Legals August 15, 2017
NOTICE Whereas, the Board of Pardons and Parole has officially received an application for Executive Clemency concerning David Cox, convicted of the crime of burglary in Libby, Montana, in the county of Lincoln, State of Montana, and on October 12, 1982 received a term of 4 years with 1 year and 270 days ss. Therefore, be it ordered that Wednesday 30, 2017 at 2:30pm be set apart for the consideration of said Executive Clemency matter; and all persons having an interest therein desiring to be heard either for or against the granting of the Executive Clemency, are hereby notified to contact the Board of Pardons and Parole, 1002 Hollenbeck Road, Deer Lodge, Montana 59722, phone (406)846-1404 within 10 days of the date of said hearing, to be present at 2:30 pm at the Board of Pardons & Parole office at 1002 Hollenbeck Road, Deer Lodge. Further, ordered that a copy of this order be printed and published in The Western News, in Libby, Montana, in the county of Lincoln, once each week for a two-week period. Sincerely, BOARD OF PARDONS & PAROLE Cathy Leaver, Adm. Specialist. Published In The Western News August 15, 22, 2017 MNAXLP
NOTICE OF TRUSTEE'S SALE OF REAL PROPERTY NOTICE IS HEREBY GIVEN by Fred Simpson, as Successor Trustee, of the public sale of the real property herein after described pursuant to the "Small Tract Financing Act of Montana" (Section 71-1-301, et seq., MCA). The following information is provided: THE NAMES OF THE GRANTOR, ORIGINAL TRUSTEE, THE BENEFICIARY IN THE TRUST INDENTURE, ANY SUCCESSOR IN INTEREST TO THE BENEFICIARY OR GRANTOR, AND ANY SUCCESSOR TRUSTEE ARE: Grantor: Wilderness Preserve US LP, a Montana LP Original Trustee: First American Title Company Beneficiaries: Waconda Arizona Properties III, LLC, and Waconda Education and Incentive Trust Successor Trustee: Fred Simpson THE DESCRIPTION OF THE PROPERTY COVERED BY THE DEED OF TRUST IS: The real property and its appurtenances in Lincoln County, Montana, is more particularly described as follows: Lot 226A of the Wilderness Club Amendment 9, (being Amended Plat of Lots 226 & 227, The Wilderness Club Phase 3, and Lot 245, The Wilderness Club Phase 4 and Golf Course, Common Area/ Open Spaces & Future Phases, The Wilderness Club) according to the map or plat thereof on file in the office of the Clerk and Recorder, Lincoln County, Montana. CS #4389RB AND An undivided 8/12 interest as tenants in common with the other owners of Fractional Estates in and to the remainder, particularly described as: Fractional Estate No. 2, 5, 6, 7, 8, 10, 11 and 12 in Lot 228 of The Wilderness Club, Phase 3, a resort residence according to the Declaration of Protective Covenants and Fractional Ownership Agreement for the Wilderness Club, recorded September 25, 2015 in Book 359 at page 663. RECORDING DATA: Deed of Trust was recorded on November 17, 2015, in Book 360 at page 448 THE DEFAULT FOR WHICH THE FORECLOSURE IS MADE IS: 1) Failure to pay amounts due pursuant to the terms of the Deed of Trust and Grantor's Promissory Note dated November 16, 2015, secured thereby, executed by Grantor Wilderness Preserve US LP, a Montana LP, including but not limited to the nonpayment of the entire principal sum of Six Hundred Thirty Thousand and No/100 Dollars ($630,000.00) together with interest thereon at the annual rate of Fifteen Percent (15% through November 16, 2016, plus interest on the outstanding balance of principal and accrued interest at the rate of Five Percent (5% per annum from and after November 17, 2016. THE SUMS OWING ON THE OBLIGATION SECURED BY THE TRUST INDENTURE ARE: Principal: $630,000 Interest: $94,500 through November 16, 2016 Late Charges/Default Interest: $24,911.75 (through July 25, 2017, accruing at $99.25/day) The Beneficiary anticipates and intends to disburse such amounts as may be required to preserve and protect the real property, and for real property taxes that may become due or delinquent, unless such amounts or taxes are paid by the Grantor or successor in interest to the Grantor. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligation secured by the Trust Indenture. Other expenses to be charged against the proceeds of the sale include the Trustee's and attorney's fees, and cost and expenses of sale. THE SUCCESSOR TRUSTEE, AT THE DIRECTION OF THE BENEFICIARY, HEREBY ELECTS TO SELL THE PROPERTY TO SATISFY THE AFORESAID OBLIGATIONS. THE DATE, TIME, PLACE, AND TERMS OF SALE ARE: Date: December 15, 2017 Time: 10:00am, Mountain Standard Time Place: Lincoln County Courthouse, 512 California Avenue, Libby, Montana, 59923 Terms: This sale is a public sale and any person, including the Beneficiary, and excepting only the Successor Trustee, may bid at the sale. The bid price must be paid in cash. The conveyance will be made by Trustee's Deed. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale. DATED this 25th day of July, 2017. Fred Simpson Successor Trustee STATE OF MONTANA ) : ss. County of Missoula ) This record was acknowledged before me on July 25, 2017 by Fred Simpson as Successor Trustee. Printed Name: Jodi R. Wilson NOTARY PUBLIC, State of Montana Residing at: Missoula, MT My commission expires: Sept. 5, 2019 MNAXLP
PUBLIC NOTICE The City Council of the City of Libby has completed the preliminary municipal budget for fiscal year 2017-18. A Public Hearing will be held on Monday August 28, 2017 for all interested citizens of the City of Libby. The Public Hearing will be held in the Council Chambers at City Hall at 7:00 pm, to hear any residents for or against any part of the budget before it is finalized. The proposed budget and resolutions levying a special assessments to defray the cost of street maintenance and lighting, has been placed on file and may be examined on weekdays in the office of the City of Libby at 952 E. Spruce St. between 8:00 am and 5:00 pm. By order of the Mayor and Council: Audray J. McCollum City Clerk/Treasurer 293-2731 Published In The Western News August 15, 22, 2017 MNAXLP
NOTICE OF SALE Department of Natural Resources & Conservation Timber Sale The Meadow Ridge Timber Sale is located within Section Section 36, T28N, R27.5W and Section 4, T27N, R27W on the State's Kalispell Unit. Approximately 16,037 tons, consisting of mixed conifer sawlogs, are offered for sale. Sealed bids will be opened at the Department of Natural Resources & Conservation, 2705 Spurgin Road, Missoula, Montana on August 31, 2017 at 2:00 p.m. Bids may be hand delivered or mailed and will be accepted any time prior to the bid opening. DNRC recommends that bidders contact the Trust Land Management Division (406-542-4300) prior to the bid opening to ensure that your bid has been received. Bids must be accompanied by a deposit of $14,016.00, representing 5% of the minimum bid value of the sale in cashier's check, certified check, bank money order or bank draft to be applied to the first sale invoice for the successful bidder. Bid bonds will be accepted and, for the successful bidder, will be closed upon execution of the Timber Sale Contract and Timber Sale Bond. The sale will be awarded to the highest responsible bidder. Award of the timber sale is conditional upon approval of the timber sale by the State Board of Land Commissioners at their August 21, 2017 meeting. If the successful bidder is unable to execute the contract within 30 calendar days from the date the sale is awarded, the bid deposit will be retained by the Department as liquidated damages. The right is reserved to reject any or all bids. Prospective bidders can obtain the sale prospectus, sale contract and bid forms from the Department of Natural Resources & Conservation, Trust Land Management Division, in Missoula (406-542-4300) or the Northwest Land Office/Kalispell Unit in Kalispell (406-751-2266). Visit our website at http://dnrc.mt.gov/divisions/trust/ forest-management/timber-sale-information for upcoming sales and bid results. Published In The Western News August 1, 8, 15, 22, 2017 MNAXLP
C. Mark Hash HASH, O'BRIEN, BIBY & MURRAY, PLLP 136 First Ave. West P.O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 Attorneys for Personal Representative MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF SANDRA J. NORDAHL, Deceased. Cause No. DP-17-64 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said deceased are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must be either mailed to Jean P. Nordahl, the Personal Representative, return receipt requested, at Hash, O'Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, MT 59903-1178, or filed with the Clerk of the above-entitled Court. I declare under penalty of perjury that the foregoing is true and correct. Dated this 27th day of July, 2017, in Kalispell, Montana 59901. Jean P. Nordahl Personal Representative of the Estate of Sandra J. Nordahl, deceased Personal Representative's Attorneys: Hash, O'Brien, Biby & Murray, PLLP By C. Mark Hash P.O. Box 1178 Kalispell, MT 59903-1178 Published In The Western News August 1, 8, 15, 2017 MNAXLP
SHERIFF'S SALE HARVEY OWENS Vs: MICHAEL J ANDERSON, et al TO BE SOLD AT PUBLIC AUCTION: At 10 a.m., on AUGUST 23, 2017, at 512 California Ave., Sheriff's Office Lobby, Libby, Mt. THIS SALE WILL BE HELD ON A CASH BASIS TO THE HIGHEST BIDDER. (WE WILL ACCEPT BANK DRAFT OR ACCEPTABLE CHECKS) ALL BIDS WILL BE SUBJECT TO THE APPROVAL OF THE PLAINTIFFS AND OR THE ATTORNEY(S) REPRESENTING THE PLAINTIFFS. An irregular tract of land near Troy in Lincoln County, Montana, being a part of Homestead Entry Survey No. 1057 in unsurveyed Section 30, Township 32 North, Range 33 West, P.M.M., Lincoln County, Montana, more precisely described on C.S. #606. Possibly 2323 Rabbit O'Brien ( 20 acres) For information call (406)293-4112 ext 8. By_____________________________ Brandon Huff, Undersheriff Published In The Western News August 1, 8, 15, 2017 MNAXLP
After Recording Return To: Title Financial Specialty Services Attention: Foreclosure Department P.O. Box 339 Blackfoot ID 83221 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on November 30, 2017, at 11:00 AM at the North Steps of the Lincoln County Courthouse located at 512 California Avenue in Libby, MT 59923, the following described real property situated in Lincoln County, Montana: Lot 6, Block 18 South Libby First Addition, according to the plat thereof on file in the office of the Clerk and Recorder, Lincoln County, Montana Tatum M Haines, as Grantor, conveyed said real property to First American Title Company of Montana, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., solely as a nominee for Glacier Bank, Corporation, as Beneficiary, by Deed of Trust dated on November 1, 2010, and recorded on November 1, 2010 as Book 334 Page 370 under Document No. 229366. The beneficial interest is currently held by PHH MORTGAGE CORPORATION. First American Title Company of Montana, Inc., is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Lincoln County, Montana. The beneficiary has declared a default in the terms of said Deed of Trust by failing to make the monthly payments beginning February 1, 2017, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan. The total amount due on this obligation as of July 1, 2017 is $63,095.47 principal, interest totaling $1,340.76 late charges in the amount of $56.68, escrow advances of $265.69, and other fees and expenses advanced of $111.35, plus accruing interest, late charges, and other costs and fees that may be advanced. The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Grantors. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust. Other expenses to be charged against the proceeds of this sale include the Trustee's fees and attorney's fees, costs and expenses of the sale and late charges, if any. Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the obligation. The sale is a public sale and any person, including the beneficiary, excepting only the Trustee, may bid at the sale. The bid price must be paid immediately upon the close of bidding in cash or cash equivalents (valid money orders, certified checks or cashier's checks). The conveyance will be made by Trustee's Deed without any representation or warranty, including warranty of Title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale. The grantor, successor in interest to the grantor or any other person having an interest in the property, at any time prior to the trustee's sale, may pay to the beneficiary or the successor in interest to the beneficiary the entire amount then due under the deed of trust and the obligation secured thereby (including costs and expenses actually incurred and attorney's fees) other than such portion of the principal as would not then be due had no default occurred and thereby cure the default. The scheduled Trustee's Sale may be postponed by public proclamation up to 15 days for any reason, and in the event of a bankruptcy filing, the sale may be postponed by the trustee for up to 120 days by public proclamation at least every 30 days. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated: July 14, 2017 Rae Albert Assistant Secretary, First American Title Company of Montana, Inc. Successor Trustee Title Financial Specialty Services PO Box 339 Blackfoot ID 83221 STATE OF Idaho ) ) ss. County of Bingham ) On this 14th day of July, 2017 before me, a notary public in and for said County and State, personally appeared Rae Albert, know to me to be the Assistant Secretary of First American Title Company of Montana, Inc., Successor Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. Shannon Gavin Notary Public Bingham County, Idaho Commission expires: 01/19/2018 PHH vs Haines 100977-10 Published In The Western News August 8, 15, 22, 2017 MNAXLP
TANKO LAW OFFICE DENISE P. JAMES, ESQ. Montana Bar No. 38016558 392 - 1st Avenue East North Kalispell, MT 59901 Tel: (406) 257-3711 Fax: (406) 257-3722 Email: djames@tankolaw.com Web: www.tankolaw.com Attorney for Personal Representative, Christopher R. Holden MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY Hon. Matthew Cuffe District Court Judge In Re: The Estate of RONALD CHRIS HOLDEN, Deceased. Cause No. DP-17-65 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named Estate. All persons having claims against the said deceased are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must either be mailed to CHRISTOPHER R. HOLDEN, the Personal Representative, certified with return receipt requested, to c/o Tanko Law Office, 392 - 1st Avenue E.N., Kalispell, MT 59901, or filed with the Clerk of the above entitled Court. DATED this 12th day of July, 2017. CHRISTOPHER R. HOLDEN, Personal Representative VERIFICATION STATE OF MONTANA ) ) ss: COUNTY OF FLATHEAD ) On this 12th day of July, 2017, before me, the undersigned, a Notary Public for the State of Montana, personally appeared CHRISTOPHER R. HOLDEN, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as the Applicant of the Estate of RONALD CHRIS HOLDEN, and that the document is accurate and complete to the best of his knowledge and belief as to the information required by M.C.A. 72-3-202. CHRISTOPHER R. HOLDEN IN WITNESS WHEREOF, the undersigned executes and acknowledges this instrument as of the date above stated. Katheryn A Cox NOTARY Published In The Western News August 8, 15, 22, 2017 MNAXLP