Legals August 3, 2018
C. Mark Hash Hash, O'Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. W., P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 Attorneys for Personal Representative MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN RE THE ESTATE OF FRED O. BACHE, Deceased Cause No. DP-18-63 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representa-tive 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 Grace J. Bache the Personal Representative, by certified mail, return receipt requested, c/o Hash, O'Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED this 24th day of July, 2018. s/Grace J. Bache Personal Representative Hash, O'Brien, Biby & Murray, PLLP By s/C Mark Hash Published In The Western News August 3, 10, 17, 2018 MNAXLP
Return to: Amy N. Guth Attorney at Law, P.C. 408 Main Avenue Libby, MT 59923 NOTICE OF TRUSTEE'S SALE NOTICE IS HEREBY GIVEN that Successor Trustee will, on Wednesday the 12th day of September, 2018, at 11:00 a.m., at the front steps located on the north end of the Lincoln County Courthouse, 512 California Ave, Libby, MT 59923, sell at public auction to the highest bidder, payable at the time of sale in lawful money of the United States, the following described real property: A tract of land in Lots 3 and 4 of Section 19, Township 29 North, Range 30 West, P.M.M., Lincoln County, Montana, more particularly described as follows: Beginning at the Southwest Section corner of said Sec. 19, proceed Easterly along the Section line 1563.31 feet, more or less, to a point 60 feet Southwesterly from the centerline of U.S. Highway No. 2, thence paralleling said centerline, N. 23° 25' W. 1351.97 feet to the true point of beginning; thence N. 23° 25' W. 97.39 feet, more or less, along the Southwesterly boundary of U.S. Highway No. 2 to the Northerly Boundary of Government Lot No. 4; thence E. 10.9 feet; thence continuing along said Southwesterly boundary and being now 50 feet from the centerline of the highway, N. 23° 25' W. 557.38 feet, thence S. 77° 85' W. 233.85 feet, following a line common to a tract lying northwesterly from this line; thence S. 07° 15' E. 295.67; thence S. 19° 36' E. 251.83 feet; thence S. 38° 04' E. 73.10 feet to a point common with a certain residential tract; thence following a common line with said residential tract,S. 49° 49' E. 217.15 feet; thence continuing on said common line, N.38° 49' E. 230.23 feet to the point of beginning. The sale will be conducted pursuant to the terms of the "Small Tract Financing Act of Montana." The following information is provided for interested parties who may wish to bid at the sale: GRANTOR: Elizabeth Benefield ORIGINAL TRUSTEE: First American Title Company SUCCESSOR TRUSTEE: Amy N. Guth, Attorney at Law P.C. BENEFICIARY: Richard M. Vinson and Brenda L. Vinson RECORD OWNER OF PROPERTY: Elizabeth Benefield MONTANA TRUST INDENTURE INFORMATION: The Montana Trust Indenture under which this sale is to be conducted was recorded on August 22, 2017, in Book 368 at Page 863 as document number 270272. DEFAULT: The default for which this foreclosure sale is being conducted consist of the following: 1. Failure to pay monthly principal and interest payments in the amount of FOUR HUNDRED SIXTEEN AND SEVENTY SIX CENTS ($416.76) each. 2. Failure to pay before delinquent all taxes and assessments, including interest and penalties, affecting said premises and improvements. SUMS OWING: The following sums are now due and owing to the Beneficiary by the Grantor: a. PRINCIPAL BALANCE $ 35,893.92 [As of 05/02/2018] b. INTEREST: $ 1,741.59 [As of 05/02/2018 accrues at $6.88377/day] c. RECORDING FEES: $ 35.00 [As of 05/02/2018] d. ATTORNEYS FEES: $ 1,500.00 [Attorney's Fees - accruing] e. ADDITIONAL SUMS DUE: $ 35.00 [Escrow Close Out Fee] $ 166.70 [Late Fees As of 5/02/2018] $ 433.00 [Trustee Sale Guarantee] $ 1,765.21 [Property Taxes as of 5/02/2018] Beneficiary elects to declare all amounts under the Note and Montana Trust Indenture to be immediately due and payable in consequence of the default of Grantor. Beneficiary directs that Successor Trustee sell the real property above described for the satisfaction of the obligations including any recurring obligations that become due and any costs or fees associated with this sale. This sale is a public sale and any person, including the Beneficiary, 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 and will be made without warranty, express or implied, regarding title, possession, or encumbrances. The sale purchaser will be entitled to possession of the property on the tenth day following the sale. This is an action to collect a debt. DATED this 2nd day of May, 2018. ____________ Amy N. Guth Successor Trustee 408 Main Avenue Libby, Montana 59923 SUBSCRIBED AND SWORN TO before me this 2nd day of May, 2018, under penalty of perjury. Dee Teske Notary Public for the State of Montana, Residing at Libby, My commission expires September 16, 2021. Published In The Western News August 3, 10, 17, 2018 MNAXLP
NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on November 19, 2018, 02:00 PM at the main entrance of the Lincoln County District Courthouse located at 512 California Avenue, Libby, Montana 59923, the following described real property situated in Lincoln County, State of Montana: In Lincoln County, Montana, to wit: Lot 3, Whitetail Tracts, according to the Plat thereof on file in the office of the Clerk and Recorder of Lincoln County, Montana. More commonly known as 766 Whitetail Drive, Rexford, MT 59930. Wilma F. Beebe, an unmarried woman, and Ranee I. Hazen, a married woman as her separate property and Fredrick D. Hazen, her husband , as Grantors, conveyed said real property to Charles J. Peterson, Attorney at Law, as Trustee, to secure an obligation owed to Bank of America, N.A., by Deed of Trust on October 1, 2009, and filed for record in the records of the County Clerk and Recorder in Lincoln County, State of Montana, on October 15, 2009 as Instrument No. 222226, in Book 328, at Page 514, of Official Records. All in the records of the County Clerk and Recorder for Lincoln County, Montana Benjamin J. Mann is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Lincoln County, State of Montana, on April 12, 2018 as Instrument No. 273715, in Book 371, at Page 778, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to Grantor's failure to make monthly payments beginning November 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. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable. The total amount due on this obligation is the principal sum of $90,081.91, interest in the sum of $3,683.66, escrow advances of $1,626.77, other amounts due and payable in the amount of $706.46 for a total amount owing of $96,098.80, plus accruing interest, late charges, and other fees and costs that may be incurred or 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 Grantor. 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, has the right, at any time prior to the Trustee's Sale, to 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 by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee's and attorney's fees. In the event that all defaults are cured the foreclosure will be dismissed and the foreclosure sale will be canceled. The scheduled Trustee's Sale may be postponed by public proclamation up to 15 days for any reason. 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. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse. This is an attempt to collect a debt and any information obtained will be used for that purpose. Dated this 17th day of July, 2018. Benjamin J. Mann, Substitute Trustee 376 East 400 South, Suite 300, Salt Lake City, UT 84111 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. 52339. Published In The Western News July 20, 27, August 3, 2018 MNAXLP
C. Mark Hash Hash, O'Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. W., 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 Donald F. Drury, Deceased Cause No. DP-18-58 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 Susan E. Drury, Personal Representative by certified mail, return receipt requested, c/o Hash, O'Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED July 6, 2018. s/ Susan E. Drury Personal Representative Personal Representative's Attorneys: Hash, O'Brien, Biby & Murray, PLLP By s/ C Mark Hash Published In The Western News July 27, August 3, 10, 2018 MNAXLP
Tom L. Lewis, P.C. 2715 Park Garden Lane Great Falls, MT 59404 (406) 899-2968 Attorneys for Estate MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF LARRY GILBERT RAAN, Deceased. CAUSE NO. DP-18-7 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 either be mailed to Randy Raan, the Personal Representative, return receipt requested, in care of Tom L. Lewis, P.C., 2715 Park Garden Lane, Great Falls, Montana 59404, or filed with the Clerk of the above Court. I declare under penalty of perjury that the foregoing is true and correct. DATED this 16th day of July, 2018 Randy Raan, Personal Representative TOM L. LEWIS, P.C. By: Tom L. Lewis 2715 Park Garden Lane Great Falls. MT 59404 Attorneys for Estate Published In The Western News July 27, August 3, 10, 2018 MNAXLP
ACCEPTING BIDS Lincoln County Rural Fire District #1 is accepting bids for a new 50'x60' Fire Station Building. State of Montana Building permit shall be obtained and building shall meet current edition of International Building Code. Bids must include: Construction Type (Steel, Stick or Pole framing) Details of concrete specifications (type of slab, thickness, etc.) Insulation details for walls and ceiling Bids shall also include all labor and material costs for Building, Concrete, Excavation, Plumbing, Electrical, Heating. Bid shall include estimated start and finish date. Bid shall be received no later than August 6, 2018 at 5:00 p.m. Bids can be dropped off at 119 E 6th St., or mailed to: Lincoln County Rural Fire District #1, PO Box 369, Libby, MT. 59923. For specific details of request contact Steve Lauer at 406-293-9217. Lincoln County Rural Fire District #1 Board of Trustees reserves the right to accept or reject and and all bids. Published In The Western News July 20, 27, August 3, 2018 MNAXLP
LEGAL NOTICE The Department of Environmental Quality (DEQ) has completed a comprehensive five-year bond review of the Essex Quarry operated by Schellinger Construction under Operating Permit No. 00045. The quarry is located near Essex approximately 28 miles southeast of West Glacier in Flathead County, Montana. The site is in Sections 33 and 34, Township 30 North, Range 16 West. The mine site was most recently inspected on July 10, 2018. The current bond is set at $153,568. DEQ has determined that the current bond does not represent the present costs of reclaiming the site and proposes to increase the bond to $300,894. The increase in the bond amount is due to the additional need for compost, as well as increased labor and equipment costs. A copy of the bond calculations that form the basis for the proposed bond determination and information on the proposed bond determination can be obtained by contacting the Department of Environmental Quality, Hard Rock Mining Bureau, PO Box 200901, 1520 E Sixth Ave, Helena, MT 59620-0901, or by calling Herb Rolfes at (406) 444-3841 or hrolfes@mt.gov. Comments must be received by August 28, 2018. A final decision on the bond determination will be issued within 30 days of the close of the public comment period. In addition to the proposed bond increase, DEQ is proposing to release bond in the amount of $6,475 due to completed reclamation. DEQ has determined that Schellinger Construction has successfully conducted weed control on ten acres of the site, allowing the establishment of vegetation required under its operating permit. DEQ may not release or decrease a bond until the public has been provided an opportunity for hearing and a hearing has been held if requested. Requests for a hearing must be received by August 28, 2018 and be directed to the contact set forth above. If both the proposed bond increase and proposed bond release become final, the reclamation bond for Operating Permit No. 00045 will be $294,419. Published In The Western News August 3, 2018 MNAXLP
PUBLIC NOTICE The Department of Natural Resources and Conservation (DNRC) hereby provides public notice that DNRC is considering a request by the Kootenai Cross Country Ski Club to amend their existing land use license. This amendment would include the construction, maintenance and use of approximately 0.5 miles of new cross-country ski trails on state lands located in Section 20, T30N, R31W in the Flower Creek drainage. Any additional revenue generated from this proposal would benefit the Public Buildings Trust. Public comment regarding this matter may be submitted to: Montana Department of Natural Resources and Conservation, Attention: Dave Marsh, 177 State Lands Office Road, Libby, MT 59923, or E-mail at: dmarsh@mt.gov. You can telephone at: (406) 293-2711 Ext. 6. Comments need to be received by 5:00 P.M. on August 6, 2018. Published In The Western News July 6, 13, 20, 27, August 3, 2018 MNAXLP
SCOPING NOTICE PROPOSED PROJECT ON STATE TRUST LANDS IN FLOWER CREEK AREA July 3, 2018 The Department of Natural Resources and Conservation (DNRC), Libby Unit, is soliciting comments and concerns on requested uses of State Lands in the Flower Creek area. Lincoln County is proposing to develop and construct a non-motorized trail system and its amenities in portions of sections 16 and 20 T30N R31W. This project would consist of approximately 9.1 miles of new single track trail construction, 2.5 miles of existing roads would also be used for sections of trail, and a trailhead. The trail would be built to International Mountain Bicycling Association standards. Amenities would include a 40 foot by 80 foot parking lot, vaulted toilet and a kiosk and signage at the trailhead and along trails. DNRC is considering the issuance of a Land Use License (LUL) which would allow these elements to be placed on the landscape. All improvements would be non-perpetual in nature and could be moved off the landscape and rehabbed if requested. These parcels would continue to be primarily managed for timber resources. This notice has been sent to you because you a neighboring land owner or we believe you may have interest in the proposal area. In accordance with Montana Environmental Policy Act, public concerns about the project and potential environmental impacts will be considered and analyzed prior to making the decision of whether or not to grant the LUL. You have until August 9, 2018 to submit your concerns or comments relating to this project by mail or e-mailing written comments to Jeremy Rank, DNRC Libby Unit, 177 State Lands Office Road, Libby, MT 59923 or e-mail at: jrank@mt.gov. Published In The Western News July 6, 13, 20, 27, August 3, 2018 MNAXLP