November 23, 2018 4:10 a.m.
NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on March 13, 2019, 1:30 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: Lot 5 of the subdivision of Tract 4, Vanderwood "40", according to the plat thereof on file in the office of the Clerk and Recorder of Lincoln County, Montana. More commonly known as 120 Forest Avenue, n/k/a 126 Forest Avenue, Libby, MT 59923. Della F. Johnson and Jimmy G. Johnson, as Grantors, conveyed said real property to Dan G. Cederberg, as Trustee, to secure an obligation owed to Green Tree Financial Servicing Corporation, by Deed of Trust on July 17, 1995, and filed for record in the records of the County Clerk and Recorder in Lincoln County, State of Montana, on July 19, 1995 as Instrument No. 117128, in Book 213, at Page 936, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: First Bank National Association Assignment Dated: October 16, 1995 Assignment Recorded: March 10, 1997 Assignment Recording Information: as Instrument No. 125955, in Book 233, at Page 604, Assignee: Green Tree Servicing LLC Assignment Dated: May 27, 2008 Assignment Recorded: June 9, 2008 Assignment Recording Information: as Instrument No. 211979, in Book 319, at Page 652, Assignee: U.S. Bank, N.A. as Trustee for Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate Trust 1995-6 Assignment Dated: May 21, 2018 Assignment Recorded: May 21, 2018 Assignment Recording Information: as Instrument No. 274172, in Book 372, at Page 206, 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 October 4, 2018 as Instrument No. 276397, in Book 374, at Page 200, 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 September 25, 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 $32,392.17, interest in the sum of $4,935.88, escrow advances of $1,878.78, other amounts due and payable in the amount of $40.00 for a total amount owing of $39,246.83, 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 28th day of October, 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. 52537 Published In The Western News November 9, 16, 23, 2018 MNAXLP