Saturday, December 28, 2024
34.0°F

Legals November 9, 2018

| November 9, 2018 4:10 AM

Call for bids The City of Troy, Montana will receive sealed bids up to and including 5:00 pm on Wednesday November 21, 2018, for the sale of the following property, more particularly described as follows: 2002 - 580 Super M Backhoe Loader, 4,956 hours, includes: extend a hoe, clam bucket, and rear thumb on back bucket. Located at the corner of Kalispell Avenue and 3rd Street in Troy, please call the City Hall at 406-295-4151 to schedule a time to inspect it between the hours of 9:00 AM to 3 PM. Sold "AS IS" without any warranties, MINIMUM BID IS -$22,700.00 The City will accept the highest responsible bid, but the Troy City Council reserves the right to reject any or all bids or to waive any technicality or informality and accept any bid which may be determined best for the interest of the City of Troy, Montana. Bids should be addressed to the City Clerk, PO Box 823, Troy MT 59935 and be plainly marked "BID". Bids will be opened November 21st, 2018 at 7:00 pm. /s/ Tracy Rebo, City Clerk Published In The Western News November 2, 9, 2018 MNAXLP

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

NATIONAL FOREST TIMBER SALE CORRECTED ADVERTISEMENT NATIONAL FOREST TIMBER FOR SALE, KOOTENAI NATIONAL FOREST. The DAVIS DECKS 2 Salvage timber sale includes an estimated 1,483 TONS of Sawlog timber (equivalent to 493 CCF) designated for removal located within portions of Section 32 and 33, T36N, R32W; PMM, Lincoln County, State of Montana. This is a DECK SALE and all rates will be paid for at a rate per TON. Sealed bids will be opened in public at the Forest Supervisor's Office, Libby, MT at 9:00 am., local time, on November 15, 2018. The right to reject any and all bids is reserved. The prospectus includes minimum acceptable stumpage and the rate of required additional payments. The required bid guarantee is $200.00. A prospectus and other information concerning the timber, the conditions of sale and submission of bid can be obtained from the Forest Supervisor's Office, 31374 US Hwy 2, Libby, Montana or Three Rivers Ranger District, 12858 US Hwy 2, Troy, MT. The USDA is an equal opportunity provider and employer. Published In The Western News November 9, 2018 MNAXLP

NATIONAL FOREST TIMBER SALE NATIONAL FOREST TIMBER FOR SALE, KOOTENAI NATIONAL FOREST. The EDNA DECKS Salvage Sale includes an estimated 682 TONS of Engelman Spruce & Other Sawlog timber (equivalent to 313 CCF) designated for removal located within portions of Section 2, 3, 4, 9, 10 and 11, T33N, R27W; and portions of Sections 33, 34 and 35 T34N, R27W, PMM, Lincoln County, State of Montana. This is a DECK SALE and all rates will be paid for at a rate per TON. Sealed bids will be opened in public at the Forest Supervisor's Office, Libby, MT at 1:00 pm., local time, on Nov. 16, 2018. The right to reject any and all bids is reserved. The prospectus includes minimum acceptable stumpage and the rate of required additional payments. The required bid guarantee is $100.00. A prospectus and other information concerning the timber, the conditions of sale and submission of bid can be obtained from the Forest Supervisor's Office, 31374 US Hwy 2, Libby, Montana or Rexford Ranger District, 949 US Hwy 93 N, Eureka, MT. The USDA is an equal opportunity provider and employer. Published In The Western News November 9, 2018 MNAXLP

NATIONAL FOREST TIMBER SALE NATIONAL FOREST TIMBER FOR SALE, KOOTENAI NATIONAL FOREST. The CLEMATIS DECKS Salvage Sale includes an estimated 94 TONS of Engelman Spruce & Other Sawlog timber (equivalent to 43 CCF) designated for removal located within portions of Section 4, 9 and 19, T33N, R27W; and portions of Section 25 T33N, R28W, PMM, Lincoln County, State of Montana. This is a DECK SALE and all rates will be paid for at a rate per TON. Sealed bids will be opened in public at the Forest Supervisor's Office, Libby, MT at 11:00 am., local time, on Nov. 15, 2018. The right to reject any and all bids is reserved. The prospectus includes minimum acceptable stumpage and the rate of required additional payments. The required bid guarantee is $100.00. A prospectus and other information concerning the timber, the conditions of sale and submission of bid can be obtained from the Forest Supervisor's Office, 31374 US Hwy 2, Libby, Montana or Rexford Ranger District, 949 US Hwy 93 N, Eureka, MT. The USDA is an equal opportunity provider and employer. Published In The Western News November 9, 2018 MNAXLP

NATIONAL FOREST TIMBER SALE NATIONAL FOREST TIMBER FOR SALE, KOOTENAI NATIONAL FOREST. The STERLING DECKS Salvage Sale includes an estimated 1031 TONS of Engelman Spruce & Other Sawlog timber (equivalent to 381 CCF) designated for removal located within portions of Section 9, 10, 16, 17 and 21, T33N, R27W, PMM, Lincoln County, State of Montana. This is a DECK SALE and all rates will be paid for at a rate per TON. Sealed bids will be opened in public at the Forest Supervisor's Office, Libby, MT at 9:00 am., local time, on Nov. 16, 2018. The right to reject any and all bids is reserved. The prospectus includes minimum acceptable stumpage and the rate of required additional payments. The required bid guarantee is $200.00. A prospectus and other information concerning the timber, the conditions of sale and submission of bid can be obtained from the Forest Supervisor's Office, 31374 US Hwy 2, Libby, Montana or Rexford Ranger District, 949 US Hwy 93 N, Eureka, MT. The USDA is an equal opportunity provider and employer. Published In The Western News November 9, 2018 MNAXLP

NATIONAL FOREST TIMBER SALE NATIONAL FOREST TIMBER FOR SALE, KOOTENAI NATIONAL FOREST. The CLIFF CREEK DECKS Salvage Sale includes an estimated 471 TONS of Engelman Spruce & Other Sawlog timber (equivalent to 168 CCF) designated for removal located within portions of Section 19 and 29, T33N, R27W, PMM, Lincoln County, State of Montana. This is a DECK SALE and all rates will be paid for at a rate per TON. Sealed bids will be opened in public at the Forest Supervisor's Office, Libby, MT at 11:00 am., local time, on Nov. 16, 2018. The right to reject any and all bids is reserved. The prospectus includes minimum acceptable stumpage and the rate of required additional payments. The required bid guarantee is $100.00. A prospectus and other information concerning the timber, the conditions of sale and submission of bid can be obtained from the Forest Supervisor's Office, 31374 US Hwy 2, Libby, Montana or Rexford Ranger District, 949 US Hwy 93 N, Eureka, MT. The USDA is an equal opportunity provider and employer. Published In The Western News November 9, 2018 MNAXLP

MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF J.R.P. A Youth In Need of Care. MATTHEW J. CUFFE, District Judge Cause No. DN-17-14 CITATION FOR PUBLICATION TO: BRANDON HUFFMAN YOU ARE HEREBY NOTIFIED that a Petition has been filed in the above-entitled Court by the Montana Department of Public Health and Human Services, Child and Family Services Division (DPHHS) requesting Permanent Legal Custody and Termination of Parental Rights with Right to Consent to Adoption. NOW, THEREFORE, YOU ARE HEREBY DIRECTED to appear on December 3, 2018, at 3:00 o'clock p.m., at the Montana Nineteenth Judicial District Court, 512 California Avenue, Libby, Montana, then and there to show cause, if any you may have, why DPHHS's requests for relief should not be granted. The youth was born on 03/18/2013 in Libby, MT. The youth's mother is Chawnee Patton. The youth's father is Brandon Huffman. You have the right to be represented by an attorney in these proceedings. If you are unable to afford an attorney, you have the right to ask the Court to appoint an attorney to represent you. Your failure to appear at the hearing constitutes a denial of your interest in the above-named child, which denial may result, without further notice of this proceeding or any subsequent proceeding, in judgment by default being entered for the relief requested in the petition. A copy of the Petition is filed with the Clerk of District Court in Lincoln County, 406-283-2342. WITNESS the Honorable Matthew J. Cuffe, Judge of the above-entitled Court and the Seal of this Court, this 1st day of November, 2018. TRICIA BROOKS, Clerk of District Court By: /s/ Jen Brown Deputy Clerk Published In The Western News November 2, 9, 16, 2018 MNAXLP

NOTICE OF PROPOSED SUBDIVISION PUBLIC HEARING MCMILLIAN BLUFF SUBDIVISION SECTION 36, TOWNSHIP 30 NORTH, RANGE 31 WEST, P.M.M Lincoln County hereby gives notice that a public hearing will be held on Wednesday, December 12th, 2018 at 1:30 pm, or soon thereafter, in the Commissioners Room of the Lincoln County Courthouse, Libby, Montana in order to inform the public and receive comments on a proposed subdivision located approximately 7.5 miles south of Libby, MT, with the intent to create 12 residential lots. The proposal is accessed by as of yet undeveloped roads off of Swede Mountain Road. The public will have the opportunity to offer written or oral comment on the proposed subdivision at this meeting. **If you cannot make it to the public hearing, please submit your comments IN WRITING so they can be added to the staff report and meeting minutes of record.** For further information or to see a copy of the proposal, contact the Lincoln County Planning Department, 418 Mineral Ave., Libby, Montana, 59923; Phone (406) 283-2444 or jmertes@libby.org. Dated this 7th Day of November 2018 Jake Mertes, RS Lincoln County Environmental Health and Planning Published In The Western News November 9, 2018 MNAXLP

NOTICE OF PROPOSED SUBDIVISION PUBLIC HEARING LITTLE BEAR SUBDIVISION SECTION 35, TOWNSHIP 32 NORTH, RANGE 34 WEST, P.M.M Lincoln County hereby gives notice that a public hearing will be held on Wednesday, December 12th, 2018 at 1:30 pm, or soon thereafter, in the Commissioners Room of the Lincoln County Courthouse, Libby, Montana in order to inform the public and receive comments on a proposed subdivision located approximately 1.5 miles north of Troy, MT, with the intent to create 12 residential lots and ~3 acres of common area park. The proposal is accessed by an as of yet undeveloped road off of US Highway 2. The public will have the opportunity to offer written or oral comment on the proposed subdivision at this meeting. **If you cannot make it to the public hearing, please submit your comments IN WRITING so they can be added to the staff report and meeting minutes of record.** For further information or to see a copy of the proposal, contact the Lincoln County Planning Department, 418 Mineral Ave., Libby, Montana, 59923; Phone (406) 283-2444 or jmertes@libby.org. Dated this 7th Day of November 2018 Jake Mertes, RS Lincoln County Environmental Health and Planning Published In The Western News November 9, 2018 MNAXLP

NOTICE OF TRUSTEE'S SALE To be sold for cash at Trustee's Sale on the 22 day of January, 2019, at 11:30 o'clock a.m., at the office of Lincoln County Title Company of 119 West 5th Street; Libby, Montana, is the following property: Lot 16 of the Amended Plat of Lots 16 and 17 of WARD TRACTS, according to the plat therof on file in the office of the Clerk and Recorder of Lincoln County, Montana. John D. Leary JR and Angela L. Leary, of 318 Wards Road, as Grantor, convey the above described property to Lincoln County Title Company, as Trustee, to secure an obligation owed to Gary J. Zajanc and Amanda Zajanc, as Beneficiary by Montana Trust Indenture dated September 13, 2013 and recorded September 16, 2013, in Book 349, Page 823, under Document No. 247367, in microfilm records of the Clerk and Recorder of Lincoln County, Montana. The default in the obligation, the performance of which is secured by the aforementioned Montana Trust Indenture, and for which default this foreclosure is made, is the failure by the Grantor, or other person owing an obligation, or by their successors-in-interest, to timely pay the final payment due and payable by September 1, 2018 and interest at the rate of 5% per annum; and the failure of Grantor to pay expenses of the foreclosure, including Trustee's and attorney's fees and costs. There is presently owed on the obligation secured by the Deed of Trust the principle sum of $109,076.54 plus interest thereon at the rate of 5% per annum from the 8th of August, 2018, until paid. Other expenses to be charged against the sale proceeds include, escrow shortages, if any, Trustee's and Attorney's fees and costs, and expenses of foreclosure and sale. The Beneficiary has elected to sell the above described property to satisfy the aforementioned obligation and has instructed to undersigned Trustee to do so. DATED this 17th day of September, 2018. Lincoln County Title Company Russell S. Barnes, Trustee 119 West 5th Street Libby, MT 59923 STATE OF MONTANA County of Lincoln On this 17th day of September, 2018, before me, a Notary Public in and for said State, personally appeared Russell S. Barnes 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 Trustee. IN WITNESS WHEREOF, I have hereunto set my hand affixed my Notarial Seal the day and year first above written. Stephanie L Dill Notary Public for State of Montana Residing at Libby My commission expires 9-30-21 Published In The Western News November 9, 16, 23, 2018 MNAXLP

NOTICE OF TRUSTEE'S SALE To be sold for cash at Trustee's Sale on the 22nd day of January, 2019, at 11:00 o'clock a.m., at the office of Lincoln County Title Company of 119 West 5th Street; Libby, Montana, is the following property: Lot 10 of TERRACE VIEW, situated in the E1/2 NW1/4 and the W1/2 E1/2 of Section 2, Township 29 North, Range 31 West, P.M.M., as shown on Plat No. 997 on file in the office of the Clerk and Recorder of Lincoln County, Montana. LARRY M. HANSON of C/O Myrna Shilling, 1107 Tatemstown Road, Chesapeake, VA 23325, as Grantor, convey the above described property to LINCOLN COUNTY TITLE COMPANY, as Trustee, to secure an obligation owed to RUSSELL F. COUNTER and LINDA COUNTER, as Beneficiary by Montana Trust Indenture dated June 29, 2012 and recorded June 29, 2012 in Book 342, Page 879, under Document No. 239463, in microfilm records of the Clerk and Recorder of Lincoln County, Montana. The default in the obligation, the performance of which is secured by the aforementioned Montana Trust Indenture, and for which default this foreclosure is made, is the failure by the Grantor, or other person owing an obligation, or by their successors-in-interest, to timely pay the monthly installments of $1,331.44 or more on or before the 10th day of each month, beginning on the 10th day of June, 2017; interest at the rate of 4% per annum; and the failure of Grantor to pay expenses of the foreclosure, including Trustee's and attorney's fees and costs. There is presently owed on the obligation secured by the Montana Trust Indenture the principle sum of $131,008.01 plus interest thereon at the rate of 4% per annum from May 26, 2017, until paid. Other expenses to be charged against the sale proceeds include, escrow shortages, if any, Trustee's and Attorney's fees and costs, and expenses of foreclosure and sale. The Beneficiary has elected to sell the above described property to satisfy the aforementioned obligation and has instructed to undersigned Trustee to do so. DATED this 17th day of September, 2018. Lincoln County Title Company Russell S. Barnes, Trustee 119 West 5th Street Libby, MT 59923 STATE OF MONTANA County of Lincoln On this 17th day of September, 2018, before me, a Notary Public in and for said State, personally appeared Russell S. Barnes 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 Trustee. IN WITNESS WHEREOF, I have hereunto set my hand affixed my Notarial Seal the day and year first above written. Stephanie L Dill Notary Public for State of Montana Residing at Libby My commission expires 9-30-21 Published In The Western News November 9, 16, 23, 2018 MNAXLP MNAXLP

PUBLIC NOTICE Notice of Intent to Transfer Location of Air Quality Permit (Pursuant to Section 75-2-211, MCA, and ARM Title 17, Chapter 8, Subchapter 7, PERMIT, CONSTRUCTION AND OPERATION OF AIR CONTAMINANT SOURCES). WOOD'S CRUSHING AND HAULING, INC. will file on or about November 20, 2018, a notification of intent to transfer location of an air quality permit with the Permitting and Compliance Division/Air Resources Management Bureau of the Montana Department of Environmental Quality. Applicant seeks approval of its transfer of location of ROCK CRUSHING PLANT, AIR QUALITY PERMIT #4062 to SEC. 16, TS 31N, R 31W-LINCOLN COUNTY. 3.5 Miles North of Libby on Pipe Creek Road. Sheldon Pit, Long: 48 26'33.54"N, Lat: 115 33'32.19"W The division must approve or disapprove the permit transfer within 30 days of receipt of a complete notice of intent. Any member of the public with questions or who wished to review a copy of the permit and the division's analysis of it, or to submit comments on the change of location must contact the division at 1520 East Sixth Street, P.O. Box 200901. Helena, Montana 59620-0901- phone 406-444-3490 Any comments on the locations transfer must be submitted to the division within 15 days after the date of this publication. Published In The Western News November 9, 2018 MNAXLP

Former Mine Area Weather Station to Close for Winter The Remote Automated Weather Station (RAWS) located at the top of Vermiculite mountain approximately 6 miles northwest of Libby, MT, will shut down for the winter months, from mid-November to late March, access permitting. When operating, the station collects, stores, and makes available on the internet weather data that also is shared with the National Interagency Fire Center (NIFC) in Boise, Idaho. Posted by W. R. Grace & Co. Published In The Western News November 6, 9, 2018 MNAXLP

Request for Proposals Yaak Elementary School, is requesting proposals for leased lit fiber (with or without Internet access) for delivery of Internet access services to the district. Service is expected to terminate at the district hub site 29893 Yaak River Rd. Troy MT. Detailed information regarding specification for this proposal can be found at the following links: https://goo.gl/8d9vFt or on our school website yaakschool.org by clicking on the Fiber RFP tab. You may also request a copy by emailing Diane Downey, Yaak School District Clerk. mailto:schoolclerk@yaakschool.org Published In The Western News November 9, 2018 MNAXLP