Legals November 23, 2018
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
PUBLIC NOTICE New Lincoln County Ordinance 2018-05--First Reading LINCOLN COUNTY COMMUNITY DECAY ORDINANCE. An ordinance to control community decay within Lincoln County and establish procedures for its enforcement. November 28, 2018 at 11:00 am in the County Commissioners Office located at 512 California Avenue, Libby MT. VisionNet is available to those residents in North Lincoln County who would like to attend without traveling. Complete draft of ordinance is available at the Lincoln County Clerk and Recorder's office and will be posted following the first reading. If you have any questions, please contact Clerk and Recorder Robin Benson at 406-283-2301 or email: lcclerk@libby.org Published In The Western News November 16, 23, 2018 MNAXLP
CALL FOR BIDS County Growth Policy and Comprehensive Economic Development Strategy Updates Sealed bids will be received up to and including 5:00p.m., Friday, December 14, 2018, for the County Growth Policy and Comprehensive Economic Development Strategy Updates proposal. Lincoln County has received a federal Community Development Block Grant (CDBG) award from the Montana Department of Commerce (MDOC) to update Lincoln County's Growth Policy and Lincoln County's Comprehensive Economic Development Strategy (CEDS). The total project budget is $43,000. Contingent upon this grant award, the Board of Lincoln County Commissioners is soliciting proposals for planning consultant services to assist Lincoln County in developing a growth policy consistent with all requirements of Montana state law and assisting the Lincoln County Port Authority with development of a CEDS meeting the requirements of the U.S. Economic Development Administration guidelines. Payment terms will be negotiated with the selected offeror, in accordance with CDBG program administrative guidelines. The work activities include holding and facilitating public meetings and hearings as necessary in Lincoln County as well as other public outreach efforts. Responses should include: 1. The firm's legal name, address, and telephone number; 2. The principal(s) of the firm and their experience and qualifications; 3. Experience and qualifications of the staff to be assigned to the project, specifically related to growth policies and economic development plans; 4. Contacts that could be used as references for previous work involving growth policies and plans; 5. A description of the firm's prior experience, counties/cities worked with in the last 5 years; 6. A description of the firm's current work activities and how these would be coordinated with the project; and 7. The proposed work plan and schedule for activities to be performed, with project completion no later than end of September of 2019. Respondents will be evaluated according to the following factors: 1. The qualifications of the personnel to be assigned to the project (20%) 2. Related experience on similar projects (20%) 3. The consultant's capability to meet time and project budget requirements including present and projected workloads (20%) 4. Clear and well thought out work plan (25%) 5. Experience working in Lincoln County (15%) The selection of finalists will be based on an evaluation of the written responses. At Lincoln County's discretion, interviews may be held with the top-ranked firms. The award will be made to the offeror whose proposal is deemed most advantageous to Lincoln County, all factors considered. Unsuccessful offerors will be notified as soon as possible. Questions and responses should be directed to Lincoln County Administrator Darren Coldwell at 512 California Avenue, Libby, Montana 59923. All responses must be received by 5:00 pm on December 14, 2018. Please state "Lincoln County Planning Consultant Services Proposal" on the outside of the response package. Respondents may review the CDBG application which includes a description of the proposed services including activities, budget, schedule, and other pertinent information by visiting the Lincoln County Planning Department during regular office hours (8-5). A copy of the application is also available for review at the offices of the Community Development Division, Montana Department of Commerce, 301 S. Park Avenue, P.O. Box 200523, Helena MT 59620-0523. Consistent with the requirements of Section 3 of the Housing and Community Development Act of 1968, CDBG regulations governing the grant require that to the greatest extent feasible, opportunities for training and employment arising in connection with this CDBG assisted project will be extended to local lower-income residents. Further, to the greatest extent feasible, business concerns located in or substantially owned by residents of the project area will be utilized. Disadvantaged business enterprises (DBEs) are encouraged to apply. This solicitation is being offered in accordance with federal and state statutes governing procurement of professional services. Accordingly, the Board of Lincoln County Commissioners reserves the right to negotiate an agreement based on fair and reasonable compensation for the scope of work and services proposed, as well as the right to reject any and all responses deemed unqualified, unsatisfactory or inappropriate. Proposals should be addressed to the Lincoln County Board of Commissioners, 512 California Avenue, Libby, MT, 59923, and must be plainly marked "Request for Proposals". Published In The Western News November 16, 23, 2018 MNAXLP
MATTHEW J. CUFFE, District Judge 512 California Avenue, Libby, MT 59923 MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF E.T., A Youth In Need of Care. Cause No. DN-18-05 CITATION FOR PUBLICATION TO: Unknown Putative Father 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 termination of parental rights, permanent legal custody and rights to consent to adoption. NOW, THEREFORE, YOU ARE HEREBY DIRECTED to appear on the 19th day of December, 2018 at 9:00 o'clock a.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 12/27/2017 in Libby, MT. The youth's mother is Victoria Tipton. The youth's father is unknown. 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 19th day of November, 2018. TRICIA BROOKS, Clerk of District Court By: /s/_Jennie Lafond________ Deputy Clerk Published In The Western News November 23, 30, December 7, 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
After Recording Return To: Mackoff Kellogg Law Firm 38 2nd Ave E Dickinson, ND 58601 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on March 4, 2019, at 02:00 PM 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: A tract of land in the SW1/4SE1/4SE1/4 of Section 30, Township 35 North, Range 25 West, P.M.M., Lincoln County, Montana, described as follows: BEGINNING at the Southwest corner of the SE1/4 SE1/4 of Section 30, Township 35 North, Range 25 West, thence North 420 feet; thence East along the County road 236 feet; thence South 420 feet; thence West 236 feet to the point of beginning. Walter J. Hume and Valli M. Hume, as Grantor(s), conveyed said real property to Fidelity National Agency Solutions, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as nominee for Caliber Home Loans, Inc., a Corporation, as Beneficiary, by Deed of Trust dated on September 27, 2016, and recorded on October 13, 2016 as Book 364 Page 928 Document No. 265698. The beneficial interest is currently held by Caliber Home Loans, Inc. First American Title Company of Montana, Inc., is currently the Trustee. The beneficiary has declared a default in the terms of said Deed of Trust by failing to make the monthly payments beginning May 1, 2018, 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 September 6, 2018 is $310,846.01 principal, interest totaling $4,347.74, late charges in the amount of $222.88, and other fees and expenses advanced of $53.00, 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: September 28, 2018 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 28th day of September, 2018, 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. Kaitlin Ann Gotch Notary Public Bingham County, Idaho Caliber Home Loans vs Valli M. Hume Walter J. Hume 106137-1 Published In THe Western News November 16, 23, 30, 2018 MNAXLP