Legals October 5, 2018
NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on January 29, 2019, 09:00 AM 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 4 & 5, Block 7 of Kootenai Vista Annex, according to the Map or Plat thereof on file in the office of the Clerk and Recorder, Lincoln County, Montana. More commonly known as 110 Piney Road, aka 130 and 146 Piney Road, Troy, MT 59935-9744. Julie Hartung and Ronnie Hartung, as Grantors, conveyed said real property to First American Title Company, as Trustee, to secure an obligation owed to Option One Mortgage Corporation, a California Corporation, by Deed of Trust on September 13, 2004, and filed for record in the records of the County Clerk and Recorder in Lincoln County, State of Montana, on September 20, 2004 as Instrument No. 179346, in Book 291, at Page 697, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Wells Fargo Bank, N.A., as Trustee for Securitized Asset Backed Receivables LLC Trust 2005-OP1, Mortgage Pass-Through Certificates, Series 2005-OP1 Assignment Dated: December 3, 2012 Assignment Recorded: December 28, 2012 Assignment Recording Information: as Instrument No. 242774, in Book 345, at Page 794, 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 March 16, 2018 as Instrument No. 273319, in Book 371, at Page 402, 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 June 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 $106,054.43, interest in the sum of $4,480.86, escrow advances of $4,048.52, other amounts due and payable in the amount of $58,367.94 for a total amount owing of $172,951.75, 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 11th day of September, 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. 51611 Published In The Western News September 21, 28, October 5, 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 RE THE ESTATE OF JERALD TREGO Deceased Cause No. DP-18-80 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 Teresa E. Trego 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 September 11, 2018. s/Teresa E. Trego Personal Representative Hash, O'Brien, Biby & Murray, PLLP By s/C Mark Hash Published In The Western News September 21, 28, October 5, 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 EUGENE C. DRAKE Deceased Cause No. DP-18-79 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 Julie A. Drake, 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 September 19, 2018. s/Julie A. Drake, Personal Representative Personal Representative's Attorneys: Hash, O'Brien, Biby & Murray, PLLP By s/ C Mark Hash Published In The Western News September 28, October 5, 12, 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 RE THE ESTATE OF DALE R. SLAUSON, Deceased Cause No. DP-18-38 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 Clifford Neubauer 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 September 2018 s/Clifford Neubauer Personal Representative Hash, O'Brien, Biby & Murray, PLLP By s/C Mark Hash Published In The Western News September 28, October 5, 12, 2018 MNAXLP
After Recording Return To: Mackoff Kellogg Law Firm 38 2nd Ave E Dickinson, ND 58601 691873 / 641332MTS NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on January 29, 2019, 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 3, Block 4, Wilderness Plateau, according to the map or plat thereof on file in the office of the Clerk and Recorder, Lincoln County, Montana. Thomas W. Roark and Gerry L. Roark, as Grantor(s), conveyed said real property to Fidelity National Title Company, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as nominee for Nations Lending Corporation, as Beneficiary, by Deed of Trust dated November 24, 2015, and recorded on December 1, 2015 in Book 360, Page 615, as Document No. 260675. The beneficial interest is currently held by Nations Lending Corporation, an Ohio Corporation. 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 October 1, 2016, 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 August 13, 2018 is $209,454.04 principal, interest totaling $15,312.65, late charges in the amount of $428.84, escrow advances of $3,127.28, and other fees and expenses advanced of $5,321.65, 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 25, 2018. /s/ 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 25th day of September, 2018, before me, a notary public in and for said County and State, personally appeared Rae Albert, known 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 she executed the same. /s/ Kaitlin Ann Gotch Notary Public Bingham County, Idaho Commission expires: 07/29/2022 LoanCare, LLC vs Gerry L. Roark Thomas W. Roark 103147-3 Published In The Western News October 5, 12, 19, 2018 MNAXLP
NOTICE OF PUBLIC HEARING The Montana Department of Natural Resources and Conservation (DNRC) and the Kootenai Development Company are proposing a land exchange in Lincoln County. The proposal identifies 640 acres of State Land (Section 16, T31N, R30W) located within the Libby Superfund Site OU3 to be exchanged for 1,239.43 acres of deeded private land belonging to Kootenai Development Company (Sec. 7 T29N, R27W, Gov't Lots 1, 2, 3, 5, 6 and 7; SWNE; W2SE; E2SW; SENW Sec. 1 T29N, R28W, and Gov't Lot 4; SWNW; W2SW Sec. 1 T29N, R28W). A public hearing will be held at the Montana Department of Natural Resources and Conservation, office located at: 177 State Lands Office Road, Libby, Montana, 59923, on October 16, 2018, from 1:00 - 2:00 PM. This hearing will explain the exchange proposal and provide an opportunity for additional public comment. This exchange is scheduled to go before the Montana Board of Land Commissioners on November 19, 2018; at the State Capitol in Helena, MT. A public comment period on this project is scheduled to occur during this meeting. The Draft Environmental Assessment for the proposal is available for public review on-line at: http://dnrc.mt.gov/public-interest/public-notices/2018-notices/DraftEAChecklistVermiculiteMountainLandExchange.pdf . Public comment on this draft environmental assessment will end on Friday, October 26, 2018 at 5pm. All substantive comments will then be addressed and published, along with the decision, in a final environmental assessment. Please submit all written comments to: Montana DNRC - Libby Unit Attn: Dave Marsh 177 State Lands Office Road Libby, MT 59923-7820 E-Mail: dmarsh@mt.gov Verbal comments may be submitted by telephone at: (406) 293-2711, ext. 6. Published In The Western News October 5, 9, 2018 MNAXLP