February 1, 2019 4:10 a.m.
NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on May 24, 2019, at 12:00 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: Lot 1 of MADELINE SUBDIVISION, according to the Plat thereof on file in the office of the Clerk and Recorder, Lincoln County, Montana. Plat #133753, excepting therefrom all that portion as shown and described on Certificate of Survey #2832, records of Lincoln County, Montana. More commonly known as 6400 Highway 93 North, aka 6400 US Highway 93 North, Eureka, MT 59917. Michael McCully and Roxanne McCully, as Grantors, conveyed said real property to First American Title & Escrow, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as nominee for GMAC Mortgage Corporation, its successors and assigns, by Deed of Trust on January 29, 2004, and filed for record in the records of the County Clerk and Recorder in Lincoln County, State of Montana, on February 4, 2004 as Instrument No. 173736, in Book 286, at Page 660, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A., Indenture Trustee for Residential Asset Mortgage Products, Inc., GMACM Mortgage Loan Trust 2004-GH1 Assignment Dated: December 7, 2015 Assignment Recorded: December 10, 2015 Assignment Recording Information: as Instrument No. 260797, in Book 360, at Page 733, 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 10, 2017 as Instrument No. 270954, in Book 369, at Page 495, 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 August 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. 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 $42,312.96, interest in the sum of $1,542.66, escrow advances of $1,345.66, other amounts due and payable in the amount of $4,304.19 for a total amount owing of $49,505.47, 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 9th day of January, 2019. 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. 49494 Published In The Western News January 18, 25, February 1, 2019 MNAXLP