Legals January 25, 2019
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
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 cmhash@hashlaw.com Attorneys for Personal Representative MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN RE THE ESTATE OF Steven Eugene Carvey, Deceased Cause No. DP-19-8 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 Rose Marie Carvey, 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 14th day of January 2019. s/Rose Marie Carvey Personal Representative Hash, O'Brien, Biby & Murray, PLLP By s/C Mark Hash Published In The Western News January 18, 25, February 1, 2019 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 Benjamin E. Lane, Deceased Cause No. DP-19-7 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 Elva M. Lane, 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 15th day of January 2019 s/ Elva M. Lane Personal Representative Hash, O'Brien, Biby & Murray, PLLP By s/ C Mark Hash Published In The Western News January 18, 25, February 1, 2019 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 BUDD L. CARDWELL, Deceased Cause No. DP-19-6 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 Judy L. Cardwell, 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 15th day of January 2019. s/ Judy L. Cardwell Personal Representative Hash, O'Brien, Biby & Murray, PLLP By s/ C Mark Hash Published In The Western News January 18, 25, February 1, 2019 MNAXLP
RUSSELL S. BARNES Attorney for Plaintiff 503 California Ave. Libby, MT 5992 MATTHEW J. CUFFE DISTRICT JUDGE IN THE DISTRICT COURT OF THE NINETEENTH JUDICIAL DISTRICT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF LINCOLN NO. DV-18-180 IN THE MATTER OF JODY L. PETERSON Plaintiff -vs- EVELYN M. WARMAN and all other persons, unknown, claiming or who might claim any right, title, estate or interest in, or lien or encumbrance upon the real property described in the Complaint, or any thereof adverse to Plaintiffs' title thereto, whether such claim or possible claim be present or contingent, including any claim or possible claim of dower, inchoate or accrued, Defendant. SUMMONS FOR PUBLICATION THE STATE OF MONTANA to the above named Defendants and to all other persons unknown, GREETING: You are hereby summoned to answer the Complaint in this action, which is filed in the office of the Clerk of this Court, a copy of which is hereby served upon you, and to file your answer and serve a copy thereof upon the Plaintiff(s)' attorney within twenty (20) days after the service of this Summons, exclusive of the day of service, and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. This action involves and is brought for the purpose of quieting title to the land situated in Lincoln County, Montana, and described as follows: That part of Lots 33, 34, 35, and 36 of Block 2, West Troy, Montana, described as follows: Beginning at the SW corner of Lot 36 of Block 2, West Troy, Montana, thence in a Northerly direction along the Easterly line of Kootenai Avenue and the Westerly line of Lots 36, 35, 34 and 33 to the North line of Lots 33 of said Block 2, thence in an Easterly direction along the north line of said Lot 33, 50 feet; thence in a Southerly direction and parallel with said Kootenai Avenue through said Lots 33, 34, 35 and 36 to. the South line of said Lot 36; thence in a Westerly direction along the South line of said Lot 36 and the North line of Third Street, 50 feet to the place of beginning. WITNESS MY HAND AND SEAL OF SAID COURT THIS 4th day of December, 2018. TRICIA BROOKS CLERK OF DISTRICT COURT By Jennie Lafond Deputy Clerk Published In The Western News January 11, 18, 25, 2019 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 April 29, 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: Lots 11, 12, 13, 14 and 15, Block 3, KARNES ADDITION, according to the map or plat thereof on file in the office of the Clerk and Recorder, Lincoln County, Montana. EXCEPTING THEREFROM that part Deeded to Lincoln County in Book 75 at Page 584. Dale D. Kinniburgh Jr and Catherine Kinniburgh, as Grantor(s), conveyed said real property to Charles J. Peterson, as Trustee, to secure an obligation owed to Countrywide Bank, FSB, as Beneficiary, by Deed of Trust dated on October 17, 2008, and recorded on October 28, 2008 as Book 322 Page 333 Document No. 215147. The beneficial interest is currently held by LSF9 Master Participation Trust. 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 February 1, 2012, 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 July 13, 2018 is $91,969.88 principal, interest totaling $38,302.78, late charges in the amount of $119.40, escrow advances of $13,663.53, other fees and expenses advanced of $23,189.26, 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: December 4, 2018 Kaitlin Ann Gotch 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 4th day of December, 2018, before me, a notary public in and for said County and State, personally appeared Kaitlin Ann Gotch, 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. Rae Albert Notary Public Bingham County, Idaho Caliber Home Loans vs Catherine B Kinniburgh Dale D Kinniburgh, Jr. 100447-1 Published In The Western News January 18, 25, February 1, 2019 MNAXLP