Legals July 30, 2019
MONTANA NINETEENTH JUDICIAL DISTRICT FOR LINCOLN COUNTY IN THE MATTER OF THE CHANGE OF CHRISTINE NADEEN ANDRUSCO-HIPPSLEY Petitioner DC-19-138 NOTICE OF HEARING ON PETITION FOR NAME CHANGE THIS IS NOTICE that Petitioner has asked the District Court for a change of name from Christine Nadeen Andrusco-Hippsley to Christine Nadeen Andrusco. The hearing will be on August 19, 2019, at 11:00 a.m. in the district courtroom of the Lincoln County Courthousae, Libby, MT DATED this 18 day of July 2019. TRISH BROOKS, Clerk of the District Court s/s By Jen Brown Deputy Clerk of Court Published In The Western News July 23, 30 & August 6, 13, 2019 MNAXLP
NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on November 25, 2019, at 02:00 PM outside the North door steps at the Lincoln County Courthouse located at 512 California Avenue, Libby, MT 59923, the following described real property situated in Lincoln County, State of Montana: PARCEL A An irregular tract of land lying Northwesterly from Troy, Montana, Lincoln County, lying within Govt. Lot 3 and the NW1/4 NE1/4, Section 35, Township 32 North, Range 34 West, P.M., MT., and more particularly described as. Commencing at the E 1/16 corner said Section 35, a 5/8 inch diameter rebar with plastic cap marked K.E.D, 4975S, Thence along the West line of NE 1/4 NE 1/4 said Section 35 S. 00 05' 19" W. 740 00 feet; Thence leaving said West line, N. 89 34' 41" W. 514.55 feet; Thence S. 39 39' 19" W. 465.50 feet to a set 5/8 inch diameter rebar with plastic cap marked HUGHES 7322LS and the TRUE POINT OF BEGINNING: Thence S 46 20' 00" E. 249.61 feet to a set 5/8 inch diameter rebar with plastic cap marked HUGHES 7322LS; Thence S 39 39' 19" W. 354.37 feet to a set 5/8 inch diameter rebar with plastic cap marked HUGHES, 7322LS, lying on the Northerly Right a Way limits of River Road, a 60.00 foot wide County Road; Thence along said limits N. 46 21' 00" W. 249.61 feet to a set 5/8 inch diameter rebar with plastic cap marked HUGHES 7322LS, Thence leaving said limits N. 39 39' 19" E. 354.44 feet to a set 5/8 inch diameter rebar with plastic cap marked HUGHES, 7322LS and THE TRUE POINT OF BEGINNING. CS #3865 MORE ACCURATELY DESCRIBED AS FOLLOWS: PARCEL A An irregular tract of land lying Northwesterly from Troy, Montana, Lincoln County, lying within Govt. Lot 3 and the NW1/4 NE1/4, Section 35, Township 32 North, Range 34 West, P.M., MT., and more particularly described as: Commencing at the East 1/16 corner said Section 35, a 5/8 inch diameter rebar with plastic cap marked K.E.D, 4975S, Thence along the West line of NE 1/4 NE 1/4 said Section 35 South 00°05'19" West 740.00 feet; Thence leaving said West line, North 89°34'41" West 514.55 feet; Thence South 39°39'19" West 465.50 feet to a set 5/8 inch diameter rebar with plastic cap marked HUGHES 7322LS and the TRUE POINT OF BEGINNING: Thence South 46°20'00" East 249.61 feet to a set 5/8 inch diameter rebar with plastic cap marked HUGHES 7322LS; Thence South 39°39'19" West 354.37 feet to a set 5/8 inch diameter rebar with plastic cap marked HUGHES, 7322LS, lying on the Northerly Right a Way limits of River Road, a 60.00 foot wide County Road; Thence along said limits North 46°21'00" West 249.61 feet to a set 5/8 inch diameter rebar with plastic cap marked HUGHES 7322LS, Thence leaving said limits North 39°39'19" East 354.44 feet to a set 5/8 inch diameter rebar with plastic cap marked HUGHES, 7322LS and THE TRUE POINT OF BEGINNING. CS #3865. More commonly known as 2400 River Road, Troy, MT 59935. Anthony E. Brown and Valerie J. Brown, as Grantors, conveyed said real property to Charles J. Peterson, as Trustee, to secure an obligation owed to Bank of America, N.A., by Deed of Trust on May 27, 2011, and filed for record in the records of the County Clerk and Recorder in Lincoln County, State of Montana, on May 31, 2011 as Instrument No. 232867, in Book 337, at Page 172, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Bank of America, N.A. Assignment Dated: May 9, 2019 Assignment Recorded: May 9, 2019 Assignment Recording Information: as Instrument No. 0000000 All in the records of the County Clerk and Recorder for Lincoln County, Montana Brian J. Porter 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 June 18, 2019 as Instrument No. 280094, in Book 377, at Page 494, 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 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 $145,655.15, interest in the sum of $7,326.65, escrow advances of $2,107.33, other amounts due and payable in the amount of $1,422.85 for a total amount owing of $156,511.98, 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 1st day of July, 2019. Brian J. Porter, 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. 53606. Published In The Western News July 16, 23, and 30, 2019. MNAXLP
J. Tiffin Hall Attorney at Law P.O. Box 2109 Eureka, MT 59917 telephone: (406) 297-7026 facsimile: (406) 297-7027 Attorney for Plaintiff Office of the Presiding Patriarch Over Seer A Corp Sole & His Successors for Ecclesia Popular Assembly of St. Martin MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY OFFICE OF THE PRESIDING PATRIARCH OVER SEER A CORP SOLE & HIS SUCCESSORS FOR ECCLESIA POPULAR ASSEMBLY OF ST. MARTIN, aka POPULAR ASSEMBLY OF ST. MARTIN, Plaintiff, v. JOHN DOES 1-5, 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 part thereof, adverse to Plaintiff's ownership or any cloud upon Plaintiff's title thereto, whether such claim or possible claim be present or contingent, Defendants. Cause No.DV-19-131 Judge Matthew J. Cuffe SUMMONS BY PUBLICATION THE STATE OF MONTANA SENDS GREETINGS TO THE ABOVE NAMED DEFENDANTS: The above named Plaintiff has brought an action against Defendants, who may have an interest in property situated in Lincoln County, Montana, described as follows: Lots 19 and 20, Block 1 of Kootenai Vista, according to the map or plat thereof on file in the office of the Clerk and Recorder, Lincoln County, Montana. AND LOT 1, Block 5, of Wilderness Plateau, according to the map or plat thereof on file in the office of the Clerk and Recorder, Lincoln County, Montana. The purpose of this action is quiet title to the above-described real property. YOU ARE HEREBY SUMMONED to answer the Complaint to Quiet Title in this action, which is filed in the office of the Clerk of this Court, a copy of which is herewith served upon you, and to file your answer and serve a copy thereof upon the Plaintiff's attorney within twenty-one (21) days after the service of this Summons, exclusive of the day of service. In case of your failure to appear or answer, judgment will be taken against you by default, for the relief demanded in the Complaint to Quiet Title. WITNESS my hand and the seal of said court the11th day of July, 2019. By:____________________________ s/s Matthew J. Cuffe District Court Judge Published In The Western News July 19, 26 and August 2, 2019. MNAXLP
Colleen P. Donohoe Johnson, Berg & Saxby, PLLP PO Box 3038 Kalispell, Montana 59903-3038 (406) 755-5535 Attorneys for Personal Representative MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF BRADD DENNIS HINKLEY, Deceased. Cause No.: DP-19-61 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named Decedent. All persons having claims against the said Deceased are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must either be mailed to MIKE MADISON, the Personal Representative, return receipt requested, c/o Johnson, Berg & Saxby, PLLP, PO Box 3038, Kalispell, Montana 59903-3038, or filed with the Clerk of the above-entitled Court. DATED this 24th day of June, 2019. /s/ Mike Madison . MIKE MADISON Personal Representative Published In The Western News July 23, 30 and August 6, 2019. MNAXLP
Lincoln County Emergency Management is soliciting estimates from interested parties, to provide and install metal siding and replace metal roofing on the Blue Mountain Radio site. The building is approximately 16' wide and 30' long by 15' tall walls and will include soffit and eve flashing. Construction would need to be completed prior to October 31st, 2019. A site visit is scheduled for August 1st, 2019, for details call Brent at (406) 334-7194. Estimates will close on August 16th, 2019. Please submit by mail to Lincoln County EMA, 512 California Ave, Libby, MT 59923 or email to Lcema@libby.org. Must have Workers Compensation and Employers Liability or Independent Contractor Exemption certificate. Published In The Western News July 26 and 30, 2019. MNAXLP
NOTICE LINCOLN COUNTY DISTRICT BOARD VACANCY NOTICE is hereby given for a vacancy on the Lincoln County Weed District Board. Position is to fill a vacated unexpired term: # of POSITIONS 1 DISTRICT EXPIRES Lincoln County Weed Board Troy District Preferred 12/31/2020 Interested, qualified residents are requested to submit an Application for Boards and Committee or Letter of Interest by Friday, July 26, 2019 before 5:00 P.M. To : Lincoln County Clerk and Recorder ATTN: Robin Benson 512 California Avenue Libby, MT 59923 Appointments are scheduled for Wednesday, July 31, 2017 at 10:15 AM in the County Commission Office located at the address below. Applications are available from the Lincoln County Clerk & Recorder's Office, 512 California Avenue, Libby, MT 59923. On-Line at: www.lincolncountymt.us OR by calling: 406-283-2301 or 406-283-2306. Published In The Western News July 16 & 19, 2019. MNAXLP
NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on November 26, 2019, at 10:00 o'clock A.M. (recognized local time) at the Main Door of the Lincoln County Courthouse, located at, 512 California Ave, Libby MT, the following described real property, situated in Lincoln County, Montana: A tract of land in Lots 3 and 4 of Section 19, Township 29 North, Range 30 West, P.M.M., Lincoln County, Montana, more particularly described as follows: Beginning at the Southwest Section corner of said Section 19, proceed Easterly along the Section line 1563.31 feet, more or less, to a point 60 feet Southwesterly from the centerline of U.S. Highway No. 2, thence paralleling said centerline, N. 23°, 25' W. 1351.97 feet to the true point of beginning; thence N. 23° 25' W. 97.39 feet, more or less, along the Southwesterly boundary of U.S. Highway No. 2 to the Northerly boundary of Government Lot 4; thence E. 10.9 E. feet; thence continuing along said Southwesterly boundary and being now 50 feet from the centerline of the highway, N. 23° 25' W. 557.38 feet, thence S. 77° 85' W. 233.85 feet, following a line common to a tract lying northwesterly from this line; thence S. 07° 15' E. 295.67 feet; thence, S. 19° 36' E. 251.83 feet; thence S. 38° 04' E. 73.10 feet to a point common with a certain residential tract; thence following a common line with said residential tract, S. 49° 49' E. 217.15 feet; thence continuing on said common line, N. 38° 49' E. 230.23 feet to the point of beginning. Commonly known as: 42696 Hwy 2, Libby, MT 59923 Elizabeth Benefield, as Grantor(s), conveyed said real property to First American Title Company of Montana, as Trustee, to secure an obligation owed to Creative Finance & Investments, LLC Profit Sharing Plan and/or its Assignees, as Beneficiary, by Montana Trust Indenture dated September 06, 2018, and recorded September 07, 2018, as Book 373, Page 820 Document No. 275966. The Beneficial interest is currently held by Daniel R. Morrison by Assignment of Beneficiary Interest Under Montana Trust Indenture recorded October 4, 2018 as Lincoln County Recorder's Book 374 Page 204 Instrument No. 276401. Elizabeth Benefield has defaulted in the performance of said Montana Trust Indenture by failing to 1) Comply with Section 2 of said Montana Trust Indenture to pay before delinquent all taxes and assessments, including interest and penalties, affecting said premises, specifically, the 2nd half of the 2017 and the 2nd half of 2018 taxes are delinquent. 2) Comply with Section 3 of said Montana Trust Indenture to provide, maintain and deliver to beneficiary, Insurance as such type or types and amounts as Beneficiary may require, specifically, Insurance policy cancels July 29, 2019 3) Make the monthly payment in the amount of $481.00 plus and Escrow Fee of $9.00 for a total monthly payment amount of $490.00 due for the 10th day of April, 2019 and a like sum of $490.00 due for the 10th day of each and every month thereafter, which monthly installments would have been applied on the principal and interest due on said obligation, and other charges against the property or loan. As of July 17, 2019 there is due and owing on the loan an unpaid principal balance of $50,500.00, accrued interest in the amount of $1,962.90 plus late fees in the amount of $90.00, for a total amount due of $52,552.90. Interest accrues on the Note at the rate of 11% per annum with a per diem rate of $15.22 after July 17, 2019. Interest continues to accrue. All delinquencies are now due together with any late charges, advances to protect the security, and fees and costs associated with this foreclosure. The Beneficiary anticipates and may disperse 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 obligation secured by the Montana Trust Indenture. 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 in cash at the time of sale. The conveyance will be made by Trustee's Deed. 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 to the successor in interest to the Beneficiary the entire amount then due under the Montana Trust Indenture 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 fifteen (15) days for any reason, and in the event of a bankruptcy filing, the sale may be postponed by the Trustee for up to one-hundred twenty (120) days by public proclamation at least every thirty (30) days. DATED: July 16, 2019 By: /s/ Rae Albert, Assistant Secretary for First American Title Company of Montana c/o Title Financial Specialty Services PO Box 339, Blackfoot, ID 83221 STATE OF Idaho ) SS. COUNTY OF Bingham ) On this July 16, 2019, before me, a Notary Public in and for said State, personally appeared Rae Albert, known or identified to me, to be the Assistant Secretary of First American Title Company of Montana, who is named as the Trustee in the above described Montana Trust Indenture and executed the instrument on behalf of said Trustee, and acknowledged to me that said Trustee executed the same. /s/ Kaitlin Ann Gotch Notary Public of Idaho Residing at: Blackfoot, Idaho Commission Expires: 07/29/2022 Published In The Western News July 30, August 6 and August 13, 2019. MNAXLP
NOTICE OF FINAL BUDGET MEETING Notice is hereby given that the Board of Trustees of Troy Public Schools, District #1, Lincoln County, Montana, will meet in the High School Library at 116 E. Missoula Ave. on August 12, 2019, at 6:00 p.m. The purpose of the meeting will be to consider and adopt the final budget for the District for the 2019-20 school year beginning July 1, 2019. Members of the audience may comment on the budget or on any public matter that is not on the agenda, but which is within the jurisdiction of School District #1. The meeting of the Trustees may continue from day to day until the final budget is adopted. Published In The Western News July 30 & August 2, 2019. MNAXLP