Legals for March, 25 2022
Camisha Sawtelle Sawtelle Law Firm PLLC P.O. Box 5117 Whitefish, Montana 59937 Telephone: (406) 730-1399 camisha@sawlawmt.com Attorney for Personal Representative MONTANA NINETEENTH JUDICIAL DISTRICT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF HOWARD WAYDE HARVEY Deceased. Probate No. DP-22-25 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the Adam Michael-Bungay Sullinger 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 the notice or said claims will be forever barred. Claims must either be mailed to Sawtelle Law Firm PLLC the attorney for the Personal Representative, return receipt requested, at PO Box 5117, Whitefish, MT 59937, or filed with the Clerk of the above Court. Dated: March 8, 2022. SAWTELLE LAW FIRM PLLC _ s/s Camisha Sawtelle, Attorney of the Personal Representative of the Estate of Howard Wayde Harvey Published In The Western News March 25, April 1, & 8, 2022. MNAXLP
NOTICE OF SALE Department of Natural Resources & Conservation Timber Sale The Libby Unit Office Timber Sale is located within Section 16, T30N-R29W, on the State's Libby Unit. Approximately 10,749 tons, consisting primarily Douglas-fir sawlogs, are offered for sale. Sealed bids will be opened at the Department of Natural Resources & Conservation, 2705 Spurgin Road, Missoula, Montana on April 26, 2022 at 2:00 p.m. Bids may be hand delivered or mailed and will be accepted any time prior to the bid opening. DNRC recommends that bidders contact the Trust Land Management Division (406-542-4300) prior to the bid opening to ensure that your bid has been received. Bids must be accompanied by a deposit of $8,465.00, representing 5% of the minimum bid value of the sale in cashier's check, certified check, bank money order or bank draft to be applied to the first sale invoice for the successful bidder. Bid bonds will be accepted and, for the successful bidder, will be closed upon execution of the Timber Sale Contract and Timber Sale Bond. The sale will be awarded to the highest responsible bidder. If the successful bidder is unable to execute the contract within 30 calendar days from the date the sale is awarded, the bid deposit will be retained by the Department as liquidated damages. The right is reserved to reject any or all bids. Prospective bidders can obtain the sale prospectus, sale contract and bid forms from the Department of Natural Resources & Conservation, Trust Land Management Division, in Missoula (406-542-4300), the Northwestern Land Office in Kalispell (406-751-2257), or the Libby Unit Office in Libby, MT (406-293-2711). Visit our website at http://dnrc.mt.gov/divisions/trust/forest-management/timber-sale-information for upcoming sales and bid results. Published In The Western News March 25, April 1, 8, 15, 22, 2022. MNAXLP
Patrick F. Flaherty Flaherty Gallardo Lawyers 1026 1st Ave. South P.O. Box 1968 Great Falls, MT 59403 Phone: (406) 727-8494 Fax: (406) 727-8537 pat@greatfallsfirm.com Counsel for the Estate MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF JOHN A. BROWN, Deceased. Case No. DP-22-5 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 decedent 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 either be mailed to Patrick F. Flaherty, the personal representative's attorney, return receipt requested, at P.O. Box 1968, Great Falls, MT 59403, or filed with the Clerk of the above-entitled Court. DATED this29th day of December, 2021. s/s Jada Schnetter Personal Representative Published In The Western News March 18, 25 & April 1, 2022. MNAXLP
Public Notice Envirocon/Dick Anderson Construction Joint Venture, 5512 Montana Highway 37, intends to temporarily lease and change water rights from the Kootenai River, Rainy Creek, and/or Carney Creek located near Libby, Montana pursuant to MCA ยง 85-2-402. The Lessor and owner of the water rights is the Kootenai Development Co., 7500 Grace Drive, Columbia, Maryland 21044. The Montana DNRC water right numbers for the temporarily changed water rights are 76D 303-00, 76D 304-00, 76D 305-00, 76D 310-00, and 76D 30023375. The purpose of the lease is for road construction and dust abatement. The source of water to be used under the temporary change is the Kootenai River, Rainy Creek, and/or Carney Creek. The diversion of water is proposed to start on April 11, 2022 and end on July 10, 2022. Under the temporary change: The proposed point of diversion for water rights 76D-30023375 and 76D-304-00 is the NE 1/4 , SW 1/4 , NE 1/4 of Section 32 in Township 31 North, Range 30 West Lincoln County on the Kootenai River; the proposed point of diversion for water rights 76D 303-00, 76D 305-00, and 76D 310-00 will be the NW 1/4 NE 1/4 SE 1/4 of Section 21, Township 31 North, Range 30 West Lincoln County, at the Mill Pond located at the confluence of Carney Creek and Rainy Creek; the proposed place of use is in sections 15, 16, 21, 22, 28 and 32 all in Township 31 North, Range 30 West Lincoln County. The maximum flow rate and volume for all water rights will not be exceeded, and the cumulative diversion and use of any rights will not exceed 120,000 gallons per day. The industrial water used under water rights 76D 303-00, 76D 304-00, 76D 305-00, 76D 310-00 will be temporarily curtailed during the term of this lease. The water right is not abandoned and the point of diversion and means of diversion are still functional. The 14.2 acres of irrigation use under water right 76D-30023375 will also be temporarily curtailed during the term of this lease. Analysis of flow records provided by the USGS at stream gauging station 12301933for the Kootenai River below Libby Dam near Libby Montana show that the minimum flow rate for the Kootenai River is 3,000 cfs (https://waterdata.usgs.gov/mt/nwis/uv?site_no=12301933). Withdrawing 120,000 gallons of water per day is approximately 0.0062% of the daily minimum flow of the Kootenai River which can be considered de minimis. The proposed point of diversion is not moving upstream or downstream of any other existing water user on the Kootenai River. There are no other water rights on Rainy Creek or Carney Creek, that could be adversely effected by the lease. Use of any water rights will continue to operate in priority, and within the historic appropriation. Accordingly, it does not appear that the water use will cause adverse effect to any other water users. If any water users are adversely effected, diversions will be immediately curtailed until the adverse effects subside. Questions, comments or concerns can be communicated to the Lessor representative Hafferman Engineering Inc. at kurt@haffermanengineering.com Published In The Western News March 25, 2021. 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 The Matter of The Estate of GERALD L. BOLLES, Deceased Cause No. DP-22-38 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 Susan E. Bolles, 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 March 16, 2022. s/ Susan E. Bolles Personal Representative Personal Representative's Attorneys: Hash, O'Brien, Biby & Murray, PLLP By s/ C Mark Hash Published In The Western News March 25, April 1 & 8, 2022. 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 The Matter of The Estate of JAMES R. SHORT Deceased Cause No. DP-22-39 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 Anita M. Short, 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 March 16, 2022. s/ Anita M. Short Personal Representative's Attorneys: Hash, O'Brien, Biby & Murray, PLLP By s/ C Mark Hash Published In The Western News March 25, April 1 & 8, 2022. 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 MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN RE THE ESTATE OF MARY J. PAYTON, Deceased Cause No. DP-22-40 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 Sandra L. Sullivan, 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 17th day of March, 2022 s/ Sandra J. Sullivan Personal Representative Hash, O'Brien, Biby & Murray, PLLP By s/ C Mark Hash Published In The Western News March 25, April 1 & 8, 2022. MNAXLP
NOTICE OF TRUSTEE'S SALE OF REAL PROPERTY Notice of the sale of real property which is secured by a Deed of Trust is hereby given pursuant to the provisions of the "Small Tract Financing Act of Montana" (Section 71-1-301, et. seq., Montana Code Annotated). THE NAMES OF THE GRANTOR(S), TRUSTEE, THE BENEFICIARY IN THE DEED OF TRUST, ANY OF THE SUCCESSOR(S) IN INTEREST TO THE BENEFICIARY, AND ANY SUCCESSOR TRUSTEE(S) ARE: Grantor(s): Hilton W Bowers and Kris J Bowers Trustee: First American Title & Escrow Beneficiary: Heritage Bank Successor In Interest to the Beneficiary: Montana Board of Housing Successor Trustee: Burt W. Ward, Esq. THE DESCRIPTION OF THE PROPERTY COVERED BY THE DEED OF TRUST IS: The real property and its appurtenances in Lincoln County, Montana, more particularly described as follows: THE NORTHERLY 15 FEET OF LOT 3 AND ALL OF LOT 2 OF GLEN DORA TRACTS, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK AND RECORDER OF LINCOLN COUNTY, MONTANA. PARCEL A, COS #6285 RECORDING DATA: The following instruments and documents have been recorded in the Clerk and Recorder's Office in Lincoln County, Montana on the date and in the place indicated. Deed of Trust dated June 26, 2000, and recorded June 26, 2000, in Book 263, at Page 426. Assignment of Deed of Trust dated June 26, 2000, and recorded June 26, 2000, in Book 263, at Page 427, wherein Heritage Bank assigned its beneficial interest in the Deed of Trust to the Montana Board of Housing. Appointment of Successor Trustee dated January 19, 2022, wherein Burt W. Ward, Esq. was appointed Successor Trustee. THE DEFAULT FOR WHICH THE FORECLOSURE IS MADE IS: The nonpayment of the amounts due pursuant to the Note and the Deed of Trust both dated June 26, 2000, referred to above, including but not limited to the nonpayment of principal, interest, taxes, and reserves therefor. THE SUM OWING ON THE OBLIGATION SECURED BY THE DEED OF TRUST IS: Principal: $35,669.04 (the entire remaining balance of the aforesaid Note being declared immediately due and payable.) Interest: At the rate of 7.1250% per annum from October 1, 2020. Others: All unpaid balances, including taxes and insurance together with all necessary expenses which may be incurred in collection, including a reasonable attorney's fee and all costs, fees and expenses, including costs of a foreclosure report, advertising and recording expense. THE SUCCESSOR IN INTEREST TO THE BENEFICIARY HEREBY ELECTS TO SELL THE PROPERTY TO SATISFY THE AFORESAID OBLIGATIONS. THE DATE, TIME, PLACE AND TERMS OF SALE ARE: Date: June 8, 2022. Time: 10:00 a.m., Mountain Standard Time or Mountain Daylight Time, whichever is in effect. Place: Inside the Southeast Door of the Lincoln County Courthouse located at 512 California Avenue, Libby, Montana. Terms: This sale is a public sale and any person, including the beneficiary, excepting only the Successor Trustee may bid at the sale. The bid price must be paid in cash. 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. If the sale is set aside for any reason, the purchaser at the sale shall be entitled only to a return of the deposit paid. The purchaser shall have no further recourse against the present beneficiary, the trustee or successor trustee, or against the beneficiary's attorney, or the trustee's attorney. RIGHT TO CURE: The grantor, successor in interest to the grantor or any other person having an interest in the aforesaid property, at any time prior to the trustee's sale, may pay to the present 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 theretofore existing. DATED: January 19, 2022. MONTANA BOARD OF HOUSING By: /s/ Vicki Bauer ITS: Homeownership Program Manager STATE OF MONTANA County of Lewis & Clark This instrument was acknowledged before me on January 19, 2022, by Vicki Bauer as Homeownership Program Manager of the Montana Board of Housing. /s/ Katelyn Reich Printed Name: Katelyn Reich Notary Public for the State of Montana Residing at Helena, Montana My Commission Expires: November 22, 2025 Published In The Western News March 11, 18 & 25, 2022. MNAXLP
Montana Nineteenth Judicial District Court, Lincoln County In the Matter of the Name Change of: Linda Marie Bower, Petitioner Cause No. DV-22-20 NOTICE OF HEARING ON NAME CHANGE This is notice that Petitioner has asked the District Court for a change of name from Linda Marie Bower to Linda Marie Hutt. The hearing will be on April 4, 2022 at 11:00 am. The hearing will be at the courthous in Lincoln County. Dated March 23, 2022 Tricia Brooks Clerk of District Court s/s Jen Brown Deputy Clerk of Court Published In The Western News March 4, 11, 18, & 25, 2022. MNAXLP