Legals for November, 4 2022
NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on December 5, 2022, 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: Lots 5 and 6 of Block 25, Second Addition to Eureka, Montana, according to the plat thereof on file in the office of the Clerk and Recorder of Lincoln County, Montana. More commonly known as 509 1st Ave E, Eureka, MT 59917. Richard J. Hoffmaster, as Grantor, conveyed said real property to First American Title Company of Montana, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for American Home Mortgage Acceptance, Inc., beneficiary of the security instrument, its successors and assigns, by Deed of Trust dated on January 21, 2005, and filed for record in the records of the County Clerk and Recorder in Lincoln County, State of Montana, on January 27, 2005, as Instrument No. 182134, in Book 294, at Page 83, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2005-1 Assignment Dated: August 27, 2012 Assignment Recorded: October 5, 2012 Assignment Recording Information: as Instrument No. 241169, in Book 344, at Page 337 Assignee: Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California, N.A., as Trustee for American Home Mortgage Investment Trust 2005-1 Assignment Dated: July 24, 2013 Assignment Recorded: July 31, 2013 Assignment Recording Information: as Instrument No. 246532, in Book 349, at Page 61 All in the records of the County Clerk and Recorder for Lincoln County, Montana. Jason J. Henderson 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 May 23, 2022, as Instrument No. 300868, in Book 396, at Page 994, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to the Grantor(s) failure to make monthly payments beginning November 1, 2021, 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 $98,066.53, interest in the sum of $2,977.42, escrow advances of $903.96, other amounts due and payable in the amount of $498.31 for a total amount owing of $102,446.22, 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 15th day of July, 2022. Jason J. Henderson Substitute Trustee 38 2nd Avenue East Dickinson, ND 58601 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. MT11503 Published in The Western News October 21, 28, and November 4, 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 RE THE ESTATE OF CURTIS ROY ESCHENBACHER, Deceased Cause No. DP-22-124 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 Loretta Eschenbacher, 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 October, 2022 s/ Loretta Eschenbacher Personal Representative Hash, O’Brien, Biby & Murray, PLLP By s/ C Mark Hash Published In The Western News October 21, 28, and November 4, 2022. MNAXLP __________________________
TANKO LAW OFFICE BRIAN C. TANKO, ESQ. Montana Bar No. 5194 392 1st Avenue East North Kalispell, MT 59901 Tel: (406) 257-3711 Fax: (406) 257-3722 Email: btanko@tankolaw.com Web: www.tankolaw.com Attorney for Personal Representative MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY In Re: The Estate of: SANDRA A. JONES, Deceased. Cause No. DP-22-123 Matthew J Cuffe, District Court Judge 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 (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 JESSE JONES, the Personal Representative, to c/o Tanko Law Office, 392 – 1st Avenue E.N., Kalispell, MT 59901, or filed with the Clerk of the above-entitled Court. DATED this 26th Day of September, 2022. /S/ JESSE JONES Personal Representative Submitted by: TANKO LAW OFFICE BRIAN C. TANKO, ESQ. Attorney for Personal Representative Published In The Western News October 21, 28, & November 4, 2022. MNAXLP __________________________
Montana Nineteenth Judicial District Court Lincoln County In the Matter of the Name Change of Ellexa Waid Tuengel Allexa Waid Tuengel, Petitioner Cause No. DV-22-107 Notice of Hearing on Name Change This is notice that Petitioner has asked the District Court for a change of name from Ellexa Waid Tuengel to Ellexa Luani Heyman. The hearing will be on December 5, 2022 at 11:00am. The hearing will be at the courthouse in Lincoln County. Dated September 15, 2022. s/ Tricia Brooks Clerk of District Court s/ Michelle Freese Deputy Clerk of Court Published In The Western News October 28, November 4, 11 & 18, 2022. MNAXLP
Notice to Creditors Estate of James Robert Puckey Date of Birth June 10,1955 To All Creditors: Notice To Creditors: The decedent, James Robert Puckey, who lived at 788 Tobacco Road, Eureka, Montana 59917 died October 03,2021. Creditors of the decedent are notified that all claims against the estate will be forever barred unless presented to Jim Hammons, Lincoln County Public Administrator, named personal representative, at 512 California Avenue, Libby, Montana 59923, phone 406-283-2345, within 120 days after the date of publication of this notice. s/ Jim Hammons Lincoln County Public Administrator Personal Representative for the Estate. 512 California Ave. Libby, Montana 59923 406-283-2345 Published In The Western News November 4, 11, & 18, 2022. MNAXLP
REQUEST FOR SEALED PROPOSALS Meadow Peak Communications Tower The Lincoln County Sheriff’s Office is soliciting bids for construction of a communications tower to support antennas at the Meadow Peak communications site. Respondents should direct all questions to: Undersheriff Brent Faulkner, Lincoln County Sheriff’s Office, 512 California Ave., Libby, MT 59923; (406) 293-4112 ext. 1231; bfaulkner@lcsomt.us. Specifications are also available online at http://lincolncountymt.us under “Public Notices.” Not later than Nov. 21, 2022, at 5:00 p.m. MST, proposals must be received in a sealed envelope marked on the outside with “RFP – Meadow Peak Communications Tower” and addressed to: Undersheriff Brent Faulkner, Lincoln County Sheriff’s Office, 512 California Ave., Libby, MT 59923. Bids will be opened and reviewed in a public meeting of the Lincoln County Commissioners on Nov. 23, 2022. Lincoln County reserves the right to refuse any and all bids for this project. Published In The Western News November 4 & 11, 2022. MNAXLP