Wednesday, July 24, 2024

Legals for August, 8 2023

| August 8, 2023 12:00 AM

PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE HELEN TEQUILAS, INC. (Matthew R Hollingsworth , Owner(s)) has applied to transfer Montana All-Alcoholic Beverages License No. 56-923-4405-002 in the Libby Quota Area. The public may protest this license transfer in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location Lincoln County, residents of adjoining Montana counties, and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor’s full name, mailing address, and street address; (2) the license number 56-923-4405-002 and the applicant’s name HELEN TEQUILAS, INC.; (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor’s signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant’s qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before August 18, 2023. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Libby. All valid protestors will be notified of the hearing’s time, date and location. Hearings typically are scheduled within 90 days. A protester’s hearing testimony is limited to the grounds in the protester’s letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at Questions may be directed to Breanna Gill, Compliance Specialist for the Department of Revenue’s Alcoholic Beverage Control Division, at 444-0710 or PUBLISHED IN The Western News August 1 & 8, 2023. MNAXLP

PUBLIC HEARING NOTICE The Lincoln County Commissioners will hold a public hearing for the purpose of obtaining comments from residents of Lincoln County regarding a proposed special election for the purpose of adopting or rejecting a 3% local-option marijuana excise tax in Lincoln County.  If adopted, the tax will become effective January 1, 2024. The public hearing will be held on Wednesday, August 16, 2023, at 11:00 a.m. in the Commissioners Chamber of the Lincoln County Courthouse, 512 California Ave., Libby, MT. Written comments, or protests should be sent to the Lincoln County Clerk and Recorder’s Office, 512 California Ave., Libby, MT 59923 or email prior to Friday, August 11, 2023, at 4:00 p.m. local time.  PUBLISHED IN The Western News August 1 & 8. 2023. 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 JERRY DEAN VOLKENAND,  Deceased Cause No.  DP-23-70 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 Faith L. Volkenand, 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 30th  day of May 2023. s/ Faith L. Volkenand Personal Representative PUBLISHED IN The Western News August 1, 8 & 15, 2023. MNAXLP

The City of Troy, Montana will receive sealed bids up to and including 5:00 pm on Monday, August 21, 2023 for the sale of the following property, more particularly described as follows: 1979 GMC Bucket Truck 1980 Ford Digger Truck Both vehicles can be inspected at the Troy City Hall located at 301 E. Kootenai Avenue, Troy, Montana, between the hours of 9:00 AM to 3:00 PM, sold “As Is”, without any warranties.  Minimum bid - $5,000.00 on the 1979 GMC Bucket Truck and $5,000.00 on the 1980 Ford Digger Truck.   The City will accept the highest responsible bid, but the City of Troy Council reserves the right to reject any or all bids or to waive any technicality or informality and accept any bid which may be determined best for the interest of the City of Troy, Montana.   Bids should be addressed to the City Clerk, PO Box 823, Troy, Montana 59935 and be plainly marked “BID”.   Bids will be opened at the August 21, 2023 City Council Meeting.   Tracy Rebo City Clerk/Treasurer PUBLISHED IN The Western News August 4, 8 & 15, 2023. MNAXLP

NOTICE OF FINAL BUDGET MEETING Notice is hereby given that the Yaak School Board of Trustees will meet at the Yaak School on Wednesday, August 23, 2023, at 3:45 p.m. to consider and adopt the district’s final budget for the 23-24 school year starting July 1, 2023.  Any District taxpayer may attend and be heard on this budget’s adoption. Diane Downey District Clerk PUBLISHED IN The Western News August 8, 2023. MNAXLP

INVITATION FOR BIDS The City of Troy is requesting bids for a new 2023 Chevy Silverado 1.5-to-2-ton chassis, diesel engine, single cab with dual rear single axle.  Must be white in color with an eleven-foot dump bed non-air brakes with a GVWR of 13,000 or better.  Bids must be submitted in a sealed envelope clearly marked “Sealed Bid – Dump Bed Truck”, to the City of Troy, 301 E. Kootenai, Troy, MT.  Bids will be accepted until 5:00 PM, Monday, August 21, 2023. All bids will be opened at the 7:00 City Council meeting on August 21, 2023.   Bidders may call the public works department at 406-334-7484 for more information or email    The City of Troy reserves the right to reject any and all bids, to waive irregularities, or to accept any bid which it deems to be in the best interest of the City of Troy. CITY OF TROY /s/ Tracy Rebo City Clerk/Treasurer    PUBLISHED IN The Western News August 8, 11, & 15, 2023 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 § 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 September 04, 2023, and end on December 03, 2023. Under the temporary change:  The proposed point of diversion for water rights 76D-30023375 and 76D-304-00 is the NE¼, SW¼, NE¼ 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 NW¼ NE¼ SE¼ 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 (  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 at PUBLISHED IN The Western News August 8, 2023. MNAXLP

NATIONAL FOREST TIMBER FOR SALE KOOTENAI NATIONAL FOREST The Saw Creek Sale is located within Portions of Sections11, 12, 13, 14, T22N, R31W, Portions of Section 7, T22N, R30W,Sanders County, State of Montana, PMM. The Forest Service will receive Sealed bids at Supervisor’s Office, Libby, MT before or at the time of public bid opening at 2:00 PM local time on 09/11/2023 for an estimated volume of 30397 ton of Douglas-fir & Other sawtimber marked or otherwise designated for cutting. In addition, there is within the sale area an estimated volume of 104 ton of Combined Softwood non- saw that the bidder agrees to remove at a fixed rate. In addition, there is within the sale area an unestimated volume of Combined Softwood non-saw that the bidder may agree to remove at a fixed rate. Sale contains specified roads with an estimated public works construction cost of $188,872.40. Bidders qualifying as small business concerns under the Small Business Act may, when submitting a bid, elect for the Forest Service to build permanent roads. Additional information concerning this option is in the prospectus. The Forest Service reserves the right to reject any and all bids. Interested parties may obtain a prospectus from the office listed below. A prospectus, bid form, and complete information concerning the timber, the conditions of sale, and submission of bids is available to the public from the Kootenai National Forest Supervisor’s Office, 31374 US HWY 2, Libby, MT 59923. USDA is an equal opportunity provider, employer, and lender. PUBLISHED IN The Western News August 8, 2023. MNAXLP

NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on December 8, 2023, at 02:00 PM outside the North entrance to the Lincoln County Courthouse, 512 California Avenue, Libby, MT 59923, the following described real property situated in Lincoln County, State of Montana: A tract of land in the Northwest Quarter of the Northeast Quarter of Section 14, Township 36 North, Range 27 West, P.M.M., records of Lincoln County, and more particularly described as follows: Beginning at a point 200 feet North 13° 02’ West of the Northwest corner of Block No. 2, Midvale, Lincoln County, Montana, thence North 76° 58’ East 140 feet thence North 13° 02’ West 150 feet thence South 76° 58’ West 140 feet thence South 13° 02’ East 150 feet, designated as Plot (A), Lincoln County, Montana. Plat No. 2371. More commonly known as 480 10th Street, Eureka, MT 59917. Patrick Ross, as Grantor, conveyed said real property to Charles (Yellowstone) J. Peterson, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for America’s Wholesale Lender, beneficiary of the security instrument, its successors and assigns, by Deed of Trust on January 25, 2006, and filed for record in the records of the County Clerk and Recorder in Lincoln County, State of Montana, on January 30, 2006 as Instrument No. 191482, in Book 302, at Page 111, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Countrywide Home Loans, Inc. DBA America’s Wholesale Lender Assignment Dated: May 17, 2006 Assignment Recorded: May 22, 2006 Assignment Recording Information: as Instrument No. 194184, in Book 304, at Page 350 Assignee: BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP Assignment Dated: August 30, 2010 Assignment Recorded: September 1, 2010 Assignment Recording Information: as Instrument No. 228279 RECORDS, in Book 333, at Page 440 Assignee: Wilmington Savings Fund Society, FSB, doing business as Christiana Trust, not in its individual capacity, but solely as trustee for BCAT 2015-14BTT Assignment Dated: October 19, 2015 Assignment Recorded: November 20, 2015 Assignment Recording Information: as Instrument No. 260554 RECORDS, in Book 360, at Page 499 Assignee: Wilmington Savings Fund Society, FSB, Not in its individual capacity, but solely as Trustee of BCAT 2020-1TT Assignment Dated: June 29, 2020 Assignment Recorded: August 6, 2020 Assignment Recording Information: as Instrument No. 287011, in Book 383, at Page 908 Assignee: MCLP Asset Company, Inc. Assignment Dated: November 19, 2021 Assignment Recorded: December 16, 2021 Assignment Recording Information: as Instrument No. 297847, in Book 394, at Page 147 Assignee: U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust c/o U.S. Bank Trust National Association Assignment Dated: December 8, 2021 Assignment Recorded: December 16, 2021 Assignment Recording Information: as Instrument No. 297848, in Book 394, at Page 148 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 July 10, 2023, as Instrument No. 306552, in Book 402, at Page 221, 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 January 1, 2023, 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 $173,958.92, interest in the sum of $3,672.34, escrow advances of $1,461.32, other amounts due and payable in the amount of $1,509.15 for a total amount owing of $180,601.73, 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 27th day of July, 2023. 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. MT21522 PUBLISHED IN The Western News August 8, 15 & 22, 2023. MNAXLP