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Legals for August, 11 2023

| August 11, 2023 12:00 AM

37-23 / 1101555 NOTICE OF TRUSTEE’S SALE TO BE SOLD FOR CASH AT TRUSTEE’S SALE on November 28, 2023, 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 59923, the following described real property, situated in Lincoln County, Montana: Lots 10 and 11 of Block 15, LEONARD ADDITION to Libby, Montana, according to the plat thereof on file in the office of the Clerk and Recorder of Lincoln County, Montana. AND The S½ of Lot 9 of Block 15, LIBBY, Montana, according to the plat thereof on file in the office of the Clerk and Recorder of Lincoln County, Montana. Commonly known as: 422 Montana Avenue, Libby, MT 59923 Michael McCallum and Kevin McCallum, as Grantor(s), conveyed said real property to First American Title Company, as Trustee, to secure an obligation owed to Eric Clark, as Beneficiary, by Montana Trust Indenture dated June 25, 2021, and recorded June 25, 2021, as Document No. 294172 Book 390 Page 656. The Beneficial interest is currently held by Eric Clark. Flying S Title and Escrow of Montana, Inc., is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Lincoln County, Montana. Michael McCallum and Kevin McCallum have defaulted in the performance of said Montana Trust Indenture by failing to 1) make the monthly payment of $671.50 plus an escrow fee of $3.00 for a total monthly payment of $674.50 due for the 1st day of January, 2023 and a like sum of $674.50 due for the 1st 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. 2) comply with section 2 of said Montana Trust Indenture to provide, maintain and deliver to beneficiary, insurance of such type of types and amounts as Beneficiary may require. 3) comply with section 4 of said Montana Trust Indenture to pay before delinquent taxes and assessments, including interest and penalties. As of July 12, 2023 there is due and owing on the loan an unpaid principal balance of $109,367.20, accrued interest in the amount of $3,894.95, for a total amount due of $113,262.15. Interest accrues on the Note at the rate of 6% per annum with a per diem rate of $17.98 after July 12, 2023. 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 11, 2023 By: /s/ Rae Albert, Assistant Secretary for Flying S Title and Escrow of Montana, Inc. c/o Title Financial Specialty Services PO Box 339, Blackfoot, ID 83221 STATE OF Idaho SS. COUNTY OF Bingham On this July 11, 2023, 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 Flying S Title and Escrow of Montana, Inc., who is named as the Successor Trustee in the above described Montana Trust Indenture and executed the instrument on behalf of said Successor Trustee, and acknowledged to me that said Successor Trustee executed the same. /s/ Sharon Pope Notary Public of Idaho Residing at: Blackfoot, Idaho Commission Expires:03/28/2028 PUBLISHED In The Western News July 28, August 4 & 11, 2023. MNAXLP

NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on December 4, 2023, 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: A tract of land located in the W1/2SE1/4NE1/4 of Section 8, Township 33 North, Range 34 West, P.M.M., more particularly described as Parcel A CS #3663. More commonly known as 311 Evergreen Ln, Troy, MT 59935-8508. Donnie Hilliard and Marcella Hilliard, as Grantors, conveyed said real property to Old Republic National Title Insurance Company, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Quicken Loans Inc., Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on October 31, 2016, and filed for record in the records of the County Clerk and Recorder in Lincoln County, State of Montana, on October 31, 2016 as Instrument No. 265947, in Book 365, at Page 146, and modified pursuant to the Modification recorded on May 24, 2021, as Instrument No. 293410, in Book 389, at Page 952, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Quicken Loans Inc. Assignment Dated: March 11, 2020 Assignment Recorded: March 17, 2020 Assignment Recording Information: as Instrument No. 284579, in Book 381, at Page 605  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 17, 2023, as Instrument No. 306668, in Book 402, at Page 323, 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 June 1, 2022, 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 $210,571.42, interest in the sum of $7,184.19, escrow advances of $1,970.09, other amounts due and payable in the amount of $242.30 for a total amount owing of $219,968.00, 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 20th 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. MT21573 PUBLISHED IN The Western News August 4, 11 & 18, 2023. MNAXLP

Kelly R. O’Brien MEASURE LAW, P.C. 128 2nd Street East P.O. Box 918 Kalispell, Montana 59903 Phone: (406) 752-6373 Fax:     (406) 752-7168 Attorneys for Estate of Theodore T. Johnson MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF THEODORE T. JOHNSON, Deceased. No. DP-23-102 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that SUSAN JOHNSON has been appointed as Personal Representative of the above-named estate, and that the address of the Personal Representative is set forth below.  All persons or creditors having claims against the decedent 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. A written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, may be filed with the Clerk of the District Court, at Libby, Lincoln County, Montana, and mailed, Return Receipt Requested, to SUSAN JOHNSON, Personal Representative, c/o Measure Law, P.C., Attorneys for the Estate of Theodore T. Johnson, at P.O. Box 918, Kalispell, MT  59903. DATED:   June 27, 2023 /s/ SUSAN JOHNSON Personal Representative Estate of Theodore T. Johnson, Deceased. MEASURE LAW, P.C. By: Kelly R. O’Brien Attorneys for Estate of Theodore T. Johnson PUBLISHED IN The Western News August 4, 11 & 18, 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 14, 2023. All bids will be opened at the 7:00 City Council meeting on August 14, 2023.   Bidders may call the public works department at 406-334-7484 for more information or email dpwtroy@troymt.net.    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 11, 2023. MNAXLP

Kelly R. O’Brien MEASURE LAW, P.C. 128 2nd Street East P.O. Box 918 Kalispell, Montana 59903 Phone: (406) 752-6373 Fax:     (406) 752-7168 Attorneys for Estate of Rickey Swartzfager MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF: RICKEY SWARTZFAGER, Deceased. No. DP-23-93 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that PAMELA LEE MOORE has been appointed as Personal Representative of the above-named estate, and that the address of the Personal Representative is set forth below.  All persons or creditors having claims against the decedent 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. A written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, may be filed with the Clerk of the District Court, at Libby, Lincoln County, Montana, and mailed, Return Receipt Requested, to PAMELA LEE MOORE, Personal Representative, c/o Measure Law, P.C., Attorneys for the Estate of Rickey Swartzfager, at P.O. Box 918, Kalispell, MT  59903. DATED:   June 12, 2023 /s/ PAMELA LEE MOORE Personal Representative Estate of Rickey Swartzfager, Deceased. MEASURE LAW, P.C. By: /s/ Kelly R. O’Brien Attorneys for Estate of Rickey Swartzfager PUBLISHED IN The Western News August 11, 18 & 25, 2023. MNAXLP

CORRECTED 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 North Lincoln County Annex, 66121 MT Hwy 37, Eureka, 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 cbrown@libby.org prior to Friday, August 11, 2023, at 4:00 p.m. local time.  PUBLISHED IN The Western News August 11 & 15, 2023. MNAXLP

Notice of Public Hearing  The City of Libby  The City Council of the City of Libby has completed the preliminary budget for fiscal year 2024. A Public Hearing will be held on Monday, August 21stth, 2023 for all interested citizens of the City of Libby. The Public Hearing will be held in the Council Chambers at City Hall at 6:00 pm, to hear from any resident concerning the budget before it is finalized. The proposed budget has been placed on file and may be examined at City Hall, 952 E. Spruce St., weekdays 8:00 am to 4:30 pm.  By order of the Mayor and Council:  Leann Monigold  City Clerk/Treasurer 293-2731  PUBLISHED IN The Western News August 11 & 18, 2023. MNAXLP

Montana Nineteenth Judicial District Court Lincoln County In The Matter of the Name Change of Daniel Roland Benson, Petitioner Cause No. DV-23-126 Notice of Hearing on Name Change This is the notice that Petitioner has asked the District Court for a change of name from Daniel Roland Benson to Sarah Rai Benson. The hearing will be on September 20, 2023 at 11am. The hearing will be at the Courthouse in Lincoln County. Dated August 4, 2023. s/ Tricia Brooks Clerk of the District Court By: s/ Amanda Eckart Deputy Clerk of Court Published In The Western News August 11, 18, 25 and September 1, 2023. MNAXLP