Legals for August, 18 2023
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
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
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
NOTICE OF PRELIMINARY BUDGET HEARING FOR FISCAL YEAR 23/24 AND AMENDMENTS TO FISCAL YEAR 22/23 BUDGET YEAR The Troy City Council will hold a Public Hearing for their Preliminary Budget for Fiscal Year 2023/2024 and to amend the fiscal year budget 2022/2023, August 28, 2023 at 6:00 pm at the Troy City Council Chambers, 301 E Kootenai Avenue, Troy, Montana. The preliminary budget for FY 2023/2024 and the amendment for the FY 22/23 budget, will be placed on file and may be examined at Troy City Hall after August 16, 2023 between the hours of 9:00 am and 4:00 pm. Any taxpayer or resident may appear at said hearing and be heard for or against any part of the proposed budget and amendments to previous budgets The City of Troy will hold a final Budget meeting on August 28, 2023 immediately following the Preliminary Budget Hearing, at the Troy Council Chambers at 301 E Kootenai Avenue, Troy, Montana. The purpose of this meeting will be to approve the final budget and make appropriations. For further information contact Tracy Rebo, City Clerk at 406-295-4151. Dated this 15th day of August, 2023 /s/ Tracy Rebo, City Clerk PUBLISHED In The Western News August 18 & 25, 2023. MNAXLP