Wednesday, June 12, 2024

Legals for February, 3 2023

| February 3, 2023 12:00 AM

35-22 / 1077166 NOTICE OF TRUSTEE’S SALE TO BE SOLD FOR CASH AT TRUSTEE’S SALE on May 31, 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 1 and 2, Block 20, South Libby Addition No. 1, according to the map or plat thereof on file in the office of the Clerk and Recorder of Lincoln County, Montana. Commonly known as: 1408 Montana Avenue, Libby, MT 59923 Randall J. Kohler and Betty Jean Kohler, as Grantor(s), conveyed said real property to Lincoln County Title Company, as Trustee, to secure an obligation owed to Elizabeth G. Wagner and Michael A. Wilson, as Beneficiary, by Montana Trust Indenture dated December 01, 2017, and recorded January 08, 2018, as Document No.  272256. The Beneficial interest is currently held by Elizabeth G. Wagner and Michael A. Wilson. Flying S Title & 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. Randall J. Kohler and Betty Jean Kohler have defaulted in the performance of said Montana Trust Indenture by failing to pay the entire unpaid principal balance together with accrued interest and other charges due and payable in full on or before December 1, 2022, which monthly installments would have been applied on the principal and interest due on said obligation, and other charges against the property or loan. As of January 17, 2023 there is due and owing on the loan an unpaid principal balance of $51,639.48, accrued interest in the amount of $483.85 plus late fees in the amount of $50.00, for a total amount due of $52,173.33. Interest accrues on the Note at the rate of 6% per annum with a per diem rate of $8.49 after January 17, 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: January 13, 2023 By: /s/ Rae Albert, Assistant Secretary for FLYING S TITLE & 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 January 13, 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 & 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/ Shannon Gavin Notary Public of Idaho Residing at: Blackfoot, Idaho Commission Expires: 01-19-2024 PUBLISHED In The Western News February 3, 10, & 17, 2023. MNAXLP