Legals for September, 22 2023
John B. Dudis DUDIS LAW, PC 221 First Avenue East Kalispell, MT 59901 Telephone: 406-314-4103 Mail to: P.O. Box 518 Columbia Falls, MT 59912 Telephone: 406-892-2529 Email: john@dudislawpc.com Attorney for Estate of onald R. Lundeen MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY In Re the Estate of DONALD R. LUNDEEN, Deceased. Cause No. DP-23-18 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 Decedent 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 either be mailed to Jack E. Nelson, the Personal Representative, return receipt requested, in care of John B. Dudis, Dudis Law, P.C., P.O. Box 518, Columbia Falls, MT 59912, or filed with the Clerk of the above Court. DATED this 27th day of January, 2023. /s/ Jack E. Nelson, Personal Representative c/o Dudis Law, P.C. P. O. Box 518 Columbia Falls, MT 59912 PUBLISHED IN The Western News September 15, 22 & 29, 2023. MNAXLP
PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF LOCATION OF Montana Retail On-Premises Consumption Beer and Wine License FIRE & SLICE LLC (Mikhail Volsky and Kathryn Volsky , Owner(s)) have applied to transfer Montana Retail On-Premises Consumption Beer and Wine License No. 56-917-4303-301 4 CORNERS GRILL from 66161 MT-37, Eureka, MT 59917 to 45 Front Street, Eureka MT 59917. 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 56-917-4303-301 and the applicant’s name FIRE & SLICE LLC; (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 October 2, 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 Eureka. 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 leg.mt.gov/bills/mca_toc/. Questions may be directed to Breanna Gill, Compliance Specialist for the Department of Revenue’s Alcoholic Beverage Control Division, at 444-0710 or Breanna.Gill@mt.gov. PUBLISHED IN The Western News September 15 & 22, 2023.
PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF LOCATION OF Montana All-Alcoholic Beverages License FIRE & SLICE LLC (Mikhail Volsky and Kathryn Volsky , Owner(s)) have applied to transfer Montana All- Alcoholic Beverages License No. 56-917-4447-001 93 CASINO AND LIQUOR from 45 Front Street, Eureka MT 59917 to 66161 MT-37, Eureka, MT 59917. 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 56-917-4447-001 and the applicant’s name FIRE & SLICE LLC; (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 October 2, 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 Eureka. 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 leg.mt.gov/bills/mca_toc/. Questions may be directed to Breanna Gill, Compliance Specialist for the Department of Revenue’s Alcoholic Beverage Control Division, at 444-0710 or Breanna.Gill@mt.gov. PUBLISHED IN The Western News September 15 & 22, 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 David Lee Chapel MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF: DAVID LEE CHAPEL, Deceased. No. DP-23-120 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that MATTHEW CHAPEL 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 MATTHEW CHAPEL, Personal Representative, c/o Measure Law, P.C., Attorneys for the Estate of David Lee Chapel, at P.O. Box 918, Kalispell, MT 59903. DATED: June 6, 2023 /s/ MATTHEW CHAPEL Personal Representative Estate of David Lee Chapel, Deceased. MEASURE LAW, P.C. By: /s/ Kelly R. O’Brien Attorneys for Estate of David Lee Chapel PUBLISHED IN The Western News September 15, 22 & 29, 2023. MNAXLP
Paul A. Sandry Johnson, Berg & Saxby, PLLP 221 First Avenue East PO Box 3038 Kalispell, Montana 59903-3038 Telephone: (406) 755-5535 Facsimile: (406) 756-9436 Email: psandry@jbsattorneys.com Attorneys for Personal Representative MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF WILLIAM H. DOUGLAS, JR., Deceased. Cause No.: DP-23-125 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that Amber Barone has been appointed Personal Representative of the above-named Decedent. 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 Amber Barone, the Personal Representative, return receipt requested, c/o Johnson, Berg & Saxby, PLLP, PO Box 3038, Kalispell, MT 59903-3038, or filed with the Clerk of the above-entitled Court. DATED this 13th day of September, 2023. JOHNSON, BERG & SAXBY, PLLP /s/ Paul A. Sandry Paul A. Sandry Attorneys for Personal Representative PO Box 3038 Kalispell, Montana 59903-3038 PUBLISHED IN The Western News September 15, 22 & 29, 2023. MNAXLP
NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on January 16, 2024, 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: Lot 7, Block 1, Hills addition to south libby, according to the plat thereof on file in the office of the Clerk and recorder of Lincoln County, Montana. More commonly known as 1523 Dakota Ave, Libby, MT 59923. Robert R. Salter, as Grantor, conveyed said real property to ServiceLink LLC, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Ditech Financial LLC, Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on August 30, 2019, and filed for record in the records of the County Clerk and Recorder in Lincoln County, State of Montana, on September 11, 2019 as Instrument No. 281585, in Book 378, at Page 883, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: NewRez LLC d/b/a Shellpoint Mortgage Servicing Assignment Dated: June 21, 2023 Assignment Recorded: June 21, 2023 Assignment Recording Information: as Instrument No. 306287, in Book 401, at Page 974 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 August 22, 2023, as Instrument No. 307163, in Book 402, at Page 771, 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 March 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 $40,810.60, interest in the sum of $709.45, and other amounts due and payable in the amount of $512.38 for a total amount owing of $42,032.43, 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 29th day of August, 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. MT21700 PUBLISHED IN The Western News September 15, 22 & 29, 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 for or against the request from the Board of Directors of the Troy TV District to amend the fee schedule from $15.00 per year to $25.00 per year. If adopted the fee will be effective November 30, 2023. The public hearing will be held on Wednesday, October 4, 2023 at 11:00 AM in Room 108 of the Lincoln county Courthouse, 512 California Ave Libby, MT 59923. Written comments, or protests should be sent to the Lincoln County Clerk and Recorder’s Office, 512 California Ave. Libby, MT 59923, or email lcclerk@libby.org prior to Monday October 2, 2023 at 8:00 am local time. PUBLISHED IN The Western News September 22 & 29, 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 Carrie Sue Murphy Fauth MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN THE MATTER OF THE ESTATE OF: CARRIE SUE MURPHY FAUTH No. DP-23-123 NOTICE TO CREDITORS Deceased. NOTICE IS HEREBY GIVEN that ANDREW LYONS 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 ANDREW LYONS, Personal Representative, c/o Measure Law, P.C., Attorneys for the Estate of Carrie Sue Murphy Fauth, at P.O. Box 918, Kalispell, MT 59903. DATED: August 29, 2023 /s/ ANDREW LYONS Personal Representative Estate of Carrie Sue Murphy Fauth, Deceased. MEASURE LAW, P.C. By: /s/ Kelly R. O’Brien Attorneys for Estate of Carrie Sue Murphy Fauth PUBLISHED IN The Western News September 22, 29 & October 6, 2023. MNAXLP
Montana Nineteenth Judicial District Court Lincoln County In The Matter Of The Name Change Of Melissa Harrington: Melissa Harrington, Petitioner Cause No. DV-23-162 Notice Of Hearing On Name Change This is notice that Petitioner has asked the District Court for a change of name from Melissa Lauren Harrington to Melissa Lauren Garrett. The hearing will be November 6, 2023 at 11:00am. The hearing will be at the Courthouse in Lincoln County. Dated September 11, 2023. s/s TRICIA BROOKS Clerk Of The District Court By: s/Miranda Phoenix Deputy Clerk of Court PUBLISHED IN The Western News September 22, 29, October 6 & 13, 2023. MNAXLP
REQUEST FOR PROPOSALS PROJECT MANAGEMENT SERVICES The City of Libby has been given a federal Community Development Block Grant (CDBG), Montana Coal Endowment Program Grant (MCEP) and Renewable Resource Grant (RRG) by the Montana Department of Commerce (DOC) and Montana Department of Natural Resources, respectively, for design and construction of a new control system for the wastewater treatment plant and to replace several sections of sewer mains. The City of Libby is soliciting proposals for project management services to assist the City in the administration of this project in compliance with all applicable requirements under the Montana CDBG, MCEP and RRG Programs as described in the current edition of the each program Grant Administration Manual. Payment terms will be negotiated with the selected offeror. The fee for project management services will be paid with funds from the two programs. Project management services will be coordinated with the City and Grant Administrator. Primary duties of the Project Manager are summarized below: 1.Preparing all written reports, checklists, or legal notices required to assure compliance with federal and state environmental requirements; 2.Drafting a management plan and contract for review and approval by the DOC; 3.Establishing and maintaining project files and preparing all documentation and reports required for administration of the grant; 4.Assist the City in administration of the Engineering Agreements, review engineering plans, contractor selection, construction administration and completion. 5. Assist the City Attorney in preparation of a Site Title Opinion by identifying and procuring necessary documentation. 6.Review all proposed project expenditures to ensure their propriety and proper allocation to the project budget; 7.Monitor expenditures and budgeted services of the Engineer and Contractor. 8.Participating in the pre-construction conference and periodic construction progress meetings; 9.Serve as the City of Libby’s designated Labor Standards Officer and assuring compliance with all applicable labor standards requirements; 10.Assuring compliance with all applicable civil rights requirements; 11.Attending City Council meetings, as needed or requested, to provide project status reports and representing the project at any other public meetings deemed necessary; and 12.Preparing all required performance reports and closeout documents and assisting the City with the determination of applicable audit requirements. The services will not include the disbursement or accounting of funds distributed by City’s, legal advice, fiscal audits, or assistance with activities not related to the project. Responses should include: 1.the firm’s legal name, address, and telephone number; 2.the principal(s) of the firm and their experience and qualifications; 3.the experience and qualifications of the staff to be assigned to the project 4.a description of firm’s prior experience, including any similar projects, particularly those with multiple funding sources, similar size of the community, location, total construction cost, and name of local official knowledgeable regarding the firm’s performance. Include at least three references; 5.a description of the firm’s current work activities, how these would be coordinated with the project, and the firm’s anticipated availability during the term of the project; and Respondents will be evaluated according to the following factors: A. Quality of the Proposal % B. Consultant Qualifications and Experience % (including reference checks) C. Availability and Capacity of the Consultant % The City may interview respondents. The City may award without interviews to the most qualified offeror whose proposal is deemed most advantageous to the City of Libby, all factors considered. Unsuccessful offerors will be notified in writing as soon as possible. Questions and responses should be directed to Peggy Williams, Mayor 935 E. Spruce, Libby, Montana, 59923, 406-283-1710. All responses must be postmarked no later than October 6, 2023. Please state “Project Management Services Proposal” on the outside of the response package. Respondents may review the CDBG and MCEP applications which includes a description of the proposed project including activities, budget, schedule, and other pertinent information by visiting the City of Libby offices during regular office hours. A copy of the applications are also available for review at the offices of the Community Development Division, Montana Department of Commerce, 301 S. Park Avenue, P.O. Box 200523, Helena MT 59620-0523. This solicitation is being offered in accordance with federal and state requirements governing procurement of professional services. Accordingly, the City of Libby reserves the right to negotiate an agreement based on fair and reasonable compensation for the scope of work and services proposed, as well as the right to reject any and all responses deemed unqualified, unsatisfactory or inappropriate. By: _______________________ Peggy Williams, Mayor PUBLISHED IN The Western News September 22 & 29, 2023. MNAXLP