Legals for July, 5 2024
PUBLIC HEARING TROY RURAL FIRE DISTRICT ANNEXATION Petitions for annexation were submitted to the Lincoln County Clerk and Recorder on May 24, 2024, by the Troy Rural Fire District. Pursuant to MCA 7-33-2125, the County Commission is mandated to schedule a public hearing on the petition, which must occur no less than 4 weeks after the presentation date, on June 5, 2024. Pursuant to MCA 7-33-2125(2) states, “On the date set for the hearing, the board of county commissioners shall consider the petition and any objections to the annexation. The board shall approve the annexation unless a protest petition signed by at least 40% of the owners of real property in the area proposed for annexation and owners of property representing 40% or more of the taxable value of the property in the area proposed for annexation is presented at the hearing, in which case the annexation must be disapproved”. NOTICE IS HEREBY GIVEN that a public hearing will be held by the Lincoln County Board of Commissioners on July 10, 2024, at 11:30 A.M. in the Lincoln County Courthouse, located at 512 California Ave, Libby Montana to hear protests and public comments relating to the proposed annexation of ten lots within the Cedar Glen Estates subdivisions. For additional information, including a map of the proposed annexation area, please contact Clerk & Recorder Corrina Brown at lcclerk@libby.org (406) 283-2306 or see posts on the courthouse bulletin boards, or visit www.lincolncountymt.us under Public Notices. PUBLISHED IN The Western News June 25 & July 5, 2024. MNAXLP
NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on November 6, 2024, at 11:00 AM outside the North doorsteps 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: Lots 3C of Block A, Johnston’s Acre Tracts, as described on Plat #352, records of the Clerk and Recorder of Lincoln County, Montana. More commonly known as 113 W Poplar St, Libby, MT 59923. David R. James, as Grantor, conveyed said real property to Attorneys Title Guaranty Fund, Inc., as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Mortgage Research Center, LLC dba Veterans United Home Loans, Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on May 13, 2022, and filed for record in the records of the County Clerk and Recorder in Lincoln County, State of Montana, on May 13, 2022 as Instrument No. 300683, in Book 396, at Page 818, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Freedom Mortgage Corporation Assignment Dated: May 9, 2023 Assignment Recorded: May 9, 2023 Assignment Recording Information: as Instrument No. 305713, in Book 401, at Page 448, 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 May 29, 2024 as Instrument No. 310700, in Book 405 Records, at Page 909, 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 February 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 $217,894.53, interest in the sum of $14,534.44, escrow advances of $4,528.42, and other amounts due and payable in the amount of $1,123.06 for a total amount owing of $238,080.45, 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. The 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 for 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 12th day of June 2024. 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. MT22195 PUBLISHED IN The Western News June 28, July 5 & 12, 2024. MNAXLP
Lincoln County is initiating a Request for Proposals (“RFP”) to solicit sealed proposals from qualified professional firms to provide all labor, equipment, materials, and civil work required to design, procure, install and successfully operate radio and antenna equipment connecting three (3) existing radio sites within Lincoln County. The RFP documents are available by contacting Undersheriff Brent Faulkner, Lincoln County Sheriff’s Office, 512 California Avenue, Libby, MT 59923, (406) 293-4112 ext. 1231, bfaulkner@lcsomt.us. Proposals must be received not later than July 29, 2024 at 5:00 p.m. MDT. PUBLISHED IN The Western News June 28 & July 5, 2024. MNAXLP
Charlotte Baker 246 West Larch Street Libby, MT 59923 406-293-8293 MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY In The Matter of the Estate of GELA RAE KOEHLER, Deceased. Cause No. DP-24-55 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must be mailed to Charlotte Baker Personal Representative by certified mail, return receipt requested, or filled with the Clerk of the above-entitled Court. DATED June 25, 2024 s/ Charlotte Baker Personal Representative PUBLISHED IN The Western News June 28, July 5 & 8, 2024. MNAXLP
Lincoln County Transportation Committee will meet to vote on transportation resolutions for the 2024-2025 school year. The public is invited to attend on Thursday July 18, 2024, at 11:00am in the conference room in the Lincoln County Courthouse. PUBLISHED IN The Western News July 2, 5, 9, & 12, 2024. MNAXLP
NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on November 12, 2024, at 02:00 PM outside the North doorsteps of the County Courthouse, 512 California Avenue, Libby, MT 59923, the following described real property situated in Lincoln County, State of Montana: The land referred to herein below is situated in the County of Lincoln, State of Montana, as is described as follows: A plot of land on the Northeast side of U.S. Highway #2 part lying in Eagle Placer Claim and part in White Horse Placer Claim, also known as White House Placer Claim, in Section 22, Township 32 North, Range 34 West M.P.M., and mere particularly described as follows: This Plot hereafter will be called Lot #10. Starting at a point a punch mark in a 5/8” iron rod previously set as the Northwest corner of Lot 11 and the Southwest corner of Lot 10; thence North 57° 09’ East 155.36 feet to the intersection of the line between the Eagle Placer Claim No. 7210 and the White Horse Placer Claim, also known as White House Placer Claim No. 7208; thence North 57° 09’ East 240.64 feet to the Southeast corner previously set as Northeast corner of Lot 11 and Southeast corner of Lot 10; thence North 32° 51’ West 198 feet to a 3/4 inch pipe set; thence South 57° 09’ West 406 feet to the Northwest corner set a 2”X18” pipe plugged with a tack; thence South 32° 51’ East 97.7 feet to the intersection of the line between White Horse Placer Claim, also known as White House Placer Claim, and Eagle Placer Claim; thence South 32° 51’ East 100.3 feet to the point of beginning. More commonly known as 43 Star Rd, Troy, MT 59935. Billy D. Fenimore, as Grantor, conveyed said real property to Advantage Title, LLC, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for United Trust Bank, Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on August 23, 2022, and filed for record in the records of the County Clerk and Recorder in Lincoln County, State of Montana, on August 29, 2022 as Instrument No. 302438, in Book 398, at Page 448, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Flagstar Bank, N.A. Assignment Dated: October 10, 2023 Assignment Recorded: October 11, 2023 Assignment Recording Information: as Instrument No. 307858, in Book 403, at Page 426 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 June 18, 2024, as Instrument No. 310992, in Book 406, at Page 170, 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 July 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 $491,031.24, interest in the sum of $27,686.08, escrow advances of $4,843.79, other amounts due and payable in the amount of $1,807.92 for a total amount owing of $525,369.03, 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 26th day of June, 2024. 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. MT21917 PUBLISHED IN The Western News July 5, 12 & 19, 2024. MNAXLP
Michelle R. Finch Mary Kate Moss Timothy J. Shaffer Gravis Law, PLLC 1830 3rd Ave. E., Ste. 302 Kalispell, MT 59901 Telephone: (406) 451-7248 Facsimile: (866) 419-9269 mfinch@gravislaw.com Attorneys for Personal Representative MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY In the matter of the Estate of CHRISTL KERN WIESNETH, Deceased. Cause No. DP-2023-79 NOTICE TO CREDITORS (§§72-3-212 and 72-3-215, MCA) NOTICE IS HEREBY GIVEN that Sandra Morgan has been appointed personal representative of the above-named decedent. All persons having claims against the decedent or the decedent’s estate 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 presented to the undersigned at the address indicated or filed with the Clerk of the Court. DATED this 2nd day of July, 2024. Sandra Morgan, Personal Representative c/o Gravis Law, PLLC 1830 3rd Ave. E., Ste. 302 Kalispell, MT 59901 PUBLISHED IN The Western News July 5, 12, & 19, 2024. MNAXLP
DEPARTMENT OF PUBLIC SERVICE REGULATION BEFORE THE PUBLIC SERVICE COMMISSION OF THE STATE OF MONTANA In re Commnet Wireless LLC’s Application for Conditional Relinquishment of Eligible Telecommunications Carrier Designation Docket 2024.05.054 July 1, 2024 Notice of Application and Intervention Deadline 1. On May 17, 2024, Commnet Wireless, LLC (“Commnet”) filed with the Montana Public Service Commission (“Commission”) an application requesting approval to relinquish its eligible telecommunications carrier (“ETC”) status for certain census blocks in Lincoln County, Montana. 2. Commnet’s request for relinquishment is conditioned on (1) the Federal Communications Commission’s approval of the April 30, 2024, joint Application of Commnet and Inland Cellular LLC (“Inland”) for Consent to Assignment of Domestic Section 214 Authorization (FCC Proceeding WC 24-134); and (2) the Commission’s approval of Inland’s June 3, 2024, Montana ETC Application (Dkt. 2024.06.062). 3. A copy of Commnet’s filing is publicly available at the Commission’s business office, 1701 Prospect Avenue, Helena, MT 59601, and online at the Commission’s website (psc.mt.gov) under Docket No. 2024.05.054. A copy of the filing may also be available at the office of the Montana Consumer Counsel (“MCC”), which represents consumer interests before the Commission, 111 North Last Chance Gulch, Suite 1B, Helena, MT 59601, (406) 444-2771. Interested parties can register on the Commission’s website to receive notice of filings in this docket. Instructions for subscribing to notices of filings are available at psc.mt.gov/reddi-help. 2024.05.054 Notice of Application and Intervention Deadline 2 4. The Commission invites any interested party affected by Commnet’s filing to intervene in this docket. To intervene, a party must file a petition to intervene with the Commission no later than July 17, 2024. A party seeking intervention must file an electronic petition on the Commission’s website at reddi.mt.gov. All filings must be made in REDDI and hard copies are not required. A party seeking intervention must also mail a copy of the petition to MCC at P.O. Box 201703, Helena, MT 59620, and to Commnet’s attorneys, D. Wiley Barker and Madison Tyson, Crowley Fleck, PLLP, 900 North Last Chance Gulch, Ste. 200, Helena, MT 59601. 5. The Commission invites members of the public who do not wish to formally intervene to submit written public comments on the matter to the Commission at 1701 Prospect Avenue, P.O. Box 202601, Helena, MT 59620, or by email to pschelp@mt.gov. Public comment may also be submitted in REDDI. Instructions for submitting public comments in REDDI are available at psc.mt.gov/reddi-help (select “Submit a Public Comment”). All comments received will be public records. Personal or private information should not be included in comments. 6. The Commission’s jurisdiction over this matter is provided in Title 69 and Title 2, Chapter 4 of the Montana Code Annotated; Title 38, Chapters 2 and 5 of the Montana Administrative Rules; and any prior orders of the Commission relevant to the issues presented. DONE and DATED July 1, 2024, by the Montana Public Service Commission through delegation to staff. JAMES BROWN, President JENNIFER FIELDER, Vice President TONY O’DONNELL, Commissioner RANDALL PINOCCI, Commissioner DR. ANNIE BUKACEK, Commissioner PUBLISHED IN The Western News July 5th, 2024. MNAXLP
DEPARTMENT OF PUBLIC SERVICE REGULATION BEFORE THE PUBLIC SERVICE COMMISSION OF THE STATE OF MONTANA In re Inland Cellular LLC’s Application for Designation as an Eligible Telecommunications Carrier Docket 2024.06.062 July 1, 2024 Notice of Application and Intervention Deadline 1. On June 6, 2024, Inland Cellular LLC (“Inland”) filed an Application for Designation as an Eligible Telecommunications Carrier (“ETC”) with the Montana Public Service Commission (“Commission”) pursuant to 47 U.S.C. § 214(e)(2), 47 C.F.R. §§ 54.101-54.207, and Montana law, including Mont. Code Ann. § 69-3-840. 2. Inland, a rural wireless cellular and broadband carrier, seeks designation as a facilities-based ETC to serve 80 Designated Census Blocks (“Blocks”) in Lincoln County, Montana. The Blocks are currently included in the ETC service area of Commnet Wireless, LLC (“Commnet”). See In re Commnet’s Pet. for Designation as an ETC, Dkt. 2021.03.030, Final Order 7777a (June 1, 2021). Inland and Commnet have entered into an Assignment and Assumption of Agreement regarding the Blocks. See In re Commnet Wireless LLC’s Appl. for Conditional Relinquishment of ETC Designation, Dkt. 2024.05.054, Appl. ¶ 5 (May 17, 2024). Inland seeks ETC status to receive federal and state high cost universal service support, and it intends to provide Lifeline services. 3. A copy of the filing is publicly available at the Commission’s business office, 1701 Prospect Avenue, Helena, MT 59601, and online at the Commission’s website (psc.mt.gov) under Docket No. 2024.06.062. A copy of the filing may also be available at the office of the Montana Consumer Counsel (“MCC”), which represents consumer interests before the Commission, 111 North Last Chance Gulch, Suite 1B, Helena, MT 59601, (406) 444-2771. Interested parties can register on the 2024.06.062 Notice of Application and Intervention Deadline 2 Commission’s website to receive notice of filings in this docket. Instructions for subscribing to notices of filings are available at psc.mt.gov/reddi-help. 4. The Commission invites any interested party affected by Inland’s filing to intervene in this docket. To intervene, a party must file a petition to intervene with the Commission no later than July 17, 2024. A party seeking intervention must file an electronic petition on the Commission’s website at reddi.mt.gov. All filings must be made in REDDI and hard copies are not required. A party seeking intervention must also mail a copy of the petition to MCC at P.O. Box 201703, Helena, MT 59620, and to Inland’s attorneys, D. Wiley Barker and Madison Tyson, Crowley Fleck, PLLP, 900 North Last Chance Gulch, Ste. 200, Helena, MT 59601. 5. The Commission invites members of the public who do not wish to formally intervene to submit written public comments on the matter to the Commission at 1701 Prospect Avenue, P.O. Box 202601, Helena, MT 59620, or by email to pschelp@mt.gov. Public comment may also be submitted in REDDI. Instructions for submitting public comments in REDDI are available at psc.mt.gov/reddi-help (select “Submit a Public Comment”). All comments received will be public records. Personal or private information should not be included in comments. 6. The Commission’s jurisdiction over this matter is provided in Title 69 and Title 2, Chapter 4 of the Montana Code Annotated; Title 38, Chapters 2 and 5 of the Montana Administrative Rules; and any prior orders of the Commission relevant to the issues presented. DONE and DATED July 1, 2024, by the Montana Public Service Commission through delegation to staff. JAMES BROWN, President JENNIFER FIELDER, Vice President TONY O’DONNELL, Commissioner RANDALL PINOCCI, Commissioner DR. ANNIE BUKACEK, Commissioner PUBLISHED IN The Western News July 5, 2025. MNAXLP
PUBLIC OPPORTUNITY TO PROTEST ISSUANCE OF ONE NEW Montana All-Alcoholic Beverages with Catering Endorsement License EUREKA GAMING LLC (Micheal Medlin, Marco Forcone, and Paul Reder , Owner(s)) has applied for one new Montana All-Alcoholic Beverages with Catering Endorsement License No. 56-999-4363-002 to be operated at EUREKA GOLD CASINO, 17 Arena Ln, Eureka, Lincoln County. 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 56-999-4363-002 and the applicant’s name EUREKA GAMING 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 August 5, 2024. 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 July 5, 12, 19, & 26, 2024. MNAXLP