Legals for October, 4 2024
NOTICE OF PUBLIC HEARING City of Libby NOTICE IS HEREBY GIVEN that the City Council of the City of Libby, Montana, has proposed to amend the fiscal year 2023-2024 budget to account for unanticipated expenditures. The Public Hearing will be held on Monday October 7, 2024, as part of the Regular Council meeting at 7 p.m. in Council Chambers (952 E. Spruce St.), to solicit public comments concerning the amended budget before final approval. Comments may be given orally at the hearing or submitted in writing before 5:00 PM MDT September 3, 2024, to the City Clerk/Treasurer of the City of Libby. After hearing comments, the City Council will review and make the necessary changes, if needed, to pass Resolution 2044 during the Regular City Council meeting. By order of the Mayor and City Council: Leann Monigold City Clerk/Treasurer 293-2731 PUBLISHED IN The Western News September 27 & October 4, 2024. MNAXLP
PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP AND LOCATION OF Montana Retail On-Premises Consumption Beer and Wine License CABINET MOUNTAIN BREWING COMPANY LLC (Kristin Smith and Sarah Sorensen, Owner(s)) has applied to transfer Montana Retail On-Premises Consumption Beer and Wine License No. 56-923-4314-301 to be operated at CABINET MOUNTAIN BREWING COMPANY, 206 Mineral Ave, Libby, 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 56-923-4314-301 and the applicant’s name CABINET MOUNTAIN BREWING COMPANY 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 14, 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 Libby. 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 27 & October 4, 2024. MNAXLP
KATIE KUHR BOSCH, KUHR, DUGDALE & BROWN, PLLP P.O. Box 7152 Havre, MT 59501 Telephone: (406)265-6706 Attorneys for Personal Representative MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY In the Matter of the Estate of MAURICE L. ANDERSON, Deceased. Probate No. DP-27-2024-0000079 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 said deceased 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 the Personal Representative, return receipt requested, at Box 7152, Havre, Montana 59501, or filed with the Clerk of the above Court. DATED this 24th day of September 2024. /s/ Patricia L. Hanson Patricia L. Hanson Personal Representative PUBLISHED IN The Western News September 27, October 4 & 11, 2024. MNAXLP
C. Mark Hash Hash, Rudbach, Hutchison & Murray, PLLP Attorneys at Law 136 1st Ave. West Kalispell, MT 59903-1178 (406) 755-6919 cmhash@hashlaw.com Attorneys for Personal Representative MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY In The Matter of The Estate of: Lorne Dale Hutton, Deceased. Cause No. DP-24-80 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 said deceased 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 be either mailed to the personal representative, Joanne R. Burley, by certified mail, return receipt requested, c/o Hash, Rudbach, Hutchison & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178, or filed with the Clerk of the above-entitled Court. DATED this 25th day of September 2024. /s/ Joanne R. Burley Personal Representative Hash, Rudbach, Hutchison & Murray, PLLP By C. Mark Hash Attorneys for the personal representative PUBLISHED IN The Western News September 27, October 4 & 11, 2024. MNAXLP
Notice of Public Hearing The City of Libby will hold a Public Hearing on Monday, October 21st, 2024, in the Council Chambers of City Hall during the 7:00pm Council Meeting. The City Council will consider property owner request annexation and zoning for 1.38 acres located off Michigan Ave. across from the City Hall. All interested persons will be given the opportunity to make comments regarding this annexation. Comments may be given orally at the hearing or submitted in writing before 5:00pm MDT October 18th, 2024, to the City Administrator of the City of Libby. For information contact the City Administrator at 293-2731, city.admin@cityoflibby.com, or stop by City Hall at 952 E. Spruce St. PUBLISHED IN The Western News October 4 & 15, 2024. MNAXLP
NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on January 27, 2025, 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: A tract of land in the NW¼NE¼ of Section 13, Township 29 North, Range 31 West, P.M.M., Lincoln County, Montana, and described as follows: Beginning at a found 1” pipe which is the Southeast corner of the NW¼NE¼ of Section 13, as shown on Plat 2022, thence, along the South line of said NW¼NE¼ North 88°50’17” West 888.82 feet to a 5/8 inch rebar tagged MDL 4232-S located on the easterly right of way line of a 60.00 foot wide private road; thence leaving said South line and along said right of way line North 15°31’19” West 636.53 feet to a 5/8 inch rebar tagged MDL 4232-S thence leaving said right of way line North 87°30’12” East 371.70 feet to a 5/8 inch rebar tagged MDL 4232-S thence South 76°56’18” East 714.51 feet to a point located on the East line of the aforementioned NW¼NE¼; thence along said East line South 0°59’21” West 486.13 feet to the point of beginning. EXCEPTING from the above-described tract, a parcel located in the NW¼NE¼ of Section 13, Township 29 North, Range 31 West, P.M.M., Lincoln County, Montana and more particularly described as Parcel A on C.S. 695. More commonly known as 1390 Champion Haul Rd N, Libby, MT 59923-7640. Michelle Freese and Rodd Freese, as Grantors, conveyed said real property to First American Title Company, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for First Class Mortgage II, Inc., Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on April 15, 2021, and filed for record in the records of the County Clerk and Recorder in Lincoln County, State of Montana, on April 15, 2021 as Instrument No. 292530, in Book 389, at Page 124, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: NewRez LLC d/b/a Shellpoint Mortgage Servicing Assignment Dated: April 25, 2024 Assignment Recorded: April 25, 2024 Assignment Recording Information: as Instrument No. 310254, in Book 405, at Page 513 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 September 18, 2024, as Instrument No. 312248, in Book 407, at Page 290, 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 April 1, 2024, 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 $278,479.47, interest in the sum of $4,670.33, and other amounts due and payable in the amount of $5,940.79 for a total amount owing of $289,090.59, 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 September 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. MT22411 PUBLISHED IN The Western News October 4, 11 & 18, 2024. MNAXLP
Justin D. Hoskins (MT Bar License No. 13775) Ben M. D’Alton (MT Bar License No. 14131) CROWLEY FLECK PLLP P.O. Box 2429 Billings, MT 59103-2529 490 North 31st Street, Suite 500 Billings, MT 59101 406-252-3441 Attorneys for the Personal Representative of the Estate of Rochelle M. Hartman, Deceased. MONTANA NINETEENTH JUDICIAL DISTRICT LINCOLLN COUNTY In the Matter of the Estate of ROCHELLE M. HARTMAN, Deceased. Probate No DP-24-85 Judge Matthew J. Cuffe NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed as the Personal Representative of the above-named Estate of Rochelle M. Hartman, deceased (the “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 Lee Barlau, as Personal Representative of the Estate, return receipt requested, at c/o Crowley Fleck, PLLP, 490 North 31st Street, Suite 500, Billings, MT 59101, or filed with the Clerk of the above-entitled Court. Dated this 30 day of September, 2024. /s/ Lee Barlau, Personal Representative of the Estate of Rochelle M. Hartman, deceased. PUBLISHED IN The Western News October 4, 11 & 18, 2024. MNAXLP