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Legals October 5, 2018
NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on January 29, 2019, 09:00 AM at the main entrance of the Lincoln County District Courthouse located at 512 California Avenue, Libby, Montana 59923, the following described real property situated in Lincoln County, State of Montana: Lot 4 & 5, Block 7 of Kootenai Vista Annex, according to the Map or Plat thereof on file in the office of the Clerk and Recorder, Lincoln County, Montana. More commonly known as 110 Piney Road, aka 130 and 146 Piney Road, Troy, MT 59935-9744. Julie Hartung and Ronnie Hartung, as Grantors, conveyed said real property to First American Title Company, as Trustee, to secure an obligation owed to Option One Mortgage Corporation, a California Corporation, by Deed of Trust on September 13, 2004, and filed for record in the records of the County Clerk and Recorder in Lincoln County, State of Montana, on September 20, 2004 as Instrument No. 179346, in Book 291, at Page 697, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Wells Fargo Bank, N.A., as Trustee for Securitized Asset Backed Receivables LLC Trust 2005-OP1, Mortgage Pass-Through Certificates, Series 2005-OP1 Assignment Dated: December 3, 2012 Assignment Recorded: December 28, 2012 Assignment Recording Information: as Instrument No. 242774, in Book 345, at Page 794, All in the records of the County Clerk and Recorder for Lincoln County, Montana Benjamin J. Mann 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 March 16, 2018 as Instrument No. 273319, in Book 371, at Page 402, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to Grantor's failure to make monthly payments beginning June 1, 2017, 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 $106,054.43, interest in the sum of $4,480.86, escrow advances of $4,048.52, other amounts due and payable in the amount of $58,367.94 for a total amount owing of $172,951.75, 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 11th day of September, 2018. Benjamin J. Mann, Substitute Trustee 376 East 400 South, Suite 300, Salt Lake City, UT 84111 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. 51611 Published In The Western News September 21, 28, October 5, 2018 MNAXLP
Legals November 26, 2019
Benjamin J Mann, 33833674 Brian J. Porter, 52567750 Halliday, Watkins & Mann, P.C. 376 East 400 South, Suite 300 Salt Lake City, Utah 84111 Phone: (804)355-2886 Facsimile: (801)328-9714 brian@HWNLawFirm.com HWM File 49494 MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A., Indenture Trustee for Residential Asset Mortgage Products, Inc., GMACM Mortgage Loan Trust 2004-GH1 Plaintiff, v. Michael McCully; Roxanne McCully; Capital One Bank (USA), N.A.; Cavalry Portfolio Services, LLC, as Assignee of Cavalry Investments, LLC/Chase Bank USA, N.A./Washington Mutual Bank; Citibank N.A.; Collection Bureau Services, Inc.; and any person in possession Defendants. Cause No. DV-19-154 SUMMONS FOR PUBLICATION THE STATE OF MONTANA , TO MICHAEL MCCULLY: YOU ARE HEREBY SUMMONED to answer the Complaint in this action, which is filed in the above entitled Court. A copy of same is served upon you. You must file your written answer with the above entitled Court and serve a copy upon the Plaintiff, or Plaintiff's attorney within thirty days after the last day this Summons is published, exclusive of the last day of publication. FAILURE TO APPEAR AND ANSWER will allow judgement to be taken against you by default, for the relief demanded in the Complaint. This action is to foreclose a deed of trust upon the following described real property in the County of Lincoln, State of Montana. The real property has an address of 6400 Highway 93 North aka 6400 US Highway 93 North, Eureka, MT 59917, and is more particularly described as follows: Lot 1 of MADELINE SUBDIVISION, according to the Plat thereof on file in the office of the Clerk and Recorder, Lincoln County, Montana. Plat #133753, excepting therefrom all that portion as shown and described on Certificate of Survey #2832, records of Lincoln County, Montana. A $70.00 filing fee must accompany the answer at the time of filing. /s/ Annie Lafond Annie Lafond Deputy Clerk of District Court Published in The Western News November 26, December 3, 10, 2019. MNAXLP
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