Legals January 12, 2017
CLINTON J. FISCHER LAW OFFICE, P.C. Professional Center Building P.O. Box 879 Polson, MT 59860 Telephone: (406) 883-4395 Attorney for Petitioner Montana Twentieth Judicial District Court, Lake County In the Matter of the Adoption, of G.L.S., A Minor child, Thomas John Anderson, Petitioner. Cause No. DA-16-22 Summons for Publication State of Montana Sends Greetings to Jerry Allen Savage: You the Natural Father, are Hereby Summoned to respond to the petition in this action which is filed in the office of the Clerk of this Court, a copy of which is herewith served upon you, and to file your response and serve a copy thereof upon the Petitioner's attorney within twenty-one (21) days after the service of this Summons, exclusive of the day of service, and in case of your failure to respond, judgment will be taken against you by default, for the relief demanded in the Petition. Further, failure to appear at the hearing of this matter constitutes a waiver of your interest in the custody of the child in this matter and will result in the court's termination of your rights to the child. Witness my hand and the seal of said Court, the 9th day of Dec., 2016. (COURT SEAL) /s/ Casey L. Emerson Casey L. Emerson, Attorney for Petitioner Lyn Fricker Clerk of District Court By: /s/ Mary Rensvold, Deputy Clerk Published on December 29, 2016, January 5, 2017, and January 12, 2017. MNAXLP
CLINTON J. FISCHER LAW OFFICE, P.C. Professional Center Building P.O. Box 879 Polson, MT 59860 Telephone: (406) 883-4395 Attorney for Petitioner Montana Twentieth Judicial District Court, Lake County In the Matter of the Adoption, of L.L.S., A Minor child, Thomas John Anderson, Petitioner. Cause No. DA-16-21 Summons for Publication State of Montana Sends Greetings to Jerry Allen Savage: You the Natural Father, are Hereby Summoned to respond to the petition in this action which is filed in the office of the Clerk of this Court, a copy of which is herewith served upon you, and to file your response and serve a copy thereof upon the Petitioner's attorney within twenty-one (21) days after the service of this Summons, exclusive of the day of service, and in case of your failure to respond, judgment will be taken against you by default, for the relief demanded in the Petition. Further, failure to appear at the hearing of this matter constitutes a waiver of your interest in the custody of the child in this matter and will result in the court's termination of your rights to the child. Witness my hand and the seal of said Court, the 9th day of Dec., 2016. (COURT SEAL) /s/ Casey L. Emerson Casey L. Emerson, Attorney for Petitioner Lyn Fricker Clerk of District Court By: /s/ Mary Rensvold, Deputy Clerk Published on December 29, 2016, January 5, 2017, and January 12, 2017. MNAXLP
551673 TR SALE PAGES: 3 State of Montana Lake County Recorded: 11/10/2016 12:23 KOI: TR Sale Paula A Holle Clerk and Recorder Fee: $21.00 By: /s/ Janet Munn Dep To: NOTICE OF TRUSTEE'S SALE OF REAL PROPERTY NOTICE IS HEREBY GIVEN by LINDY M. HORNBERGER, as successor Trustee, of the public sale of the real property hereinafter described pursuant to the "Small Tract Financing Act of Montana" (Section 71-1-301, et seq., MCA). The following information is provided: THE NAME OF THE GRANTOR, ORIGINAL TRUSTEE, THE BENEFICIARY IN THE DEED OF TRUST, ANY SUCCESSOR IN INTEREST TO THE BENEFICIARY OR GRANTOR, ANY SUCCESSOR TRUSTEE, AND THE PRESENT RECORD OWNER IS/ARE: Grantors: CRAMELOT STORAGE OF POLSON, LLC, as to an undivided 42% interest; JGZ PROPERTIES, LLC, as to an undivided 22% interest; SHILOH VENTURES, LLC as to an undivided 21% interest; and NORTHWEST VENTURES, LLC as to an undivided 15% interest, all as tenants in common ("Grantors") Original Trustee: Fidelity Title Agency of Lake County Successor Trustee: Lindy M. Hornberger, an attorney licensed to practice law in the State of Montana (the "Trustee") Beneficiary: First Interstate Bank (the "Beneficiary") Present Record Owner: CRAMELOT STORAGE OF POLSON, LLC, as to an undivided 42% interest; JGZ PROPERTIES, LLC, as to an undivided 22% interest; SHILOH VENTURES, LLC as to an undivided 21% interest; and NORTHWEST VENTURES, LLC as to an undivided 15% interest, all as tenants in common THE DESCRIPTION OF THE PROPERTY COVERED BY THE DEED OF TRUST IS: The real property and its appurtenances in Lake County, Montana, more particularly described as follows: A Tract of Land located in the S1/2NW1/4 of Section 25, Township 22 North, Range 20 West, P.M.M., Lake County, Montana, further shown and described as being Tract B on Certificate of Survey No. 5333, on file in the Office of the Clerk and Recorder of Lake County, Montana. RECORDING DATA: The following instruments and documents have been recorded in the Clerk and Recorder's Office in Lake County, Montana. Deed of Trust dated August 27, 2008, and recorded September 8, 2008, under Microfile No. 492134, records of Lake County, Montana; and Substitution of Trustee dated October 17, 2016, and recorded October 18, 2016, under Microfile No. 551230, records of Lake County, Montana. THE DEFAULT FOR WHICH THE FORECLOSURE IS MADE IS: Nonpayment of monthly installments of $1,065.51 due under the Promissory Note dated October 9, 2012, which is secured by the Trust Indenture. The borrower is due for the October 9, 2015 payment and for each subsequent monthly payment. THE SUMS OWING ON THE OBLIGATION SECURED BY THE DEED OF TRUST AS OF NOVEMBER 9, 2016 ARE: Principal: $295,791.42 Interest: Interest continues to accrue at a rate of 4.0000% per annum. As of November 9, 2016, the interest balance is $2,009.70 and interest accrues at the rate of $32.4154 per day. Late fees: $974.50 The Beneficiary anticipates and intends to disburse such amounts as may be required to preserve and protect the real property, and for real property taxes that may become due or delinquent, unless such amounts or taxes are paid by the Grantor or successor in interest to the Grantor. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligation secured by the Trust Indenture. Other expenses to be charged against the proceeds of the sale include the Trustee's and attorney's fees, and costs and expenses of sale. THE TRUSTEE, AT THE DIRECTION OF THE BENEFICIARY, HEREBY ELECTS TO SELL THE PROPERTY TO SATISFY THE AFORESAID OBLIGATIONS. THE DATE, TIME, PLACE AND TERMS OF SALE ARE: Date: April 11, 2017 Time: 1:00 p.m., Mountain Standard Time or Mountain Daylight Time, whichever is in effect. Place: Front Entrance to the Lake County Courthouse, 106 - 4th Ave. E., Polson, MT 59860-2125 Terms: This sale is a public sale and any person, including the Beneficiary, and excepting only the Trustee, may bid at the sale. The bid price must be paid in cash. 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. Dated this 9th day of November, 2016. /s/ Lindy M. Hornberger LINDY M. HORNBERGER Trustee STATE OF MONTANA ) :ss. County of Missoula ) This instrument was acknowledged before me on November 9, 2016, by Lindy M. Hornberger, as Trustee. /s/ Dawn L. Hanninen Printed Name Dawn L. Hanninen [NOTARY SEAL] Notary Public for the State of Montana Residing at Missoula, Montana My commission expires: February 14, 2020 File No.: 034683-000024 Published on December 29, 2016, January 5, 2017, and January 12, 2017. MNAXLP
Rebecca Henning-Rutz HENNING, KEEDY & LEE, P.L.L.C. 723 5th Ave East, Suite 100 Kalispell, MT 59901 P: (406) 752-7122 becky@grizzlylaw.com Attorneys for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN RE THE ESTATE OF HAROLD D. GREINER, Deceased. Cause No. DP-16-260B NOTICE TO CREDITORS ROBERT B. ALLISON NOTICE IS HEREBY GIVEN that the undersigned 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 Debra K. Bronner, the Personal Representative, return receipt requested, c/o Henning, Keedy & Lee, or filed with the Clerk of the above-entitled Court. I declare under penalty of perjury that the foregoing is true and correct. DATED this 27th day of December, 2016. /s/ Debra K. Bonner Debra K. Bronner, Personal Representative Published on January 5, 2017, January 12, 2017, and January 19, 2017. MNAXLP
NOTICE TO CREDITORS Probate Cause # 16-521-P The Confederated Salish and Kootenai Tribal Court of the Flathead Reservation, Pablo, Montana In Re the Matter of the Estate of: Marie C. Cowan Notice is hereby given that the undersigned, Darrell Kehoe, 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 (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 Personal Representative, return receipt requested, or to the Clerk of Court of the Confederated Salish and Kootenai Tribal Court, P.O. Box 278, Pablo, Montana 59855. Dated this 28th of December, 2016. /s/ Darrell W. Kehoe Personal Representative Address: Darrell Kehoe 47302 Beaverhead Lane Ronan, MT 59864 Published on January 5, 2017, January 12, 2017, and January 19, 2017. MNAXLP
LEGAL NOTICE Lake County has received the following floodplain development permit application and is accepting comments on the proposal: MISSION HILL CHERRIES FLOODPLAIN DEVELOPMENT PERMIT APPLICATION Mission Hill Cherries, represented by Sherri Dugan, has applied for a floodplain development permit for residential development within the 100-year floodplain of Flathead Lake. The project includes construction of a 50-footboat ramp, 58-foot dock, and restacking of a 44-foot span of riprap. The subject property is legally described as amended parcel 2-A of the amended plat of the amended plat of lots 8B and 9A of Sunset Acres, together with Tract 2 of COS 6291 in section 29, T26N, R19W. Information regarding the proposal is available at the Lake County Planning Dept, Rm 315 of the Lake County Courthouse. All written and verbal comments are welcome and will be considered. The deadline to submit comments is January 27, 2017. Comments may be mailed to: Lake County Planning Dept, 106 Fourth Ave East, Polson, MT 59860; or faxed: 406-883-7205; or e-mailed: planning@lakemt.gov Published on January 12, 2017. MNAXLP
Martin S. King, Esq. WORDEN THANE P.C. Attorneys at Law P.O. Box 4747 Missoula, MT 59806-4747 Telephone: (406) 721-3400 Facsimile: (406) 721-6985 Email:mking@wordenthane.com Attorneys for Plaintiff MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY GARY N. HOFF, Plaintiff, -vs- The heirs or devisess of JAKE D. FLANSBURG, deceased; the heirs and devisees of GEORGE O. BEEBE AND NITA M. BEEBE, deceased; LINDA KOEHNE; BRUCE BEEBE; all persons, known or unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described in the complaint adverse to Plaintiff's ownership or any cloud upon Plaintiff's title thereto, whether such claim or possible claim be present or contingent including the person or persons in possession, if any, Defendants. Cause No. DV-16-231 Dept. 1 SUMMONS FOR PUBLICATION TO: All persons, known or unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described in the complaint adverse to Plaintiff's ownership or any cloud upon Plaintiff's title thereto, whether such claim or possible claim be present or contingent including the person or persons in possession, if any YOU ARE HEREBY SUMMONED to answer the Complaint to Quiet Title in this action which is filed in the office of the Clerk of this Court, a copy of which is herewith served upon you, and to file your answer and serve a copy thereof upon the Plaintiff's attorneys within twenty-one (21) days after the service of this summons, exclusive of the day of service; and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. This action is brought for the purpose of foreclosing the real property situated in Lake County, Montana, and described as follows: PARCEL 1: A portion of Lot 3 and SE1/4NW1/4 and the SW1/4NE1/4 and NW1/4SE1/4 of Section 5, Township 17 North, Range20 West, P.M.M., Lake County, Montana, being that portion North and East of the Jocko River and that portion lying South and West of the Northern Pacific Railway right-of-way. PARCEL 2; A portion of the SW1/4SW1/4 of Section 32, Township 18 North, Range 20 West, P.M.M., Lake County, Montana, further shown and described as being Tract A on Certificate of Survey No. 3132, on file in the office of the Clerk and Recorder of Lake County, Montana. PARCEL 3: A portion of Government Lot 4 of Section 5, Township 17 North, Range 20 West, P.M.M., Lake County, Montana, being that portion North and East of the Jocko River and that portion lying South and West of the Northern Pacific Railway right-of-way. EXCEPTING THEREFROM a portion of Government Lot 4 of Section 5, Township 17 North, Range 20 West, P.M.M., Lake County, Montana, further shown and described on Deed Exhibit H-381, on file in the office of the Clerk and Recorder of Lake County, Montana. ALSO EXCEPTING THEREFROM that portion of land described in Deed; recorded March 7,1955 in Book 43 Deeds, Page 209, records of Lake County, Montana. FURTHER EXCEPTING THEREFROM a portion of Government Lot 4 of Section 5, Township 17 North, Range 20 West, P.M.M., Lake County, Montana, further shown and described as being Tract B on Certificate of Survey No. 3132, on file in the office of the Clerk and Recorder of Lake County, Montana. PARCEL 4: A tract of land situated in Section 5, Township 17 North, Range 20 West, P.M.M., further shown and described on Deed Exhibit H-381, on file in the office of the Clerk and Recorder of Lake County, Montana And all fixtures and appurtenances thereto. Commonly known as 26711 Hwy 93, Ravalli, MT 59863. ("Property") Dated this 17th day of November, 2016. LYNN FRICKER, CLERK OF THE DISTRICT COURT /s/ By: Tami Carstens Deputy Clerk Published on January 5, 2017, January 12, 2017, and January 19, 2017. MNAXLP
NOTICE OF TRUSTEE'S SALE NOTICE IS HEREBY GIVEN that FARMERS STATE BANK, 3130 N. Reserve St., Missoula, MT 59808, the Beneficiary, and SEAN M. MORRIS, the Successor Trustee, under the Deed of Trust described in this notice (referred to in this notice as the "Trust Indenture"), have elected to sell the property described in this notice, on March 1, 2017, at 11:00 a.m. at the Lake County Courthouse, located at 106 4th Ave East, Polson, MT 59860, and on the terms described in this notice, in order to satisfy the obligations described in this notice, pursuant to the terms of the Trust Indenture and the provisions of the Small Tract Financing Act, Mont. Code Ann. ยง 71-1-301, et. seq. DESCRIPTION OF THE TRUST INDENTURE: Grantor: Helicraft Holdings, LLC Original Trustee: Lake County Abstract & Title Company Successor Trustee: Sean M. Morris, Esq. Beneficiary: Farmers State Bank Date: September 20, 2013 DESCRIPTION OF THE PROPERTY COVERED BY THE TRUST INDENTURE: All of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters; located in Lake County, State of Montana: Land located in the S1/2NE1/4 of Section 14, Township 18 North, Range 20 West, P.M.M., Lake County, Montana, further shown and described as Tracts 1, 2, 3, 4, 5 and 6 on Certificate of Survey No. 6954, on file in the office of the Clerk and Recorder of Lake County, Montana. TOGETHER WITH Common Access and Use Easement as set forth in Deeds; recorded under Microfile No's 525097, 525098, 525099, 525100, 525101 and 525102, records of Lake County, Montana. The real property or its address is commonly known as 77529 US Hwy 93, St. Ignatius, MT 59865. RECORDING REFERENCE: Deed of Trust recorded on September 23, 2013, as Microfile No. 531356 records of Lake County, Montana. OTHER DOCUMENTS RELATING TO THE TRUST INDENTURE: Appointment of Successor Trustee, appointing Sean M. Morris as trustee in the place of Lake County Abstract & Title Company recorded October 14, 2016, in the records of the office of the Clerk and Recorder of Lake County, Montana, as Microfile No. 551166. DEFAULT FOR WHICH THE FORECLOSURE IS MADE: The Grantor has defaulted on the terms of said Trust Indenture and the corresponding Promissory Note in that it has failed to pay the payments required thereunder when due. AMOUNTS OWED ON THE OBLIGATIONS SECURED BY THE TRUST INDENTURE as of October 7, 2016: Principal $548,367.04 Interest $ 26,473.08 Force Place Insurance - Helicopter $ 7,155.00 Collateral Preservation - Helicopter tailboom $ 16,252.50 Late Charges $ 700.00 Total: $598,947.62 Interest continues to accrue. In addition, the Grantor is obligated to pay the expenses of this sale, which include the Beneficiary's costs and expenses advanced to preserve and protect the property, real property taxes that may become due or delinquent, Beneficiary's costs and attorney fees, and the Successor Trustee's costs and fees. If such amounts are paid by the Beneficiary, they will be added to the obligation secured by the Trust Indenture. THE TRUSTEE'S OR BENEFICIARY'S ELECTION TO SELL THE PROPERTY TO SATISFY THE OBLIGATION: The Beneficiary has elected, and has directed the Successor Trustee to sell the above- described property to satisfy the obligation. DATE, PLACE, and TIME OF SALE: Date and time of sale: March 1, 2017, at 11:00 a.m. Place: Front steps of the Lake County Courthouse, located at 106 4th Ave East Polson, MT 59860 RIGHT TO CURE: The Grantor, successor in interest to the Grantor or any other person having an interest in the aforesaid property, at any time prior to the trustee's sale, may pay to the present Beneficiary the entire amount then due under the 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 theretofore existing. Dated this 21st day of October, 2016. /s/ Sean M. Morris Sean M. Morris, Successor Trustee Worden Thane P.C. P. O. Box 4747 Missoula, MT 59806-4747 (406) 721-3400 STATE OF MONTANA ) : ss. County of Missoula ) On the __ day of October, 2016, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Sean M. Morris, known to me to be the person whose name is subscribed to the within Notice of Trustee's Sale as Successor Trustee, and acknowledged to me that he executed the same as such Successor Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. (SEAL) /s/ Abigail Dussault Notary Signature Published on January 5, 2017, January 12, 2017, and January 19, 2017. MNAXLP