Legals October 5, 2017
H. Stephen Darty DARTY LAW OFFICE, PLLC 2687 Palmer Street, Ste. D Missoula, MT 59808 (406) 549-0306 Attorney for Personal Representative MONTANA TWENTIETH JUDICIAL DISTRICT COURT LAKE COUNTY IN THE MATTER OF THE ESTATE OF VICKIE K. NUCCIO, DECEASED. Cause No. DP-17-55 Dept. No. James A. Manley 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 Cathey Hoyt, Personal Representative, return receipt requested, at 2687 Palmer Street, Ste. D, Missoula, Montana 59808, or filed with the Clerk of the above Court. I declare under penalty of perjury under the laws of the State of Montana that the foregoing is true and correct. DATED this 18th day of August, 2017. Cathey Hoyt - Personal Representative DARTY LAW OFFICE, PLLC H. Stephen Darty, Attorney for Personal Representative Published on September 21, September 28 and October 5, 2017. MNAXLP
ROBERT J. SULLIVAN BOONE KARLBERG P.C. 201 West Main, Suite 300 PO Box 9199 Missoula, MT 59807-7909 Phone: (406) 543-6646 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY SADDLEHORN II, LLC, Plaintiff, v. SADDLEHORN, LLC, SADDLEHORN COMMUNITY ASSOCIATION, SADDLEHORN CLUB, LLC, WOODS BAY BEVERAGES, LLC, DOUGLAS D. AVERILL and JAMES L. FRIZZELL, Defendants. Cause No. DV-16-059C NOTICE OF SALE Notice is hereby given that by virtue of the FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT, DECREE OF FORECLOSURE AND ORDER OF SALE issued by the District Court of the Eleventh Judicial District in and for the County of Flathead and State of Montana, and entered and docketed in the Office of the Clerk of said Court on August 14, 2017, in an action wherein SADDLEHORN II, LLC was Plaintiff, and SADDLEHORN, LLC, SADDLEHORN COMMUNITY ASSOCIATION, SADDLEHORN CLUB, LLC, WOODS BAY BEVERAGES, LLC, DOUGLAS D. AVERILL and JAMES L. FRIZZELL were Defendants, in favor of Plaintiff and against the Defendant Saddlehorn, LLC for the sum of $15,431,378.45, which judgment and decree, among other things, direct the sale by me as a single unit of the real and personal property hereinafter described, to satisfy the amount of said judgment, with interest thereon and the costs and expenses of such sale, or so much thereof as the proceeds of said sale will satisfy; and by virtue of the FINDINGS OF FACT, CONCLUSIONS OF LAW, JUDGMENT, DECREE OF FORECLOSURE AND ORDER OF SALE issued out of the office of the Clerk of said Court, I, Chuck Curry, Sheriff of Flathead County, Montana, or a Deputy on behalf of the Sheriff, will sell the property described in the Judgment to the highest bidder for cash or credit bid at public auction at the lobby of the Justice Center in the City of Kalispell in the County of Flathead, and State of Montana, on Tuesday the 7th day of November, 2017, at the hour of 10:00 o'clock A.M., to satisfy the amount due, with interest thereon, and the costs and expenses of such sale, or so much thereof as the proceeds of such sale will satisfy. The property to be sold is situated in the County of Flathead, and County of Lake, State of Montana, and described as follows: LEGAL DESCRIPTION OF FORECLOSURE PROPERTY AND COMMERCIAL SECURITY TO BE SOLD AS UNIT: Parcel 1: Cabin Homesites C1, C4, C5, C6, C7, C8, C9, C10, C11, C12, C26; Camp Homesites 2, 3, 4, 5, 6, 7, 8, 19; Attached Residential Sites E-1A, E-1B, E-2A, E- 2B on Common Area E; all located on the Plat of Saddlehorn according to the map or plat on file and of record in the office of the Clerk & Recorder of Flathead County, Montana. and Cabin Homesites C17, C18; Camp Homesites 36, 37, 38; Future Residential Site 3; Future Residential Site 4, excepting Parcels D of Saddlehorn No. 6; Future Residential Site 5; Attached Residential Sites A-1A, A-1B, A-2A, A-2B on Common Area A; Attached Residential Sites D-1A, D-1B, D-2A, D-2B, D-3A, D-3B, D-4A, D-4B, D-5A, D-5B on Common Area D; Common Area 2; Common Area 5, to include Parcel B located on Saddlehorn No. 6, and excepting Parcel A of Saddlehorn No. 6; Common Area 6, excepting Parcel E of Saddlehorn No. 6; Common Area 8; Commercial Site 4; Commercial Site 5; Commercial Site 6; all located on the Plat of Saddlehorn No. 1, according to the map or plat on file and of record in the office of the Clerk & Recorder of Flathead County, Montana. and Attached Residential Sites B-1A and B-1B of Saddlehorn No. 2, according to the map or plat thereof on file and of record in the office of the Clerk & Recorder of Flathead County, Montana. and Camp Homesite 20 located on the Plat of Saddlehorn No. 5, and Common Area 3 located on the plat of Saddlehorn No. 5, excepting Parcel C of Saddlehorn No.6, and excepting Parcels B & C of Saddlehorn No. 10, according to the map or plat thereof on file and of record in the office of the Clerk & Recorder of Flathead County, Montana. and Future Residential Site 7 and Common Area 7, located on the plat of Saddlehorn No. 8, according to the map or plat thereof on file and of record in the office of the Clerk & Recorder of Flathead County, Montana. and Common Area 4, located on the plat of Saddlehorn No. 9, according to the map or plat thereof on file and of record in the office of the Clerk & Recorder of Flathead County, Montana. and Camp Homesite 41, located on the plat of Saddlehorn No. 10, according to the map or plat thereof on file and of record in the office of the Clerk & Recorder of Flathead County, Montana. (Tract 1) Parcel 2: Common Area 1, located on the plat of Saddlehorn No. 7, according to the map or plat thereof on file and of record in the office of the Clerk & Recorder of Flathead County, Montana. and Those certain roads known as "Saddlehorn Trail", "Barn Dance Trail", "Trading Post Trail", "Timberjack Trail", "Outlaw Trail", "Pinto Trail", "Buckaroo Trail", and "Chief Cliff Trail", excepting Parcel B of Saddlehorn No. 6, and including Parcels A, C, D & E of Saddlehorn No. 6, all located on the plat of Saddlehorn No. 1, according to the map or plat thereof on file and of record in the office of the Clerk & Recorder of Flathead County, Montana. EXCEPTING THEREFROM that portion of "Buckaroo Trail" now part of Common Area 4 located on the Plat of Saddlehorn No. 9, according to the map or plat thereof on file and of record in the office of the Clerk & Recorder of Flathead County, Montana. (Tract 2) Parcel 3: Tract 1 of Certificate of Survey No. 17113, a Tract of land situated, lying, and being in the East Half of the Northeast Quarter of Section 36, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana. ("Tract 3") Parcel 4: Tract 2 of Certificate of Survey No. 17113, a Tract of land situated, lying, and being in the East Half of the Northeast Quarter of Section 36, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana. Parcel 5: Lot 25 of Pommel of the Ranch, according to the map or plat thereof on file and recorded in the office of the Clerk and Recorder of Flathead County, Montana. Parcel 6: A Tract of land located in and being a portion of Government Lot 4, Section 19, Township 26 North, Range 19 West, P.M.M., Lake County, Montana more particularly described as follows: Beginning as the NW Corner of said Lot 4; thence due East along the North boundary of said Lot 4, a distance of 561 feet; thence South 10º a distance of 360 feet; thence South 05º30' West, a distance of 304 feet, which is the Point of Beginning of the tract herein described; thence South 05º30' West, a distance of 25 feet; thence South 14º41' West, a distance of 118.3 feet; thence due East a distance of 264.2 feet to a point on the shore of Flathead Lake; thence North 25º15' West along the shore of Flathead Lake a distance of 152 feet to a point due East of the Point of Beginning; thence due West a distance of 180 feet to the Point of Beginning. INCLUDING all inventory, chattel paper, accounts, equipment, general intangibles and fixtures of Saddlehorn, LLC ("Commercial Security") Dated this 29th day of September, 2017. FLATHEAD COUNTY SHERIFF CHUCK CURRY By: /s/ Jeffrey Weyh Civil Department BOONE KARLBERG P.C. 201 West Main, Suite 300 Missoula, Montana 59807-7909 Attorney for the Plaintiff Published on October 5, 2017, October 12, 2017, and October 19, 2017. MNAXLP
ANDREW A. GEORGE George Law Firm, PLLC 210 N. Higgins Ave., Ste. 234 Missoula, Montana 59802 Telephone: (406)728-4310 Attorney for Personal Representative MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN THE MATTER OF THE ESTATE OF WARREN H. LESLIE Deceased Department No. 2 Cause Probate No. DP- 16-56 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 David L. Landgraf, the Personal Representative, return receipt requested at GEORGE LAW FIRM, PLLC, 210 N. Higgins Ave., Suite. 234, Missoula, Montana 59802, or filed with the Clerk of the above-entitled Court. DATED: December 30, 2016. /s/ David L. Landgraf David L. Landgraf, Personal Representative Personal Representative's Attorney: GEORGE LAW FIRM, PLLC 210 N. Higgins Ave., Suite 234 Missoula, Montana 59802 Published on September 28, 2017, October 5, 2017, and October 12, 2017. MNAXLP
NOTICE OF TRUSTEE'S SALE Reference is hereby made to that certain trust indenture/deed of trust ("Deed of Trust") dated 05/13/09, recorded as Instrument No. 498788, mortgage records of LAKE County, Montana in which Charles M. David AND Christine S. David, as Joint Tenants (and not as Tenants in Common) and to the Survivor of Said Names Joint Tenants was Grantor, Mortgage Electronic Registration Systems, Inc. solely as nominee for Access National Mortgage Corporation, its successors and assigns was Beneficiary and Robert W. Kraft was Trustee. First American Title Insurance Company has succeeded Robert W. Kraft as Successor Trustee. The Deed of Trust encumbers real property ("Property") located in LAKE County, Montana, more particularly described as follows: Lot 4 of Meadow Vista Estates, a platted subdivision of Lake County, Montana, according to the official map or plat thereof on file and of record in the office clerk and recorder of Lake County, Montana. By written instrument recorded as Instrument No. 524081, beneficial interest in the Deed of Trust was assigned to Wells Fargo Bank, NA. Beneficiary has declared the Grantor in default of the terms of the Deed of Trust and the promissory note ("Note") secured by the Deed of Trust because of Grantor's failure timely to pay all monthly installments of principal, interest and, if applicable, escrow reserves for taxes and/or insurance as required by the Note and Deed of Trust. According to the Beneficiary, the obligation evidenced by the Note ("Loan") is now due for the 03/01/16 installment payment and all monthly installment payments due thereafter. As of August 3, 2017, the amount necessary to fully satisfy the Loan was $220,920.77. This amount includes the outstanding principal balance of $222,213.79, plus accrued interest, accrued late charges, accrued escrow installments for insurance and/or taxes (if any) and advances for the protection of beneficiary's security interest (if any). Because of the defaults stated above, Beneficiary has elected to sell the Property to satisfy the Loan and has instructed Successor Trustee to commence sale proceedings. Successor Trustee will sell the Property at public auction Lake County Courthouse, 106 4th Avenue East, Polson, MT 59860, On the Front Steps, City of Polson on December 13, 2017 at 11:00 AM, Mountain Time. The sale is a public sale and any person, including Beneficiary and excepting only Successor Trustee, may bid at the sale. The bid price must be paid immediately upon the close of bidding at the sale location 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, express or implied, as the sale is made strictly on an as-is, where-is basis. Grantor, successor in interest to Grantor or any other person having an interest in the Property may, at any time prior to the trustee's sale, pay to Beneficiary the entire amount then due on the Loan (including foreclosure costs and expenses actually incurred and trustee's and attorney's fees) other than such portion of the principal as would not then be due had no default occurred. Tender of these sums shall effect a cure of the defaults stated above (if all non-monetary defaults are also cured) and shall result in Trustee's termination of the foreclosure and cancellation of the foreclosure sale. The trustee's rules of auction may be accessed at www.northwesttrustee.com and are incorporated by the reference. You may also access sale status at www.Northwesttrustee.com or USA-Foreclosure.com. David, Charles M. and Christine S. (TS# 7023.115751) 1002.289642-File No. Published on September 21, 2017, September 28, 2017, and October 5, 2017. MNAXLP