Legals October 19, 2017
Richard Bartos Bartos Law Office P.O. Box 1221 Helena, Montana 59624 e-mail: user882963@aol.com 406-431-2100 Attorney for Estate Montana Twentieth Judicial District Court, Lake County In Re the Estate of Frank C Lopez, Deceased Probate number DP 17-30 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 be mailed to Justin Ryan Lopez, the Personal Representative, return receipt requested, at Justin Lopez, 15839 Edgewater Lane, Bigfork, Montana 59911, or filed with the Clerk of the above Court. I declare under penalty of perjury that the above statement is true and accurate to the best of my knowledge and belief. Dated this 18 day of September, 2017. /s/ Justin Lopez Justin Ryan Lopez Personal Representative 15839 Edgewater Lane Bigfork, Montana 59911 Dated this 18 day of September, 2017. /s/ R. Bartos Richard Bartos Attorney for Estate Published on October 19, 2017, October 26, 2017, and November 2, 2017. MNAXLP
Calvin T. Christian Christian, Samson & Jones, PLLC 310 West Spruce Street Missoula, Montana 59802 (406) 721-7772 ctc@csjlaw.com Attorneys for Monique Cahoon MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN RE THE ESTATE OF Carol Norlene Brewer, Deceased. Dept. No. Probate No. DP17-59 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 Soulan Monique Cahoon, the Personal Representative, return receipt requested, in care of Calvin T. Christian, at 310 West Spruce Street, Missoula, Montana 59802, or filed with the Clerk of the above Court. DATED this 11 day of September, 2017. /s/ Soulan M Cahoon Soulan Monique Cahoon c/o Calvin T. Christian 310 W. Spruce St. Missoula, MT 59802 Published on October 12, 2017, October 19, 2017, and October 26, 2017. MNAXLP
INVITATION TO BID Separate sealed bids for construction of SURFACE WATER FILTRATION PLANT EXPANSION will be received by the City of Ronan at City Hall, 207 Main Street, Suite A, Ronan, MT before November 3, 2017 at 3pm and then publicly opened and read aloud. The project consists of: 25ft x 40ft building expansion to the existing surface water treatment plant. Construction type is CMU with footing and slab. Work includes all site prep and work for connection to and extension of 6" water piping from existing structure; receipt and installation of membrane filter equipment on skids; piping between skids; electrical wiring for building and equipment; drains and holding tanks for backwash water outside of building; allowance for lightening protection design and installation; installation of generator purchased by city; and all work described in the contract documents. The Contract Document consists of Drawings and Project Manual and is available in electronic form only. The Contract Document may be viewed and printed from the following Plans Exchanges. Northwest Plans Exchange (2303 Hwy2 East, Kalispell, MT 59901), Missoula Plans Exchange (201 North Russell, Missoula, MT 59801). Bidder is responsible to ensure the printed Contract Document is a complete set and to verify all Addendum have been received prior to bidding. A printed copy may be examined at City of Ronan, City Hall (207 Main Street, Suite A, Ronan, MT 59864). All questions are to be directed to Shari A Johnson Engineering & Associates (email: sajengineering@centurylink.net). There will be a Pre-Bid Conference at the City Hall (207 Main Street, Suite A, Ronan, MT 59864) on September 24th, at 11:30 A.M. Interested Contractors are encouraged to attend. Contractor and any of the Contractor's subcontractors bidding or doing work on this project will be required to be registered with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. Preference is given to Montana Contractors according to MCA 18-1-102. Contractor is required to be registered with the DLI prior to bidding on this project. All laborers and mechanics employed by Contractor or subcontractors in performance of the construction work shall be paid, for each wage classification, the higher of either the Montana Prevailing Wage Rates or the Federal Davis-Bacon Prevailing Wage Rates. Contractor to comply with DBE requirements. The Contractor must ensure that employees and applicants for employment are not discriminated against on the basis of their race, creed, color, age, religion, sex, physical or mental disabilities, or national origin and must show affirmative action to ensure Equal Employment Opportunities. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the CITY OF RONAN, in an amount not less than ten percent (10%) of the total amount of the bid. The successful bidder shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance, as required by specifications, shall be provided by the successful bidder and a certificate(s) of that insurance shall be provided and approved prior to issuance of a Notice to Proceed. This project is funded in part or in whole with grant/loan funding from the Montana State Revolving Fund. Award of the project will be contingent upon receiving funding and award concurrence from project funding agencies. No bid may be withdrawn after the scheduled time for the public opening of bids. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the City. The City of Ronan is an Equal Opportunity Employer. Published on October 19, 2017, and October 26, 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 Personal Representative MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN RE THE ESTATE OF LLOYD A. SMITH, Decedent. PROBATE NO. DP 17-62 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. A written statement of the claim indicating the name and address of the claimant, the basis of the claim and the amount claimed may be filed with the Clerk of the District Court, Lake County, Montana, or mailed, return receipt requested, to the Co-Personal Representatives at the following address: Linda G. Dodson c/o Clinton J. Fischer Law Office, P.C. P.O. Box 879 Polson, MT 59860 Dated this 21st day of October, 2017. /s/ Clinton J. Fischer Clinton J. Fischer, Attorney for Personal Representative /s/ Linda G. Dodson Linda G. Dodson, Personal Representative PERSONAL REPRESENTATIVE'S ATTORNEY: Clinton J. Fischer CLINTON J. FISCHER LAW OFFICE, P.C. Professional Center Building P. O. Box 879 Polson, Montana 59860 Published on October 12, 2017, October 19, 2017, and October 26, 2017. MNAXLP
IMPORTANT INFORMATION ABOUT YOUR SPECTRUM CHANNEL LINEUP Communities Served: Lake County: Town of Pablo: Cities of Polson and Ronan, MT. Effective on or after November 17, 2017, Local Access a/k/a KSKC on Basic channel 9 will no longer be available. For a complete channel lineup, visit spectrum.com/channels. To view this notice online, visit spectrum.net/programming-notices. Published on October 19, 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
After Recording Return To: Title Financial Specialty Services Attention: Foreclosure Department P.O. Box 339 Blackfoot ID 83221 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on January 30, 2018, at 11:00 AM at the North Entrance to the Lake County Courthouse located 106 4th Avenue East in Polson, MT 59860, the following described real property situated in Lake County, Montana: LOT 5 IN BLOCK 13 OF GRANDVIEW, AN ADDITION TO THE CITY OF POLSON, LAKE COUNTY, MONTANA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK AND RECORDER OF LAKE COUNTY, MONTANA. Kory Lee Elliott and Tonya Sue Elliott, as Grantors, conveyed said real property to Lake County Abstract & Title Co., as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. (MERS)solely as nominee for Mann Mortgage, LLC., as Beneficiary, by Deed of Trust on April 15, 2010, and recorded on April 15, 2010 as Document No. 506195. The beneficial interest is currently held by JP Morgan Chase Bank NA. First American Title Company of Montana, Inc., is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Lake County, Montana. The beneficiary has declared a default in the terms of said Deed of Trust by failing to make the monthly payments beginning October 1, 2013, 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. The total amount due on this obligation as of July 31, 2017 is $110,406.38 principal, interest totaling $22,702.41, escrow advances of $8,381.10, suspense balance of $-624.09 and other fees and expenses advanced of $8,227.08, plus accruing interest, late charges, and other costs and fees that may be 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 Grantors. 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, at any time prior to the trustee's sale, may 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 thereby cure the default. The scheduled Trustee's Sale may be postponed by public proclamation up to 15 days for any reason, and 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated: September 18, 2017 Rae Albert Assistant Secretary, First American Title Company of Montana, Inc. Successor Trustee Title Financial Specialty Services PO Box 339 Blackfoot ID 83221 STATE OF Idaho ) ) ss. County of Bingham ) On this 18th day of September, 2017, before me, a notary public in and for said County and State, personally appeared Rae Albert, know to me to be the Assistant Secretary of First American Title Company of Montana, Inc., Successor Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. Kaitlin Ann Gotch Notary Public Bingham County, Idaho Commission expires: 07/29/2022 J P Morgan Chase Bank, N.A. vs Elliott 103798-1 Published on October 12, 2017, October 19, 2017, and October 26, 2017. MNAXLP
NOTICE OF TRUSTEE'S SALE Reference is hereby made to that certain trust indenture/deed of trust ("Deed of Trust") dated 05/27/03, recorded as Instrument No. 436510, mortgage records of LAKE County, Montana in which Michael Munoz and Amy Munoz, husband and wife was Grantor, Wells Fargo Home Mortgage, Inc. was Beneficiary and Lake County Title was Trustee. First American Title Insurance Company has succeeded Lake County Title as Successor Trustee. The Deed of Trust encumbers real property ("Property") located in LAKE County, Montana, more particularly described as follows: Parcel 1: All that portion of the W1/2W1/2E1/2 of Lot 7 and the W1/2W1/2SE1/4NW1/4 lying South of U.S. Highway 93 in Section 2, Township 24 North Range 21 West, P.M.M., Lake County, Montana, and further shown and described as "Parcel C" of Certificate of Survey No. 2496, on file in the office of the Clerk and Recorder of Lake County, Montana. Excepting therefrom those lands acquired by the State of Montana, acting by and through the Department of Highways of the State of Montana, by Judgement and Final Order of Condemnation recorded March 28, 1988 under Microfile No. 311346, Records of Lake County, Montana. Parcel 2: Easement for ingress and egress, as created by Judgement of Final Order of Condemnation, in re The State of Montana, acting by and through the Department of Highways of the State of Montana, plaintiff, -vs- Rebecca E Mattson, as sole owner, defendant, recorded March 28, 1988 under Microfile No. 311346, Records of Lake County, Montana. By written instrument recorded as Instrument No. 536773, beneficial interest in the Deed of Trust was assigned to Bank of America, N.A.. 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 12/01/13 installment payment and all monthly installment payments due thereafter. As of August 29, 2017, the amount necessary to fully satisfy the Loan was $959,205.27. This amount includes the outstanding principal balance of $731,235.05, 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 on the front steps of the Lake County Courthouse, 106 Fourth Ave. E., Polson, MT 59860, City of Polson on January 5, 2018 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. MUNOZ, MICHAEL and AMY (TS# 7023.109721) 1002.275503-File No. Published on October 19, 2017, October 26, 2017, and November 2, 2017. MNAXLP