Legals August 23, 2018
City of Polson, Montana NOTICE OF BUDGET HEARING Notice is hereby given that the Polson City Commission has completed the preliminary annual budget for the fiscal year 2018 - 2019 (FY19). The Commission has called for a public hearing on the budget and permissive medical levy pursuant to Section 7-6-4021 and 2-9-212 M.C.A. The PRELIMINARY budget and permissive medical levy hearing will be held on Monday August 27, 2018 at 6:00 pm in the City Hall Council Chambers. The public hearing may be continued from day to day. Any taxpayer or resident may appear at the public hearing and be heard for or against the proposed budget. The Commission is scheduled to adopt the FINAL budget and make appropriations during the regular City Commission meeting on September 5, 2018 in the City Hall Council Chambers at 7:00 pm. The proposed budget is on file and open to inspection at City Hall, 106 1st Ste E, Polson, Montana in the City Clerk's office. For further information contact Cindy Dooley, Finance Officer, 883-8204, or by e-mail at finance@cityofpolson.com. Published on August 16, 2018, and August 23, 2018. 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 STEVEN LLOYD SMITH, Decedent. PROBATE NO. DP 18-43 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 Personal Representative at the following address: Wilma M. Smith c/o Clinton J. Fischer Law Office, P.C. P.O. Box 879 Polson, MT 59860 DATED this 2nd day of August, 2018 /s/ Clinton J. Fischer Clinton J. Fischer, Attorney for Personal Representative /s/ Wilma M. Smith Wilma M. Smith, 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 August 23, 2018, August 30, 2018, and September 6, 2018. MNAXLP
LAKE COUNTY, MONTANA NOTICE OF BUDGET HEARING THE BOARD OF LAKE COUNTY COMMISSIONERS HAS COMPLETED ITS PRELIMINARY BUDGET FOR THE CURRENT FISCAL YEAR 2018-2019. The budget has been placed on file and is open to inspection in the office of the County Clerk and Recorder/Finance Department September 4th, 5th and 6th, 2018. Any taxpayer or resident of Lake County may appear and be heard for or against any part of the proposed budget. The Board of Lake County Commissioners will meet on the 6th day of September 2018 at 4:00 p.m. in the Commissioner's office to approve the final budget and make appropriations. Paula Holle Lake County Clerk & Recorder 106 4th Ave E Polson MT 59860 406-883-7215 Published on August 23, 2018, and August 30, 2018. MNAXLP
MONTANA TWENTIETH JUDICIAL DISTRICT COURT, NCP Bayou 2, LLC, Plaintiff, vs. John Buffa and Judy Buffa, Defendant(s), Cause No.: DV-17-65 THE HONORABLE JAMES A. MANLEY NOTICE OF SHERIFF'S SALE TO BE SOLD, in one single Sheriff's Sale on the 6th day of September, 2018 at 10:00 o'clock a.m., at the location of the Front Entrance of the Lake County Courthouse, 106 4th Ave E, Polson, MT 59860, real property located in Lake County, Montana and described on the attached Exhibit A (the "Encumbered Property"), pursuant to the Amended Consent Judgment and Decree of Foreclosure entered in this proceeding, together with the corresponding Writ of Execution issued with respect to the above-referenced cause number. The Encumbered Property sold at the Sheriff's Sale is to be sold together in one single sale for one bid price. The Encumbered Property is sold with all appurtenances, hereditaments, tenements, including all water rights, gas, oil, other hydrocarbons, and geothermal rights thereunto belonging or used in connection therewith. Dated this 17 day of July, 2018. By: /s/ Donald R. Bell Real Property: HOMESTEAD ENTRY SURVEY NO. 967, EMBRACING A PORTION OF SECTIONS 16 AND 17, TOWNSHIP 24 NORTH, RANGE 17 WEST, P.M.M., LAKE COUNTY, MONTANA, DESCRIBED AS FOLLOWS: BEGINNING AT CORNER NO. 1, IDENTICAL WITH THE SOUTH CORNER OF SECTIONS 16 AND 17 IN SAID TOWNSHIP AND RANGE; THENCE N 89 DEGREES 59'W.9.68 CHAINS TO CORNER NO. 2; THENCE N 00 DEGREES 01'W.50.13 CHAINS TO CORNER NO. 3; THENCE S. 89 DEGREES 57' E.9.49 CHAINS TO CORNER NO. 4; THENCE S. 89 DEGREES 57' E.10.64 CHAINS TO CORNER NO. 5; THENCE S. 00 DEGREES 05'E.50.13 CHAINS TO CORNER NO. 6; THENCE N. 89 DEGREES 57'W.10.51 CHAINS TO CORNER NO. 1, TO THE PLACE OF BEGINNING TAX ID 15707 Published on August 16, 2018, August 23, 2018, and August 30, 2018. MNAXLP
LEGAL NOTICE On Wednesday, Sept. 12, 2018 at 3:30 pm, the Lake County Board of Adjustment will hold a public hearing in the Office of the Lake County Commissioners, Room 211 of the Lake County Courthouse on the following items: MC CULLOUGH CONDITIONAL USE REQUEST John McCullough is requesting conditional use approval within the Finley Point Zoning District, Sub-district F, Finley Point Highway, to allow for a welding shop as a home occupation. The 4.8-acre parcel is currently developed with a single family residence, a detached shop, and other accessory structures. The subject property is located at 33736 Finley Point Road, Polson, MT 59860, and is legally described as Lot 8 of Lambert Orchard Homes, a subdivision located within Section 28, T23N, and R19W. WEISENBERGER/NELSON VARIANCE USE REQUEST Terry Murphy of Fort Connah Consulting, on behalf of Stephen Weissenberger and Jan Nelson, is requesting a variance to the side property line setback within the Finley Point Zoning District, Sub-district A, Highway Lakeside, to allow for an addition to the existing garage within the setback. The 4.06-acre property is located at 33043 MT HWY 35, MT 59860, and is legally described as Lot 2 as shown on Deed Exhibit H-359, located within Section 15, T23N, and R19W. JYSTAD VARIANCE REQUESTS Lynden Steinmetz Design Studio, LLC on behalf of Gary R. Jystad, is requesting variances to the Upper West Shore Zoning Regulations for reconstruction of a single family residence exceeding an average height of 30 feet and located within the 50-foot setback of Flathead Lake. The request is associated with an existing nonconforming single family residence which was destroyed by a fire in 2016. If a fire destroys a non-conforming structure, the replacement structure must meet the terms of the Upper West Shore Zoning Regulations. Any structure exceeding 30 feet in average height as measured from the natural grade, and proposed to be built within 50 feet from the high water mark of Flathead Lake within the Upper West Shore Zoning District requires a variance. The 0.80-acre property is located at 39187 Shelter Bay Estates and is legally described as Lot 12 of Block 1 of Shelter Bay Estates, Section 21, T25 N, R20 W. SILVA & ROUSSEAU VARIANCE REQUEST Lise Anne Rousseau is requesting variance within the Finley Point Zoning District, Sub-Unit E, to place a prebuilt structure less than 50 feet from a county right of way. The variance request is in connection with a conditional use approval for fruit processing and natural food products. The 14.80-acre property is located at 34126 South Finley Point Road and is legally described as a portion of the SE 1/4 of Section 20, T23N, R19W and further described as Tract B on Certificate of Survey (COS) 4973. PAPPAS VARIANCE REQUEST Dana Leifson, on behalf of George and Ann Pappas, is requesting a variance to allow additional lot coverage which will exceed 20 percent. The applicant is proposing to pave additional surface area of a driveway to a house within the City-County Rural Residential Zoning District. The 1.0-acre property is located at 37598 Ponderilla Drive, Polson, MT 59860 and is legally described as Tract B of the Amended Plat of Lot 9 and the Amended Plat of Lot 10 Ponderilla Hills Subdivision, located in Section 17 of T22N, R20W. Information regarding the agenda items is available at the Lake County Planning Dept, Rm 315 of the Lake County Courthouse. Written comments received by Sept. 4, 2018 will be included in the staff report to the board. All written and verbal comments are welcome and will be forwarded to the Board for their consideration. Comments received after Sept. 4 will be provided to the Board at the meeting, which may not provide sufficient time for review of the comment. Comments may be mailed to Lake County Planning Dept, 106 4th Ave E, Polson, MT 59860 or faxed: 406-883-7205 or e-mailed: planning@lakemt.gov Published on August 23, 2018. MNAXLP
LEGAL NOTICE The City County Planning Board will hold a public hearing on Tuesday, Sept. 11, 2018 at 6:00 pm in the Polson City Hall Council Chambers. Agenda items include: TEXT AMENDMENT TO LAKE COUNTY'S POLSON DEVELOPMENT CODE Land Solutions, LLC, on behalf of Barry Silverman, trustee for the Barry Franklin Silverman Trust, is requesting a zoning text amendment to Lake County's Polson Development Code (PDC). Some of the proposed amendments are specific to Chapter V and the Rural Residential Zoning District (RRZD), which include allowing detached accessory dwelling units (ADUs), reducing the minimum side yard setbacks, increasing the maximum lot coverage, and allowing accessory structures in front yards on waterfront lots. The proposal also includes amending the PDC performance standards to address ADUs, and amending definitions related to accessory uses and buildings, and waterfront lots. The subject area for amendments made to Chapter V would apply to all properties located within the RRZD of Lake County's PDC. The subject area for amendments made to the performance standards and definitions includes all areas subject to Lake County's PDC in which they apply. Information regarding this agenda item and properties impacted is available at the Lake County Planning Dept, Rm 315 of the Lake County Courthouse. Written comments received by Sept. 4, 2018 will be included in the board packets. All written and verbal comments are welcome and will be forwarded to the Board for their consideration. Comments received after Sept. 4 will be provided to the Board at the meeting, which may not provide sufficient time for review of the comment. Comments may be mailed to Lake County Planning Dept, 106 4th Ave E, Polson, MT 59860 or faxed: 406-883-7205 or e-mailed: planning@lakemt.gov Published on August 23, 2018. MNAXLP
LEGAL NOTICE The Lake County Planning Board will hold a public meeting on Wednesday, Sept. 12, 2018 at 7:00 pm in the large conference room of the Lake County Courthouse. Agenda items include: RIGHT TO FARM POLICY The Planning Board will continue their discussion on adopting a Right to Farm Policy, review changes to the draft policy, and suggest any additional changes needed. The Board will hear any additional public comments regarding the draft policy, review the changes Planning Staff has made to the draft policy document based on comments received from the Board and public, and make a recommendation to the Lake County Board of Commissioners regarding adoption of the Right to Farm Policy. Information regarding the agenda item is available at the Lake County Planning Dept, Rm 315 of the Lake County Courthouse. Written comments received by Sept. 4, 2018 will be included in the board packets. All written and verbal comments are welcome and will be forwarded to the Board for their consideration. Comments may be mailed to Lake County Planning Dept, 106 4th Ave E, Polson, MT 59860 or faxed: 406-883-7205 or e-mailed: planning@lakemt.gov Published on August 23, 2018. MNAXLP
After Recording Return To: Mackoff Kellogg Law Firm 38 2nd Ave E Dickinson, ND 58601 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on October 3, 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 2 of White Coyote Minor Subdivision Plat, A subdivision located in Lake County, Montana, according to the map or plat thereof on file in the office of the Clerk and Recorder of Lake County, Montana. Kathryn M. Bozich, as Grantor(s), conveyed said real property to secure an obligation owed to JPMorgan Chase Bank, N.A., as Beneficiary, by Deed of Trust The beneficial interest is currently held by MTGLQ Investors, LP. First American Title Company of Montana, Inc., is currently the Trustee. The beneficiary has declared a default in the terms of said Deed of Trust by failing to make the monthly payments beginning September 1, 2016, 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 March 6, 2018 is $286,644.58 principal, interest totaling $17,994.78, escrow advances of $10,280.22 and other fees and expenses advanced of $193.50, 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. dated on June 6, 2008, and recorded on June 9, 2008 as Document No. 489927. Modification agreement recorded 3/9/2009 under document number 496284. 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: May 25, 2018 Kaitlin Ann Gotch 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 25th day of May, 2018, before me, a notary public in and for said County and State, personally appeared Kaitlin Ann Gotch, 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. Rae Albert Notary Public Bingham County, Idaho Commission expires: 09/06/2022 Rushmore Loan Management Services vs KATHRYN M BOZICH 105235-1 Published on August 23, 2018, August 30, 2018, and September 6, 2018. MNAXLP
NOTIFICATION OF DISPOSITION OF COLLATERAL VIA PUBLIC SALE NOTICE IS HEREBY GIVEN that FARMERS STATE BANK, 3130 N. Reserve St., Missoula, MT 59808, the Secured Party, pursuant to the terms of a Security Agreement, have elected to sell the property described in this notice, on September 20, 2018, at 10:45 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 DEBTOR: Intermountain Oasis, Inc. and Helicraft Holdings, LLC DAY AND DATE: Thursday, September 20, 2018 or as soon thereafter as reasonably practicable TIME: 10:45 a.m. PLACE: Front steps of the Lake County Courthouse, 106 4th Ave. East, Polson, MT 59860 COLLATERAL DESCRIPTION: All of the Secured Party's right, title, and interest in the following personal property: NOTE: Farmers State Bank has not confirmed the condition, location, or existence of any of the Collateral. The sale will be of Farmers State Bank's interest, if any, in the Collateral "as is," "where is," and without warranty of any kind. NOTE: The personal property will be sold in one lot. The property will not be sold separately. Montana All-Alcoholic Beverages with Catering Endorsement License No. 15-865-3720-002 Montana Retail Off-Premises Consumption Beer and Wine License No. 15-999-3734-003 Any and all inventory, chattel paper, accounts, equipment, general intangibles, instruments, and fixtures located in the buildings at 77529 US Hwy 93, St. Ignatius, MT 59865, which may include, but is not limited to, the following: 4 - 21/2 x 4 tables 20 - stools 2 - TVs 1 - Flat screen monitor 1 - Majic Cheff Cooler 1 - 3 compartment cooler 1 - 2 compartment cooler 1 - beer tap 1 - 3 bay commercial sink 1 - ice holder/chiller/well drink holder 1 - cash register 1 - microwave 1 - time clock 1 - blender 3 - mirrors 1 - alarm system 80 - chairs 1 - ice cream chest 1 - nacho cheese warmer 1 - storage rack 1 - 12' counter with soda machine 1 - commercial mop and pail 3 - picnic tables 1 - file cabinet 1 - greeting station 2 - 3com cash register with computer 1 - commercial popcorn popper 1 - true commercial double door cooler 1 - true commercial freezer 1 - double door beverage air cooler 4 - commercial bakers racks 1 - commercial mixer with stand 1 - double door warmer 1 - NUVU double stacked prime rib ovens 1- Star commercial grill 2 - commercial fryers 1 - cooler single door 1 - Vulcan commercial oven 1 - true commercial double door cooler 10 - assorted skillets 1 - large kettle 1 - commercial Kidde fire suppression system 3 - commercial storage racks 1 - commercial stainless steel sink 1- mud room sink 1 - roller storage rack 1 - commercial sink (small) 3 - commercial wine storage racks 1 - safe 1 - commercial Giles chicken rotisserie oven 1 - Manitowoc ice machine 14 - 4x3 tables 8 - 8 x 21/2 tables 1 - 20' commercial half freezer/half cooler Commercial keg cooler 1 - commercial walk-in freezer 1 - imperial commercial gas oven/stove 1 - commercial double door cooler 1 - commercial sink 1 - Norlake cooler with Storage top 1 - Majic Cheff Cooler 1 - range hood 1 - commercial ice cream machine 1- freeze drink machine 1 - commercial blender 1 - shelf display 1 - 12x10 walk in cooler 4 - display racks 1 - alarm system 1 - telephone 1 - glass display case 2 - ice tea dispensers 1 - Storage and check out counter Assorted pans, plates, silverware, cups, glasses, bowls, storage containers Assorted beds, bedding, tvs, telephones, and furniture In addition, the word "Collateral" also includes all the following, whether now owned or hereafter acquired, whether now existing or hereafter arising, and wherever located: (A) All accessions, attachments, accessories, tools, parts, supplies, replacements of and additions to any of the collateral described herein, whether added now or later. (B) All product and produce of any of the property described in this Collateral section. (C) All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of a sale, lease, consignment or other disposition of any of the property described in this Collateral section. (D) All proceeds (including insurance proceeds) from the sale, destruction, loss, or other disposition of any of the property described in this Collateral section, and sums due from a third party who has damaged or destroyed the Collateral or from that party's insurer, whether due to judgment, settlement or other process. (E) All records and data relating to any of the property described in this Collateral section, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with all of Grantor's right, title, and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media. RIGHT TO CURE: The Secured Party, successor in interest to the Secured Party or any other person having an interest in the aforesaid property, at any time prior to the public sale, may pay to the present Secured Party the entire amount then due under the Security Agreement 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 3rd day of August, 2018. WORDEN THANE P.C. Attorneys for Farmers State Bank By:/s/ Sean Morris Sean Morris Worden Thane P.C. P.O. Box 4747 Missoula, MT 598064747 (406) 721-3400 Published on August 9, 2018, August 16, 2018, and August 23, 2018. MNAXLP