Legals March 8, 2018
William M. Solem BURNS, SOLEM & MacKENZIE 411 Ohio - P.O. Box 248 Chinook, Montana 59523 Telephone: (406) 357-2217 Facsimile: (406) 357-2884 Email: william@cpalaw-chinook.com Attorney for Personal Representative Montana Twentieth Judicial District Court, Lake County In the Matter of the Estate of Anna Lee Dwyer, same person as Anna Anna Dwyer and Anna Golterman Dwyer Deceased. Probate No. DP2018-8 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 (4) months after the date of the first publication of this notice or said claims will be forever barred. Claims must be mailed to Timothy John Dwyer, same person as Timothy J. Dwyer, the Personal Representative, return receipt requested, c/o Burns, Solem & MacKenzie, P.O. Box 248, Chinook, Montana 59523, or filed with the Clerk of the above-entitled Court. Dated this 22nd day of February 2018. /s/ Timothy J Dwyer Timothy John Dwyer, same person as Timothy J. Dwyer Personal Representative's Attorney /s/ William M. Solem William M. Solem Published on March 1, 2018, March 8, 2018, and March 15, 2018. MNAXLP
The Honorable Judge of Tribal Court Confederated Salish and Kootenai Tribes PO 278 Pablo, MT 59855 In the Tribal Court of the Confederated Salish and Kootenai Tribes of the Flathead Reservation Eagle Bank Plaintiff vs. Corinna Morigeau Defendant Cause No. 17-047-SC Summons For Publication To the Above Named Defendant: You are hereby directed to appear and answer the above-captioned complaint filed against you in Tribal Court in the Tribal Complex at Pablo, MT, on the 14 day of March, 2018, at 9:00 or as soon thereafter as the matter may be heard, and to have with you all books, papers, and other evidence, as well as witnesses, you may need in presenting your defense and/or in proving your counterclaims. IF YOU FAIL TO APPEAR AT THE APPOINTED TIME, A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU FOR THE ENTIRE AMOUNT DEMANDED IN THE COMPLAINT IN THE AMOUNT OF $438.70 PLUS THE COSTS OF BRINGING SUIT. You are hereby further notified that, within 5 days (excluding weekends and Tribal holidays) of the last date of this publication, you may request that this case be removed from the Small Claims Division and transferred to the civil trial court in Tribal Court to be formally heard under the law and procedure provided under Tribal law. You may seek legal advice in deciding how to proceed. GIVEN under my hand this 15 day of February, 2018. /s/ Bev Walli Clerk of Court (SEAL) Published on March 1, 2018, March 8, 2018, and March 15, 2018. MNAXLP
Notice to Creditors Probate Cause # 17-613-P The Confederated Salish and Kootenai Tribal Court of the Flathead Reservation, Pablo, Montana In Re the Matter of the Estate of: Evelena Garcia Notice is hereby given that the undersigned, Donald Garcia, 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 5 of March, 2018. /s/ Donald Garcia Personal Representative Address: Donald Garcia 20085 Hwy 93 N Missoula, MT 59808 Published on March 8, 2018, March 15, 2018, and March 22, 2018. MNAXLP
Scott W. Farago, ESQ. GARLINGTON, LOHN & ROBINSON, PLLP 350 Ryman Street P. O. Box 7909 Missoula, MT 59807-7909 Telephone (406) 523-2500 Telefax (406) 523-2595 swfarago@garlington.com Attorneys for Personal Representative MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN THE MATTER OF THE ESTATE OF CHRISTINE P. MILROY, Deceased. Dept. No. 2002 Cause No. DP-18-7 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 KEN WORTHEN, the Personal Representative, return receipt requested, c/o Garlington, Lohn & Robinson, PLLP, P.O. Box 7909, Missoula, Montana 59807, or filed with the Clerk of the above-entitled Court. I declare under penalty of perjury under the laws of the State of Montana that the foregoing is true and correct. SIGNED this 21 day of February, 2018. /s/ Ken Worthen Ken Worthen Personal Representative /s/ Scott W. Farago Scott W. Farago Attorney for the Personal Representative Published on March 1, 2018, March 8, 2018, and March 15, 2018. MNAXLP
Scott M. Svee JACKSON MURDO & GRANT, P.C. 203 North Ewing Street Helena, MT 59601 Tel: (406) 442-1300 Fax: (406) 443-7033 E-mail: ssvee@jmgm.com Attorneys for Personal Representative MONTANA TWENTIETH JUDICIAL DISTRICT, LAKE COUNTY IN THE MATTER OF THE ESTATE OF ELLEN L. MARCURE, Deceased. Probate No. DP-18-6 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 first publication of this notice or said claims will be forever barred. Claims must either be mailed to Jeanine McCarthy, the Personal Representative, return receipt requested, at 203 N. Ewing Street, Helena, MT 59601, or filed with the Clerk of the above-entitled Court. DATED: February 14, 2018. /s/ Jeanine McCarthy Jeanine McCarthy, Personal Representative Published on February 22, 2018, March 1, 2018, and March 8, 2018. MNAXLP
Montana 20th Judicial District Court Lake County In the Matter of the Name Change of Dustan W. Cook; Dustan W. Cook, Petitioner Cause No.: DV-18-29 Dept. No.: Notice of Hearing on Name Change This is notice that Petitioner has asked the District Court for a change of name from Dustan Wayne Cook to Dusty Wayne Fitzpatrick. The hearing will be on 4/11/18 at 10:00 a.m. The hearing will be at the Courthouse in Lake County. Date: 2/16/18 James A. Manley Judge of District Court By: Deputy Clerk of Court Published on March 8, 2018, March 15, 2018, March 22, 2018, and March 29, 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 June 13, 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 9 OF BLOCK 16 OF PEND DE` OREILLE HEIGHTS ADDITION TO THE CITY OF POLSON, LAKE COUNTY, MONTANA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF LAKE COUNTY, MONTANA. TOGETHER WITH AN EASEMENT FOR GARAGE AS SET FORTH IN DEED RECORDED DECEMBER 20, 2004 UNDER MICROFILM NO. 454339, RECORDS OF LAKE COUNTY, MONTANA. Aaron K. Torgenrud and Sara M. Torgenrud, as Grantor(s), conveyed said real property to Fidelity title Agency of Lake County, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., solely as nominee for Mann Mortgage, LLC, its successors and assigns, as Beneficiary, by Deed of Trust dated on June 7, 2012, and recorded on June 7, 2012 as Document No. 521656. The beneficial interest is currently held by JPMorgan Chase Bank, National Association. 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 October 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 January 31, 2018 is $107,646.55 principal, interest totaling $5,718.80, escrow advances of $2893.61, suspense balance of $-0.38 and other fees and expenses advanced of $490.00, 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: February 6, 2018 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 6th day of February, 2018, 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 Aaron K. Torgenrud Sara M. Torgenrud 103665-1 Published on February 22 and March 1 and March 8, 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 June 29, 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: A tract, piece or parcel of land situate, lying and being in the SW1/4SW1/4 of Section 22, Township 23 North, Range 19 West, M.P.M., Lake County, Montana, more particularly described as follows: Commencing at a point on the westerly boundary line of the SW1/4SW1/4 of said Section 22, said point being 1035.6 feet North of the Southwest corner of the SW1/4 and the true point of beginning of the tract of land being described: thence N. 89°50`30" E., 1027.0 feet to a point. Said line being the northerly boundary line of that certain tract of land owned by Carol M. Scharper according to the official records of Lake County, Montana; thence N. 0°03` W. 297.6 feet to a point; thence S. 89°53` W. 1027.0 feet to the Westerly boundary line of the SW1/4SW1/4 of Section 22; thence S. 0°03` E. and along the westerly boundary line of the SW1/4SW1/4, 300.0 feet to the true point of beginning. EXCEPTING THEREFROM the Westerly 40.00 feet, more or less, of the above described tract of land which is to be used for Public Roadway purposes only. As shown and described on Deed Exhibit H-1229, on file in the office of the Clerk and Recorder of Lake County, Montana. Keya Dani McDonald Wiebe, as Grantor(s), conveyed said real property to Arthur F. Lamey, Jr. Esq., as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as nominee for Finance America, LLC, as Beneficiary, by Deed of Trust dated on November 23, 2004, and recorded on November 29, 2004 as Document No. 453759. The beneficial interest is currently held by US Bank National Association, as trustee for the Structured Asset Investment Loan Trust Mortgage Pass- Through Certificates, Series 2005-2. 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 August 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 January 12, 2018 is $286,907.92 principal, interest totaling $17,383.87, escrow advances of $4,204.62, late charges in the amount of $239.88, suspense balance of $-493.00 and other fees and expenses advanced of $15.00, 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: March 1st, 2018 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 1st day of March, 2018, 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. Shannon Gavin Notary Public Bingham County, Idaho Commission expires: 01/19/2024 Select Portfolio Servicing Inc. vs Keya Dani McDonald Wiebe Douglas Wiebe 103775-1 Published on March 8, 2018, March 15, 2018, and March 22, 2018. MNAXLP
PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE Mountain Meadows Bar & Grill, Inc. (Lyle and Annetta Wlkinson, Shareholders) has applied to transfer Montana All-Alcoholic Beverages License No. 15-999-3727-001 to be operated at Mountain Meadows Bar & Grill, 51017 Lake Mary Ronan Road, Proctor, Lake County. The public may protest this license transfer in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location (Lake), residents of adjoining Montana counties (Mineral, Sanders, Flathead, Missoula), and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor's full name, mailing address, and street address; (2) the license number (15-999-3727-001) and the applicant's name (Mountain Meadows Bar & Grill, Inc.); (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor's signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant's qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before March 19, 2018. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Proctor. All valid protestors will be notified of the hearing's time, date and location. Hearings typically are scheduled within 90 days. A protester's hearing testimony is limited to the grounds in the protester's letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Danette Tenneson, Compliance Specialist for the Department of Revenue's Liquor Control Division, at (406) 444-4332 or dtenneson@mt.gov. Published on March 1, 2018, and March 8, 2018. MNAXLP
Montana Twentieth Judicial District Court Lake County In the Matter of the Name Change of Kaelyn Rose Pilgrim-Smith Kaelyn Rose Pilgrim-Smith, Petitioner Cause No.: DV 18-9 Dept. No.: 1 Notice of Hearing on Name Change This is notice that Petitioner has asked the District Court for a change of name from Kaelyn Rose Pilgrim-Smith to Kaelyn Rose Smith. The hearing will be on April 11, 2018, at 10 a.m. at the Courthouse in Lake County. Published on March 8, 2018, March 15, 2018, March 22, 2018, and March 29, 2018. MNAXLP