Legals October 4, 2018
Notice to Creditors Probate Cause No. 18-410-P The Confederated Salish and Kootenai Tribal Court of the Flathead Reservation, Pablo, Montana In Re the Matter of the Estate of: Francis E. Burke Sr. Notice is hereby given that the undersigned, Bonnie Asencio, 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 the 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 26 of Sept., 2018. /s/ Bonnie Asencio Personal Representative Address: Bonnie Asencio P.O. Box 389 Pablo, MT 59855 Published on October 4, 2018, October 11, 2018, and October 18, 2018. MNAXLP
Notice of Public Hearing Notice is hereby given that the Polson City Commission will on Monday, the 15th day of October, 2018, at 6:30 p.m. in the Polson City Hall, 106 1st Street East, Polson, Montana, hold a public hearing for the purpose of: 1) a time extension request to the Ridgewater subdivision; and 2) proposed amendments to the Ridgewater subdivision. Cougar Ridge Development, LLC of Polson is requesting a time extension for the Ridgewater subdivision and proposing amendments to the Ridgewater subdivision conditions of approval. The subject subdivision is 212 acres in size containing five zoning districts. A map of the subject subdivision can be found on the City of Polson website: www.cityofpolson.com/planning/page/public-notice. The Polson City Commission will take public testimony and review the proposed amendments and time extension request. Following public testimony, the City Commission will vote to approve, conditionally approve, or deny the proposed amendments and time extension request. This public notice is made pursuant to 76-3-605 MCA. Contact the City of Polson Planner at 106 1st Street East, Polson, Montana 59860; by email at cityplanner@cityofpolson.com; or call 406-883-8213 to obtain further information. Contact the Polson City Clerk at Polson City Hall, 106 1st Street East, Polson, Montana, 59860; by email at cityclerk@cityofpolson.com; or call 406-883-8203 to request an accommodation. Cora Pritt Polson City Clerk Polson, MT Published on September 27, 2018, October 4, 2018, and October 11, 2018. MNAXLP
Notice of Public Hearing Notice is hereby given that the Polson City-County Planning Board will on Tuesday, the 9th day of October, 2018, at 6:00 p.m. in the Polson City Hall, 106 1st Street East, Polson, Montana, hold a public hearing for the purpose of proposed amendments to the Ridgewater subdivision. Cougar Ridge Development, LLC of Polson is proposing amendments to the Ridgewater Subdivision conditions of approval. The subject subdivision is 212 acres in size containing five zoning districts. A map of the subject subdivision can be found on the City of Polson website: www.cityofpolson.com/planning/page/public-notice. The Polson City-County Planning Board will take public testimony and review the proposed amendments. The Board will forward a recommendation to the Polson City Commission for a Public Hearing on Monday, October 15th. This public notice is made pursuant to 76-3-605 MCA. Contact the City of Polson Planner at 106 1st Street East, Polson, Montana 59860; by email at cityplanner@cityofpolson.com; or call 406-883-8213 to obtain further information. Contact the Polson City Clerk at Polson City Hall, 106 1st Street East, Polson, Montana, 59860; by email at cityclerk@cityofpolson.com; or call 406-883-8203 to request an accommodation. Dated at Polson, Montana this 10th day of September, 2018. Cora Pritt Polson City Clerk Polson, MT Published on September 20, 2018, September 27, 2018, and October 4, 2018. MNAXLP
NOTICE OF PUBLIC HEARING ON FY18 BUDGET AMENDMENTS The Polson City Commission will conduct a public hearing on October 15, 2018 at 7:00 pm in the City Hall Commission Chambers for the purpose of amending the FY 2017-2018 budget pursuant to Montana law at MCA 7-6-4021. Any taxpayer or resident may appear at the meeting and be heard for or against any part of the proposed budget amendments. The City Commission will take action immediately following the public hearing to approve the resolution to amend the fiscal year 2017-2018 budget. The proposed budget amendments are on file and open to inspection in the office of the City Clerk at City Hall, 106 1st St. East, Polson, Montana. The proposed budget amendments may also be found on the City's website at http://www.cityofpolson.com. Please contact Cindy Dooley, Finance Officer at 883-8204 for additional information. Published on October 4, 2018 and October 11, 2018. MNAXLP
NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on November 8, 2018, 09:00 AM at the main entrance of 106 Fourth Avenue East, Polson, MT 59860, the following described real property situated in Lake County, State of Montana: The North half of Lots 1 and 2 in Block 3 of Clairmont's Addition to the City of Ronan, a Platted Subdivision in Lake County, Montana, according to the Official Plat thereof. More commonly known as 603 Dayton Street Southwest, Ronan, MT 59864. Bradley P. Wirz and Sandra M. Wirz, as Grantors, conveyed said real property to First American Title Company, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as nominee for Wilmington Finance, a division of AIG Federal Savings Bank, its successors and assigns, by Deed of Trust on June 23, 2005, and filed for record in the records of the County Clerk and Recorder in Lake County, State of Montana, on July 8, 2005 as Instrument No. 459945, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2005-4 Assignment Dated: December 31, 2013 Assignment Recorded: January 17, 2014 Assignment Recording Information: as Instrument No. 533259 Assignee: The Bank of New York as Trustee for Equity One Inc., Mortgage/Pass trhough certificate series #2005-4 Assignment Dated: September 20, 2007 Assignment Recorded: November 5, 2007 Assignment Recording Information: as Instrument No. 484465 Assignee: The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2005-4 Assignment Dated: February 2, 2009 Assignment Recorded: February 18, 2009 Assignment Recording Information: as Instrument No. 495805 All in the records of the County Clerk and Recorder for Lake County, Montana Benjamin J. Mann is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Lake County, State of Montana, on May 8, 2018 as Instrument No. 561975, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to Grantor's failure to make monthly payments beginning November 1, 2007, 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. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable. The total amount due on this obligation is the principal sum of $108,669.73, interest in the sum of $101,796.86, escrow advances of $25,545.63, other amounts due and payable in the amount of $26,983.54 for a total amount owing of $262,995.76, plus accruing interest, late charges, and other fees and costs that may be incurred or 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 Grantor. 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, has the right, at any time prior to the Trustee's Sale, to 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 by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee's and attorney's fees. In the event that all defaults are cured the foreclosure will be dismissed and the foreclosure sale will be canceled. The scheduled Trustee's Sale may be postponed by public proclamation up to 15 days for any reason. 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. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse. This is an attempt to collect a debt and any information obtained will be used for that purpose. Dated this 21st day of September, 2018. Benjamin J. Mann, Substitute Trustee 376 East 400 South, Suite 300, Salt Lake City, UT 84111 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. 52464 Published on September 27 and October 4, October 11, 2018. MNAXLP
RESOLUTION 18-40 Resolution of Intent to Raise Speed Limit to 45 MPH on Portions of Skyline Drive and Caffrey Road WHEREAS, the portions of Skyline Drive and Caffrey Road described in this resolution are County maintained roads; and, WHEREAS, Montana Codes Annotated 7.14.2113 establishes the authority of County Commissioners to set speed limits on Lake County roads; and, WHEREAS, the Lake County Commissioners have received a petition signed by more than ten freeholders in Lake County as required by Montana Code Annotated 7.14.2601; and, WHEREAS, the Lake County Commissioners have conducted a speed study ; and, WHERES, the affected portion of Skyline Drive is located south of the bridge past the Pablo Feeder Canal at the point where county maintenance of Skyline Drive begins, to the intersection of Skyline Drive and North Reservoir Road, a distance of approximately 1.65 ; and that portion of Caffrey Road from the intersection of Skyline Drive and New Highway 93, a distance of approximately 1miles. THEREFORE, Lake County Commissioners will hold a public hearing in the Commissioners' Chambers in the Lake County Courthouse on Wednesday October 10, 2018 at 11:00 am to take public comment regarding this proposed Resolution of Intention. BE IT RESOLVED THIS 24th day of September, 2018. BOARD OF LAKE COUNTY COMMISSIONERS /s/ Gale Decker, Chairman /s/ Dave Stipe, Member /s/ William D. Barron, Member Attest: /s/ Paula A. Holle, Clerk & Recorder Published on September 27, 2018, and October 4, 2018. MNAXLP
PUBLIC NOTICE The Board of Lake County Commissioners did August 8, 14, 15, 22, 30, and September 7, and 11, 2018 approve claims for payment in the amount of $1,486,594.82 for the period of August 1, 2018 through August 31, 2018. The full and complete claims lists are available for public review in the Courthouse in the Clerk and Recorder's Office. Individual requests for personal copies will be accepted by the Clerk and Recorder, Lake County Courthouse, Polson, MT. Signed this 28th day of September, 2018. BOARD OF LAKE COUNTY COMMISSIONERS /s/ Gale Decker, Chairman Published on October 4, 2018. MNAXLP
PUBLIC NOTICE The Board of Lake County Commissioners did July 3, 19, 20, 25, 26, and August 2, 2018 approve claims for payment in the amount of $956,542.55 for the period of July 1, 2018 through July 31, 2018. The full and complete claims lists are available for public review in the Courthouse in the Clerk and Recorder's Office. Individual requests for personal copies will be accepted by the Clerk and Recorder, Lake County Courthouse, Polson, MT. Signed this 28th day of September, 2018. BOARD OF LAKE COUNTY COMMISSIONERS /s/ Gale Decker, Chairman Published on October 4, 2018. MNAXLP
LEGAL NOTICE The Board of Lake County Commissioners will hold a public hearing on Wednesday, October 24, 2018 at 2:00 pm in the Office of the Lake County Commissioners, Room 211 of the Lake County Courthouse on the following item: RESOLUTION OF INTENTION TO ADOPT A RIGHT TO FARM AND RANCH POLICY The Lake County Board of Commissioners will meet to consider a resolution of intention to adopt a Right to Farm and Ranch Policy. The proposed policy states, "...ranching, farming, horticulture, silviculture, apiculture, aquaculture, aviculture, and all manner of new and existing agricultural activities and operations in Lake County are integral elements of and necessary for the continued vitality and viability of the County's history, economy, landscape, open space, wildlife, lifestyle, tradition, and culture. Given their importance to the County, the State of Montana, and the Flathead Indian Reservation, agricultural lands and associated operations are worthy of recognition and protection". Upon being adopted, the policy would be used as an advisory document for land use, capital improvements planning, infrastructure, and development in Lake County. The subject area includes lands located within the exterior boundaries of Lake County that are under Lake County's jurisdiction. The proposed Right to Farm and Ranch Policy information is available at the Planning Dept, Rm 315 of the Lake County Courthouse. The Board of Commissioners will receive written and verbal comments up to the date of the scheduled public hearing. 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 October 4, 2018. MNAXLP
LEGAL NOTICE Lake County has received the following floodplain development permit application and is accepting comments on the proposal: REHBEIN FLOODPLAIN DEVELOPMENT PERMIT APPLICATION William Buxton and Carstens & Associates, on behalf of Douglas and Annette Rehbein, have applied for a floodplain development permit within the 100-year floodplain of Flathead Lake, located at 40922 Acacia Lane, Polson. The proposal includes a 97-foot concrete seawall, expanding over two lots, with a total of 40.2 cubic yards of fill within the 100-year floodplain associated with Flathead Lake. The two properties are approx. 0.486 acres and are legally described as Lots A-1 and B-1 of the Amended Plat of Lots A and B of Murphy's Plat of Acacia, a subdivision located within Section 25 of T24N, R20W. 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 October 19, 2018. 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 October 4, 2018. MNAXLP
LEGAL NOTICE Lake County has received the following floodplain development permit application and is accepting comments on the proposal: NELSON FLOODPLAIN DEVELOPMENT PERMIT APPLICATION Rob Smith, from A2Z Engineering, on behalf of Russel Nelson, has applied for an after-the-fact floodplain development permit to use fill to elevate an area proposed as a building site for a new cabin within the 100-year floodplain associated with Swan Lake. The project includes 35 cubic yards of fill being used to elevate the proposed building site. The subject property is legally described as Unit 12 of Birch Glenn, as shown on Deed Exhibit H-1686, located within Section 14 of T25N, R18W. 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 October 19, 2018. 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 October 4, 2018. MNAXLP
In The 20th Judicial District Court of Lake County State of Montana In Re the Matter of the Estate of: David Roy Lawrence, Deceased Cause No. DP 18-44 Dept. No Notice to Creditors Notice is hereby given that the undersigned, Amanda Lawrence, 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 the Personal Representative, return receipt requested, or to the Clerk of Court of the above entitled court. Dated this 9th day of August, 2018. /s/ Amanda Lawrence Personal Representative Address: Amanda Lawrence P.O. Box 5321 Evergreen, MT 59903-5321 Published on September 20, 2018, September 27, 2018, and October 4, 2018. MNAXLP
After Recording Return To: Mackoff Kellogg Law Firm 38 2nd Ave E Dickinson, ND 58601 681960/681846MTS NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on December 4, 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 A (Mortgage Survey) of the Amended Plat of Portions of Lots 3 and 4, Block 2 of Shore Acres, a subdivision of Lake County, Montana, according to the map or plat thereof on file in the office of the Clerk and Recorder of Lake County, Montana. Anthony C. Welzenbach, as Grantor, conveyed said real property to Lake County Abstract, as Trustee, to secure an obligation owed to Guild Mortgage Company, as Beneficiary, by Deed of Trust dated February 24, 2010, and recorded on March 1, 2010 as Document No. 505265. The beneficial interest is currently held by Nationstar HECM Acquisition Trust 2017-2, Wilmington Savings Fund Society, FSB, not individually, but solely as trustee. 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 due to death. The total amount due on this obligation as of May 31, 2018 is $390,173.24 principal, interest totaling $242,265.44, mortgage insurance premiums of $21,246.67, and other fees and expenses advanced of $15,210.08, 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: July 26, 2018. /s/ 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 26 day of July, 2018, before me, a notary public in and for said County and State, personally appeared Kaitlin Ann Gotch, known 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 she executed the same. (SEAL) /s/ Rae Albert Notary Public Bingham County, Idaho Commission expires: 9-6-2022 Champion Mortgage LLC vs Anthony C. Welzenbach 101827-2 Published on September 20, 2018, September 27, 2018, and October 4, 2018. MNAXLP
INVITATION TO BID Sealed bids will be received until the closing time of 2:00 p.m. on OCTOBER 4, 2018, and will be publicly opened and read aloud in the offices of the Architecture & Engineering Division, 1520 East Sixth Avenue, Rm. 33 (P.O. Box 200103), Helena MT 59620-0103, for: REROOF POLSON JOB SERVICE, DEPT. OF LABOR & INDUSTRY, POLSON, MONTANA, A/E #2018-42-01A. Bids shall be submitted on the form provided within the Contract Documents. Contract documents may be obtained from: ARCHITECTURE & ENGINEERING DIV. 1520 E. SIXTH AVE., Rm. 33 59601 P.O. Box 200103 HELENA MT 59620-0103 RICK HILMES, Architect rhilmes@mt.gov; Hilmes 406 431-8447, Helena ofc 406 444-3104 A refundable deposit of $50.00 is required for each plan set. A PRE-BID WALK-THROUGH IS SCHEDULED FOR TUESDAY, SEPTEMBER 25, 2018, at 2:00 p.m. PARTICIPANTS SHOULD MEET at the POLSON JOB SERVICE, DEPT. OF LABOR & INDUSTRY, 417 B MAIN ST (406) 883-7881. ATTENDANCE IS STRONGLY RECOMMENDED. Bids must be accompanied by a bid security meeting the requirements of the State of Montana in the amount of 10% of the total bid. After award, the successful bidder must furnish an approved Performance Security and a Labor & Material Payment Security each in the amount of 100% of the contract. No bidder may withdraw his bid for at least thirty (30) calendar days after the scheduled time for receipt of bids except as noted in the Instructions to Bidders. The Owner reserves the right to reject any or all bids and to waive any and all irregularities or informalities and the right to determine what constitutes any and all irregularities or informalities. ARCHITECTURE & ENGINEERING DIVISION DEPT. OF ADMINISTRATION STATE OF MONTANA Published on September 20, 2018, September 27, 2018, and October 4, 2018. MNAXLP