Legals September 20, 2018
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 Close of Regular Voter Registration and Option for Late Registration Notice is hereby given that regular* registration for the Federal General Election and the K-12 School District No. 28 (St. Ignatius) Bond Election to be held on November 6, 2018 will close at 5:00 p.m., on October 9, 2018. *NOTE: If you miss this regular registration deadline, you may still register for the election by showing up at the Lake County Election Office up to and including on Election Day. Between noon and the close of business on the day before Election Day, you can complete and submit a voter registration card, but you will need to return to the local election office on Election Day to pick up and vote a ballot. All active and inactive electors of Lake County are entitled to vote at said election. Inactive electors may reactivate by appearing at the polling place in order to vote, by requesting an absentee ballot in any election, or by notifying the County Election Administrator in writing of the elector's current address in the county. Persons who wish to register and who are not presently registered may do so by requesting a form for registration by mail or by appearing at the county election office. If you have moved, please update your registration information by filling out a new voter registration card and submitting it to the county election office. DATED this 22nd day of August, 2018. /s/Katie Harding Election Administrator Lake County, Montana Published on September 13, 2018, September 20, 2018, and September 27, 2018. MNAXLP
LEGAL NOTICE On Wednesday, Oct. 10, 2018 at 4:00 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: STEPHENSON VARIANCE REQUEST Hans Lund of Traditional Homes, on behalf of Jeffrey and Julie Stephenson, is requesting an after-the-fact variance to the side property line setback within the Finley Point Zoning District, Sub-district D, Finley Point Lakeshore. The requested variance to reduce the setback is in regard to the eaves of a recently constructed residence that extend into the setback. The 2.03-acre property is located at 31444 N Finley Point Road, and is legally described as Lot A of Andersons Addition, a subdivision located within Section 18, T23N, and R19W. SMITH VARIANCE REQUEST Jeremy & Jennifer Smith are requesting a variance approval within the East Shore Zoning District, to allow for construction of a two car garage within the rear property line setback. The 0.64-acre parcel is currently developed with a single family residence and guest house. The subject property is located at 19650 MT HWY 35, Bigfork, MT 59911 and is legally described as a portion of Lot 25 of Flathead Lakeshore Tracts and is located in Section 9 of T25N, R19W. COLE VARIANCE REQUEST Carstens and Associates on behalf of Perry J. & Mary J. Cole, are requesting a variance approval within the Finley Point Zoning District, Sub-District D, to allow for the construction of an upper level bedroom above a legally nonconforming garage structure which is within the side property line setback. The 0.5-acre parcel is currently developed with a single family residence and garage. The subject property is located at 34154 Caraway Lane, Polson MT 59860 and is legally described as Tract B of COS 4678 and is located in Section 7 of T23N, R19W. KASKI VARIANCE REQUEST Mark and Ulla Kaski are requesting a variance to the Upper West Shore Zoning Regulations for reconstruction of a single family residence within the setback to a public road. The request is associated with an existing nonconforming single family residence built on the property line. Any structure built within 20 feet from any public road (right-of-way or driving surface, whichever is greater) requires a variance. The 0.62-acre property is located at 21731 Rollins Lakeshore Drive and is legally described as Lot 4A of the Amended Plat of Lots 3 & 4 Warren & Ekmans Crescent Beach Lots and Lots 3 & 4 Crescent Beach, Section 29, T25 N, R20 W. Information regarding the agenda items is available at the Lake County Planning Dept, Rm 315 of the Lake County Courthouse. Written comments received by Oct. 1, 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 Oct. 1 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 September 20, 2018. MNAXLP
LEGAL NOTICE The City County Planning Board will hold a public hearing on Tuesday, Oct. 9, 2018 at 6:00 pm in the Polson City Hall Council Chambers. Agenda items include: TEXT AMENDMENT TO LAKE COUNTY'S POLSON DEVELOPMENT CODE Lake County is proposing a zoning text amendment to Lake County's Polson Development Code (PDC). The proposal includes amendments to the administrative and enforcement procedures, making various clarifications and typographical corrections, adding an appendix to address vacation rentals, updating the PDC to be more in line with other County Zoning and the City of Polson's 2016 PDC update, and replacing references to the Polson Master Plan with "2018 Lake County Growth Policy". The County would also like to address the use of guest houses, detached accessory apartments, and RVs within the Polson City/County Planning Area. The subject area impacted by the proposed amendments includes all areas outside of the Polson City Limits that are subject to Lake County's Polson Development Code 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 Oct. 1, 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 Oct. 1 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 September 20, 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 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on October 31, 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 11 OF PINEWOOD ADDITION TO PABLO, MONTANA, AMENDED, 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. Tina M. Baltz, as Grantor(s), conveyed said real property to Ticor Title, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., solely as nominee for Taylor, Bean & Whitaker Mortgage Corp., as Beneficiary, by Deed of Trust dated on November 6, 2008, and recorded on November 18, 2008 as Document No. 493749. The beneficial interest is currently held by Specialized Loan Servicing LLC. 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 30, 2018 is $191,470.43 principal, interest totaling $14,801.73 late charges in the amount of $804.59, escrow advances of $5,488.83, suspense balance of $-964.58 and other fees and expenses advanced of $19,465.79, 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: June 8, 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 8th day of June, 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: 9/6/2022 SPECIALIZED LOAN SERVICING vs TINA M BALTZ 102627-2 Published on September 13, 2018, September 20, 2018, and September 27, 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
NOTICE OF TRUSTEE'S SALE NOTICE IS HEREBY GIVEN by KARL K. RUDBACH, as successor Trustee, of the public sale of the real property hereinafter described pursuant to the "Small Tract Financing Act of Montana" (Section 71-1-301, et seq., MCA). The following information is provided: NAME OF THE GRANTOR, TRUSTEE, AND ORIGINAL BENEFICIARIES IN THE TRUST INDENTURE, AND THE NAME OF ANY SUCCESSOR TRUSTEE AND SUCCESSOR BENEFICIARIES: Grantor/Debtor: James G. Phillips Original Trustee: Lake County Abstract Successor Trustee: Karl K. Rudbach, an attorney licensed to practice law in the State of Montana, by Substitution of Trustee dated August 20, 2018 and recorded August 23, 2018 under Microfilm No. 564419, records of the Clerk and Recorder of Lake County, Montana (the "Trustee") Beneficiary: Whitefish Credit Union DESCRIPTION OF THE PROPERTY COVERED BY THE TRUST INDENTURE (the "Premises"): Lot 12 of Block 2 of the Central Addition to the City of Polson, Lake County, Montana, according to the plat thereof on file and of record in the Office of the Clerk and Recorder of Lake County, Montana. RECORDING DATA FOR THE TRUST INDENTURE: The instrument under which this sale is to be conducted is that certain Real Estate Trust Indenture dated June 13, 2007, which was recorded June 19, 2007, under Microfilm No. 480730, records of the Clerk and Recorder of Lake County, Montana, and modified by that certain Modification Agreement dated March 13, 2008, which was recorded March 17, 2008, under Microfilm No. 487663, records of the Clerk and Recorder of Lake County, Montana. DEFAULT FOR WHICH FORECLOSURE IS MADE: The default for which this foreclosure is made consists of a failure by the Grantor or any person to pay the principal balance and all accrued but unpaid interest upon the loan when the loan matured on April 3, 2018. This obligation is set forth in a June 13, 2007 Promissory Note in the amount of $64,538.44 with Whitefish Credit Union as Lender and James G. Phillips as the Borrower which was replaced by a March 13, 2008 Promissory Note in the amount of $62,858.62 and modified by a January 3, 2011 Loan Modification/Renewal Agreement and by a July 20, 2015 Change In Terms Agreement for which for which that Real Estate Trust Indenture dated June 13, 2007, which was recorded June 19, 2007, under Microfilm No. 480730, records of the Clerk and Recorder of Lake County, Montana, and modified by that certain Modification Agreement dated March 13, 2008, which was recorded March 17, 2008, under Microfilm No. 487663, records of the Clerk and Recorder of Lake County, Montana, was given as security. SUM OWING ON OBLIGATION SECURED BY THE TRUST INDENTURE: There is presently due on the obligations secured by the Real Estate Trust Indenture the principal sum of $53,982.96 and accrued but unpaid interest of $1,620.28 through August 24, 2018 for a total owing as of August 24, 2018 of $55,603.24. This amount has continued to increase and will continue to increase at the daily rate of $9.5395 until paid in full. In addition, the Beneficiary intends to disburse such amounts as may be required to preserve and protect the Premises, and for real property taxes and assessments that may become due or delinquent, unless such amounts or taxes are paid by the Grantor. If such amounts are paid by the Beneficiary, the amounts, taxes or assessments will be added to the obligation secured by the Trust Indenture. Other expenses to be charged against the proceeds of the sale include the trustee's and attorney's fees, costs and expenses of sale and other late charges, if any. ELECTION TO SELL: The Beneficiary has elected and directed in writing the Trustee to sell the Premises above described at public sale to the highest qualified bidder to satisfy the aforesaid obligations. DATE AND TIME OF SALE: The sale will be held on January 8, 2019 at the hour of 10:00 o'clock a.m. PLACE OF SALE: The sale will be held at the front door of the Lake County Courthouse, 106 Fourth Avenue East, Polson, Montana. TERMS OF SALE: This sale is a public sale and any person including the Beneficiary (excepting only the undersigned Trustee) may bid at the sale. The bid price must be paid 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, or other environmental or health hazards. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale. RIGHT TO CURE: The Grantor, successor in interest to the Grantor or any other person having an interest in the aforesaid 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 Trust Indenture 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 August 28, 2018. /s/Karl K. Rudbach KARL K. RUDBACH, Trustee STATE OF MONTANA County of Flathead This instrument was signed before me on the 28th day of August, 2018 by Karl K. Rudbach, Successor Trustee. /s/ Jody L. Baiar Notary Public for the State of Montana Residing in Columbia Falls, MT My Commission Expires December 13, 2019 Published on September 13, 2018, September 20. 2018, and September 27, 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