Legals June 20, 2019
NOTICE OF TRUSTEE'S SALE OF REAL PROPERTY Notice of the sale of real property which is secured by a Deed of Trust is hereby given pursuant to the provisions of the "Small Tract Financing Act of Montana" (Section 71-1-301, et. seq., Montana Code Annotated). THE NAMES OF THE GRANTOR(S), TRUSTEE, THE BENEFICIARY IN THE DEED OF TRUST, ANY OF THE SUCCESSOR(S) IN INTEREST TO THE BENEFICIARY, AND ANY SUCCESSOR TRUSTEE(S) ARE: Grantor(s): John A. Dillard and Sharon P. Dillard, husband and wife as joint tenants Trustee: Lake County Abstract and Title Co. Beneficiary: Ronan State Bank Successor In Interest to the Beneficiary: Montana Board of Housing Successor Trustee: Burt W. Ward, Esq. THE DESCRIPTION OF THE PROPERTY COVERED BY THE DEED OF TRUST IS: The real property and its appurtenances in Lake County, Montana, more particularly described as follows: LOT 12 IN BLOCK 6 OF ORIGINAL TOWNSITE OF ST. IGNATIUS, 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. RECORDING DATA: The following instruments and documents have been recorded in the Clerk and Recorder's Office in Lake County, Montana on the date and in the place indicated. Deed of Trust dated August 30, 1996, and recorded August 30, 1996, in Microfilm No. 376471. Assignment of Deed of Trust dated August 30, 1996, and recorded August 30, 1996, under Microfilm No. 376472, wherein Ronan State Bank assigned its beneficial interest in the Deed of Trust to the Montana Board of Housing. Appointment of Successor Trustee dated April 23, 2019, wherein Burt W. Ward, Esq. was appointed Successor Trustee. THE DEFAULT FOR WHICH THE FORECLOSURE IS MADE IS: The nonpayment of the amounts due pursuant to the Note and the Deed of Trust both dated August 30, 1996, referred to above, including but not limited to the nonpayment of principal, interest, taxes, and reserves therefor. THE SUM OWING ON THE OBLIGATION SECURED BY THE DEED OF TRUST IS: Principal: $9,834.48 (the entire remaining balance of the aforesaid Note being declared immediately due and payable.) Interest: At the rate of 7.00% per annum from August 1, 2018. Others: All unpaid balances, including taxes and insurance together with all necessary expenses which may be incurred in collection, including a reasonable attorney's fee and all costs, fees and expenses, including costs of a foreclosure report, advertising and recording expense. THE SUCCESSOR IN INTEREST TO THE BENEFICIARY HEREBY ELECTS TO SELL THE PROPERTY TO SATISFY THE AFORESAID OBLIGATIONS. THE DATE, TIME, PLACE AND TERMS OF SALE ARE: Date: September 11, 2019. Time: 10:00 a.m., Mountain Standard Time or Mountain Daylight Time, whichever is in effect. Place: Inside the Main Entrance of the Lake County Courthouse located at 106 - 4th Avenue East, Polson, Montana. Terms: This sale is a public sale and any person, including the beneficiary, excepting only the Successor Trustee may bid at the sale. The bid price must be paid in cash. The conveyance will be made by Trustee's Deed. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale. If the sale is set aside for any reason, the purchaser at the sale shall be entitled only to a return of the deposit paid. The purchaser shall have no further recourse against the present beneficiary, the trustee or successor trustee, or against the beneficiary's attorney, or the trustee's attorney. 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 present 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 theretofore existing. DATED: April 23, 2019. MONTANA BOARD OF HOUSING By: /s/ Vicki Bauer Its: Homeownership Program Manager STATE OF MONTANA County of Lewis & Clark This instrument was acknowledged before me on April 23, 2019, by Vicki Bauer as Homeownership Program Manager of the Montana Board of Housing. /s/ Cindy A. Maxwell Printed Name: /s/ Cindy A. Maxwell Notary Public for the State of Montana (SEAL) Residing at East Helena, Montana My Commission Expires: May 09, 2022 Published on June 13, 2019, June 20, 2019, and June 27, 2019. MNAXLP
NOTICE TO CREDITORS Probate Cause No. 19-0145-P THE CONFEDERATED SALISH AND KOOTENAI TRIBAL COURT OF THE FLATHEAD RESERVATION, PABLO, MONTANA IN RE THE MATTER OF THE ESTATE OF: LOIS RENE SLATER Notice is hereby given that the undersigned, Kimberly Barber, 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 14 of May, 2019. Kimberly Barber Personal Representative Address: Kimberly Barber PO Box 693 Pablo, MT 59855 Published on June 6, June 13 and June 20, 2019. MNAXLP
REQUEST FOR BIDS Lake County Commissioners are requesting sealed bid proposals to provide pretrial case management services, pretrial defendant supervision, electronic monitoring services, data entry and case tracking. Successful bidder will communicate and coordinate with the Office of the State Court Administrator and other pilot counties, for a pilot project, beginning July 1, 2019 through June 30, 2020. Specifications, and bidding instructions are available at the Lake county Commissioners Office, 106 4th Avenue East, Polson, MT. Sealed Bids must be received by 12:00 pm on Monday July 1, 2019. Bids will be opened at 1:30 pm on Monday July 1, 2019 in the Commissioners chambers. Published on June 20, 2019, and June 27, 2019. MNAXLP
PUBLIC NOTICE The Board of Lake County Commissioners did April 5, 10, 17, May 1, and 8, approve claims for payment in the amount of $1,724,355.98 for the period of April 1, 2019 through April 30, 2019. 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 12thth day of June, 2019. BOARD OF LAKE COUNTY COMMISSIONERS /s/ Gale Decker Gale Decker, Chairman Published on June 20, 2019. MNAXLP
Notice is hereby given by the Lake County Election Administrator that an Irrigation District Election will be held on Tuesday, July 16, 2019 by mail ballot. Ballots will be mailed on June 26, 2019 to eligible electors within the Flathead, Jocko and Mission Irrigation Districts. Ballots may be mailed or returned to the Election Office at the Lake County Courthouse located at 106 4th Ave E, Polson, MT 59860 between the hours of 8:00 AM - 5:00 PM from June 26th -July 15th and 7:00 AM - 8:00 PM on Election Day, July 16th. Voted ballots must be in the Election Office by 8:00 PM in order to be counted. Electors will consider the following issues at the election: Flathead Irrigation District: Division Two - One (1) commissioner to be elected for a three (3) year term; Flathead Irrigation District: Division Four - One (1) commissioner to be elected for a three (3) year term; Jocko Irrigation District - Referendum for Joint Board; Mission Irrigation District - Referendum for Joint Board. Notice is hereby given that if there is a change in a designated agent, a new signed document must be presented to the district indicating the change. If a qualified elector or designated agent provides a valid change document to an irrigation district within the 13 days prior to and including election day, the district must provide to the elector or agent a notice, which the elector or agent may present to the election office. If the election office determines that the votes have not already been cast for the respective irrigable acres, the elector or agent may receive a ballot and cast the votes for those acres. The following events are open to the public and will occur at the Lake County Courthouse for the July 16th, 2019 Election. Ballots will be opened and hand counted at approximately 9:00 AM on July 16th by a board of Election Judges in the Large Conference Room, counting of provisional ballots will begin at 3:00 pm on July 22nd and the County Canvass will be held in the Commissioner Chambers at 10:00 am on July 23rd. DATED this 31st day of May 2019. /s/Katie Harding Election Administrator Lake County, Montana Published on June 6, June 13 and June 20, 2019. MNAXLP
LEGAL NOTICE On Wednesday, July 10, 2019 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: AKSHUN & AKSHUN INC CONDITIONAL USE REQUEST Jim Atkinson of J Designs, on behalf of Akshun & Akshun, Inc., is requesting conditional use approval to allow impervious surface areas covering between 15,001 and 20,000 square feet of the buildable area of the lot. The request is associated with construction of a second single family residence on the property. The +/-4.32-acre property is located at 31155 Finley Point Lane, in the Finley Point Zoning District, Sub-Unit D, and is legally described as a tract of land in Lot 8 of Section 7 of T23N, R19W, also shown on COS 2181. ERICKSON CONDITIONAL USE REQUEST Jeff Gallatin, on behalf of Joyce M. Erickson, is requesting a conditional use approval to allow impervious surface covering greater than 26 percent of the buildable area of a lot. The request is associated with construction of a single family residence. The 0.79-acre property is located at 40499 Stone Horse Drive in the Stone Ridge Estates Zoning District, Sub-Unit A, and is legally described as Lot 15 of Stone Ridge Ranch Phase One, located in Section 31 of T23N, R20W. CUNNINGHAM CONDITIONAL USE REQUEST Steven Cunningham is requesting a conditional use approval to allow impervious surface areas covering between 30% and 49% of the buildable area of the lot. The request is associated with construction of a garage on the property. The +/-0.634-acre property is located at 31155 Westside Drive North, in the Finley Point Zoning District, Sub-Unit D, and is legally described as Lot 14A of the Amended Plat of Lots 13 and 14 of Mellett Point, a subdivision located in Section 6, T23N, R19W. SCHIELE CONDITIONAL USE REQUEST Larry and Kathy Schiele are requesting a conditional use for the use of a temporary dwelling for a construction period not to exceed two (2) calendar years. The 14.61-acre subject property is located off of Big Lodge Road within the Upper West Shore Zoning District, Sub-Unit D: Lower Highway side, and is legally described as Parcel 5 of COS 6714 located in Section 19, T25N, R20W. COOK VARIANCE REQUEST Hu Beaver Builder Inc, on behalf of Joel D. & Sandra Cook, is requesting a variance to build a boat garage with accessory dwelling unit (guest house) within the side yard setback. The 1.24-acre (net above high water) property has an average width of approx. 175 feet resulting in a minimum side yard setback of 10% of the average lot width, and is located at 35120 Rocky Point Road within the Rural Residential Zoning District (RRZD) of the Polson City-County Planning Area of the Polson Development Code (PDC), and is legally described as Tract B of the Amended Plat of Tract-1 and a portion of Tract-2, Festvog's Villa Tracts Subdivision, located in Section 29, T23N, 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 July 1, 2019 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 July 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 June 20, 2019. MNAXLP
LEGAL NOTICE The Board of Lake County Commissioners will hold a public hearing on Wednesday July 17th, 2019 at 3:00 pm in the Office of the Lake County Commissioners, Room 211of the Lake County Courthouse on the following item: AMENDMENTS TO SWAN SITES ZONING MAP AND REGULATIONS Lake County is proposing a zoning map and text amendment to the Swan Sites Zoning District and Regulations. Map amendments include making corrections in Sections 13 and 14 within the zoning map boundaries. Text amendments to the regulations include various updates, clarifications and typographical corrections, as well as correcting the district and sub-district descriptions; adding language addressing land outside the district that is added to parcels or lots within the district, accessory dwelling units (ADUs), temporary dwellings, a 50-foot vegetative buffer, stormwater management, additional public health and safety standards, and disturbance of slopes greater than 25% as a conditional use; as well as updating the purpose, the mandatory review requirements, the administrative and enforcement procedures, the definition section, how rentals are addressed by Lake County, how impervious surfaces and maximum average building heights are calculated, and setbacks to waterways. The subject area impacted by the proposed amendments includes all areas within the Swan Sites Zoning District. Following the public hearing, the County Commissioners will review the Planning Board's proposal, make any revisions or amendments determined proper, and may pass a resolution of intention to adopt the amended zoning map and text. Information regarding this agenda item and properties impacted 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 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 June 20, 2019, and June 27, 2019. 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 9, 2019, at 11:00 AM at the North Entrance to the Lake County Courthouse located 106 4th Avenue East in Polson, MT 59860, the following described real property situated in Lake County, Montana: Lot 5 of Block 2 of Hillside Addition, a platted subdivision in Lake County, Montana, according to the official recorded plat thereof D. Kelly Mann, as Grantor(s), conveyed said real property to First American Title, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as nominee for GMAC Mortgage Corporation, as Beneficiary, by Deed of Trust dated on March 8, 2006, and recorded on March 8, 2006, as Document No. 467342. The beneficial interest is currently held by Nationstar Mortgage LLC d/b/a Mr. Cooper. 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 January 1, 2019, 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 June 1, 2019 is $93,191.22 principal, interest totaling $3,319.92, late charges in the amount of $295.10, escrow advances of $1,119.16, and other fees and expenses advanced of $136.00, 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: May 22, 2019 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 22nd day of May, 2019, before me, a notary public in and for said County and State, personally appeared Rae Albert, 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 he executed the same. Kaitlin Ann Gotch Notary Public Bingham County, Idaho Nationstar Mortgage LLC vs D Kelly Mann 103053-2 Published on June 6, 2019, June 13, 2019, and June 20, 2019. MNAXLP
Jason J. Henderson MACKOFF KELLOGG LAW FIRM 38 2nd Ave E Dickinson, ND 58601 Phone: 701-227-1841 Fax: 701-225-6878 jhenderson@mackoff.com MT Bar #11414 MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN THE MATTER OF THE ESTATE OF LONNIE B. WILSON, Deceased. Probate No. DP-19-36 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that Jason J. Henderson has filed an Application or Petition to be Formally Appointed Limited Special Administrator of the Estate of Lonnie B. Wilson, which may be examined in the office of the Clerk of this Court. The Hearing has been set at the Courtroom of this Court in Polson, Lake County, Montana, on July 24, 2019, at 10:00 o'clock a.m., at which time and place all interested persons may appear and object. Dated June 5, 2019. /s/ Jason J. Henderson, #11414 Mackoff Kellogg Law Firm 38 2nd Ave East Dickinson, North Dakota 58601 Published on June 13, 2019, June 20, 2019, and June 27, 2019. MNAXLP
The Rollins Rural Fire District Board of Trustees will hold a preliminary budget meeting for the 2019-2020 fiscal year, Tuesday, June 25, 2019, at 2:30 p.m. in Rogers Hall of the Rollins Fire Station on Big Lodge Road. Published on June 13, 2019, and June 20, 2019. MNAXLP