Legals June 27, 2019
David B. Cotner Cotner Law, PLLC 2700 Radio Way Missoula, MT 59802 Telephone: (406) 541-1111 Attorneys for Personal Representative MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN RE THE ESTATE OF TAMMY MARIE MATT, Deceased. Probate No.: DP-19-37 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that Fred Matt has been appointed Personal Representative of the above-named estate. All persons having claims against the decedent 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 be mailed to David B. Cotner, of Cotner Law, PC, the attorney for the Estate, return receipt requested, or filed with the Clerk of the above Court. DATED this 18th day of June, 2019. /s/ David B Cotner David B. Cotner, Attorney for the Estate Published on June 27, 2019, July 4, 2019, and July 11, 2019. MNAXLP
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
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 May 7, 15, 16, 17, 29, 31, and June 5, 2019 approve claims for payment in the amount of $1,984,440.23 for the period of May 1, 2019 through May 31, 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 17th day of June 2019. BOARD OF LAKE COUNTY COMMISSIONERS /s/ Gale Decker, Chairman Published on June 27, 2019. MNAXLP
The Board of Lake County Commissioners will hold a Public Meeting on Monday July 29, 2019 at 10:00 am in the Commissioners Chambers, for the purpose of taking public comment from any effected owner in the proposed project listed below. If you are unable to attend the meeting, you may submit written comment to lakecommissioners@lakemt.gov or to Lake County Commissioners 106 4th Avenue East, Polson MT 59860. RESOLUTION 19-18 RESOLUTION OF INTENTION TO CREATE RIVERSIDE TERRACE/HIGHLAND DRIVE RURAL IMPROVEMENT DISTRICT WHEREAS, the majority of the landowners in the proposed district have submitted a petition in favor of creating a rural improvement district to improve that portion of Highland Drive which is not county maintained, Ridgeway Court, Ridgeway Drive, Terrace Court, and Keeler River Lane; and WHEREAS, that the boundaries of the district shall include all benefited properties served by that portion of Highland Drive, which is not publicly maintained, Ridgeway Court, Ridgeway Drive, and Terrace Court, shown on the attached map; and WHEREAS, the nature of the improvement is for improving roads within said area, including Highland Drive, Terrace Court, Ridgeway Drive, Ridgeway Court and Highland Court, and Keeler River Lane. The improvement sought is to repair failing roadway of approximately 650' in length and 24' wide, pave Highland Drive appx. 64,000 sq. ft., pave cul-de-sacs 53,500 sq. ft., prep and pave Keeler River Lane appx. 8,700 sq. ft., and miscellaneous repairs, as described on the attached bid; and WHEREAS, the actual work will be done by an independent contractor; and WHEREAS, the cost to the freeholders is not to exceed $ 350,000.00, plus administration ($2,500.00) and interest fee ($3.25 % subject to change), as allowed and provided by law (7-12-2161), and will be financed by Trails West Bank; WHEREAS, the assessment of costs shall be divided on a per parcel basis, among the 44 properties in the proposed district, to either be prepaid, or placed on annual tax bill for the next 10 years.; and WHEREAS, should there be a decrease in the costs associated with the proposed project, the total per parcel would be reconfigured. WHEREAS, notice of this Resolution of Intention will be sent to each property owner in the proposed district, who is liable to be assessed, after passage; and WHEREAS, notice of this Resolution of Intent will be publicly noticed for 2 weeks in the Lake County Leader, and a 30 day protest period will be in effect, beginning the first date of publication; and WHEREAS, a public hearing will be held on Monday July 29, 2019 at 10:00 am in the Commissioners Chambers, Lake County Courthouse, 106 4th Avenue East, Polson, MT 59860; Any property owner wanting to protest the project must present their opposition in writing, either at the hearing, or by USPS to 106 4th Avenue East, Polson MT 59860 or by email to lakecommissioners@lakemt.gov. PASSED AND ADOPTED THIS 19 DAY OF JUNE 2019. /s/ Gale Decker, Chairman /s/ Dave Stipe, Member /s/ William D. Barron, Member Attest: /s/ Susan Newton, Dep. for Paula A. Holle, Clerk & Recorder Published on June 27 and July 4, 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
PUBLICATION OF NOTICE OF PENDING ATTACHMENT OF A TAX LIEN On Thursday, August 1, 2019, the Lake County Treasurer will attach a property tax lien to property on which the 2018 taxes are delinquent. The delinquent taxes, including penalties, interest and costs are a lien upon the property and that unless delinquent taxes, penalties, interest, and costs are paid prior to August 1, 2019 a tax lien will be attached and may be assigned to a third party. MCA 15-17-122 A complete delinquent list of all persons and property in the county now owing taxes, including all city and town property that is delinquent is on file in the office of the Lake County Treasurer and is open to public inspection and examination. For further information please contact the Lake County Treasurer at 106 4th Ave East, Polson, MT 59860 Published on June 27, 2019, and July 4, 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 28, 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: Lots 4, 5, and 6 in Block 4 of Elevation Addition to the City of Polson, according to the map or plat thereof on file in the office of the Clerk and Recorder of Lake County, Montana James L. Terry and Debra M. Terry, as Grantor(s), conveyed said real property to Lake County Abstract and Title, as Trustee, to secure an obligation owed to American General Financial Services, Inc., as Beneficiary, by Deed of Trust dated on April 17, 2007, and recorded on April 19, 2007, as Document No. 478989. The beneficial interest is currently held by U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS INDENTURE TRUSTEE FOR THE CIM TRUST 2017-8 MORTGAGE-BACKED NOTES, SERIES 2017-8. 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 11, 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 12, 2019 is $107,505.08 principal, interest totaling $4,576.20, late charges in the amount of $208.35, and other fees and expenses advanced of $64.00, 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: June 11, 2019 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 11 day of June, 2019, 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 he executed the same. Rae Albert Notary Public Bingham County, Idaho U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS INDENTURE TRUSTEE FOR THE CIM TRUST 2017-8 MORTGAGE-BACKED NOTES, SERIES 2017-8 vs Debra M. Terry ; James L. Terry 107286-1 Published on June 27, 2019, July 4, 2019, and July 11, 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 22, 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: Lots 1 and 2 of Block F, GLACIER VIEW ADDITION to the City of Ronan, Lake County, Montana, according to the map or plat thereof on file in the office of the Clerk and Recorder of Lake County, Montana Albert T. Wilson III, as Grantor(s), conveyed said real property to Lake County Abstract & Title Co., as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as nominee for Flathead Bank, a Montana Banking Corporation, as Beneficiary, by Deed of Trust dated on December 18, 2015, and recorded on December 18, 2015, as Document No. 545661. The beneficial interest is currently held by Citizens Bank, N.A. 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 May 18, 2019 is $74,773.60 principal, interest totaling $1,300.76, late charges in the amount of $102.69, escrow advances of $945.26 and other fees and expenses advanced of $221.25, 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 5, 2019 Kaitlin Ann Gotch Assistant Secretary, First American Title Company of Montana, Inc. Trustee Title Financial Specialty Services PO Box 339 Blackfoot ID 83221 STATE OF Idaho ) ss. COUNTY OF Bingham On this 5 day of June, 2019, 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 he executed the same. Rae Albert Notary Public Bingham County, Idaho CommissionExpires: 09/06/2022 Citizens Bank, N.A. vs Albert T. Wilson III 107320-1 Published on June 27 and July 4 and July 11, 2019. MNAXLP