Legals for December, 29 2022
Blackfoot provides local phone and broadband services in many Montana communities at reasonable and affordable rates. A federal program designed to promote “universal service” to all areas of the nation makes affordable rates possible. Companies participating in this program are required to advertise theses services on an annual basis. As a participant in the universal service program, Blackfoot provides access to single line phone service, emergency services (911), directory assistance (411), operator services (0+), long distance limitation services, as well as broadband internet access services. For questions or to order new services please call Blackfoot’s customer care team at 406-541-5000 or visit us at www.blackfoot.com. Published on November 17th & 24th & December 1st, 8th, 15th, 22nd & 29th, 2022. MNAXLP __________________________
CLINTON J. FISCHER LAW OFFICE, P.C. Professional Center Building P.O. Box 879 Polson, MT 59860 Telephone: (406) 883-4395 Attorney for Petitioner CAUSE NO. DV-22-201 MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN RE THE MATTER OF THE NAME CHANGE OF KARA LYN ILAC, Petitioner, NOTICE OF HEARING ON PETITION FOR CHANGE OF NAME PLEASE TAKE NOTICE THAT Petitioner, Kara Lyn Ilac, has petitioned the District Court for the Twentieth Judicial District for a change of name from Kara Lyn Ilac to Kara Lyn Lazaro, and the hearing on the Petition for Change of Name will be heard by a District Court Judge on the 11th day of January, 2023 at 10:00 a.m. in the Twentieth Judicial District Court located at 106 4th Ave. E., Polson, MT 59860. At any time before the hearing, objections may be filed by any person who can demonstrate good reasons against the change of name. DATED this 30th day of November, 2022 Lyn Fricker, Clerk of District Court Published on December 8th, 15th, 22nd & 29th, 2022. MNAXLP __________________________
Probate Cause No. 22-0250-P NOTICE TO CREDITORS THE CONFEDERATED SALISH AND KOOTENAI TRIBAL COURT OF THE FLATHEAD RESERVATION, PABLO, MONTANA IN RE THE MATTER OF THE ESTATE OF: EDWIN LYLE COURVILLE Notice is hereby given that the undersigned, Homer L. Courville, has been appointed Personal Representative of the above-names 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 6th of December, 2022. /s/ Homer L. Courville, Personal Representative Address: Homer Courville P.O. Box 14, St. Ignatius, MT 59865 Published on December 15th, 22nd & 29th, 2022. MNAXLP __________________________
NOTICE OF TRUSTEE’S SALE On April 12, 2023 at 11:00 AM, on the front steps of the County Courthouse, 106 4th Avenue East, Polson, MT 59860, Brigham J. Lundberg, a member of the Montana State Bar, as successor trustee, will sell at public auction to the highest bidder, the following described real property situated in Lake County, Montana, and described as follows: A portion of the SE1/4SE1/4 of Section 11, Township 18 North, Range 20 West, P.M.M., Lake County, Montana, further shown and described as Tract B on Certificate of Survey No. 6599, on file in the office of the Clerk and Recorder of Lake County, Montana. Parcel ID No.: 12398 which has the address of 59878 Lower Crossing Road, Saint Ignatius, MT 59865. Said sale will be made to satisfy the obligation secured by and pursuant to the power of sale conferred in the trust indenture/deed of trust (“Deed of Trust”) dated August 24, 2018 and executed by Debbie Bronson and Daniel R. Lutnes, as grantors (“Grantor”), to Lake County Abstract & Title Company, as trustee, in favor of Mortgage Electronic Registration Systems, Inc., as beneficiary, as nominee for 1st Alliance Lending, LLC, its successors and assigns, as beneficiary, and recorded on August 29, 2018 as Instrument No. 564566, official records of Lake County, Montana. The Deed of Trust was assigned for value to The Money Source Inc. (“Beneficiary”), the current beneficiary, by written instrument filed for record on May 19, 2022, as Instrument No. 598245, official records of Lake County, Montana. Brigham J. Lundberg (“Successor Trustee”) is the successor trustee of the Deed of Trust pursuant to an Appointment of Successor Trustee/Substitution of Trustee recorded on December 14, 2021 as Instrument No. 594519, official records of Lake County, Montana. Beneficiary has declared the grantors in default of the terms of the Deed of Trust and the promissory note (“Note”) secured by the Deed of Trust because of Grantors’ failure to timely pay all monthly installments of principal, interest, and, if applicable, escrow reserves for taxes and/or insurance as required by the Note and Deed of Trust. According to the Beneficiary, the obligation evidenced by the Note is now due for the December 1, 2019 installment payment. As of December 6, 2022, the amount necessary to satisfy this obligation was $244,943.92. This amount includes the outstanding principal balance of $192,847.63, plus accrued interest, accrued late charges, accrued escrow installments for insurance and/or taxes (if any), and advances for the protection of the beneficiary’s security interest (if any). Due to the default stated above, Beneficiary has elected, and has directed the Successor 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 warranties of title or possession, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The sale is subject to bankruptcy filing, payoff, reinstatement, or other circumstance that affects the validity of the sale. If the sale is set aside or the trustee is unable to convey title for any reason, the successful bidder’;s sole and exclusive remedy shall be the return of funds paid to the successor trustee, and the successful bidder shall have no further recourse. The purchaser shall be entitled to possession of the property on the 10th day following the sale. 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 or other court-ordered stay, the sale may be postponed by the trustee for up to 120 days by public proclamation at least every 30 days. The grantors, the successor-in-interest to the grantors, 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. This communication is from a debt collector. It is an attempt to collect a debt, and any information obtained will be used for that purpose. DATED: 12/7/2022 /S/ Brigham J. Lundberg Brigham J. Lundberg, Successor Trustee Lundberg & Associates, PC. 3269 South Main Street, Suite 100, Salt Lake City, UT 84115 (801) 263-3400 Office Hours: 8:00 a.m. - 5:00 p.m. Published on December 22nd, 29th & January 5th, 2022. MNAXLP __________________________
PUBLIC NOTICE The Lake County E911 Committee implemented an addressing system for Enhanced 911 Emergency Services in 2003. To assist navigation and location efforts, the E911 Committee has established that private lanes shared by three (3) or more residences shall have a unique name. The Board of Lake County Commissioners will hold a public meeting Wednesday, January 4, 2023 at 1:30 pm in the Commissioners Chambers of the Lake County Courthouse located at 106 4th Avenue East, Polson MT, Room 211, for the purpose of taking public comment on the naming of the private road. *Private Drive located off of McLeod Road in Arlee **Map of the area are available for review by request to lakecommissioners@lakemt.gov If you would like to comment, but are unable to attend the public hearing, you may send comment to: Lake County Commissioners 106 4th Avenue East Polson, MT 59860 Or lakecommissioners@lakemt.gov. Published on December 22nd & 29th, 2022. MNAXLP __________________________
Jason Williams, Esq. DATSOPOULOS, MacDONALD & LIND, P.C. Central Square Building 201 West Main, Suite 201 Missoula, Montana 59802 (406) 728-0810 jwilliams@dmllaw.com, ssullivan@dmllaw.com Attorneys for the Plaintiff MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY Cause No. DV 21-233 Nicole Hyman, Plaintiff, DAVID R. PETERSON, WILLIAM A. PETERSON and LINDA C. PETERSON, THOMAS JOSEPH and SHIRLEY ANN KAVRAN, RICHARD and CASEY MASSEY, MARY LARSON, THOMAS PUGH and all persons, known or unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the personal property described in the Complaint below which is adverse to Plaintiff’s ownership or a cloud upon Plaintiff’s title thereto, whether such a claim or possible claim be present or contingent. Defendants. SUMMONS The state of Montana sends greetings to all persons claiming any interest in or lien upon the real property described in this summons or any part of the real property, defendants: YOU ARE HEREBY SUMMONED to appear and defend the complaint of NICOLE HYMAN, Plaintiff, filled with the clerk of this court, and to file your answer and serve a copy thereof upon the Plaintiff’s attorneys, Jason A. Williams,Datsopoulos, MacDonald & Lind, P.C., 201 West Main, Suite 201, Missoula, Montana 59802 within 21 days after the date of service of this summons. In the case of your failure to appear and defend the complaint of Nicole Hyman, judgment by default will be rendered against you for the relief demanded in the complaint. 1. This action is brought for the purpose of quieting title to land situated in Lake County, Montana, Geocode No.: 15-3467-36-1-05-02-0000, and more particularly described as: SILVER ROCK PINES, S36, T24, N, R21 W, Lot 002, LOT 2 WITNESS my hand and seal of seal Court, the 20th day of December, 2021. /S/ Lyn Fricker, Deputy Clerk Published on December 22nd, 29th, & January 5th, 2022. MNAXLP __________________________
LEGAL NOTICE The St. Ignatius Town Council has adopted on first reading a revised and amended City Ordinance 2-1-101, Street Vendor Addition. The council will take public comment before taking final action at the January 3, 2023, city council meeting at 6:00 P.M. at City Hall on 12 First Avenue, St. Ignatius. The council anticipates that this change, if adopted on second/final reading on January 3, 2023, will become effective thirty days after final approval/adoption. For more information on the revised and amended City Ordinance 2-1-101, Street Vendor Addition, please contact City Hall at 745-3791. Mary Leishman, Clerk-Treasurer Published on December 22nd & 29th, 2022. MNAXLP __________________________
Dept. No. 2 Cause No. DP 22-93 SHANE N. REELY, ESQ. GOODRICH & REELY, PLLC 2315 McDonald Avenue, Suite 200 Missoula, MT 59801 Telephone (406) 541-9700 Telefax (406) 541-9707 shane@goodrichreely.com Attorneys for the Personal Representative MONTANA TWENTIETH JUDICIAL DISTRICT COURT LAKE COUNTY IN THE MATTER OF THE ESTATE OF BERNICE JANET SMITH, Deceased. NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed as Personal Representative of the abovenamed 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 TERRY LEE SMITH, the Personal Representative, return receipt requested, c/o Goodrich & Reely, PLLC, 2315 McDonald Avenue, Suite 200, Missoula, Montana 59801, or filed with the Clerk of the above entitled Court. DATED this 9th day of December, 2022. Terry Lee Smith Personal Representative GOODRICH & REELY, PLLC 2315 McDonald Avenue, Suite 200 Missoula, Montana 59801 Attorneys for the Personal Representative /s/ Shane N. Reely, Esq. Published on December 29th, January 5th & 12th, 2022. MNAXLP __________________________
PUBLIC HEARING: The Board of Lake County Commissioners will hold a public hearing on Monday, January 23, 2023 at 10:00 am in the Commissioners Chambers of the Lake County Courthouse located at 106 4th Avenue East, Polson, MT 59860 for the purpose of taking public comment on the resolution text listed below. If you would like to submit public comment on the resolution, you may submit it to lakecommissioners@lakemt.gov or by mail to Lake County Commissioners 106 4 th Avenue East, Polson, MT 59860. If you have any questions, please feel free to contact the office at 406-883-7204. RESOLUTION 22-41 A RESOLUTION OF INTENTION TO CONTROL PEST INFESTATIONS; IDENTIFYING THE PROBLEM, PROVIDING FOR EMERGENT ACTION, PROVIDING FOR PROCESS, PROVIDING FOR DELEGATION OF THE POWER TO APPOINT, PROVIDING FOR CONTROL AND DIRECTION OF CONTROL EFFORTS, PROVIDING AND DEFINING A MISDEMEANOR TOGETHER WITH CIVIL PROCESS AND PENALTIES, AND PROVIDING FOR REIMBURSEMENT. WHEREAS, the production of high quality agricultural products and orchard fruits ready for interstate commerce are a continuing and important means of livelihood for many Lake County residents, and a continuing and important economic facet of Lake County; and, WHEREAS, the Flathead Lake Cherry Growers is a Montana association registered with the Secretary of State of Montana, hereinafter FLCG, as a common-interest trade alliance; and, WHEREAS, Lake County previously adopted Resolution 04-15, “Resolution for Emergency Pest Management Authority;” and, WHEREAS, Lake County previously adopted Resolution 05-26, authorizing and providing for certain pest-control related activities; and, WHEREAS, the FLCG have positively identified continuing infestations of Rhagoletis indifferans, the Western Cherry Fruit fly, within the Pest Control District consisting of all of Lake County, and especially in the Finley Point region of Lake County, in feral, abandoned, ‘tax orchards,’ and ‘backyard’ fruit trees; and, WHEREAS, the above-referenced infestation is attested by the Montana State University extension agent for Lake County; and, WHEREAS, the processes and funding set forth in the previous Resolutions above-referenced are inadequate to meet the identified need for control of the pest; and, WHEREAS, infestations of the pest so described into commercial orchards will have important negative impacts and should be prevented and mitigated; and, WHEREAS, the largest source of a threat of further infestation are the feral, abandoned, ‘tax orchards,’ and ‘backyard’ fruit trees above referenced; and, WHEREAS, Lake County, pursuant to Title 7, Chapter 5, Part 21 and Chapter 22, Part 23, desires herewith to ordain and implement a private-public partnership between Lake County and FLCG for the common purpose, and in the common interest, of controlling the said pest. NOW, THEREFORE, BE IT RESOLVED: 1. That the foregoing recitals are not mere Recitals but are part and parcel of this Resolution. 2. Lake County’s power to appoint a suitable person to engage in pest control measures set forth in Section 7-22-2301, MCA, is delegated to the Flathead Lake Cherry Growers; subject, however, to the veto of the County in particular cases as the County might then see fit, and further subject to the terms hereof. 3. Upon a finding of pest infestation as further described herein, FLCG shall initially contract with such suitable person for pest control, with the understanding that Lake County shall reimburse such reasonable, certified contract rates. 4. Such appointee must adhere to any regulations and other guidance promulgated by the Montana Department of Agriculture regarding chemical composition and application relative to the control of pests. 5. Such appointed person in fulfillment of such person’s duties shall be cloaked and clothed in the authority of Lake County pursuant to Section 7-22-2304, MCA, specifically empowered to fly over or enter upon any farm, grounds, or premises infested with such insects pests and poison, kill, catch, and exterminate such pests therein. 6. A claim by an owner that a fruit tree or trees are grown and marketed for the “organic” or “non-GMO” markets is meaningless unless such owner can immediately produce an organic certification from a USDA-accredited certifier; in such case, such fruit tree or trees may be treated with organic-rated controls or at the option of the appointee any pest-chemicals approved for use by the Montana Department of Agriculture. 7. Process: investigation by county extension; all such confirmed reports constitute an emergency as defined at Section 10-3-103(8), MCA, meaning, the imminent threat of a disaster causing immediate peril to life or property that timely action can avert or minimize. 8. In the event of such emergency, FLCG and Lake County shall both be informed, and FLCG shall undertake the retention and instruction of the pest controller as set forth in Paragraph 2 hereof. 9. Such person must keep records, which will belong to Lake County: parcel, owners name, how many trees treated, what was used, any special notes, cost, collated by FLCG and subject to county review and inspection. 10. Pursuant to its authority under Section XXXXX, MCA, intentionally or negligently failing to control pest populations that represent a threat to commercial crops is hereby defined as a misdemeanor, subjecting the owners, agents, and occupants to a fine not to exceed $500 and jail not to exceed six months. A confirmed report of infestation shall be probable cause to believe that the owner, agent, or occupant of the land wherein such tree or trees are situate are in violation of the offense. 11. Landowners who suffer the existence of pests that represent a threat to commercial crops are subject to civil penalties, to include injunction, fines and fees, and so forth. 12. Lake County shall reimburse FLCG for the cost of appointments delegated it, and shall provide uniformed law enforcement support in such situations where it may prove necessary. BE IT FURTHER RESOLVED, the Board of Lake County Commissioners will hold a public hearing on Monday, January 23, 2023 at 10:00 am in the Commissioners Chambers of the Lake County Courthouse, located at 106 4th Avenue East, Polson, MT 59860 on this Resolution of Intention. PASSED AND ADOPTED THIS 23RD DAY OF November, 2022. /s/ Gale Decker, Chairman /s/ Steve Stanley, Member /s/ William D. Barron, Member Attest: /s/ Katie Harding, Clerk & Recorder Published on December 29th & January 5th, 2023 MNAXLP __________________________