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Legals for November, 17 2022

| November 17, 2022 12:00 AM

NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on March 13, 2023, at 11:00 AM on the front steps at the Lake County Courthouse located at 106 4th Avenue East, Polson, MT 59860, the following described real property situated in Lake County, State of Montana: Lot 12 of Sparrow Addition-Phase 2, 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. More commonly known as 35901 Warbler Dr, Ronan, MT 59864. Matthew James Nicolai, as Grantor, conveyed said real property to First American Title Company, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Eagle Bank, Beneficiary of the security instrument, its successors and assigns, by the Deed of Trust dated on October 29, 2021, and filed for record in the records of the County Clerk and Recorder in Lake County, State of Montana, on October 29, 2021, as Instrument No. 593360, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Click N Close, Inc. Assignment Dated: September 27, 2022 Assignment Recorded: October 3, 2022 Assignment Recording Information: as Instrument No. 601468 All in the records of the County Clerk and Recorder for Lake County, Montana. Jason J. Henderson 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 October 13, 2022, as Instrument No. 601645, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to the Grantor(s) failure to make monthly payments beginning February 1, 2022, 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 $158,212.05, interest in the sum of $4,296.19, escrow advances of $2.00, other amounts due and payable in the amount of $1,186.50 for a total amount owing of $163,696.74, 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 17th day of October, 2022. Jason J. Henderson Substitute Trustee 38 2nd Avenue East Dickinson, ND 58601 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. MT11707 Published on November 3rd, 10th, & 17th, 2022. MNAXLP __________________________

William K. VanCanagan, Esq. DATSOPOULOS, MacDONALD & LIND, P.C. 201 West Main Street, Suite 201 Missoula, Montana 59802 Phone: (406) 728-0810 Fax: (406) 543-0134 Email: bvancanagan@dmllaw.com; lstoos@dmllaw.com; goneil@dmllaw.com Attorney for Personal Representative MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN RE THE ESTATE OF CALVIN LINDBURG, Deceased. Probate No. DP-22-80 Dept No Molly Owen NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned 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 either be mailed to Alice Lindburg, the Personal Representative, return receipt requested, in care of Datsopoulos, MacDonald & Lind, P.C., Attn: William K. VanCanagan, Esq., 201 W. Main Street, Suite 201, Missoula, MT 59802, or filed with the Clerk of the above court. DATED this 29th day of Sept. 2022. /s/ Alice Lindburg Published on November 3rd, 10th & 17th, 2022. MNAXLP __________________________

NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on March 13, 2023, at 11:00 AM on the front steps at the Lake County Courthouse located at 106 4th Avenue East, Polson, MT 59860, the following described real property situated in Lake County, State of Montana: Lot 27 of Kootenai Woods, 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. More commonly known as 13483 Crescent Moon Drive, Bigfork, MT 59911. Mary E. Holzwarth and Michael V. Holzwarth, as Grantors, conveyed said real property to Lake County Abstract & Title, as Trustee, to secure an obligation owed to Mortgage Electronic Registrations Systems, Inc., as designated nominee for Mann Mortgage, LLC, beneficiary of the security instrument, its successors and assigns, by the Deed of Trust dated on April 28, 2016, and filed for record in the records of the County Clerk and Recorder in Lake County, State of Montana, on April 29, 2016, as Instrument No. 547829, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Servis One, Inc. DBA BSI Financial Services Assignment Dated: May 4, 2022 Assignment Recorded: May 4, 2022 Assignment Recording Information: as Instrument No. 597911 Assignee: Servis One, Inc. DBA BSI Financial Services Assignment Dated: May 17, 2022 Assignment Recorded: May 23, 2022 Assignment Recording Information: as Instrument No. 598323 All in the records of the County Clerk and Recorder for Lake County, Montana. Jason J. Henderson 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 October 13, 2022, as Instrument No. 601661, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to the Grantor(s) failure to make monthly payments beginning November 1, 2020, 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 $207,608.21, interest in the sum of $16,098.43, escrow advances of $11,137.63, other amounts due and payable in the amount of $1,971.49 for a total amount owing of $236,815.76, 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 25th day of October, 2022. Jason J. Henderson Substitute Trustee 38 2nd Avenue East Dickinson, ND 58601 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. MT11405 Published on November 10th, 17th & 24th, 2022. MNAXLP __________________________

LAKE COUNTY JOINT AIRPORT BOARD MEMBERS NEEDED The Lake County Commissioners are seeking letters of interest to serve on the Lake County Joint Airport Board. Applicants must be a Lake County resident and have some aviation back ground is preferred. This Board pays the bills of the three airports in Lake County and directs the fixed base operators for the airports and plans for the future of the airports. Meetings are held once a month on the second Thursday of the month at 7:00 p.m. at the Ronan Airport. The Board of Commissioners will accept letters of interest to serve on this Board until December 1, 2022. Letters should be addressed to the Commissioners at 106 4 th Ave. East, Polson, MT 59860. For further information call the Commissioners at 883-7204.Published on November 3rd, 10th & 17th, 2022. MNAXLP __________________________

SECTION 00100 INVITATION TO BID GRIZZLY BEAR HOMESITES Separate sealed Bids will be received by the Salish and Kootenai Housing Authority (SKHA), located at 56243 US Hwy 93, Pablo, Montana 59855, until 1:00 PM, local time, on Wednesday, November 30, 2022 for construction of the project described herein. All Bids that have been duly received will be publicly opened and read aloud immediately thereafter in SKHA office. The proposed work involves an improved gravel access drive to the Grizzly Bear Homesites Subdivision located in Pablo, MT. New water, sewer, and dry utilities (power/phone/cable) will also be included in the Contract along with coordination with the appropriate utility companies. Bidders shall bid on the bid proposal forms provided in the Contract Documents, addressed to the SKHA Office, enclosed in a sealed envelope marked plainly on the outside, “Bid for Grizzly Bear Homesites-Subdivision Improvements.” All Bids must be in accordance with the Contract Documents on file with the Salish and Kootenai Housing Authority (SKHA), located at 56243 US Hwy 93, Pablo, Montana 59855; TD&H Engineering, 450 Corporate Dr., Suite 101, Kalispell, Montana, (406) 751-5246; and the Northwest Montana Plans Exchange, 2303 Highway 2 East, Kalispell, MT 59901, (406) 755-5888, in accordance with the Instructions to Bidders. Any objections to published specifications must be filed in written form with the SKHA Office prior to bid opening. A pre-bid conference will be held at the project site which is located off Clairmont Road in Pablo, MT 59855, commencing at 1:00 PM, Monday, November 14, 2022. Those interested in bidding the project are encouraged to attend this meeting. Copies of the Contract Documents (including 11”x 17”drawings) for use in preparing Bids may be obtained from either the SKHA Office or TD&H Engineering at the addresses stipulated above. Each bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond payable to Salish and Kootenai Housing Authority (SKHA), in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS shall furnish an approved Performance Bond and Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance, as required, shall be provided by the successful BIDDER(s), and a certificate(s) of that insurance shall be provided. Contactor and all subcontractors must be licensed to perform work in the State of Montana. Within 10 calendar days after the Notice of Award, the successful Bidder will be required to furnish a Performance Bond and a Labor and Materials Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the contract. The bonds will each be equal to 100 percent of the contract amount. Completion of the work is required within 45 calendar days. The project includes liquidated damages that will be assessed as set forth in the Special Provisions if the work is not complete within the allotted contract time. No bid may be withdrawn within a period of 60 days after the scheduled time for public opening of bids. Indian Preference Ordinance 101A. This is an Indian Preference Bid. The current Confederated Salish and Kootenai Tribes’ Indian Preference Policy Ordinance 101A will be followed in the selection and award of this Project to a Contractor. Tribal Consultants who wish to receive Indian Preference must obtain certification by the Indian Preference Office as a legitimate Indian-owned business prior to the submission of bids. Proof of Indian Preference Certification must be included with your bid submittal in the form of a copy of the Certificate issued by the Indian Preference Office. Evidence of membership or affiliation with a Tribe does not constitute Indian Preference Certification. Bidders who are Indian Owned Business must be certified by the Indian Preference Office in order to claim preference. It shall be the sole responsibility of the bidder to obtain and provide proof of Indian Preference Certification from the Indian Preference Office. The Contractor, and all subcontractors, shall comply with all requirements of this Ordinance in completing the Project, including the hiring of personnel, and soliciting and awarding of subcontracts. If the Contractor subcontracts any of this work, the selection of a subcontractor must be in accordance with the Indian Preference Policy Ordinance 101A, must be completed and submitted to the Indian Preference Office prior to awarding any subcontract. A copy of Ordinance 101A is included in Appendix A-Indian Preference Tribal Ordinance of the Contract Documents. Federal Davis Bacon Wage Act The proposed project includes funding from federal agencies. As a result, all employee wages must be compliant with the Federal Davis Bacon Wage Act (MT80). The appropriate wages for all trades, including travel pay, are included in Appendix B-Federal Davis Bacon Wage Rates. The SKHA reserves the right to reject all Bids, to waive informalities, and to reject nonconforming, irregular, non-responsive or conditional Bids. SKHA Office Published on November 10th & 17th, 2022. MNAXLP __________________________

In Re: Conditions at Lake County Jail, Case 9:22-cv-00127-DWM Notice of Class Action Certification TO: All persons incarcerated at Lake County Jail as of September 3, 2021 to the present, as well as all current and future inmates. Dozens of individuals have filed lawsuits alleging that the conditions of confinement at the Lake County Jail are unconstitutional and illegal. The Court has not ruled on the merits of these claims or Defendants’ defenses. If you were incarcerated at the Lake County Jail at any time on or after September 3, 2021, you are a member of the class. The class that has been certified is pursuing claims for injunctive and declaratory relief—not money damages. You do not need to do anything in response to this notice. Do NOT write or telephone the Court if you have any questions about this notice. If you have questions, please contact class counsel at the following: Timothy M. Bechtold, 406-721-1435, tim@bechtoldlaw.net Constance Van Kley, 406-306-0330, constance@uppersevenlaw.com P.O. Box 31, Helena, MT 59624 You may read the full Notice of Class Action Certification at uppersevenlaw.com/classnotice Published on November 10th, 17th, 24th & December 1st, 2022. MNAXLP __________________________

Lake County, MT Request for Qualifications – Engineers, Architects and Consultants with Multiple Areas of Expertise Notice is hereby given, the Lake County Commission is requesting Statements of Qualifications (SOQ) proposals and performance data from qualified engineering, architectural, surveyors, project consultants and other firms with associated project development disciplines interested in being added to the County’s prequalified list of consultants and contractors. The County is developing a list of prequalified firms to assist with the completion of various public works projects anticipated over the next 5 years. Development activities being considered by the County include: construction/reconstruction of roads and trails; construction/reconstruction of new and existing public facilities and buildings; property development (including all related infrastructure including water, sewer and wells). Proposals will be received at or prior to the close of business at 5:00 PM_ MST on Friday, December 2, 2022, at the Lake County Commission office at 106 4th Ave. E, Polson, MT 59860. The intent of this RFQ process is to identify a short list of up to five (5) pre-qualified engineering, architectural and/or other professional services firms in up to fourteen (14) areas of expertise that will be available to either submit-detailed proposals for specific projects or with which the County may enter into direct negotiation for services depending on the size and scope of any specific project. SOQs may be provided in any one or in several areas of expertise within the same submittal. The County reserves the right to further advertise and solicit proposals for any project where there are no firms prequalified for the particular expertise that may be required. Small, independent firms and qualified DBE firms are encouraged to submit proposals specific to their areas of expertise. All respondents must have liability insurance in place and provide proof of either having workers compensation or an exemption of such as may apply before any contracts can be executed. Specific project selections will be based on the list of prequalified firms determined by these SOQ’s and as meeting the qualifications for selection per Title 18, Chapters 2 and 8 MCA. Any and all firms interesting in participating in this RFQ can obtain the required information from either the Lake County Website (https://www.lakemt.gov/345/LegalPublic-Notices) or the Lake County office of Grants and Special Projects, Billie Lee at blee@lakemt.gov or by calling 406-872-2362. Published on November 10th & 17th, 2022. MNAXLP __________________________

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. Valley Bank Building P.O. Box 879 Polson, MT 59860 Telephone: (406) 883-4395 Attorney for Personal Representative  MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY  IN RE THE ESTATE OF K. LYNN EARL,  PROBATE NO. DP-22-83 NOTICE TO CREDITORS Decedent.  NOTICE IS HEREBY GIVEN that the undersigned 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 months after the date of the first publication of this notice or said claims will be forever barred.  A written statement of the claim indicating the name and address of the claimant, the basis of the claim and the amount claimed may be filed with the Clerk of the District Court, Lake County, Montana, or mailed, return receipt requested, to the Personal Representative at the following address:  Agnes G. Loeser c/o Clinton J. Fischer Law Office, P.C. P.O. Box 879 Polson, MT 59860  DATED this 2nd day of November, 2022.  /s/ Agnes G. Loeser, Personal Representative  PERSONAL REPRESENTATIVE’S ATTORNEY:  Clinton J. Fischer CLINTON J. FISCHER LAW OFFICE, P.C. Professional Center Building P. O. Box 879 Polson, Montana 59860  Published on November 17th & 24th, & December 1st, 2022. MNAXLP __________________________

NOTICE OF SALE Department of Natural Resources & Conservation Timber Sale The Lost Ridge Timber Sale is located within Sections 2, 3, 10,11,13, 14 &15, T24N-R17W on the State’s Swan Unit. Approximately 25,895 tons, consisting of mixed conifer sawlogs, are offered for sale. Sealed bids will be opened at the Department of Natural Resources & Conservation, 2705 Spurgin Road, Missoula, Montana on December 13, 2022 at 2:00 p.m. Bids may be hand delivered or mailed and will be accepted any time prior to the bid opening. DNRC recommends that bidders contact the Trust Land Management Division (406-542-4300) prior to the bid opening to ensure that your bid has been received. Bids must be accompanied by a deposit of $12,676.00, representing 5% of the minimum bid value of the sale in cashier’s check, certified check, bank money order or bank draft to be applied to the first sale invoice for the successful bidder. Bid bonds will be accepted and, for the successful bidder, will be closed upon execution of the Timber Sale Contract and Timber Sale Bond. The sale will be awarded to the highest responsible bidder. Award of the timber sale is conditional upon approval of the timber sale by the State Board of Land Commissioners at their November 21, 2022 meeting. If the successful bidder is unable to execute the contract within 30 calendar days from the date the sale is awarded, the bid deposit will be retained by the Department as liquidated damages. The right is reserved to reject any or all bids. Prospective bidders can obtain the sale prospectus, sale contract and bid forms from the Department of Natural Resources & Conservation, Trust Land Management Division, in Missoula (406-542-4300). Visit our website at http://dnrc.mt.gov/divisions/trust/ forest-management/timber- sale-information for upcoming sales and bid results. Published on November 17th & 24th, & December 1st & 8th, 2022. MNAXLP __________________________

Kevin S. Jones  Joseph D. Houston Jones & Associates, PLLC Attorneys at Law 2625 Dearborn Avenue, Ste. 102 Missoula, MT 59804 (406) 541-3333 kevin@ionesmtlaw.com joe@jonesmtlaw.com Attorneys for Personal Representative Lawrence Thomas McMullin  Dept. No. 1 Cause No. DP-22-84 MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN THE MATTER OF THE ESTATE OF:  JAMES FRANKLIN WHITE,  Deceased.  NOTICE TO CREDITORS  NOTICE IS HEREBY GIVEN that Lawrence Thomas McMullin has been appointed Personal Representative of the above-named estate. All persons having claims against the Deceased are required to present their claims within four (4) months after the date of the first publication of this Notice, or their claims will be forever barred. Claims must either be mailed to Jones & Associates, PLLC, Attorneys for the Personal Representative, return receipt requested, at  2625 Dearborn Avenue, Ste. 102, Missoula, MT 59804, or filed with the Clerk of the above Court.  I declare under penalty of perjury under the laws of the State of 24 Montana the foregoing is true and correct.  Dated this 8th day of November, 2022. Lawrence Thomas McMullin,  for Personal Representative of the Estate of James Franklin White Kevin S. Jones, Attorney Personal Representative Published on November 17th, 24th & December 1st, 2022. MNAXLP __________________________

Notice of Public Hearing Notice is hereby given that the Polson City Commission will on Monday, the 5th day of December, 2022, at 6:30 p.m. in the Polson City Hall, 106 1 st Street East, Polson, Montana, hold a public hearing for the purpose of a requested zoning variance. Specifically, the request is from the Polson Development Code’s requirement that a building with a nonconforming front setback may only be expanded outside of setbacks. The request is associated with a proposed addition to attach an existing nonconforming single family dwelling with an existing detached nonconforming garage and is made by Mark and Dana Johnston of Polson. The subject property is currently zoned Transitional Zoning District, located at 1 2nd Street East and legally described as Lots 5 & 6, Block 1, of Polson Original Townsite. The Polson City Commission will take public testimony and review the proposed variance request. Following public testimony, the City Commission will vote to approve, conditionally approve, or deny the variance request. This public notice is made pursuant to 76-2-326 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. The application is available for review at City Hall. 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 17th day of November, 2022. Cora Pritt Polson City Clerk Polson, MT Published on November 17th, 2022,. MNAXLP __________________________

NOTICE OF INTENT TO DISCONTINUE RAIL SERVICE AB-575 (SUB-NO. 2X) Montana Rail Link, Inc. (“MRL”) gives notice that on or about November 21, 2022, it intends to file with the Surface Transportation Board (“STB”), Washington, DC 20423, a petition for exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10903, et seq., permitting MRL to (A) discontinue common carrier service over approximately 656.47 miles of non-contiguous main rail line owned by BNSF Railway Company (“BNSF”) (collectively, the “Leased Premises”), including: (1) Huntley, MT (MP 209.91) to Spurling, MT (MP 17.8); (2) Spurling, MT (MP 17.8) to Helena, MT (MP 238.4); (3) Helena, MT (MP 0.0) to Missoula, MT (MP 119.31); (4) Missoula, MT (MP 119.31) to Sandpoint Junction, ID (MP 118.7); (5) De Smet, MT (MP 0.0) to Paradise, MT (MP 64.27); (6) Laurel, MT (MP 15.15) to south of Laurel, MT (MP 514.47); and (7) Moss Main, MT (MP 0.00) to a point north of Moss Main, MT (MP 0.50); and (B) discontinue bridge-only trackage rights over approximately 96.04 miles of rail line owned by BNSF, including the following segments (collectively, the “Trackage Rights Lines”): (8) Sand Point, ID (MP 2.79) to Spokane, WA (MP 68.17); (9) from MP 68.17 to MP 69.0 near Spokane, WA; (10) from MP 0.74 to MP 1.0 near Moss Main, MT; and (11) from MP 51.07 near Garrison, MT to MP 21.5, south of Warm Springs, MT. The Leased Premises traverse the following zip codes: 59037, 59101, 59102, 59105, 59106, 59044, 59063, 59019, 59069, 59033, 59011, 59047, 59082, 59715, 59718, 59714, 59741, 59752, 59643, 59644, 59647, 59635, 59601, 59602, 59728, 59713, 59731, 59733, 59832, 59936, 59825, 59851, 59802, 59808, 59834, 59846, 59820, 59821, 59863, 59831, 59872, 59866, 59859, 59873, 59874, 59853, 59844, 83811, 83836, 83840, 83852, and 83864. The Trackage Rights Lines traverse the following zip codes in Montana: 59044, 59711, 59731, 59722 and 59756; in Idaho: 83813, 83864, 83860, 83801, 83858 and 83854; and in Washington: 99025, 99027, 99212, 99216, 99206, 99202 and 99201. The Leased Premises and the Trackage Rights Lines (collectively, the “Lines”) traverse the following counties: Yellowstone, Stillwater, Sweet Grass, Park, Gallatin, Broadwater, Jefferson, Lewis and Clark, Powell, Deer Lodge, Granite, Missoula, Lake, Mineral and Sanders Counties, Montana; Bonner and Kootenai Counties, Idaho; and Spokane County, Washington. The proceeding has been docketed as AB-575 (Sub-No. 2X). The proposed action entails the discontinuance of MRL’s rail service over the Lines with BNSF resuming operations and maintenance of the Lines. Further Board approval would be required for BNSF to abandon the Lines. Accordingly, this proceeding is exempt from environmental reporting requirements under 49 C.F.R. § 1105.6(c) and from historic reporting requirements under 49 C.F.R. § 1105.8(b), and the STB will not prepare an environmental assessment. Appropriate offers of financial assistance to continue rail service under a subsidy can be filed with the Board. Because the proposed action is for the discontinuance of service over, but not the abandonment of the Line, requests for public use conditions and rail banking/trails will not be accepted. An original and 10 copies of any pleading in response to the proposed discontinuance of service (such as offers of financial assistance) must be filed directly with the Board’s Section of Administration, Office of Proceedings, 395 E Street, S.W., Washington, DC 20423 [See 49 C.FR. §§ 1104.1(a) and 1104.3(a)], and one copy must be served on MRL’s representative [See 49 CFR § 1104.12(a)]. Questions regarding offers of financial assistance or other such matters may be directed to the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at 202-245-0230. Copies of any comments or requests for specific Board action should be served on MRL’s representatives: Rose-Michele Nardi and Crystal M. Zorbaugh, Baker & Miller PLCC, 240 Pennsylvania Ave., NW, Ste. 300, Washington, DC 20037. Published on November 17th, 2022. MNAXLP __________________________

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