Legals for November, 24 2022
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 __________________________
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 __________________________
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 __________________________
Probate Cause No. 22-0285-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: CAROL ANN FINLEY Notice is hereby given that the undersigned, Eric Moulton 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 15th of November, 2022. /s/ Eric Moulton, Personal Representative Address: Eric Moulton 318 Harrison Blvd Kalispell, MT 59901 Published on November 24th, December 1st & December 8th, 2022. MNAXLP __________________________
Probate Cause# 22-0239-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: Mark Gerard Thomas Notice is hereby given that the undersigned, Charlo Rhen Sorrell, 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 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 19th day of October, 2022 /s/Charlo Rhen Sorrell Address: Personal Representative Charlo Rhen Sorrell P.O. Box 178 Arlee, MT 59821 Published on November 24th, December 1st & 8th, 2022. MNAXLP __________________________
LEGAL NOTICE On Wednesday, December 14, 2022, at 3:30 pm, the Lake County Board of Adjustment will hold a public hearing in the large conference room (Room 316) of the Lake County Courthouse. The options for attendance are through ZOOM* or in person. The hearing will include the following items: O’DELL CONDITIONAL USE REQUEST Sean and Cynthia O’Dell are requesting a conditional use approval to allow for a home occupation consisting of a cannabis grow operation within an existing building on their property in the East Shore Zoning District. The +/-2.5-acre subject property is located at 21121 MT Hwy 35 within the East Shore Zoning District and is legally described as lot 1 of SP 132, located in section 20 of T25N, R19W. KANNEBERG CONDITIONAL USE REQUEST Duane Kanneberg is requesting conditional use approval to allow for a temporary dwelling unit during the construction of a new single-family residence in the Finley Point Zoning District, Sub-Unit A, Highway Lakeside. The +/-2.2-acre subject property is legally described as tract 1A on COS 5670 located within section 10, T23N, R19W. Information regarding the agenda items is available from the Lake County Planning Dept. Written comments received by December 5, 2022, 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 December 5 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 4 th Ave E, Polson, MT 59860 or faxed: 406-883-7205 or e-mailed: planning@lakemt.gov. Please note: If you would like to attend the public hearing via ZOOM, please contact the Planning Department at the email above or at (406) 883-7235 prior to the meeting to receive instructions regarding how to attend the meeting virtually. Published on November 24th, 2022. MNAXLP __________________________