Legals for July, 13 2023
Cause no: DV 23-89 Dept. No: 2002 Montana 20th Judicial District Court, Lake County In the Matter of the Name Change of Shania Smith Shania Smith, Petitioner Notice of Hearing on Name Change This is notice that Petitioner has asked the, District Court for a change of name from Shania Anne Smith to Shay Anne Caos The hearing will be on July 20, 2023 at 10:00 am. The hearing will be at the Courthouse in Lake County. Date: 6/22/2023 /s/ Lyn Fricker Clerk of District Court By: Mary Rensvold, Deputy Clerk of Court Published on June 29th, July 6th, 13th & 20th, 2023. MNAXLP __________________________
NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee’s Sale on October 3, 2023, at 11:00 AM on the front steps of the Lake County Courthouse, 106 Fourth Avenue East, Polson, MT, the following described real property situated in Lake County, State of Montana: A portion of the NE ¼ SE ¼, Section 27, T. 21 N., R. 21 W., P.M.M., Lake County, Montana, and being more particularly described as follows: Commencing at the one-quarter corner common to Sections 26 and 27, T. 21 N., R. 21 W., P.M.M., thence South 89 degrees 44' 54" W, 1321.39 feet; thence S 00 degrees 19' 40" E, 150.00 feet to the point of beginning; thence S 00 degrees 19' 40" E, 1174.37 feet; thence N 89 degrees 41' 55" E, 1173.28 feet; thence N 32 degrees 33' 42" W, 276.48 feet; thence N 04 degrees 26' 12" W, 180.60 feet, thence N 32 degrees 31' 39" W, 276.48 feet; thence N 04 degrees 26' 12" W, 180.60 feet; thence N 32 degrees 31' 39" W, 292.82 feet; thence N 43 degrees 14' 21" W, 240.26 feet; thence N 76 degrees 49' 54" W, 384.17 feet; thence N 55 degrees 16' 07" W, 101.73 feet; thence N 39 degrees 39' 42" W, 195.80 feet; thence N 71 degrees 56' 03" W, 119.22 feet to the point of beginning, containing 20.65 acres, subject however to all easements, reservations and restrictions, apparent or of record. More commonly known as 43420 Owls Nest Lane, Ronan, MT 59864. Jennifer J. Broughton and Robert J. Broughton, as Grantors, conveyed said real property to Alliance Title & Escrow Corp, as Trustee, to secure an obligation owed to Wells Fargo Bank, N.A., by Deed of Trust dated on February 26, 2010, and filed for record in the records of the County Clerk and Recorder in Lake County, State of Montana, on March 4, 2010, as Instrument No. 505386, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: MCLP Asset Company, Inc. Assignment Dated: December 19, 2022 Assignment Recorded: December 19, 2022 Assignment Recording Information: as Instrument No. 602689 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 May 4, 2023, as Instrument No. 604693, 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, 2013, 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 $199,173.19, interest in the sum of $100,120.14, escrow advances of $36,284.41, other amounts due and payable in the amount of $4,527.67 for a total amount owing of $340,105.41, 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 19th day of May, 2023. 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. MT21140 Published on June 29 and July 6, 13, 2023. MNAXLP ____________________
INVITATION TO BID Separate sealed bids for construction of Water system Improvement Project will be received by the City of Ronan at City Hall located at 207 Main St, Suite A, Ronan, Montana, 59864 until 2:00 pm local time on Wednesday July 19, 2023, and then publicly opened and read aloud. Teams Meeting Info (contact amcconkey@m-m.net for questions): Microsoft Teams Meeting +1 406-318-5699,116339751# United States, Billings Phone Conference ID: 116 339 751# The City of Ronan prefers bidders submit electronic bids as prescribed on the City’s electronic bidding site, www.questcdn.com or https://m-m.net/about/projects-bidding/ The project generally consists of, but is not necessarily limited to, the following major items: Installation of new 8-inch and 6-inch water main; Connection to existing 12-inch, 8-inch and 6-inch water mains; Temporary water main bypass; Reconnection of existing water service lines and appurtenances; Installation of new valves, fittings and fire hydrants; Cut and cap existing water mains; Utility Crossings; Restoration of public right-of-way, private parking lots and lawns Lake County Fairgrounds Water and Sewer Improvements, 4-inch water main, sewer service lines and lift station. This work includes the furnishing and installation of equipment, materials and related appurtenances in the following trades: piping, concrete, landscaping, paving and other related trades. The work will be done under a single contract. Prospective Bidders must purchase contract documents through QuestCDN. Prospective bidders will need the seven digit QuestCDN project number 856490 to locate the job on the QuestCDN website search page. Bids will not be accepted from any prospective bidder who has not purchased contract documents through QuestCDN. Obtaining bidding documents and submitting a bid: Proceed to the the Morrison-Maierle, Inc. website “www.m-m.net” and select the “About” tab and then clicking on “Project Bidding” from the drop down menu, then “View our current projects bidding page” which will direct you to the QuestCDN website. Only firms obtaining documents by this method will be placed on the Planholders List. There will be a pre-bid conference at 11:00 AM. local time (Mountain Time Zone), on Friday July 7, 2023. Interested CONTRACTORS are encouraged to attend. It is the CONTRACTOR’s responsibility to be familiar with the site and any constraints material to the bid. Drawings and Project Manual may also be examined at the following locations: NOTE TO ENGINEER: Edit the following paragraph as required based on the MMI offices that will be provided Contract Documents so they are available to prospective bidders. It is not necessary to provide copies to all offices if bidders are likely to be localized. The City Hall of Ronan and the offices of the consulting engineer, Morrison-Maierle, Inc., at 1055 Mount Ave., Missoula, Montana. Each bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond payable to the City of Ronan, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS shall furnish an approved Construction Performance Bond and a Construction (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. A bid may not be withdrawn after the scheduled time for the public opening of the Bids specified above unless it meets requirements and procedures outlined in Article 16.02 of the Instructions to Bidders. The right is reserved to reject any or all Proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60), and to accept the lowest responsive and responsible bid which is in the best interest of the City of Ronan. The CONTRACTOR(s) is required to be an Equal Opportunity Employer. Published on July 6, July 13, 2023. MNAXLP __________________________
ADVERTISEMENT FOR BIDS City of Polson Polson, MT Polson Street Improvements Project General Notice City of Polson (Owner) is requesting Bids for the construction of the following Project: Polson Street Improvements Project Bids for the construction of the Project will be received at the City Hall located at 106 1st St E, Polson, MT 59860, until Thursday, July 20, 2023 at 2:00 p.m. local time. At that time the Bids received will be publicly opened and read. The Project generally includes the following Work: Cold milling existing pavement, grading, paving, new curb & gutter, tree root removal, and pavement markings. The project will be separated into five (5) Schedules: 1) 4th Ave. W. - 2nd St. W to 1st St. W, 2) 2nd St. W - 4th Ave. W to 5th Ave. W, 3) 2nd St. W – 5th Ave. W to 6th Ave. W, 4) 5th Ave. W – 2nd St. W to 1st St. W, 5) 4th Ave. E – 2nd St. E to 4th St. E & 6th St. E to 7th St. E Bids are requested for the following Contract: Polson Street Improvements Project Obtaining the Bidding Documents The Issuing Office for the Bidding Documents is: HDR 700 SW Higgins Ave., Suite 200 Missoula, MT 59803 To obtain Bidding Documents either electronically or hard copies, contact: Devie Bessette with HDR at (406) 532-2200 or Devie.Bessette@hdrinc.com. The contact person for design questions is: Riley Lubbers, PE with HDR. He can be contacted at (406) 532-2229 or riley.lubbers@hdrinc.com. Prospective Bidders may obtain or examine the Bidding Documents at the Issuing Office on Monday through Friday between the hours of 8:30 AM and 4:30 PM local time, and may obtain copies of the Bidding Documents from the Issuing Office as described above. Partial sets of Bidding Documents will not be available from the Issuing Office. Neither Owner nor Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda, if any, obtained from sources other than the Issuing Office. Electronic bidding documents in portable document format (PDF) are available free of charge by contacting Devie Bessette at 406-532-2200 or devie.bessette@hdrinc.com. Documents will either be emailed or a link to a OneDrive site will be provided for downloading bidding documents. Additional Bid Requirements Bids must be sealed and clearly marked as “Polson Street Improvements Project” on the outside envelope. Each Bid must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond payable to the City of Polson, in an amount not less than ten percent (10%) of the total amount of the Bid. The successful Bidder 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 and a certificate of that insurance shall be provided. If the Invitation to Bid is amended, then all terms and conditions which are not modified remain unchanged. It is the Bidder’s responsibility to keep informed of any changes to the solicitation. Bidders must sign and return with their Bid an Acknowledgment of Addendum for any addendum issued. Bids that fail to include an Acknowledgement of Addendum may be considered unresponsive. The right is reserved to reject any or all Bids received, select up to five (5) of the Schedules or any combination of, to waive informalities, to postpone the award of the Contract for a period not to exceed sixty (60) days, and to accept the lowest responsive and responsible Bid which is in the best interest of the Owner. Bidders are responsible for reviewing all Bidding Documents. For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents. This Advertisement is issued by: Owner: City of Polson By: Kim Sassaman Title: City Finance Office Published on July 6, July 13, 2023. MNAXLP ___________________
No. DP-22-33 Shelly F. Brander KAUFMAN VIDAL HILEMAN ELLINGSON PC 22 Second Avenue West, Suite 4000, Kalispell, MT 59901 Phone: (406) 755-5700 Fax: (406) 755-5783 sfb@kvhlaw.com Attorneys for Personal Representative Montana Twentieth Judicial District Court - Lake County IN THE MATTER OF THE ESTATE OF Charles O. Whitson, Deceased. Judge Deborah Kim Christopher 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 (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 Maxine Whitson, the Personal Representative, return receipt requested, at Kaufman Vidal Hileman Ellingson PC, 22 Second Avenue West, Suite 4000, Kalispell, MT 59901, or filed with the Clerk of the above Court. DATED this 22nd day of June, 2023. ESTATE OF CHARLES O. WHITSON Maxing Whitson, Personal Representative By: /S/ Shelly F. Brander KAUFMAN VIDAL HILEMAN ELLINGSON PC Attorney for Personal Representative Published on July 13th, 20th & 27th, 2023. MNAXLP __________________________
PUBLIC NOTICE: CORRECTED The Board of Lake County Commissioners will hold a public hearing on Monday, August 7th, at 10:00 am in Room 211 (Commissioners Chambers) of the Lake County Courthouse located at 106 4 th Avenue East, Polson, MT 59860, to take public comment on the Resolution of Intention 23-19 to Create the Hillside Road Rural Improvement District. Public comments may be submitted by email to lakecommissioners@lakemt.gov or sent to the address above. If you would like to attend the hearing but are not able to attend in person, please contact Kate Stinger at 406-883-7278, and accommodations will be made for a virtual appearance. RESOLUTION OF INTENTION 23-19, amended To Create the Hillside Road Rural Improvement District WHEREAS, the majority of landowners within the proposed Hillside Road Rural Improvement District submitted a petition on April 27, 2023, to the Board of Lake County Commissioners in favor of creating a Rural Improvement District for the purpose of improving a portion of Hillside Road; and WHEREAS, the boundaries of the district shall include all of the benefitted properties shown in attachment A; and WHEREAS, the nature of the improvement is to chip seal approximately one mile of Hillside Road between Allison Road and Lemery Road; and WHEREAS, the Lake County Road Department shall provide all labor, equipment and material, as described in the attached quote from Lake County Road Supervisor (attachment B); and WHEREAS, an estimate of the total cost to the freeholders is approximately $53,445.00, which includes a one-time administrative fee of $500, and, WHEREAS the method of assessment shall be an equal amount per each separate tax ID parcel within the boundaries of the district, at a total anticipated cost per such parcel of $4,454.00; and, WHEREAS, if an increase occurs in the number of benefited lots, tracts, or parcels within the boundaries of the district during the term of the bonded indebtedness, the assessment per lot, tract, or parcel then in the district will be recalculated as provided in 7-12-2151(4); and, WHEREAS, if the RID passes, each landowner will have the option to prepay the costs associated in a lump sum in order to avoid interest, or they may have the amounts assessed on their annual tax bill over a period of five years, beginning November 2023; that such annual sum shall amount to approximately $890.00 plus interest, annually, at an interest rate of 5.25% as financed by TrailWest Bank; and WHEREAS, if the RID passes, the work will be performed in the summer of 2023, as the Lake County Road Department schedule allows; and WHEREAS, the Board of Lake County Commissioners will hold an additional public hearing on Monday, August 7 th at 10:00 am in the Commissioners Chambers located at 106 4 th Avenue East, Polson, MT 59860, Room 211, for the purpose of taking public comment for or against the creation of the RID # 23-19 and WHEREAS, any person affected may appear and be heard for or against the RID. if you are a landowner protesting the RID, you must submit your protest in writing to the Board of Lake County Commissioners at 106 4 th Avenue East, Polson, MT 59860; or by email to lakecommissioners@lakemt.gov; and NOW, THEREFORE BE IT RESOLVED THAT THE PASSAGE OF THIS AMENDMENT shall be published for two consecutive weeks in the Lake County Leader, and a copy of the resolution and public notice shall be mailed to each property owner within the proposed district at his last known address as listed on the tax rolls.; PASSED AND ADOPTED THIS 26 th day of June 2023. BOARD OF LAKE COUNTY COMMISSIONERS /s/ Gale Decker, Chairman /s/ Steve Stanley, Member /s/ William D. Barron, Member Attest: /s/ Kendra Steele, Clerk & Recorder Published on June 6th & 13th, 2023. MNAXLP __________________________
ANNUAL LAKE COUNTY SCHOOL TRANSPORTATION COMMITTEE MEETING 10:00 A.M., THURSDAY, JULY 20, 2023 LARGE CONFERENCE ROOM #316 THIRD FLOOR LAKE COUNTY COURTHOUSE POLSON, MONTANA Published on June 13th, 2023. MNAXLP __________________________
LEGAL NOTICE On August 3, 2023, at 2 pm, the Lake County Board of Commissioners will hold a public hearing in the Office of the Lake County Commissioners, Room 211 of the Lake County Courthouse on the following item: LIGHT ROAD BUILDINGS FOR LEASE OR RENT Jacob Feistner, plan4approval, agent on behalf of Light Road LLC, is requesting approval to allow for the construction of two storage unit buildings with a total of 99 individual storage units within the two buildings. The subject property is located at 36252 Light Rd, Ronan, and is legally described as a +/-3.08-acre parcel as shown on Deed Exhibit H671 of section 35, T22N, R20W. Information regarding the agenda item is available from the Lake County Planning Dept. Written comments received by July 28, 2023, 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 28, 2023, 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 to 406-883-7205, or e-mailed to planning@lakemt.gov. The options for attendance are in person, or through ZOOM by arrangement. Please contact the Lake County Commissioner’s Office at kstinger@lakemt.gov or at (406) 883-7204 if you would like to attend the meeting virtually. Published on July 13th, 2023. MNAXLP __________________________
AUDIT PUBLICATION STATEMENT An audit of the City of Polson has been conducted by Denning, Downey & Associates, CPA’s, P.C. The audit covered the fiscal year ended June 30, 2022. Section 2-7-521, MCA, requires the publication of the following summary of significant findings. Summary of Significant Findings The audit report for the City of Polson for the fiscal year ended June 30, 2022, were unmodified. The audit report also contained several other auditor’s reports. Following is a list of the reports and a summary of the findings included in each. This is only a summary and is not intended to be used as an audit report. 1. Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards. This report contained findings in the following matters: This report contained no findings. 2. Report on Other Compliance, Financial and Internal Accounting Control Matters. This report contained no findings. 3. Report on Audit Report Recommendations. This report summarized the findings from the prior audit report, and noted the action taken on them. a). 2020-2021-001 Utility Billing Procedures and Collections (Implemented) b). 2021-002 Timeliness of RRGL Grant Requests (Implemented) c). 2020/2021-003 Timely Filing of Annual Financial Report (Implemented) Public Inspection of Audit Report The complete audit report is on file in its entirety and open to public inspection at City Hall. Very Truly Yours, Kim Sassaman, Finance Officer City of Polson Published on July 13th, 2023. MNAXLP __________________________
Case No.: DV-24-2022- 0000142-FO Lewis N. Stoddard, Bar No. 60723896 Halliday, Watkins & Mann, P.C. 300 W. Main Street, Suite 150 Boise, ID 83702 Phone: 801-355-2886 Facsimile: 801-328-9714 lewis@hwmlawfirm.com Attorney for Plaintiff HWM File Number: MT11548 MONTANA TWENTIETH JUDICIAL DISTRICT LAKE COUNTY U.S. Bank Trust National Association, not in its individual capacity but solely as owner trustee for RCF 2 Acquisition Trust c/o U.S. Bank Trust National Association, Plaintiff, V. The Unknown Heirs and Devisees of the Estate of Douglas D. Duncan; Kelly Duncan; and Unknown Parties in possession of or with an interest in the real property commonly known as: 112 6th Ave W, Polson, MT 59860, Defendants. NOTICE OF SALE Under and by virtue of a Writ of Execution issued in the above-entitled action on April 17, 2023, I am commanded to sell at public auction all of Defendants’ rights and interest to the below described property: Land situated in the County of Lake in the State of MT Lot 11 in Block 22 of the original Townsite of Polson, according to the map or plat thereof on file in the office of the Clerk and Recorder of Lake County, Montana. With a property address of: 112 6th Ave W, Polson, MT 59860 Notice is hereby given that on August 29, 2023 at 10:00 AM on the front steps of the Lake County Courthouse, 106 4th Ave E, Polson, MT 59860 the above-described property will be sold to the highest bidder to satisfy Plaintiff’s judgment, with interest and costs. Date: May 22, 2023. Sheriff/Deputy Sheriff of Lake County, State of Montana By: Sheriff Don Bell **WE STRONGLY RECOMMEND ANYONE INTERESTED IN BIDDING ON ANY PROPERTY NOTICED FOR SALE RESEARCH THE OWNERSHIP OF THE PROPERTY THOROUGHLY PRIOR TO BIDDING** Published on July 13th, 20th & 27th, 2023. MNAXLP __________________________
NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on November 6, 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 C of Twin Pines Subdivision, 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 45040 Twin Pines Drive, Dayton, MT 59914. Clifford N. Depue and Joshua James Depue and Sally G. Depue, as Grantors, conveyed said real property to First American Title, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Mann Mortgage, LLC, beneficiary of the security instrument, successors and assigns, by Deed of Trust on January 20, 2016, and filed for record in the records of the County Clerk and Recorder in Lake County, State of Montana, on January 25, 2016 as Instrument No. 546263, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Pingora Loan Servicing, LLC Assignment Dated: May 3, 2023 Assignment Recorded: May 11, 2023 Assignment Recording Information: as Instrument No. 604790 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 June 22, 2023, as Instrument No. 605418, 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 September 1, 2021, 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 $175,348.66, interest in the sum of $13,598.50, escrow advances of $5,359.59, other amounts due and payable in the amount of $767.44 for a total amount owing of $195,074.19, 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 26th day of June, 2023. 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. MT21451 Published on July 13th, 20th & 27th, 2023. MNAXLP __________________________