Legals December 22, 2016
No. 24115 Montana 11th Judicial District Court Flathead County In the Matter of the Name Change of Mary Host: Mary Host, Petitioner Cause No.: DV-16-950B ROBERT B ALLISON NOTICE OF HEARING ON NAME CHANGE This is notice that Petitioner has asked the District Court for a change of name from Mary Elizabeth Host to Mary Elizabeth Clabo The hearing will be on 01/04/2017 at 1:30 p.m. The hearing will be at the Courthouse in Flathead County. Date 11/25/16 PEG L ALLISON Clerk of District Court By: SARA EDMONDSON Deputy Clerk of Court December 1, 8, 15, 22, 2016 MNAXLP
No. 24138 NOTICE OF CLASS ACTION SETTLEMENT WITH PPL MONTANA, LLC AND THE MATTSON PLAINTIFF CLASS OF PROPERTY OWNERS ON THE SHORELINE OF FLATHEAD LAKE AND THE BANK OF FLATHEAD RIVER A group of landowners on Flathead Lake and a portion of the Flathead River located in Flathead County filed a class action lawsuit in the Montana Eleventh Judicial District Court, Kalispell, Montana on November 9, 1999 against Montana Power Company ("MPC") and PPL Montana, LLC ("PPLM"). The landowners claimed the power companies' operation of the Kerr Dam caused damages to the landowners' property. The lawsuit is captioned Mattson, et al. v. Montana Power Co., et al., No. DV-99-548A. The Court certified the class which includes the following group of landowners: All persons and entities (other than the United States, the defendants, and the Confederated Salish and Kootenai Tribes of the Flathead Reservation, Montana) that have since November 9, 1991 to December 1, 2006, owned real property either: i) with frontage on the shoreline of Flathead Lake in Flathead County or Lake County, Montana, or ii) which contains a bank of the Flathead River located in Flathead County, Montana, south of the point at which Lower Valley Road (east of U.S. Highway 93) intersects with the Flathead River, or both. This notice is to advise the class that a hearing will be held on March 9, 2017, at 10:00 a.m. at the Montana Eleventh Judicial District Court for Flathead County, 920 South Main, Kalispell, Montana, 59901. The purpose of the hearing is to determine whether the Court should grant approval of the Amended Stipulation of Settlement and General Release between PPLM and the class as fair, reasonable and adequate, whether the application for award of attorney's fees and reimbursement for expenses should be approved, and whether the case should be dismissed with prejudice. A class settlement with MPC and its insurer National Union Fire Insurance Company of Pittsburgh, PA was previously approved by the Court on August 19, 2015. A Supplemental Notice of Class Action Settlement with PPLM describes a proposed plan of distribution and the rights of class members to file a Proof of Claim and Release ("Claim Form") to receive proceeds from the Settlement Fund from this settlement with PPLM and the earlier settlement with MPC. Claim Forms must be postmarked by May 8, 2017. If you have not received the Supplemental Notice in the mail, which describes in detail this settlement and your rights thereunder, you may request a copy by writing to the Law Offices of Michael M. Mulder at 1603 Orrington Avenue, Suite 600, Evanston, Illinois 60201, or sending an email to mmmulder@mmulderlaw.com. All members of the class will be bound by the Court's judgment. Please do not contact the Court, because its personnel cannot discuss the case with you. December 22, 28, and January 5, 2016 MNAXLP
No. 24128 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on March 27, 2017, at 11:00 AM at the East door of the Flathead County Justice Center located at 920 South Main Street, Kalispell MT 59901, the following described real property situated in Flathead County, Montana: Lot 13 of Riverview Overlook, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Brooks W Baer, as Grantor, conveyed said real property to Insured Titles, 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, its successors and assigns, as Beneficiary, by Deed of Trust on March 5, 2009, and recorded on March 11, 2009 as Document No. 200900006537. The beneficial interest is currently held by PennyMac Loan Services, LLC. First American Title Company of Montana, Inc., is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Flathead County, Montana. The beneficiary has declared a default in the terms of said Deed of Trust by failing to make the monthly payments beginning May 1, 2016, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan. The total amount due on this obligation as of October 1, 2016 is $255,296.05 principal, interest totaling $7,020.66 late charges in the amount of $699.17, escrow advances of $319.25 and other fees and expenses advanced of $39.50, plus accruing interest, late charges, and other costs and fees that may be advanced. The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Grantors. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust. Other expenses to be charged against the proceeds of this sale include the Trustee's fees and attorney's fees, costs and expenses of the sale and late charges, if any. Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the obligation. The sale is a public sale and any person, including the beneficiary, excepting only the Trustee, may bid at the sale. The bid price must be paid immediately upon the close of bidding in cash or cash equivalents (valid money orders, certified checks or cashier's checks). The conveyance will be made by Trustee's Deed without any representation or warranty, including warranty of Title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale. The grantor, successor in interest to the grantor or any other person having an interest in the property, at any time prior to the trustee's sale, may pay to the beneficiary or the successor in interest to the beneficiary the entire amount then due under the deed of trust and the obligation secured thereby (including costs and expenses actually incurred and attorney's fees) other than such portion of the principal as would not then be due had no default occurred and thereby cure the default. The scheduled Trustee's Sale may be postponed by public proclamation up to 15 days for any reason, and in the event of a bankruptcy filing, the sale may be postponed by the trustee for up to 120 days by public proclamation at least every 30 days. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated: November 11, 2016 Kaitlin Ann Gotch Assistant Secretary, First American Title Company of Montana, Inc. Successor Trustee Title Financial Specialty Services PO Box 339 Blackfoot ID 83221 STATE OF Idaho ss. County of Bingham On this 11 day of November, 2016, before me, a notary public in and for said County and State, personally appeared Kaitlin Ann Gotch, know to me to be the Assistant Secretary of First American Title Company of Montana, Inc., Successor Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. Diana Reese Notary Public Bingham County, Idaho Commission expires: 7-29-2022 December 8, 15, 22, 2016 MNAXLP
No. 24129 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on March 29, 2017, at 11:00 AM at the East door of the Flathead County Justice Center located at 920 South Main Street, Kalispell MT 59901, the following described real property situated in Flathead County, Montana: A TRACT OF LAND IN GOVERNMENT LOT 8, SECTION 2, TOWNSHIP 27 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF GOVERNMENT LOT 8; THENCE SOUTH 00°20`37" EAST ALONG THE WEST LINE OF SAID LOT 8, A DISTANCE OF 920.56 FEET; THENCE NORTH 89°23`27" EAST A DISTANCE OF 473.24 FEET; THENCE NORTH 00°18`38" WEST A DISTANCE OF 920.10 FEET TO THE NORTH LINE OF SAID LOT 8; THENCE SOUTH 89°26`58" WEST ALONG THE NORTH LINE OF SAID LOT 8, A DISTANCE OF 473.77 FEET TO THE POINT OF BEGINNING. SHOWN AS TRACT 1 OF CERTIFICATE OF SURVEY NO. 4229. EXCEPTING THEREFROM RIGHTS OF THE PUBLIC IN AND TO THAT PORTION OF THE PREMISES KNOWN AS HAYWIRE GULCH. KAREN LAFLER, as Grantor, conveyed said real property to Alliance Title & Escrow Corp., as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as nominee for SIB Mortgage Corp., as Beneficiary, by Deed of Trust on November 13, 2003, and recorded on November 14, 2003 as Document No. 200331816150. The beneficial interest is currently held by Deutsche Bank National Trust Company, as Trustee for CDC Mortgage Capital Trust 2004-HE1. First American Title Company of Montana, Inc., is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Flathead County, Montana. The beneficiary has declared a default in the terms of said Deed of Trust by failing to make the monthly payments beginning February 1, 2008, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan. The total amount due on this obligation as of September 12, 2016 is $165,806.47 principal, interest totaling $119,486.64 late charges in the amount of $125.39, escrow advances of $20,791.29, and other fees and expenses advanced of $12,489.29, plus accruing interest, late charges, and other costs and fees that may be advanced. The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Grantors. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust. Other expenses to be charged against the proceeds of this sale include the Trustee's fees and attorney's fees, costs and expenses of the sale and late charges, if any. Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the obligation. The sale is a public sale and any person, including the beneficiary, excepting only the Trustee, may bid at the sale. The bid price must be paid immediately upon the close of bidding in cash or cash equivalents (valid money orders, certified checks or cashier's checks). The conveyance will be made by Trustee's Deed without any representation or warranty, including warranty of Title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale. The grantor, successor in interest to the grantor or any other person having an interest in the property, at any time prior to the trustee's sale, may pay to the beneficiary or the successor in interest to the beneficiary the entire amount then due under the deed of trust and the obligation secured thereby (including costs and expenses actually incurred and attorney's fees) other than such portion of the principal as would not then be due had no default occurred and thereby cure the default. The scheduled Trustee's Sale may be postponed by public proclamation up to 15 days for any reason, and in the event of a bankruptcy filing, the sale may be postponed by the trustee for up to 120 days by public proclamation at least every 30 days. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated: November 17th, 2016 Rae Albert Assistant Secretary, First American Title Company of Montana, Inc. Successor Trustee Title Financial Specialty Services PO Box 339 Blackfoot ID 83221 STATE OF Idaho ss. County of Bingham On this 17th day of November, 2016,, before me, a notary public in and for said County and State, personally appeared Rae Albert, know to me to be the Assistant Secretary of First American Title Company of Montana, Inc., Successor Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. Kaitlin Ann Gotch Notary Public Bingham County, Idaho Commission expires: 07/29/2022 December 8, 15, 22, 2016 MNAXLP
No. 24127 PUBLIC OPPORTUNITY TO PROTEST ONE NEW MONTANA RETAIL ON-PREMISES CONSUMPTION BEER AND WINE WITH CATERING ENDORSEMENT GAMING RESTRICTED LICENSE Keats Maxwell has applied for one new Montana Retail On-Premises Consumption Beer and Wine with Catering Endorsement Gaming Restricted License No. 07-901-2601-312 to be operated at 323 South Main, Kalispell, Flathead County. The public may protest this license in accordance with the law. Who can protest this license? Protests will be accepted from residents of the county of the proposed location (Flathead), residents of adjoining Montana counties (Lincoln, Glacier, Pondera, Teton, Lewis & Clark, Powell, Lake, Sanders), and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor's full name, mailing address, and street address; (2) the license number (07-901-2601-312) and the applicant's name (Keats Maxwell); (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor's signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant's qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before January 9, 2017. What happens if the license is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Kalispell. All valid protestors will be notified of the hearing's time, date and location. Hearings typically are scheduled within 90 days. A protester's hearing testimony is limited to the grounds in the protester's letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Patty Kautz, Compliance Specialist for the Department of Revenue's Liquor Control Division, at (406) 444-0017 or PKautz@mt.gov. December 8, 15, 22, 29, 2016 MNAXLP
No. 24137 NOTICE OF TRUSTEE'S SALE Reference is hereby made to that certain trust indenture/deed of trust ("Deed of Trust") dated 09/24/03, recorded as Instrument No. 200327211440, mortgage records of FLATHEAD County, Montana in which Randy Hogue aka Claude R. Hogue was Grantor, Three Rivers Bank of Montana was Beneficiary and Sterling Title Services was Trustee. First American Title Insurance Company has succeeded Sterling Title Services as Successor Trustee. The Deed of Trust encumbers real property ("Property") located in FLATHEAD County, Montana, more particularly described as follows: A tract of land in the Northwest quarter of the Southeast quarter (NW1/4SE1/4) of Section 7, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Commencing at a point which is 66 feet in a Westerly direction from the Southwest corner of Block 240 of Kalispell Townsite Company's Addition Number Six to Kalispell, Montana, and on a line which is a continuation of the Southerly line of said Block 240; thence Northerly in a straight line, parallel with the Westerly line of said Block 240, a distance of 50 feet to the place of beginning; thence from said place of beginning at right angles Westerly a distance of 150 feet to a point; thence at right angles Northerly a distance of 100 feet to a point; thence at right angles Easterly a distance of 150 feet to a point; thence at right angles Southerly a distance of 100 to the place of beginning. By written instrument recorded as Instrument No. 200710208137, beneficial interest in the Deed of Trust was assigned to Wells Fargo Bank, N.A.. Beneficiary has declared the Grantor in default of the terms of the Deed of Trust and the promissory note ("Note") secured by the Deed of Trust because of Grantor's failure timely to 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 ("Loan") is now due for the 06/01/16 installment payment and all monthly installment payments due thereafter. As of October 25, 2016, the amount necessary to fully satisfy the Loan was $110,996.49. This amount includes the outstanding principal balance of $105,992.23, plus accrued interest, accrued late charges, accrued escrow installments for insurance and/or taxes (if any) and advances for the protection of beneficiary's security interest (if any). Because of the defaults stated above, Beneficiary has elected to sell the Property to satisfy the Loan and has instructed Successor Trustee to commence sale proceedings. Successor Trustee will sell the Property at public auction Flathead County Courthouse, 800 South Main Street, Kalispell, MT 59901, On the Front Steps, City of Kalispell on March 13, 2017 at 11:00 AM, Mountain Time. The sale is a public sale and any person, including Beneficiary and excepting only Successor Trustee, may bid at the sale. The bid price must be paid immediately upon the close of bidding at the sale location 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, express or implied, as the sale is made strictly on an as-is, where-is basis. Grantor, successor in interest to Grantor or any other person having an interest in the Property may, at any time prior to the trustee's sale, pay to Beneficiary the entire amount then due on the Loan (including foreclosure costs and expenses actually incurred and trustee's and attorney's fees) other than such portion of the principal as would not then be due had no default occurred. Tender of these sums shall effect a cure of the defaults stated above (if all non-monetary defaults are also cured) and shall result in Trustee's termination of the foreclosure and cancellation of the foreclosure sale. The trustee's rules of auction may be accessed at www.northwesttrustee.com and are incorporated by the reference. You may also access sale status at www.Northwesttrustee.com or USA-Foreclosure.com. Hogue, Claude R. (TS# 7023.117305) 1002.289232-File No. December 22, 29, and January 5, 2016 MNAXLP