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Legals December 28, 2016

| December 28, 2016 5:10 AM

No. 24161 CITY OF KALISPELL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council on the 19th day of December, 2016, passed Resolution No. 5793 declaring an intention to create a Downtown Business Improvement District within the City of Kalispell, pursuant to Title 7, Chapter 12 Montana Code Annotated. The exterior boundaries of the business improvement district are more particularly described in Exhibit "A" attached to the Resolution. Said Resolution No. 5793 declares that the creation of such a business improvement district will promote the health, safety, prosperity, security, and general welfare of the inhabitants thereof and is in the best interest of the City of Kalispell; and will be of special benefit to the property within the boundaries of the district. NOTICE is further given that for a period of fifteen (15) days after December 28, 2016, that date being the first day of publication of this Notice in the Daily Inter Lake, the City Clerk will receive from the property owners in the area proposed to be included in the business improvement district, written protests against the creation of the district to be assessed, or both. The City Council of the City of Kalispell shall hold a public hearing on the 17th day of January, 2017, at 7:00 p.m., in the Council Chambers, City Hall, Kalispell, Montana and consider all communication received by the City Clerk pursuant to this Notice. After considering the same, the Council shall proceed to hear and pass upon all protests and may duly and regularly pass and adopt a Resolution approving the creation of the Downtown Business Improvement District as described in Exhibit "A". Its decision shall be final and conclusive. If passed, the time when the said Resolution shall go into effect shall be fixed by said Resolution. Aimee Brunckhorst, CMC, City Clerk December 28, and January 8, 2016 MNAXLP

No. 24149 CALL FOR BIDS Notice is hereby given that sealed bids for the crushing and stockpiling of broken asphalt from the County's operations and asphalt plant at Flathead County's Old Steel Bridge gravel pit will be received by the County Board of Commissioners of Flathead County, Montana. The work contemplated consists of crushing and stockpiling of the following: BASE BID BROKEN ASPHALT MATERIAL Approximately 20,000 to 25,000 tons of broken asphalt material at the Old Steel Bridge Pit in Flathead County. Crushed material to meet gradation below. PERCENTAGE BY WEIGHT PASSING SQUARE MESH SIEVES Sieve Size Job Mix Target Bands 2" 100 % 1 1/2" ---- 1" --- No. 4 25-60% No. 40 10-30 % No. 200 ---- The above gradation bands represent the job mix target limits, which determine the suitability of material. The final job mix target gradation must be within the specified bands and uniformly graded from course to fine and not vary from the low limits on one screen to the high limit on the adjacent screen, or vice versa. Contractor to perform sieve analysis (AASHTO T27 and T11) every 5,000 tons. Actual amounts to be crushed shall be determined based upon quantity of suitable material and unit prices. Crushed material quantity will be paid for by determining a rodded unit weight (ASTM C29) for product and accompanying owner survey to determine pile volume. All material up to 4 feet shall be crushed; any material over 4 feet will be considered oversize. Material and pit area may be viewed by making an appointment with the Road Department. Bidders are highly encouraged to view stockpile prior to bidding. Estimated pile volume is NOT guaranteed and Flathead County makes no assurances of total volume of material to be crushed. Flathead County believes the stockpile is relatively clean of unwanted materials but assumes no responsibility for bidder's equipment during the project. The location of material to crush shall be as directed by the Road Department. The location of the stockpile will be designated by the Road Department at the time of crushing. Contact the Department if there are any questions or to set up a time to view the crushing site. Bid proposals must be submitted on a form to be provided for the purpose, addressed to the Board of County Commissioners, 800 South Main, Room 302, Kalispell, MT 59901, and enclosed in a sealed envelope marked, "Proposal for Crushing and Stockpiling Broken Asphalt." No proposal will be considered unless accompanied by a proposal security in the amount of ten percent (10%) of the bid to secure the bidder's express covenant that if the bidder is awarded the contract, the bidder will, within ten (10) days, enter into a formal contract for the purchase and sale of said materials. Bid security shall be payable to Flathead County and shall be in the form of lawful money of the United States; a cashier's check, certified check, bank money order or bank draft issued by a Montana bank, or a bid bond executed by a surety corporation authorized to do business in Montana. A performance bond will be required for the faithful performance of the successful contractor in the full amount of the bid. Specifications, forms of contract, proposal blanks and full instructions are on file and may be obtained from the Clerk to the Board of Commissioners, 800 South Main, Room 302, Kalispell, MT 59901. Time is of the essence. Liquidated damages in the amount of $100.00 per day shall be due in the event that the contractor fails to complete the contract within sixty (60) days. This allows thirty (30) days for the contractor to file a public notice of moving and the State change of location notice. Extenuating circumstances will be considered by the County Commissioners for extension of the contract date. The successful bidder must contract to pay prevailing wage rates (Highway Construction Services) set by the Montana Department of Labor. The Contractor and all subcontractors will be required to have a certificate of registration from the Employment Relations Division of the Montana Department of Labor and Industry in the proper classification. The successful bidder must contract to give preference to the employment of bona fide residents of Montana in the performance of the work. A resident bidder will be allowed a preference against the bid of any nonresident bidder from any state or county that enforces a preference for resident bidders equal to the preference given in the other state or county. The successful bidder will also be required to provide proof of Workers' Compensation insurance and/or an independent contractor certification from the State, as well as satisfy the County's minimum insurance requirements. All sealed bids, plainly marked as such, must be delivered to the Clerk to the Board of Commissioners, 800 South Main, Room 302, Kalispell, MT 59901, on or before 12:00 PM on January 13, 2017. Bids will be opened and read at 9:00 AM on January 17, 2017 in the Commissioner's Chambers, located on the third floor of the County Courthouse. The Board of Commissioners reserves the right to reject any and all bids and to accept the bid deemed to be in the best interest of Flathead County. The award of a bid will be made solely by the issuance of a letter of award to the successful bidder by the Office of the Flathead County Board of Commissioners. Dated this 19th day of December 2016. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman December 28, and January 4, 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. 24156 PUBLIC NOTICE Notice to Water Users (Pursuant to Section 85-2-307, MCA) The following application has been submitted to appropriate water in the State of Montana. THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PROPOSES TO GRANT AN APPLICATION FOR BENEFICIAL WATER USE PERMIT. DESCRIBED BELOW ARE THE PERTINENT FACTS WHICH SUMMARIZE THE APPLICATION. THE PRELIMINARY DETERMINATION (PD) DOCUMENTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ANY CONDITIONS ATTACHED TO THE WATER RIGHT ARE AVAILABLE ON THE INTERNET AT http://www.dnrc.mt.gov/wrd/. OBJECTION DEADLINE: FEBRUARY 10, 2017. THE DEPARTMENT CAN ONLY ACCEPT OBJECTIONS FILED ON AN OBJECTION TO APPLICATION, FORM 611. MAIL THE COMPLETED FORM AND THE $25.00 FILING FEE TO THE DNRC, PO BOX 201601, HELENA, MT 59620-1601 BY THE DEADLINE SPECIFIED. THE FORM IS AVAILABLE ON THE DEPARTMENT'S WEBSITE. DIRECT ANY QUESTIONS PERTAINING TO THE APPLICATION, TO OBTAIN THE PD OR OBJECTION FORM TO THE WATER RESOURCES OFFICE AT 655 TIMBERWOLF PARKWAY, SUITE 4, KALISPELL, MT 59901-2387, PHONE: 406-752-2288, FAX: 406-752-2843. IF ISSUED, THE RIGHT WILL BE SUBJECT TO PRIOR EXISTING WATER RIGHTS. Application Number: 76LJ 30104499 Owners: WINTER SPORTS INC PO BOX 1400 WHITEFISH, MT 59937 Priority Date: JULY 22, 2016 at 11:20 A.M. Purpose (use): COMMERCIAL Maximum Flow Rate: 70.00 GPM Maximum Volume: 3.35 AC-FT THIS PERMIT IS FOR ZERO VOLUME; GROUNDWATER CERTIFICATE 76LJ 61969-00 PROVIDES 3.35 AF. THIS PERMIT IS FOR ADDTIONAL FLOW FROM WELL #1 AND #2. Source Name: GROUNDWATER Source Type: GROUNDWATER Point of Diversion and Means of Diversion: County FLATHEAD Period of Diversion: JANUARY 1 TO DECEMBER 31 ID 1; Qtr Sec NESESW; Sec 25; Twp 32N; Rge 22W Diversion Means: WELL Well Depth: 988.00 FEET Static Water Level: 774.00 FEET ID 2; Qtr Sec NWSWSE; Sec 25; Twp 32N; Rge 22W Diversion Means: WELL Well Depth: 997.00 FEET Static Water Level: 731.20 FEET Purpose (Use): COMMERCIAL Purpose Clarification: SUMMIT HOUSE FACILITY Volume: 3.35 AC-FT Period of Use: JANUARY 1 to DECEMBER 31 Place of Use: County FLATHEAD ID 1; Qtr Sec S2; Sec 25; Twp 32N; Rge 22W Remarks: ASSOCIATED RIGHT THIS WATER RIGHT IS ASSOCIATED WITH GROUNDWATER CERTIFICATE 76LJ 61969-00; THEY HAVE OVERLAPPING PLACES OF USE AND SHARE A POINT OF DIVERSION (PWS #1). PWS WELL #1 AND #2 ARE MANIFOLD. COMBINED THESE TWO RIGHTS SHALL NOT EXCEED 3.35 AF AND 70 GPM. December 28, 2016 MNAXLP

No. 24160 PUBLIC NOTICE BEAR CREEK NEAR BIG FORK, MT The Flathead Conservation District (FCD) will conduct a public hearing on March 6, 2017, 6 PM at the Red Lion Hotel, Kalispell Center Mall, 20 N Main St in Kalispell, MT 59901 to hear public comments prior to making a declaratory ruling on whether FCD has jurisdiction over Petitioners' (David and Jacqueline Stalowy) activities on Bear Creek under the Natural Streambed and Land Preservation Act. Interested persons are encouraged to submit written statements, data, and information to the FCD, 133 Interstate Lane, Kalispell, MT 59901 by January 25, 2017. Rebuttals to information may be sent to the above address by February 15, 2017. Written materials must be verified. A copy of the verification form can be obtained from the FCD or on FCD's website: http://flatheadcd.org/. Interested persons may obtain a Scheduling Order for the Public Hearing by contacting Valerie Kurth, FCD, (406) 752-4220 or vkurth@flatheadcd.org. The scheduling order provides detail and instructions on how written statements, data, and information, including rebuttal information, is to be submitted prior to the public hearing. December 28, and January 11, 2016 MNAXLP

No. 24162 Jason J. Henderson, #11414 Mackoff Kellogg Law Firm 38 2nd Ave East Dickinson, North Dakota 58601 701-227-1841 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF Kevin S. Johnson, Deceased Probate No. DP-16-232A NOTICE OF HEARING NOTICE IS HEREBY GIVEN that Jason J. Henderson has filed an Application or Petition to be Formally Appointed as Limited Special Administrator of the Estate of Kevin S. Johnson, which may be examined in the office of the Clerk of this Court. Hearing has been set at the Courtroom of this Court in Kalispell, Flathead County, Montana, on the 14th day of March, 2017, at 8:30 o'clock a .m., at which time and place all interested persons may appear and object. DATED this 22nd day of December, 2016. /s/ Jason J. Henderson Jason J. Henderson, #11414 Mackoff Kellogg Law Firm 38 2nd Ave East Dickinson, North Dakota 58601 December 28, and January 4, 11, 2016 MNAXLP

No. 24153 LEGAL NOTICE Request for Proposals Availability of Land for Lease The Department of Natural Resources and Conservation (DNRC) Kalispell Unit Office (KU) is Requesting Proposals for the Lease of Lands Owned by the State of Montana. The property proposed for lease is approximately 1.26 acres in size and is a portion of the Spring Prairie Planned Unit Development located within the City of Kalispell, Montana. More specifically, the property is located SW1/2 SW1/4 NE1/4 Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The subject property is bounded on the NE by Old Reserve Drive, on the NW by Treeline Road (constructed and will be dedicated as part of the subdivision) and on the south by the Kidsports complex. A full grade separated interchange at US 93A and Old Reserve Drive and was recently completed in fall of 2016. All private and public utilities and services are located nearby. The successful proponent will be required to complete a ground lease on the subject property within sixty (60) days of selection. Request For Proposal (RFP) documents and additional information can be found at http://dnrc.mt.gov/divisions/trust/real-estate/commercial-leasing/available-for-lease-now . Questions and additional information requests should be addressed to the DNRC Kalispell Unit Office, Attn: Anne Shaw Moran, 655 Timberwolf Parkway, Suite 2, Kalispell, MT 59901 or via email by submitting a request to Anne Shaw Moran at the following email address asmoran@mt.gov with "Treeline One Lease Proposal" in the subject line. The Kalispell Unit Office must receive all proposals by 4:00 p.m. on Monday, March 20, 2017. Late proposals and postmarks will not be accepted or considered. The DNRC reserves the right to reject all proposals and extend the proposal deadline. /s/ Anne Shaw Moran Anne Shaw Moran, Unit Planner DNRC-KU December 21, 28, 2016 MNAXLP

No. 24154 LEGAL NOTICE Request for Proposals Availability of Land for Lease The Department of Natural Resources and Conservation (DNRC) Kalispell Unit Office is Requesting Proposals for the Lease of Lands Owned by the State of Montana. The property proposed for lease is approximately 8.3 acres in size and is a portion of the Spring Prairie Planned Unit Development located within the City of Kalispell, Montana. More specifically, the property is located within the NE1/4 SW1/4 Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The subject property is bounded on the north and west by Treeline Road, on the south by the Bloomstone residential development, and on the east by the Kidsports complex. All private and public utilities and services are located nearby. The successful proponent will be required to complete a ground lease on the subject property within sixty (60) days of selection. Request For Proposal (RFP) documents and additional information can be found at http://dnrc.mt.gov/divisions/trust/real-estate/commercial-leasing/available-for-lease-now . Questions and additional information requests should be addressed to the DNRC Kalispell Unit Office, Attn: Steve Lorch, 655 Timberwolf Parkway, Suite 1, Kalispell, MT 59901-1215 or via email by submitting a request to Steve Lorch at the following email address slorch@mt.gov with "Snowline Lease Proposal" in the subject line. The Kalispell Unit Office must receive all proposals by 4:00 p.m. on Monday, March 20, 2017. Late proposals and postmarks will not be accepted or considered. The DNRC reserves the right to reject all proposals and extend the proposal deadline. /s/ Steve Lorch Steve Lorch, Area Planner DNRC-NWLO December 21, 28, 2016 MNAXLP

No. 24163 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF NANCY W. ASHTON, Deceased. Cause No. DP-16-258 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned have been appointed Co-Personal Representatives 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 claim will be forever barred. Claims must either be mailed to LISA A. LINDSAY, MARK D. ASHTON, KAREN A. SAUNDERS and STEPHEN M. FISHER, the Co-Personal Representatives, return receipt requested, c/o Jay T. Johnson, P. O. Box 7370, Kalispell, Montana, 59904, or filed with the Clerk of the above Court at 920 South Main, Kalispell, Montana, 59901. DATED this 21st day of December, 2016. MOORE COCKRELL, GOICOECHEA & JOHNSON, P.C. /s/ Jay T. Johnson JAY T. JOHNSON P. O. Box 7370 Kalispell, MT 59901 Attorneys for Co-Personal Representatives /s/ Lisa A. Lindsay Lisa A. Lindsay, Co-Personal Representative 2920 W. Chestnut Road Mequon, WI 53092 STATE OF Wisconsin :ss. County of Milwaukee LISA A. LINDSAY, Co-Personal Representative of the Estate of NANCY W. ASHTON, being first duly sworn, upon oath, deposes and says: That I have read the foregoing Notice to Creditors and that the representations therein are true as far as I know or am informed. /s/ Lisa A. Lindsay Lisa A. Lindsay, Co-Personal Representative SUBSCRIBED AND SWORN to before me this 30th day of November, 2016. /s/ Suzanne M. Head Notary Public for the State of Wisconsin Residing at Milwaukee, Wisconsin My Commission expires 9/18/20 /s/ Mark D. Ashton Mark D. Ashton, Co-Personal Representative 3580 N. Abingdon Street Arlington, VA 22207-4307 Commonwealth of Virginia :ss. County of Arlington MARK D. ASHTON, Co-Personal Representative of the Estate of NANCY W. ASHTON, being first duly sworn, upon oath, deposes and says: That I have read the foregoing Notice to Creditors and that the representations therein are true as far as I know or am informed. /s/ Mark D. Ashton Mark D. Ashton, Co-Personal Representative SUBSCRIBED AND SWORN to before me this 8th day of December, 2016. /s/ Diane C. Frey Notary Public for the Commonwealth of Virginia Residing at Fairfax, Virginia My Commission expires July 21, 2020 /s/ KAREN A. SAUNDERS Karen A. Saunders, Co-Personal Representative P. O. Box 1803 Kalispell, MT 59904 STATE OF MONTANA :ss. County of Flathead KAREN A. SAUNDERS, Co-Personal Representative of the Estate of NANCY W. ASHTON, being first duly sworn, upon oath, deposes and says: That I have read the foregoing Notice to Creditors and that the representations therein are true as far as I know or am informed. /s/ Karen A. Saunders Karen A. Saunders, Co-Personal Representative SUBSCRIBED AND SWORN to before me this 1st day of December 2016. /s/ Kathleen A. Burt Notary Public for the State of Montana Residing at Kalispell, Montana My Commission expires 7/23/2020 /s/ Stephen M. Fisher Stephen M. Fisher, Co-Personal Representative 7132 Hillcrest Drive Milwaukee, WI 53213 STATE OF Wisconsin :ss. County of Milwaukee STEPHEN M. FISHER, Co-Personal Representative of the Estate of NANCY W. ASHTON, being first duly sworn, upon oath, deposes and says: That I have read the foregoing Notice to Creditors and that the representations therein are true as far as I know or am informed. /s/ Stephen M. Fisher Stephen M. Fisher, Co-Personal Representative SUBSCRIBED AND SWORN to before me this 9th day of December, 2016. /s/ Vicki L. Van Hart Notary Public for the State of Wisconsin Residing at West Allis, Wisconsin My Commission expires 2/15/19 December 28, and January 4, 11, 2016 MNAXLP