Legals July 20, 2017
No. 24699 AUTHORIZATION TO PUBLISH SECTION 3 PUBLIC NOTICE Flathead County has received notice of the award of Community Development Block Grant (CDBG) funds from the Montana Department of Commerce. Flathead County will soon commence a project to complete building upgrades and ADA improvements to the Senior Centers in Whitefish and Columbia Falls as well as the Adams building in Kalispell where the Kalispell Senior Center office is located. CDBG regulations governing the grant require that to the greatest extent feasible, opportunities for training and employment arising in connection with this CDBG-assisted project will be extended to local lower-income residents. Further, to the greatest extent feasible, business concerns located in or substantially owned by residents of the project area will be utilized. For more information, please contact Whitney Aschenwald at 800 South Main Street, Room 302, Kalispell, MT 59901, waschenwald@flathead.mt.gov or call (406) 758-2467. Dated July 17, 2017 BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Gary D. Krueger Gary D. Krueger, Chairman July 20, 27, 2017 MNAXLP
No. 24697 AUDIT PUBLICATION STATEMENT An audit of the affairs of the Flathead Special Education Cooperative, Kalispell, Montana, has been conducted by Denning, Downey & Associates, PC. The audit covered the fiscal year ended June 30, 2016. Section 2-7-521, MCA, requires that this publication concerning the audit report include a statement that the audit report is on file in its entirety and open to public inspection at 15 Meridian Court, Kalispell, Montana, and that the Flathead Special Education Cooperative will send a copy of the audit report to any interested person upon request. Sincerely, Charmaine Stappler, Business Manager July 20, 2017 MNAXLP
No. 24655 NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on August 28, 2017, 11:30 AM at the main entrance of the Flathead County Justice Center located at 920 Main Street, Kalispell, Montana 59901, the following described real property situated in Flathead County, State of Montana: Lots One (1) and Two (2) in Block Eleven (11) of Hungry Horse, according to the Map or Plat thereof on file and of record in the office of the County Clerk and Recorder of Flathead County, Montana. More commonly known as 157 3rd Avenue South, Hungry Horse, MT 59919. Forrest Tillman and Jocelyn T. Tillman, as Grantors, conveyed said real property to Alliance Title & Escrow Corp., as Trustee, to secure an obligation owed to North American Mortgage Company, by Deed of Trust on April 8, 1998, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on April 10, 1998 as Instrument No. 199810016120, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Mortgage Electronic Registration Systems, Inc. Assignment Dated: May 7, 2003 Assignment Recorded: May 14, 2003 Assignment Recording Information: as Instrument No. 200313408330 Assignee: Residential Funding Corporation Assignment Dated: June 10, 2009 Assignment Recorded: July 16, 2009 Assignment Recording Information: as Instrument No. 200900020655 Assignee: The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. successor to JPMorgan Chase Bank N.A. Assignment Dated: June 8, 2009 Assignment Recorded: July 16, 2009 Assignment Recording Information: as Instrument No. 200900020656 Assignee: The Bank of New York Mellon Trust Company, N.A. fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, N.A., as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 2006-SP2 Assignment Dated: December 9, 2015 Assignment Recorded: January 4, 2016 Assignment Recording Information: as Instrument No. 201600000006 Assignee: The Bank of New York Mellon Trust Company, National Association FKA The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, N.A., as Trustee for Residential Asset Mortgage Products, Inc., Mortgage Asset-Backed Pass-Through Certificates Series 2005-RP2 Assignment Dated: December 7, 2016 Assignment Recorded: December 27, 2016 Assignment Recording Information: as Instrument No. 201600028787 All in the records of the County Clerk and Recorder for Flathead County, Montana Benjamin J. Mann is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Flathead County, State of Montana, on February 10, 2017 as Instrument No. 201700002964, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to Grantor's failure to make monthly payments beginning November 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. 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 $77,838.77, interest in the sum of $53,518.03, escrow advances of $16,504.03, other amounts due and payable in the amount of $2,568.20 for a total amount owing of $150,429.03, 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 20th day of April, 2017. Benjamin J. Mann Substitute Trustee 376 East 400 South, Suite 300 Salt Lake City, UT 84111 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. 47434 July 6, 13, 20, 2017 MNAXLP
No. 24677 PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP MONTANA RETAIL ON-PREMISES CONSUMPTION RESTAURANT BEER AND WINE LICENSE Indah Sushi, LLC (Members: Stacey Ingham, Tiffany Newman, Kelly Ingham, and Brandon Slocum) has applied to transfer one Montana Retail On-Premises Consumption Restaurant Beer and Wine with Catering Endorsement License No. 07-937-2691-402 to be operated at 250 2nd St. E., Whitefish, 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 (07-937-2691-402) and the applicant's name (Indah Sushi, LLC) (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 July 31, 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 Whitefish. 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. July 13, 20, 2017 MNAXLP
No. 24648 NOTICE OF TRUSTEE'S SALE Reference is hereby made to that certain trust indenture/deed of trust ("Deed of Trust") dated 09/08/14, recorded as Instrument No. 201400017717, mortgage records of FLATHEAD County, Montana in which Richard N Hansard was Grantor, Mortgage Electronic Registration Systems, Inc., solely as a nominee for Glacier Bank, successors and assigns 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: Tract 2 of corrected Certificate of Survey No. 19822, located and being in the Northwest quarter of the Southeast quarter of Section 16, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. By written instrument recorded as Instrument No. 201600019062, beneficial interest in the Deed of Trust was assigned to Wells Fargo Bank, NA. 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 07/01/16 installment payment and all monthly installment payments due thereafter. As of May 12, 2017, the amount necessary to fully satisfy the Loan was $252,625.41. This amount includes the outstanding principal balance of $241,575.37, 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 on the front steps of the Flathead County Courthouse, 800 South Main, Kalispell, MT, City of Kalispell on September 22, 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. (TS# 7023.117535) 1002.289754-File No. July 6, 13, 20, 2017 MNAXLP
No. 24696 AUDIT PUBLICATION STATEMENT An audit of the affairs of the Kila School District, Kila, Montana, has been conducted by Denning, Downey & Associates, PC. The audit covered the fiscal year ended June 30, 2016. Section 2-7-521, MCA, requires that this publication concerning the audit report include a statement that the audit report is on file in its entirety and open to public inspection at the Daily Interlake, and that the Kila School District will send a copy of the audit report to any interested person upon request. Sincerely, Sharon Leach, Kila School Business Manager July 20, 2017 MNAXLP
No. 24694 Duncan Scott Scott & Kienzle, P.C. 1001 South Main Street Kalispell, MT 59901 (406) 752-1250; Fax 752-6001 Duncan@Dscottlaw.com Attorneys for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In the Matter of the Estate of: KATHERINE J. HOLLINGSWORTH, Deceased. Probate No. DP-17-145A Judge Amy Eddy NOTICE TO CREDITORS Pursuant to Section 72-3-801, MCA, Michael J. Hollingsworth has been appointed personal representative. All creditors of this estate must present their claims within four months after the date of this notice's first publication, or the claims will be forever barred. Claims must be delivered either to the personal representative's undersigned counsel, or filed with the Clerk of the above entitled Court, with a copy to undersigned counsel. Date: July 14, 2017. SCOTT & KIENZLE, P.C. By: /s/ Duncan Scott Duncan Scott Attorneys for Personal Representative 1001 South Main Street Kalispell, MT 59901 (406) 752-1250; Fax 752-6001 Duncan@Dscottlaw.com July 20, 27, August 3, 2017 MNAXLP