Legals July 28, 2017
No. 24727 Request for Public Comment USDA-Forest Service Flathead National Forest Swan Lake Ranger District Missoula County, Montana The Supplemental Environmental Assessment for the Glacier Loon Fuels Reduction and Forest Health Project has been completed and is available for public review and comment. A Supplemental EA was prepared in response to a court order issued in 2014. The Responsible Official for this project is Forest Supervisor Chip Weber. The document is available online at www.fs.usda.gov/project/?project=36946 or contact Rich Kehr, (406) 837-7501 (rkehr@fs.fed.us) for a hard copy of the Supplemental EA or additional information about the project. The project area extends south and west of Condon, MT on the west side of MT Highway 83 to the south end of Lindbergh Lake. The purpose of the project is intended to reduce the associated risk of high-severity landscape wildfire risk within the Wildland Urban Interface (WUI) as identified in the Seeley Swan Fire Plan; improve and/or maintain the general health, resiliency, and sustainability of forested stands; and to provide wood products for local economies. The Supplemental EA documents the environmental effects of four alternatives, including the no action alternative. The action alternatives evaluate the potential effects of varying degrees of tree harvesting and sapling thinning. Pursuant to 36 CFR 218.25, comments on this proposed project will be accepted for 30 days beginning on the first day after the date of publication of this legal notice in the Daily Inter Lake newspaper. If the comment period ends on a Saturday, Sunday, or Federal holiday, comments will be accepted until the end of the next Federal working day. Only individuals or entities (as defined by 36 CFR 218.2) who submit timely and specific written comments (as defined by 36 CFR 218.2) about this proposed project or activity during this or another public comment period established by the responsible official will be eligible to file an objection. Other eligibility requirements are defined by 36 CFR 218.25 (a) (3) and include name, postal address, title of the project and signature or other verification of identity upon request and the identity of the individual or entity who authored the comments. Individual members of an entity must submit their own individual comments in order to have eligibility to object as an individual. A timely submission will be determined as outlined in 36 CFR 218.25 (a) (4). It is the responsibility of the sender to ensure timely receipt of any comments submitted. Comments should be within the scope of the proposed action, have a direct relationship to the proposed action, and must include supporting reasons for the Responsible Official to consider (36 CFR 218.2). Please address comments to Rich Kehr, Swan Lake District Ranger, 200 Ranger Station Road, Bigfork, MT 59911. To submit comments electronically, please send to comments-northern- flathead-swan-lake@fs.fed.us with "Glacier Loon" in the subject line. Acceptable formats include MS Word, Word Perfect, RTF, or PDF. Normal business hours, for those who wish to hand deliver their comments, are 8:00 am - 4:30 pm, Monday - Friday, excluding holidays. Comments received in response to this solicitation, including names, addresses, email addresses, and phone numbers of those commenting, will be considered part of the public record and will be available for public inspection. July 28, 2017 MNAXLP
No. 24719 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Sections 15-24-1402 and 76-15-103, M.C.A., that it will hold a public hearing to consider the application of Nomad Global Communications Solution and KK+B Partnership, located at 5420 Highway 2 West in Columbia Falls, Montana, seeking the application of tax reducing benefits for the $890,000.00 worth of new construction. If the application is granted, the increased value will be taxed at fifty percent of its taxable value in the first five years after approval; in each year thereafter, the percentage will be increased by 10 percent until the full taxable value is attained in the tenth year. The public hearing will be held on the 15th day of August, 2017 at 9:30 o'clock a.m. in the Chambers of the Board of Commissioners of Flathead County, Montana, Courthouse, Third Floor, 800 South Main Street, Kalispell, Montana. At the public hearing, the Board of Commissioners will give members of the public an opportunity to be heard regarding the application for tax reduction of the Nomad Global Communications Solution facility. DATED this 24th day of July, 2017. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Gary D. Krueger Gary D. Krueger, Chairman July 28, August 11, 2017 MNAXLP
No. 24702 NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on September 26, 2017, 11:00 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: That portion of Government Lot 5 and the Northwest Quarter of the Southwest Quarter of Section 4, Township 27 North, Range 21 West, P.M.M., Flathead County, Montana, known as: Parcel F of Certificate of Survey No. 6806. More commonly known as 435 White Basin Road, Kalispell, MT 59901. Grant Spoklie, as Grantor, conveyed said real property to First American Title Company, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as nominee for CitiMortgage, Inc., its successors and assigns, by Deed of Trust on June 26, 2008, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on July 1, 2008 as Instrument No. 200800018386, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Green Tree Servicing LLC Assignment Dated: August 19, 2014 Assignment Recorded: August 20, 2014 Assignment Recording Information: as Instrument No. 201400016062 Assignee: CitiMortgage, Inc. Assignment Dated: March 31, 2014 Assignment Recorded: April 11, 2014 Assignment Recording Information: as Instrument No. 201400006127 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 May 11, 2017 as Instrument No. 201700009392, 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 August 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. 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 $385,577.10, interest in the sum of $14,120.25, escrow advances of $1,885.31, other amounts due and payable in the amount of $1,289.21 for a total amount owing of $402,871.87, 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, 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. 48814 July 21, 28, August 4, 2017 MNAXLP
No. 24703 NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on September 26, 2017, 11:00 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: Lot 35 of LAKE SHORE HEIGHTS NO. 2, according to the Map or Plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. More commonly known as 210 Lakeshore Drive, Kalispell, MT 59901. Cheryl L. Rygg and Thomas S. Rygg, as Grantors, conveyed said real property to Flathead County Title Company, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as nominee for Mountain West Bank, N.A., its successors and assigns, by Deed of Trust on May 12, 2006, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on May 17, 2006 as Instrument No. 200613714040, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Bank of America, N.A., Successor by merger to BAC Home Loan Servicing LP, FKA Countrywide Home Loans Servicing LP Assignment Dated: October 18, 2012 Assignment Recorded: October 19, 2012 Assignment Recording Information: as Instrument No. 201200024216 Assignee: Green Tree Servicing LLC Assignment Dated: June 5, 2013 Assignment Recorded: July 1, 2013 Assignment Recording Information: as Instrument No. 201300016104 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 May 11, 2017 as Instrument No. 201700009390, 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 April 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. 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 $214,938.64, interest in the sum of $12,414.80, escrow advances of $5,246.23, other amounts due and payable in the amount of $4,261.79 for a total amount owing of $236,861.46, 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, 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. 49467 July 21, 28, August 4, 2017 MNAXLP
No. 24654 NOTICE OF SALE Department of Natural Resources & Conservation Timber Sale The Johnson's Yurt Timber Sale is located within Sections 31 and 32, T34N-R23W on the State's Stillwater Unit. Approximately 23,196 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 August 9, 2017 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 $17,026.00, 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. 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), the Northwestern Land Office in Kalispell (406-751-2257), or the Stillwater Unit Office in Olney, MT (406-881-2371). Visit our website at http://dnrc.mt.gov/divisions/trust//forest-management/timber-sale-information for upcoming sales and bid results. July 7, 14, 21, 28, 2017 MNAXLP
No. 24720 LEGAL NOTICE Montana Fish, Wildlife & Parks (FWP) is recommending that the Fish and Wildlife Commission approve the purchase of a conservation easement on the Lazy Creek portion of the Whitefish Lake Watershed Project area as proposed in the Preferred Alternative of the environmental assessment (EA). FWP released a draft EA for public comment from June 13 to July 12, 2017, and held a public hearing in Whitefish on June 21. FWP received 34 public comments, with all in favor of conserving this property. Four specified a preference for the Preferred Alternative and two supported the Secondary Alternative, with one of those wanting FWP or the US Forest Service to own the entire property. All comments are addressed in the decision notice. The Whitefish Lake Watershed Project is a proposal by FWP and The Trust for Public Land (TPL) to conserve twenty-one sections (approximately 13,398 acres) of Weyerhaeuser property located approximately nine miles northwest of Whitefish, Montana. Under this proposal, TPL would acquire the entire project area from Weyerhaeuser by the end of September 2017. FWP would purchase the Lazy Creek Conservation Easement (CE) on sixteen sections (~10,218 acres). The Montana Department of Natural Resources and Conservation (DNRC) would purchase the underlying fee ownership from TPL once the conservation easement is in place. The Bonneville Power Administration (BPA) would provide funding for purchase of the other five sections (~3,180 acres) in the Swift Creek drainage. In exchange for their funding, BPA would retain a perpetual conservation easement on the five sections. Under the Preferred Alternative, ownership of the Swift Creek sections would be transferred to DNRC. Both FWP's acquisition of the Lazy Creek CE and DNRC's ownership of the property require the approval of the State Land Board. "FWP appreciates the commitment from Weyerhaeuser, TPL, BPA, and DNRC, who have all helped to provide this opportunity to continue sustainable forest management, conserve fish and wildlife habitat, and provide for continued public enjoyment on these treasured lands," said Jim Williams, Regional Supervisor for FWP in Kalispell. Copies of the decision notice are available at the FWP office, 490 N. Meridian Rd., Kalispell; Montana State Library, 1515 E 6th Ave., Helena; FWP State Headquarters, 1420 E 6th Ave., Helena; the FWP website at http://fwp.mt.gov/news/publicNotices/decisionNotices/; and available for viewing at local libraries. Contact persons: Alan Wood (406-751-4595; awood@mt.gov) or Kris Tempel (406-751-4573; ktempel@mt.gov). July 28, 2017 MNAXLP
No. 24732 MARK S. SMITH, Plaintiff, vs. AVALANCHE RANCH TRUST, AMBER KELLEHER, INDIVIDUALLY AND AS SOLE TRUSTEE, TRUSTOR AND BENEFICIARY OF THE AVALANCHE RANCH TRUST, and JOHN DOES 1-5, Defendants. CAUSE #DV-15-658B To be sold at public sale on the 7th day of August, 2017, at 3pm at Gardner's Auction, 200 United Drive, Kalispell, Montana 59901: a large amount of high end furniture and home décor from "Avalanche Ranch." High end heavily carved buffets, tables, entry pieces, armoires, leather furniture, slate top pool table, game tables, several housefuls of quality furniture and décor, paintings and more. July 28, August 4, 7, 2017 MNAXLP
No. 24726 PUBLIC NOTICE Notice of Intent to Transfer Location of Air Quality Permit (Pursuant to Section 75-2-211, MCA, and ARM Title 17, Chapter 8, Subchapter 7, PERMIT, CONSTRUCTION AND OPERATION OF AIR CONTAMINANT SOURCES). PAVECO, LLC. will file on or about July 24, 2017 a notification of intent to transfer location of an air quality permit with the Permitting and Compliance Division/ Air Resources Management Bureau of the Montana Department of Environmental Quality. Applicant seeks approval of its transfer of location of Mobile Hot Asphalt Plant Air Quality Permit # 4991-00 to 48° 24 59" N115° 32' 57 30'W, Lincoln County 1/4 mile up Pipe Creek, City of Libby Gravel Pit. The division must approve or disapprove the permit transfer within 30 days of receipt of a complete notice of intent. Any member of the public with questions or who wishes to review a copy of the permit and the division's analysis of it, or to submit comments on the change of location must contact the division at 1520 East Sixth Street, P.O. Box 200901, Helena, Montana 59620-0901 - phone (406) 444-3490. Any comments on the location transfer must be submitted to the division within 15 days after the date of this publication. July 28, 2017 MNAXLP