Legals August 19, 2018

No. 25584 NOTICE OF PUBLIC HEARING Notice is hereby given that the Kalispell City Council is considering an amendment to the Kalispell Growth Policy - Plan It 2035 to change the land use designation from Urban Residential to Urban Mixed Use on 50.33 acres of land at 3260 Highway 93 South. The Kalispell City Planning Board has considered the amendment, held a public hearing on July 10, 2018, and presented Resolution KGPA-18-01 to the Kalispell City Council recommending adoption of the amendment. The Kalispell City Council, on August 6, 2018, passed a Resolution of Intention to Adopt, Revise, or Reject a Recommended Amendment to the Kalispell Growth Policy - Plan It 2035. On August 20, 2018, at 7:00 pm in the City Hall Council Chambers, 201 First Avenue East, Kalispell, the Kalispell City Council will hold a public hearing regarding the proposed amendment to the Kalispell Growth Policy - Plan It 2035. The proposed amendment can be viewed on the city's website at www.kalispell.com/mayor/agenda.cfm or in the office of the City Clerk at 201 First Avenue East, Kalispell. Any person wishing to address the proposed amendment may appear at this hearing and make oral statements or present same in writing. Written comments may also be submitted for council consideration by delivering the same to the City Clerk at 201 First Avenue East, Kalispell, MT 59901, or by email to citycouncil@kalispell.com prior to the hearing. For additional information please contact the City Clerk at (406) 758-7756. Aimee Brunckhorst, CMC, City Clerk August 12, 19, 2018 MNAXLP __________________________

No. 25581 INVITATION TO BID FLATHEAD AVENUE EXTENSION PROJECT Separate sealed Bids will be received by the City of Whitefish until 11:30 AM, local time, Friday, August 31, 2018, for construction of the Flathead Avenue Extension Project. All received Bids will be publicly opened and read aloud at the City of Whitefish, Council Chambers Conference Room, 418 East 2nd Street, Whitefish, Montana, 59937. The proposed work involves the construction and extension of approximately 600 linear feet of Flathead Avenue from the Whitefish Emergency Service Center to W 18th Street. The proposed work generally includes roadway excavation and placement of new gravel and asphalt, new storm drain systems, new sewer mains and services, new water mains and services, and other miscellaneous improvements. All Bids must be in accordance with the Contract Documents on file with the City of Whitefish, Department of Public Works, 418 East 2nd Street, Whitefish, Montana (406)863-2460; Robert Peccia and Associates, 102 Cooperative Way, Suite 300, Kalispell, Montana, (406)-752-5025; Robert Peccia and Associates, 3147 Saddle Drive, Helena, Montana, (406)-447-5000; Northwest Montana Plans Exchange, 2303 Highway 2 East, Kalispell, MT 59901, (406) 755-5888; Helena Plans Exchange, 1530 Cedar Street, Suite C, Helena, MT 59601, (406) 457-2679. Any objections to published specifications must be filed in written form with the City Clerk prior to bid opening. Digital project bidding documents are available at Robert Peccia & Associates web site (www.rpa-hln.com). Click on the link titled "Current Projects Bidding". You may download and print the Contract Documents at no charge, however, all Prime Contractors that intend to offer a bid for this project must contact Robert Peccia & Associates at the address stipulated above to obtain an "official" Bid Proposal form and to get their name added to the Planholders List. A non-refundable deposit of $30.00 will be required to obtain the "official" Bid Proposal. The entire set of bidding documents may also be obtained in the form of printed construction drawings, specifications and the "official" Bid Proposal for a non-refundable deposit of $150.00, if the Contractor chooses not to download and print their own documents. No bids will be considered unless they are submitted on the "official" Bid Proposal form and the Contractor's name has been included on the Planholders List. A prebid conference will be held at the Whitefish City Hall Council Chambers Conference Room, 418 East 2nd Street in Whitefish, commencing at 1:00 PM, Wednesday, August 22, 2018. Those interested in bidding the project are encouraged to attend this meeting. Each bidder shall submit cash, a certified check, bid bond, cashier's check, bank money order or bank draft payable to the City of Whitefish and drawn and issued by a national banking association located in the State of Montana or by any banking corporation incorporated under the laws of the State of Montana for an amount which shall not be less than ten percent (10%) of the bid, as a bid security. The bid security shall identify the same firm as is noted on the bid proposal forms. Within 10 calendar days after the Notice of Award, the successful Bidder will be required to furnish a Performance Bond and a Labor and Materials Payment Bond guaranteeing faithful performance and the payment of all bills and obligations arising from the performance of the contract. The bonds will each be equal to 100 percent of the contract amount. Work at the site is to commence within 10 calendar days after the written Notice to Proceed is issued. Work is scheduled to start Monday, October 8, 2018 at the latest. Completion of the work is required within 60 calendar days following commencement of work. The project will consist of two phases. The city is prepared to issue a winter shutdown on this project once all the Phase One work has been completed. Paving (Phase Two) is expected to be completed during the Spring of 2019. The project includes liquidated damages that will be assessed as set forth in the Special Provisions if the work is not complete within the allotted contract time. CONTRACTORS and any of the CONTRACTOR'S subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, MT 59604-8011. Information on registration can be obtained by calling (406) 444-7734. CONTRACTORS are not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the construction agreement. All laborers and mechanics employed by CONTRACTORS or subcontractors in performance of the construction work shall be paid wages at rates according to the current Montana Prevailing Wage Rates. The CONTRACTOR must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin. No Bid may be withdrawn within a period of 60 days after the date for opening bids. The City of Whitefish reserves the right to reject all Bids, to waive informalities, and to reject nonconforming, irregular, non-responsive or conditional Bids. The City of Whitefish is an equal opportunity employer. THE CITY OF WHITEFISH By: /s/ Michelle Howke Whitefish City Clerk August 12, 19, 26, 2018 MNAXLP __________________________

No. 25597 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION HIGHWAY 93 NORTH ZONING DISTRICT The Board of Commissioners of Flathead County, Montana hereby gives notice, pursuant to Section 76-2-205(5), M.C.A., that it passed a Resolution of Intention (Resolution No. 837DI) on August 9th, 2018 to change the zoning designation in a portion of the Highway 93 North Zoning District from AG-40 (Agricultural) to SAG-10 (Suburban Agricultural). The boundaries of the area proposed to be amended from AG-40 to SAG-10 are described as: A tract of land situated, lying and being in the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) of Section 06, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The regulations defining the AG-40 and SAG-10 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Clerk and Recorder, Courthouse, 800 South Main, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County Planning and Zoning Office's website at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed zone change are also on file for public inspection at the Office of the Board of Commissioners and the Flathead County Planning and Zoning Office. For thirty (30) days after the first publication of this notice, the Board of Commissioners will receive written protests to the change proposed for a portion of the Highway 93 North Zoning District from persons owning real property within Flathead County whose names appear on the last completed assessment roll of Flathead County and who either are registered voters in Flathead County or execute and acknowledge their protests before a notary public. DATED this 9th day of August, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairperson August 12, 19, 2018 MNAXLP

No. 25570 MONTANA ELEVENTH JUDICIAL DISTRICT COURT FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF Ernest Walter Luke deceased cause no. DP-18-173B NOTICE TO CREDITORS Notice is hereby given that Nathan Leroy Luke has been appointed personal representative of the above named estate. All persons having claims against the said deceased are required to present their clams within four months after the date of the first publication of this notice or said claims will be forever barred. A written statement of the claim indicating the name and address of the claimant, the basis of the claim and the amount claimed may be filed with the Clerk of District Court, Flathead County, Montana, or mailed, return receipt requested, to the Personal Representative at the following address; Nathan Luke, 6032 Susan Circle Apt B, Valdosta, GA, 31605, DATED this 31st day of July, 2018 August 5, 12, 19, 2018 MNAXLP __________________________

No. 25587 Notice that a Tax Deed May Be Issued: 15-18-215. Form of notice that tax deed may issue. Section 15-18-212 requires that notice be given to all persons considered interested parties and to the current occupant of property that may be lost to a tax deed. The notice must be made as follows: NOTICE THAT A TAX DEED MAY BE ISSUED IF YOU DO NOT RESPOND TO THIS NOTICE, YOU WILL LOSE YOUR PROPERTY, TO: Occupant 1475 Rogers Lake Road, Kila, MT 59920 Federal National Mortgage Association (Fannie Mae), 1475 Rogers Lake Road, Kila, MT 59920 Federal National Mortgage Association (Fannie Mae), c/o Nationstar Mortgage, ATTN: Recording Department, PO Box 619079, Dallas TX 75261 Federal National Mortgage Association (Fannie Mae), 3900 Wisconsin Avenue, Washington, DC 20001 State of Montana, Department of Natural Resources, 655 Timberwolf Parkway, Kalispell, MT 59901 State of Montana, Department of Natural Resources, 1539 Eleventh Avenue, Helena, MT 59601 Flathead County Treasurer, 935 1st Avenue West, Suite T, Kalispell, MT 59901 Pursuant to section 15-18-212, Montana Code Annotated, NOTICE IS HEREBY GIVEN: As a result of a property tax delinquency, a property tax lien exists on the following described real property in which you may have an interest: Sec 30/Twp 27/ Rng 23 IMP 1290 ON ROGERS LAKE STATE LEASE LOT #15 Legal Description 2. The property taxes became delinquent on _June1, 2015. 3. The property tax lien was attached on July 18, 2017 DOC # 2017000 14772. 4. The lien was subsequently assigned to Keith L. Ingram March 22, 2018, DOC 201800005560 5. As of the date of this notice, the amount of tax due is: Taxes $3458.15 Penalty $69.14 Interest $525.39 Cost $646.70 TOTAL: $4,699.38 6. For the property tax lien to be liquidated, the total amount listed in paragraph 5 must be paid by Oct 12, 2018 which is the date that the redemption period expires or expired. 7. If all taxes, penalties, interest, and costs are not paid to the COUNTY TREASURER on or prior to Oct 12, 2018 which is the date the redemption period expires, a tax deed may be issued to the assignee or county that is the possessor of the tax lien on the day following the date that the redemption period expires. 8. The business address and telephone number of the county treasurer who is responsible for issuing the tax deed is: FLATHEAD COUNTY TREASURER 935 1ST AVE WEST STE T KALISPELL MT 59901 406-758-5680 FURTHER NOTICE FOR THOSE PERSONS LISTED ABOVE WHOSE ADDRESSES ARE UNKNOWN: 1. The address of the interested party is unknown. 2. The published notice meets the legal requirements for notice of a pending tax deed issuance. 3. The interested party's rights in the property may be in jeopardy. Date: August 13, 2018 Keith L. Ingram August 19, 26, 2018 MNAXLP __________________________

No. 25611 NOTICE OF ELECTION Notice is hereby given that in Flathead County, on September 12, 2018, a levy election will be held for Smith Valley Rural Fire District. Smith Valley Rural Fire District levy election will be conducted by mail ballot. The impact of levying 49.26 additional mills on a home valued at $100,000.00 under the FY2018 mill value, would be approximately $66.51 in additional property taxes per year. The impact of levying 49.26 additional mills on a home valued at $200,000.00 under the FY2018 mill value, would be approximately $133.01 in additional property taxes per year. Ballots will be mailed to all eligible registered voters of the Fire District on August 23, 2018 and must be returned by each voter, by mail or in person to the Flathead County Election Department 40 11th St West #230, Kalispell, Montana, during regular business hours (8:00 a.m. to 5:00 p.m.), weekdays through September 12, 2018. On Election Day, September 12, 2018, the only places for deposit of voted ballots will be the office of the Flathead County Election Department, 40 11th Street West #230, Kalispell, Montana, which will be open from 7:00 a.m. to 8:00 p.m., and all ballots must be in by 8:00 p.m. to be counted. All ballots will be tallied in the office of the Flathead County Election Department on September 12, 2018. DATED this 1st day of August, 2018. Debbie Pierson Election Administrator By:/s/Monica R. Eisenzimer Election and Recording Manager August 19, 26, September 2, 2018 MNAXLP __________________________

No. 25602 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY BOARD OF ADJUSTMENT The Flathead County Board of Adjustment will hold a public hearing on the items listed below on Tuesday, September 4, 2018 beginning at 6:00 PM in the 2nd Floor Conference Room of the South Campus Building, 40 11th Street West, Suite 200, Kalispell, Montana. A request from Dalton and Breanna Stupack for a variance to Section 3.09.040(3)(A) of the Flathead County Zoning Regulations (FCZR) to the side yard setback for a principal structure. The applicant is requesting the variance "to allow for safer approach/parking on the west side. Shifting the footprint of the house an additional 10 feet to the east nearly accommodates a car length. This distance is felt to dramatically improve the safety of approach to, as well as associated departure from home." The property is located at 1750 Whalebone Drive near Kalispell, within the Lower Side Zoning District and contains approximately 3.2 acres. The property can legally be described as Tract 10P in Section 15, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. A request from James and Victoria Codona for a conditional use permit to operate a 'Home Occupation' using an accessory structure for an auto repair shop on property located within the Westside Zoning District. The property is located at 1258 Two Mile Drive, near Kalispell, MT and is zoned SAG-10 (Suburban Residential). The property contains approximately 9.5 acres and can legally be described as Tract 2AD in Section 11, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana. A request from Sands Surveying, Inc., on behalf of Don Herbert and Clearview Tower II, LLC for a conditional use permit for the placement of a 108' Cellular Communications Tower on property located within the Middle Canyon Zoning District. The property is located at 1291 Belton Stage Road and is zoned CALURS (Canyon Area Land Use Regulatory System). The property contains approximately 20.2 acres and can legally be described as Tract 7B in Section 03, Township 31 North, Range 19 West, P.M.M., Flathead County, Montana. By Court Order, the Flathead County Board of Adjustment shall reconsider the application for a conditional use permit issued to Monica Harris and Lisa Gilbert (FCU-16-18). During its reconsideration the Board shall review the record and make findings of fact and, as appropriate, conditions related to short term rentals. The Board shall also review the record and make findings of fact regarding the following: Whether the application at issue is for a business, such that the Flathead County Zoning Regulations applies to the application, or a commercial use; Whether and to what extent the application complies with the applicable Neighborhood Plan; Whether and to what extent the application shows that there will be adequate access, more specifically the factual basis for finding that there will be adequate roadways due to widening roadways where feasible and installing turnouts where necessary. An appeal by Myron Nordquist regarding interpretations of the Flathead County Zoning Regulations (FCZR) made by the Zoning Administrator during the consideration of a request for an Administrative Conditional Use Permit by David & Sondra Shenton (FACU-18-23) to allow 'short-term rental housing' of the single family dwelling on property located at 101 Peaceful Lane, Lakeside, MT. The subject property is approximately 1.141 acres and can legally be described as Lot 4 in Block 1 of Peaceful Bay Subdivision in Section 20, Township 26 North, Range 20 West, P.M.M., Flathead County, Montana. All decisions made by the Board of Adjustment are considered final actions. Interested parties are encouraged to attend the meeting to make their views or concerns known to the Board. Written comments are strongly encouraged and should be received by the Flathead County Planning & Zoning Office, no later than 5:00 pm, September 4, 2018. Information and documents pertaining to the above requests are on file in the Flathead County Planning & Zoning Office, 40 11th Street West, Ste 220 Kalispell, MT 59901, and may be reviewed during regular office hours, or you may call (406) 751-8200 for more information. Please note agenda items are subject to change without notice. Persons with a disability may request a reasonable accommodation by contacting Elaine Nelson at the Flathead County Commissioner's Office at 758-5503 or TTY (800) 335-7592, or call Montana Relay at 711. Requests should be made as early as possible to allow time to arrange the accommodation. /s/ Mark Mussman Mark Mussman, CFM® Planning Director August 19, 2018 MNAXLP __________________________

No. 25606 NATIONAL FOREST TIMBER FOR SALE FLATHEAD NATIONAL FOREST Bid Date: 2:00 p.m., September 18, 2018 The Royal Tiger Timber Sale is located within Portions of Section 4, 5, 8, PB38, PB40, PB41, PB42, 20 & T30N, R18W; Portions of Sections 24, 25, T30N, R19W; Portions of Sections 20, 29, 32, 33, T31N, R18W, Flathead County, State of Montana, PMM. The Forest Service will receive SEALED bids at the Forest Supervisor's Office, Kalispell, MT at 2:00 PM local time on September 18, 2018 for an estimated volume of 24,696 Tons of Douglas-fir and Other Species of sawtimber, plus 3,655 Tons of Lodgepole sawtimber, and 8,033 Tons of Non-sawtimber that will be sold at a fixed rate. The Forest Service reserves the right to reject any and all bids. A prospectus, bid form, and complete information concerning the timber, the conditions of the sale, and submission of bids is available to the public from the Flathead National Forest Supervisor's Office, 650 Wolfpack Way, Kalispell, MT. The USDA is an Equal Opportunity Provider and Employer. August 19, 2018 MNAXLP __________________________

No. 25607 NATIONAL FOREST TIMBER FOR SALE FLATHEAD NATIONAL FOREST Bid Date: 1:00 p.m., September 18, 2018 The ASCC Timber Sale is located within Portions of Section 21, 22, 23, PB44, PB45, PB46 T28N, R17W & Portions of Section 10, 11, 14, 15, T30N, R19W Flathead County, State of Montana, PMM. The Forest Service will receive SEALED bids at the Forest Supervisor's Office, Kalispell, MT at 2:00 PM local time on September 18, 2018 for an estimated volume of 6915 Tons of Western Larch and Other Species of sawtimber, plus 535 Tons of Lodgepole sawtimber, and 5317 Tons of Non-sawtimber that will be sold at a fixed rate. The Forest Service reserves the right to reject any and all bids. A prospectus, bid form, and complete information concerning the timber, the conditions of the sale, and submission of bids is available to the public from the Flathead National Forest Supervisor's Office, 650 Wolfpack Way, Kalispell, MT. The USDA is an Equal Opportunity Provider and Employer. August 19, 2018 MNAXLP _________________________

No. 25573 NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on December 3, 2018, 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 29WB of Ross Minor Subdivision, 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 139 East Evergreen Drive, Kalispell, MT 59901-2803. Jack L. Heinzen and Myla S. Heinzen, as Grantors, conveyed said real property to Fidelity Nations Title Ins. Co, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as nominee for Bank of America, N.A., its successors and assigns , by Deed of Trust on October 25, 2010, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on November 5, 2010 as Instrument No. 201000025788, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Bank of America NA Assignment Dated: February 28, 2014 Assignment Recorded: March 3, 2014 Assignment Recording Information: as Instrument No. 201400003772 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 July 28, 2016 as Instrument No. 201600014965, 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 December 1, 2015, 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 $213,268.19, interest in the sum of $24,170.26, escrow advances of $9,398.16, other amounts due and payable in the amount of $3,987.54 for a total amount owing of $250,824.15, 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 1st day of August, 2018. 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. 47590 August 5, 12, 19, 2018 MNAXLP __________________________

No. 25563 NOTICE OF TRUSTEE'S SALE To be sold for cash at Trustee's Sale on the 11th day of October, 2018, at 1:30 o'clock p.m., at the front door of the Flathead County Justice Center, 920 South Main, Kalispell, Montana, is the following property: Exhibit A is attached Legal Description; together with all buildings, fixtures and improvements thereon and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and appurtenances thereunto belonging, used or enjoyed with said property, or any part thereof. Angelette H. Holmes, as Grantor, conveyed the above-described property to Sterling Title Services, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. (MERS), solely as Nominee for Glacier Bank, as Beneficiary, by Trust Indenture, dated April 29, 2008, and recorded April 30 2008, as Document No. 200800011717, records of the Clerk and Recorder of Flathead County, Montana. The beneficial interest in the Trust Indenture is currently held by Montana Board of Housing as a result of the most recent Assignment, recorded February 20, 2013, as Document No. 201300004251, records of the Clerk and Recorder of Flathead County, Montana. The Trustee in the Trust Indenture was replaced by a Successor Trustee, namely, Mark E. Noennig, the undersigned. The default in the obligation, the performance of which is secured by the aforementioned Trust Indenture, and for which default this foreclosure is made, is the failure by the Grantor, or other person owing an obligation, or by their successors-in-interest, to pay the monthly installments of $1,258.77 each due thereunder on the 1st day of each of the months of September, 2017, through May, 2018, which is applied to principal and interest and to an escrow account if established for other obligations under the Trust Indenture, late charges which are 4.00% of principal and interest more than 15 days in arrears, currently $346.70, attorney's fees and foreclosure costs, currently $1,833.00, advances for property protection, currently None, a credit for unapplied funds, currently $1,174.42, for a current total default of $12,334.21; together with accruing late charges, advances, and expenses of foreclosure, including attorney's fees and costs. There is presently owed on the obligation secured by the Trust Indenture the principal sum of $132,778.07 plus interest thereon at the rate of 6.0000% per annum from the 1st day of August, 2017, until paid, or $21.8265 per day, currently a total of $6,460.65, late charges, advances for property protection, and escrow shortages, currently, $2,134.80, attorney's fees and costs, currently $1,833.00, for a current total indebtedness of $143,206.52. Other expenses to be charged against the sale proceeds include accruing late charges, escrow shortages, if any, attorney's fees and costs, and expenses of foreclosure and sale. The Beneficiary has elected to sell the above-described property to satisfy the aforementioned obligation and has instructed the undersigned Trustee to do so. 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 in cash. The conveyance will be by a Trustee's Deed, made "as is," without representations or warranties, express or implied, including warranties of title, possession or encumbrances. The purchaser shall be entitled to possession of the property on the 10th day following the sale. The sale may be postponed up to 15 days for any reason by public proclamation at the scheduled sale. If there is a stay by bankruptcy or court order, the sale may be postponed up to 30 days at a time by public proclamation, for a total of no more than 120 days. 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 the entire amount then due under the Trust Indenture 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 theretofore existing. THIS IS AN ATTEMPT TO COLLECT A DEBT; ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. DATED this 24th day of May, 2018. /s/ Mark E. Noennig MARK E. NOENNIG, Trustee P.O. Box 2502 208 North Broadway, Suite 324 Billings, Montana 59103-2502 STATE OF MONTANA ss. County of Yellowstone On this 24th day of May, 2018, before me, the undersigned, a Notary Public for the State of Montana, personally appeared MARK E. NOENNIG, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same in his capacity as Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. /s/ Sarah Lacey Rose SARAH LACEY ROSE Notary Public for the State of Montana Residing at Billings, Montana My commission expires: 6/27/2018 EXHIBIT"A" LEGAL DESCRIPTION That portion of Lot 1 of MILAM ADDITION to the City of Kalispell in the Northwest Quarter (NWY-1), Section 8, Township 28 North, Range 21 West, P.M.,M., Flathead County, Montana, and more particularly described as follows: Beginning at the NE corner of the aforesaid Lot 1; thence along the East line of Lot 1, South 13°10'23" East, a distance of 60.08 feet to a point on that line shown on Certificate of Survey No. 1417; thence along the lines shown on Certificate of Survey No. 1417, South 76° 48 '20 West, a distance of 77 .11 feet, South 13°16'10" East, a distance of 36.93 feet and South 76°48'15" West, a distance of 71.68 feet to the West line of the aforesaid Lot 1; thence along the West and North lines of Lot 1, North 13°11'00" West, a distance of 96.99 feet and North 76°47'53" East, a distance of 148.74 feet to the Point of Beginning. Shown as Parcel A of Certificate of Survey No. 18031. August 5, 12, 19, 2018 MNAXLP __________________________

No. 25574 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on September 18, 2018, 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: That part of Lot 2 of Block 3 of North Shore Harbor, according to the map of plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, and more particularly described as follows: Commencing at the Southeast corner of Lot 2 of Block 3; thence Northerly along the East boundary line of said Lot 2, a distance of 99.63 feet tot a point on the East boundary line of said Lot 2 being the True Point of Beginning of the tract herein described; thence from said True Point of Beginning Westerly at right angles to the Easterly boundary of said Lot 2 and parallel to the South boundary line of said Lot 2 to an intersection with the West boundary line of said Lot 2; thence Northerly along the West boundary line to the Northwest corner of said Lot 2; thence Easterly along the North boundary of said Lot 2 a distance of 101.91 feet to the Northeast corner of said Lot 2; thence Southerly along the East boundary line of said Lot 2, a distance of 99.63 feet tot the True Point of Beginning. David R Sande and Linda A Sande, as Grantor(s), conveyed said real property to Placer Title Company, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as nominee for Financial Freedom Acquisition LLC, a Subsidiary of Onewest Bank, FSB, as Beneficiary, by Deed of Trust dated on March 24, 2010, and recorded on April 1, 2010 as Document No. 201000007549. The beneficial interest is currently held by CIT Bank, N.A. . First American Title Company of Montana, Inc., is currently the Trustee. The beneficiary has declared a default in the terms of said Deed of Trust due to failure to pay taxes and/or insurance. The total amount due on this obligation as of March 31, 2018 is $358,416.62 principal, interest totaling $124,289.60 and other fees and expenses advanced of $17,313.90, 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: May 24, 2018 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 24 day of May, 2018, 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. Rae Albert Notary Public Bingham County, Idaho Commission expires: 9/6/2022 Financial Freedom vs David R Sande Linda A Sande 105262-1 August 5, 12, 19, 2018 MNAXLP __________________________