Legals December 5, 2018
No. 25743 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana hereby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a request by Sands Surveying on behalf of Richard O. Poeppel to change the zoning designation in a portion of the Blanchard Lake Zoning District from AG-40 (Agriculture) to SAG-10 (Suburban Residential). The boundaries of the area proposed to be amended from AG-40 (Agriculture) to SAG-10 (Suburban Residential) are described as: A TRACT OF LAND, SITUATED, LYING AND BEING IN GOVERNMENT LOT 4 OF SECTION 5, TOWNSHIP 30 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the northwest corner of Government Lot 4 of Section 5, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana, which is a found brass cap; Thence along the north boundary of said Government Lot 4 S89°55'03"E 1317.32 feet to a found iron pin and the northeast corner of said Government Lot 4; Thence along the east boundary of said Government Lot 4 S00°00'11"W 1071.44 feet to a found iron pin on the northerly R/W of U.S. Highway No. 93; Thence along said R/W N71°31'54"W 1388.26 feet to a found pin on the west boundary of said Government Lot 4; Thence leaving said R/W and along said west boundary N00°02'41'W 633.57 feet to the point of beginning and containing 25.774 ACRES; Subject to and together with a 60 foot private road and utility easement as shown on COS 13408 (records of Flathead County, Montana); Subject to and together with all appurtenant easements of record. 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 Board of Commissioners, 800 S Main, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th St W, Kalispell, Montana, and online at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed zone change are also on for file for public inspection at the Office of the Board of Commissioners and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 13th day of December, 2018 at 9:00 o'clock a.m. in the Commissioners' Chambers, Third Floor, Old Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed change to the Blanchard Lake Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if received by the Flathead County Commissioners' Office prior to the hearing. DATED this 24th day of October, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairman Pro-Tem November 28, December 5, 2018 MNAXLP __________________________
No. 25811 NOTICE OF TRUSTEE'S SALE On March 25, 2019 at 11:00 AM, at the East Door, Flathead County Justice Center, 920 South Main Street, Kalispell, MT 59901, Brigham J. Lundberg, a member of the Montana State Bar, as successor trustee, will sell at public auction to the highest bidder, the following described real property situated in Flathead County, Montana, and described as follows: Lot 9 of Block 179 Kalispell Townsite Company's Addition One to Kalispell, Montana, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Parcel ID No.: 0759400 which has the address of 525 8th Avenue West, Kalispell, MT 59901. Said sale will be made to satisfy the obligation secured by and pursuant to the power of sale conferred in the trust indenture/deed of trust ("Deed of Trust") dated January 11, 2010 and executed by Ryan Davis and Heather Degnath, as grantors ("Grantor"), to Robert W. Kraft, as trustee, in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Access National Mortgage Corporation, its successors and assigns, as beneficiary, and recorded on June 28, 2010 as Instrument No. 201000014762, official records of Flathead County, Montana. The Deed of Trust was assigned for value to Wells Fargo Bank, N.A. ("Beneficiary"), the current beneficiary, by written instrument filed for record on February 1, 2018, as Instrument No. 201800002186, official records of Flathead County, Montana. Brigham J. Lundberg ("Successor Trustee") is the successor trustee of the Deed of Trust pursuant to an Appointment of Successor Trustee/Substitution of Trustee recorded on November 7, 2018 as Instrument No. 201800027260, official records of Flathead County, Montana. Beneficiary has declared the grantors in default of the terms of the Deed of Trust and the promissory note ("Note") secured by the Deed of Trust because of Grantors' failure to timely 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 is now due for the July 1, 2018 installment payment. As of November 5, 2018, the amount necessary to satisfy this obligation was $136,414.53. This amount includes the outstanding principal balance of $132,182.18, plus accrued interest, accrued late charges, accrued escrow installments for insurance and/or taxes (if any), and advances for the protection of the beneficiary's security interest (if any). Due to the default stated above, Beneficiary has elected, and has directed the Successor 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 warranties of title or possession, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The sale is subject to bankruptcy filing, payoff, reinstatement, or other circumstance that affects the validity of the sale. If the sale is set aside or the trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of funds paid to the successor trustee, and the successful bidder shall have no further recourse. The purchaser shall be entitled to possession of the property on the 10th day following the sale. 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 or other court-ordered stay, the sale may be postponed by the trustee for up to 120 days by public proclamation at least every 30 days. The grantors, the successor-in-interest to the grantors, or any other person having an interest in the aforesaid property, at any time prior to the trustee's sale, may pay to the present 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 theretofore existing. This communication is from a debt collector. It is an attempt to collect a debt, and any information obtained will be used for that purpose. DATED: 11/15/2018 /S/ Brigham J. Lundberg Brigham J. Lundberg, Successor Trustee Lundberg & Associates, PC 3269 S. Main St., Ste. 100, Salt Lake City, UT 84115 801-263-3400 Office Hours: 8:00 a.m. - 5:00 p.m. November 21, 28, December 5, 2018 MNAXLP __________________________