Legals February 1, 2018
No. 25102 CITY OF COLUMBIA FALLS NOTICE OF PUBLIC COMMENT FLOODPLAIN DEVELOPMENT PERMIT The City of Columbia Falls is considering the issuance of a Floodplain Development Permit for the item addressed below. Application of a Floodplain Development Permit: A request by the City of Columbia Falls to create a public fishing pond with assistance from Montana Fish, Wildlife and Parks within the River's Edge Park. The pond will be approximately 1.5 acres in size and will require the removal of approximately 38,000 cubic yards of material from the floodplain. The property is located on the 500 block of 4th Avenue East and is further described as Assessor's Tract 5H (Parcel 1 of COS 17991) in Section 9, Township 30 North, Range 20 West, P.M.M., Flathead County. Persons wanting to comment shall do so on or before February 15, 2018. Written comment may be sent to Columbia Falls City Hall, Attention: Susan Nicosia, City Manager, 130 6th Street West, Room A, Columbia Falls, MT 59912. For more information call Eric Mulcahy, Columbia Falls City Planner at 755-6481. DATED this 29th day of January, 2018. Susan Nicosia Susan Nicosia, City Manager/Planning and Zoning Administrator COLUMBIA FALLS CITY-COUNTY PLANNING BOARD February 1, 2018 MNAXLP __________________________
No. 25078 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on May 21, 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: TRACT 2 OF CERTIFICATE OF SURVEY NO. 17570 LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER (NE1/4 NE1/4) OF SECTION 29, TOWNSHIP 27 NORTH, RANGE 23 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. Lyn C. Rehm, as Grantor, conveyed said real property to Stewart Title of Kalispell, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. (MERS) as nominee for Lend American Mortgage, as Beneficiary, by Deed of Trust dated on November 20, 2006, and recorded on November 21, 2006 as Document No. 200632514080. Modification Agreement recorded August, 12 2014, as Instrument No. 2014-00015453. The beneficial interest is currently held by Nationstar Mortgage LLC. 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 by failing to make the monthly payments beginning December 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. The total amount due on this obligation as of November 30, 2017 is $171,014.90 principal, interest totaling $7,219.62 late charges in the amount of $616.80, escrow advances of $5,011.53, other fees and expenses advanced of $2,974.00, 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: January 17, 2018 Rae Albert 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 17th day of January, 2018, before me, a notary public in and for said County and State, personally appeared Rae Albert, 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. Kaitlin Ann Gotch Notary Public Bingham County, Idaho Commission expires: 07-29-2022 Nationstar Mortgage LLC vs Lyn C Rehm 103246-1 January 25, February 1, 8, 2018 MNAXLP __________________________
No. 25101 NOTICE OF SALE Successor Trustee Duncan Scott provides the following information for the public sale of real property pursuant to the Small Tract Financing Act, Sections 71-1-301, et. seq, arising from the Montana Trust Indenture ("Deed of Trust") dated July 20, 2015: Deed of Trust Information: Grantor: Lazyland Ranch, LLC, a Montana limited liability company Original Trustee: Sterling Title Services Successor Trustee: Duncan Scott Original Beneficiary: Donald R. Rupnik and Curtis R. Rupnik as Trustees of the Donald Robert Rupnik Trust Real Property Subject to Deed of Trust: Property commonly known as 278 5th Ave. WN, Kalispell, MT 59901 ("Subject Property") and more particularly described as: Lot 3A of The Amended Plat of Lots 3, 4, 5 & 6 of Block 147 of Kalispell Townsite Company's Addition No. 1, according to the plat recorded in the Office of the Flathead County Clerk and Recorder, Montana. Recordation Information: Recorded in the Office of the Flathead County Clerk and Recorder on July 27, 2015, as Document No. 2015-00016330 Default: Grantor has failed to deliver the monthly payment due August 1, 2017, and all subsequent monthly payments pursuant to the Note secured by the Deed of Trust. Grantor also has failed to pay property taxes on the Subject Property due on the first half of the year 2017and subsequent taxes. Current Balance: Beneficiary has accelerated the outstanding balance. Grantor owes the principal amount of $152,425.86, with interest continuing to accrue at 5.25% per year from July 31, 2017. In addition, Grantor owes Beneficiary for all expenses incurred, including but not limited to preserving the Subject Property, real property taxes and assessments that may become due, title search fees, trustee's and attorney's fees, costs and expenses of sale and late charges, if any. Election to Sell: Successor Trustee has elected to sell the Subject Property at public sale to the highest qualified bidder to satisfy the above obligations. Time and Place of Sale: The sale will be held June 15, 2018, at 10:00 a.m. at the front door of the Flathead County Justice Center located at 920 South Main Street, Kalispell, Montana. Pursuant to Section 71-1-313, MCA, the sale date is more than 120 days from the date of recording this Notice of Sale. Sale Terms: The sale is a public auction. Anyone may bid at the sale including the Beneficiary but not the undersigned Successor Trustee. The bid price must be paid in cash at the closing, with conveyance being made by Trustee's Deed. The successful bidder shall be entitled to possession of the Subject Property on the tenth day following the sale. Sale Postponement: The person making the sale may postpone the sale for a period not exceeding 15 days by public proclamation at sale. No other notice of the postponed sale need be given. If a sale cannot be held at the scheduled time by reason of bankruptcy or court order, the person making the sale may, as often as the person considers expedient, postpone the sale. Each postponement may not exceed 30 days, and all postponements, in the aggregate, may not exceed 120 days. Each postponement must be effected by a public proclamation at the time and place fixed in the notice of sale or fixed by previous postponement. No other notice of the postponed sale need be given. Right to Cure: Grantor or any other person with an interest in the Subject Property, at any time prior to the sale, may pay to the beneficiary or its successor in interest the entire amount then due under the Deed of Trust and the obligation it secures (including costs and expenses actually incurred and attorney's fees) other than any portion of the principal as would not then be due had no default occurred and thereby cure the default. TRUSTEE: By: /s/ Duncan Scott Duncan Scott, Esq. Scott & Kienzle, P.C. 1001 South Main Street Kalispell, MT 59901 (406) 752-1250; Fax 752-6001 State of Montana ss. County of Flathead This instrument was acknowledged before me on January 26, 2018, by Duncan Scott, a Montana licensed attorney, as Trustee. By: /s/ Tom Hoover Notary Public for the State of MT Printed name: Tom Hoover Residing at Kalispell, Montana My Commission expires May 19, 2018 February 1, 8, 15, 2018 MNAXLP ________________________
No. 25074 INVITATION TO BID Separate sealed bids for construction of SOMERS ROAD & SUMMIT AVE-WATER IMPROVEMENTS will be received by the Somers Water & Sewer District at the Somers Company Town Museum, Somers, MT (building at the bike path trailhead) until 2PM. February 12, 2018 and then publicly opened and read aloud. Alternately, bids may be mailed to PO Box 117, Somers, MT 59932. The project consists of: approximately 2300 LF of water main replacement with new 8-inch PVC water main; replacement of existing fire hydrants, installation of new fire hydrants; reconnection of service lines; surface restoration including asphalt and gravel. The Contract Document consists of Drawings and Project Manual and is available in electronic form only. The Contract Document may be viewed and printed from the following Plans Exchanges. Northwest Plans Exchange (2303 Hwy 2 East, Kalispell, MT 59901) Missoula Plans Exchange (201 North Russell, Missoula, MT 59801) Bidder is responsible to ensure the printed Contract Document is a complete set and to verify all Addendum have been received prior to bidding. A printed copy may be examined at Somers Company Town Museum, Somers, MT. All questions are to be directed to Shari A Johnson Engineering & Associates (email: Engineering@SAJmontana.com). There will be a Pre-Bid Conference at the Somers Company Town Museum, Somers, MT (building at the bike path trailhead) at 1PM, February 5, 2018. Interested Contractors are encouraged to attend. Contractor and any of the Contractor's subcontractors bidding or doing work on this project will be required to be registered 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, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. Preference is given to Montana Contractors according to MCA 18-1-102. Contractor is required to be registered with the DLI prior to bidding on this project. All laborers and mechanics employed by Contractor or subcontractors in performance of the construction work shall be paid Montana Prevailing Wage Rate. The Contractor must ensure that employees and applicants for employment are not discriminated against on the basis of their race, creed, color, age religion, sex, physical or mental disabilities, or national origin and must show affirmative action to ensure Equal Employment Opportunities. Each bid or proposal must be accompanied by a Certified Check, Cashier's Check, or Bid Bond payable to the SOMERS WATER & SEWER DISTRICT, in an amount not less than ten percent (10%) of the total amount of the bid. The successful bidder shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount, Insurance, as required by specifications, shall be provided by the successful bidder and a certificate(s) of that insurance shall be provided and approved. This project may be funded in part or in whole with grant/loan funding. Award of the project will be contingent upon receiving funding and award concurrence from project funding agencies. No bid may be withdrawn after the scheduled time for the public opening of bids. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the District. The Somers Water & Sewer District is an equal Opportunity Employer. January 25, February 1, 2018 MNAXLP ________________________