Legals July 12, 2018
No. 25502 Benjamin J. Mann, 33833674 Halliday, Watkins & Mann, P.C. 376 East 400 South, Suite 300 Salt Lake City, Utah 84111 Phone: (801) 355-2886 Facsimile: (801) 328-9714 Ben@HWMLawFirm.com Attorney for Plaintiff File Number: 52168 MONTANA 11TH JUDICIAL DISTRICT COURT FLATHEAD COUNTY Ditech Financial LLC, Plaintiff, v. The Heirs and Devisees of Carol A. Heater A.K.A. Carol A. Caswell; Edward James, Angelina James, and Does 1-10, Defendants. SUMMONS FOR PUBLICATION CIVIL NUMBER: DV-18-670D THE STATE OF MONTANA, TO CAROL A. HEATER: YOU ARE HEREBY SUMMONED to answer the Complaint in this action, which is filed in the above entitled Court. A copy of same is served upon you. You must file your written answer with the above entitled Court and serve a copy upon the Plaintiff, or Plaintiff's attorney within thirty (30) days after the last day this Summons is published, exclusive of the last day of publication. FAILURE TO APPEAR AND ANSWER will allow judgment to be taken against you by default, for the relief demanded in the Complaint. The nature of the claim against you is a Replevin Action brought to obtain possession of the manufactured home that you may have an interest in described as: Title No. E384486 VIN: NNID37560 Model/Make: 1999 Nash TL Currently Located: 58 W. Cottonwood Dr, TRLR 17, Kalispell, MT 59901. A $70.00 filing fee must accompany the answer at the time of filing. Dated: June 26, 2018 Peg L. Allison Clerk of Court July 5, 12, 19, 2018 MNAXLP __________________________
No. 25514 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on September 24, 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: A tract of land in the Northeast Quarter of the Northwest Quarter of Section 36, Township 27 North, Range 20 West, P.M.M., Flathead County, Montana, more particularly described as follows: Beginning at a point on the West line of said Northeast Quarter of the Northwest Quarter of said Section 36, which point is 768.8 feet South 00°02`00" West of the Northwest corner of said Northeast Quarter of the Northwest Quarter of said Section 36; thence continuing South 00°02`00" West, a distance of 75.0 feet along said West line; thence South 89°58`00" East, a distance of 100.0 feet; thence North 00°02`00" East, a distance of 75.0 feet; thence North 89°58`00" West, a distance of 100.0 feet to the Point of Beginning. Tract 4 of Certificate of Survey recorded February 23, 1966 in Book 479, Page 735, records of Flathead County, Montana. Mary A Danford, as Grantor(s), conveyed said real property to Charles J. Peterson, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. (MERS) solely as nominee for America`s Wholesale Lender, as Beneficiary, by Deed of Trust dated on July 15, 2004, and recorded on July 16, 2004 as Document No. 200419816450. Modification Agreement recorded on June 24, 2013 under Document no. 201300015203. 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 September 1, 2017, 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 January 31, 2018 is $88,368.67 principal, interest totaling $2,534.78 late charges in the amount of $167.86, escrow advances of $1,266.44, and other fees and expenses advanced of $1,199.54, 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: April 26, 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 26th day of April, 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 MARY A DANFORD 100261-3 July 12, 19, 26, 2018 MNAXLP __________________________
No. 25498 PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE Old Bridge Pub & Sub (Members: Emily Bertino, Louis Bertino) has applied for Transfer of Ownership of Montana All-Alcoholic Beverages License No. 07-999-2506-001 to be operated at Old Bridge Pub & Sub, 260 River Street, Bigfork, Flathead County. The public may protest this change in accordance with the law. Who can protest this transfer? 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 (07-999-2506-001) and the applicant's name (Old Bridge Pub & Sub); (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 23, 2018. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Bigfork. 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 Alcohol Beverage Control Division, at (406) 444-0017 or pkautz@mt.gov. July 5, 12, 2018 MNAXLP __________________________
No. 25517 LEGAL NOTICE Montana Fish, Wildlife & Parks (FWP) is seeking public comment for Old Steel Bridge Fishing Access Site (FAS) Pier Removal Draft Environmental Assessment (EA), proposing to remove a deteriorating fishing pier from the bank of the Flathead River at Old Steel Bridge FAS. The FAS is located approximately 3 miles east of Kalispell, Montana, on Holt Stage Road (T21N, R10W, Section 28). Copies of the draft EA 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/environmentalAssessments/developmentImprovementsAndEnhancements/pn_0386.html; and available for viewing at local libraries. The draft EA is out for a 15-day public review through 5:00 p.m., Wednesday, July 25, 2018. Contact person: Tony Powell, FWP R-1 FAS Manager, (406) 751-5423, tpowell@mt.gov. July 12, 15, 2018 MNAXLP _________________________