Legals March 9, 2018
No. 25172 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION HOLT 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. 533AF) on February 27, 2018 to change the zoning designation in a portion of the Holt Zoning District from SAG-10 (Suburban Agricultural) to B-2 (General Business) (10.02 acres) and R-2 (One Family Limited Residential) (57.71 acres). The boundaries of the area proposed to be amended from SAG-10 (Suburban Agricultural) to B-2 (General Business) are described as: A TRACT OF LAND SITUATED IN THE SE 1/4 NW 1/4 OF SECTION 24, TOWNSHIP 27 NORTH, RANGE 20 WEST, P.M.M., FLATHEAD COUNTY, STATE OF MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SW 1/4 NE 1/4 OF SECTION 24, MARKED BY A FOUND 5/8" IRON ROD WITH YELLOW PLASTIC CAP MARKED "BRIEN 7681S"; THENCE NORTH 89°38'30" WEST, ALONG THE SOUTH LINE OF THE SW 1/4 NE 1/4 AND THE SE 1/4 NW 1/4 OF SECTION 20 , A DISTANCE OF 1809.45 FEET TO THE EAST RIGHT-OF-WAY LINE OF MONTANA STATE HWY 35; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING COURSES: NORTH 31°32'51" WEST, A DISTANCE OF 504.86 FEET; THENCE NORTH 58°50'42" EAST A DISTANCE OF 10.00 FEET; THENCE NORTH 25°42'22" WEST, A DISTANCE OF 66.79 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING COURSES: NORTH 25°42'22" WEST, A DISTANCE OF 354.97 FEET, THENCE NORTH 31°09'57" WEST, A DISTANCE OF 269.36 FEET; THENCE NORTH 29°06'34" WEST, A DISTANCE OF 241.15 FEET; THENCE NORTH 37°39'07" WEST, A DISTANCE OF 78.42 FEET; THENCE SOUTH 69°08'03" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 20°34'09" WEST, ALONG THE CHORD OF A 1095.92 RADIUS CURVE TO THE RIGHT (CENTRAL ANGLE OF 0°35'38"), A DISTANCE OF 11.36 FEET TO THE NORTH LINE OF THE SE 1/4 NW 1/4 OF SECTION 24; THENCE SOUTH 89°42'01" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 530.95 FEET; THENCE SOUTH 31°09'18" EAST, A DISTANCE OF 970.95 FEET; THENCE NORTH 89°38'30" WEST, A DISTANCE OF 561.36 FEET TO THE POINT OF BEGINNING. The boundaries of the area proposed to be amended from SAG-10 (Suburban Agricultural) to R-2 (One Family Limited Residential) are described as: A TRACT OF LAND SITUATED IN THE SE 1/4 NW 1/4 AND THE SW 1/4 NE 1/4 OF SECTION 24, TOWNSHIP 27 NORTH, RANGE 20 WEST, P.M.M., FLATHEAD COUNTY, STATE OF MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SW 1/4 OF THE NE 1/4 AND ALL OF THAT PORTION OF THE SE 1/4 NW 1/4 LYING NORTH AND EAST OF THAT CERTAIN RIGHT-OF-WAY DEEDED TO THE STATE OF MONTANA AS RECORDED ON OCTOBER 3, 1935 IN BOOK 218, PAGE 537. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF MONTANA AS RECORDED ON DECEMBER 9, 1992 AS INSTRUMENT NO. 9234415260, FLATHEAD COUNTY RECORDS. EXCEPTING THEREFROM THE TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SW 1/4 NE 1/4 OF SECTION 24, MARKED BY A FOUND 5/8" IRON ROD WITH YELLOW PLASTIC CAP MARKED "BRIEN 7681S"; THENCE NORTH 89°38'30" WEST, ALONG THE SOUTH LINE OF THE SW 1/4 NE 1/4 AND THE SE 1/4 NW 1/4 OF SECTION 20 , A DISTANCE OF 1809.45 FEET TO THE EAST RIGHT-OF-WAY LINE OF MONTANA STATE HWY 35; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING COURSES: NORTH 31°32'51" WEST, A DISTANCE OF 504.86 FEET; THENCE NORTH 58°50'42" EAST A DISTANCE OF 10.00 FEET; THENCE NORTH 25°42'22" WEST, A DISTANCE OF 66.79 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE THE FOLLOWING COURSES: NORTH 25°42'22" WEST, A DISTANCE OF 354.97 FEET, THENCE NORTH 31°09'57" WEST, A DISTANCE OF 269.36 FEET; THENCE NORTH 29°06'34" WEST, A DISTANCE OF 241.15 FEET; THENCE NORTH 37°39'07" WEST, A DISTANCE OF 78.42 FEET; THENCE SOUTH 69°08'03" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 20°34'09" WEST, ALONG THE CHORD OF A 1095.92 RADIUS CURVE TO THE RIGHT (CENTRAL ANGLE OF 0°35'38"), A DISTANCE OF 11.36 FEET TO THE NORTH LINE OF THE SE 1/4 NW 1/4 OF SECTION 24; THENCE SOUTH 89°42'01" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 530.95 FEET; THENCE SOUTH 31°09'18" EAST, A DISTANCE OF 970.95 FEET; THENCE NORTH 89°38'30" WEST, A DISTANCE OF 561.36 FEET TO THE POINT OF BEGINNING. The regulations defining the SAG-10, B-2 and R-2 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Board of Commissioners, Courthouse, 800 South Main, Room 302, 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 Holt 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 27th day of February, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman March 2, 9, 2018 MNAXLP _________________________
No. 25162 NOTICE OF CLOSE OF REGULAR REGISTRATION Notice is hereby given that regular registration for the Evergreen Rural Fire District Election(s) to be held on April 10, 2018 will close at 5:00 p.m., on March 12, 2018. NOTE: If you miss this regular registration deadline, you may still register for the election by showing up at the county election office, 40 11th St W #230, Kalispell, Montana up to and including on Election Day. Between noon and the close of business on the day before Election Day, you can complete and submit a voter registration card, but you will need to return to the local election office on Election Day to pick up and vote a ballot. All active and inactive electors of Evergreen Rural Fire District are entitled to vote at said election. Ballots will be automatically mailed to Active Electors only. If you are a registered voter and do not receive a ballot, contact the county election office to update your information as necessary and receive a ballot. Persons who wish to register and who are not presently registered may do so by requesting a form for registration by mail or by appearing at the county election office. If you have moved, please update your registration information by filling out a new voter registration card and submitting it to the county election office. Please note the County Election Office has relocated to the new South Campus Building. Voter Registration forms can be found at our website : http://flathead.mt.gov/election. DATED this 22nd day of February 2018 Flathead County Election Administrator Debbie Pierson Election Administrator February 26, March 2, 9, 2018 MNAXLP _________________________
No. 25164 NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on April 25, 2018, 09:00 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 property, situated in Flathead County, Montana, described as follows: That portion of the Quarter of Section 2, Township 28 North, Range 20 West, Flathead County, Montana, described as follows: Commencing at the Northwest corner of Government Lot 1 of Section 2; thence along the West line of Government Lot 1 South 0 degrees 33'57" East 30 feet to the point of beginning; thence continuing along the West line South 0 degrees 33'57" East 1526.94 feet; thence North 89 degrees 30'37" East 20 feet, thence North 0 degrees 33'57" West 1067.52 feet; thence North 89 degrees 30'37" East 640 feet to the East line of the West half of Government Lot 1 of Section 2; thence along said East line North 0 degrees 33'57" West 241.62 feet; thence South 89 degrees 30'37" West 200 feet, thence North 0 degrees 33'57" West 217.80 feet to the South line of Foothill Road, a 60 foot County road; thence along the South line of the road South 89 degrees 30'38" West 460 feet to the point of beginning, containing 6.451 acres of land. Subject to and together with a 20 foot private road and utility easement as shown on Certificate of Survey No. 6734. Also subject to and together with the effect of restrictions contained in Certificate of Subdivision Plat approval recorded with Certificate of Survey No. 6734, recorded July 19, 1982, records of Flathead County, Montana. Also subject to and together with a 60 foot declared County Road (Foot Hill Road) along the Northerly boundary as shown on available County Maps. Also subject to and together with County road rights-of-way not recorded and indexed as a conveyance in the office of the Clerk and Recorder, pursuant to Title 70, Chapter 21, M.C.A. Also subject to and together with an easement for right of way granted to Flathead Electric Cooperative, Inc., a Corporation, recorded July 10, 1983, as Doc. No 83-123984, records of Flathead County, Montana. Also subject to and together with an easement for right of way granted to Flathead Power Co., a Corporation, dated December 3, 1937, recorded February 28, 2002, as Doc. No. 2002-059-08480, records of Flathead County, Montana. Also subject to and together with that Easement for Ingress, Egress and Utility purposes 60 feet in width as set forth in the personal representatives Deed of Conveyance recorded October 11, 2002 under reception No. 200228416490, records of Flathead County, Montana. More commonly known as 1320 Foothill Road, Kalispell, MT 59901-8250. William A. Ekholt, as Grantor, conveyed said real property to Fidelity National Title Insurance Inc, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc., its successors and assigns, by Deed of Trust on July 26, 2007, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on August 23, 2007 as Instrument No. 200700025762, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP Assignment Dated: April 18, 2011 Assignment Recorded: April 22, 2011 Assignment Recording Information: as Instrument No. 201100008404 Assignee: Citibank, N.A. as a Trustee for CMLTI Asset Trust Assignment Dated: September 9, 2013 Assignment Recorded: October 22, 2013 Assignment Recording Information: as Instrument No. 201300027174 Assignee: PennyMac Holdings, LLC Assignment Dated: February 6, 2014 Assignment Recorded: March 10, 2014 Assignment Recording Information: as Instrument No. 201400004285 Assignee: PennyMac Holdings, LLC Assignment Dated: March 14, 2014 Assignment Recorded: April 3, 2014 Assignment Recording Information: as Instrument No. 201400005725 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 April 28, 2017 as Instrument No. 201700008413, 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 June 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. 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 $233,219.60, interest in the sum of $4,650.21, escrow advances of $817.32, other amounts due and payable in the amount of $4,855.47 for a total amount owing of $243,242.60, 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 14th day of December, 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. 49491 February 23, March 2, 9, 2018 MNAXLP _________________________