Legals March 28, 2018
No. 25261 C.E. Conrad Memorial Cemetery Association Annual Meeting is scheduled for Tuesday April 10, 2018 at 10:00 o'clock a.m. at the legal office of Jeffery Ellingson, 22 W. Second Avenue Suite 4000 Kalispell, Montana. Jeffrey Ellingson, Trustee President March 28, 2018 MNAXLP _________________________
No. 25256 NOTICE OF ABANDONMENT OF PUBLIC ROADWAY NO. 490 SIXTY-FOOT EASEMENT OFF OF FOY'S LAKE LANE Notice is hereby given that the Board of Viewers have reported to the Board of Flathead County Commissioners on the discontinuance of that certain public roadway in Flathead County, Montana, described as follows: A 60' County road easement, situated, lying, and being in the NW1/4 of Section 26 and the NE1/4 of Section 27, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana; said easement lies 30 feet in width on each side of the following described center line: Commencing at the Northwest corner of Section 26, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana; thence S 19'13'08" W a distance of 87.17 feet along the east boundary of Tract 1 of Certificate of Survey (COS) 10088, Flathead County Records to the true point of beginning of the centerline of said County road easement; thence S 24'27'45" E a distance of 600.53 feet more or less and parallel with the east boundary of said Tract 1 to the north boundary of North Foy's Lake Road. Notice is hereby given to the petitioners or landowners as disclosed by the last assessment roll of Flathead County, owning land abutting the roadway described above and being considered for abandonment. The public hearing on this petition for abandonment is scheduled on Tuesday, April 10, 2018 at 9:45 a.m. in the Commissioners' Chambers, Third Floor, County Courthouse, 800 South Main in Kalispell, Montana. For further information, please call (406) 758-5537. DATED this 22nd day of March, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman March 28, and April 4, 2018 MNAXLP --------------------------------------
No. 25240 PUBLIC NOTICE Notice to Water Users (Pursuant to Section 85-2-307, MCA) The following application has been submitted to appropriate water in the State of Montana. THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PROPOSES TO GRANT AN APPLICATION FOR BENEFICIAL WATER USE PERMIT. DESCRIBED BELOW ARE THE PERTINENT FACTS WHICH SUMMARIZE THE APPLICATION. THE PRELIMINARY DETERMINATION (PD) DOCUMENTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ANY CONDITIONS ATTACHED TO THE WATER RIGHT ARE AVAILABLE ON THE INTERNET AT http://www.dnrc.mt.gov/wrd/. OBJECTION DEADLINE: MAY 11, 2018. THE DEPARTMENT CAN ONLY ACCEPT OBJECTIONS FILED ON AN OBJECTION TO APPLICATION, FORM 611. MAIL THE COMPLETED FORM AND THE $25.00 FILING FEE TO THE DNRC, PO BOX 201601, HELENA, MT 59620-1601 BY THE DEADLINE SPECIFIED. THE FORM IS AVAILABLE ON THE DEPARTMENT'S WEBSITE. DIRECT ANY QUESTIONS PERTAINING TO THE APPLICATION, TO OBTAIN THE PD OR OBJECTION FORM TO THE WATER RESOURCES OFFICE AT 655 TIMBERWOLF PARKWAY, SUITE 4, KALISPELL, MT 59901-2387, PHONE: 406-752-2288, FAX: 406-752-2843. IF ISSUED, THE RIGHT WILL BE SUBJECT TO PRIOR EXISTING WATER RIGHTS. Application Number:76LJ 30115209 Owners: CAM CLARK 1001 HIGHLAND PARK BLVD NE AIRDRIE, AB T4A0R2 CANADA Priority Date: JANUARY 10, 2018 at 09:45 A.M. Purpose (use): IRRIGATION Maximum Flow Rate: 23.00 GPM Maximum Volume: 1.25 AC-FT Maximum Acres: 0.50 Source Name: WHITEFISH RIVER (WHITEFISH LAKE) Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID 1; Qtr Sec SWSESE; Sec 26; Twp 31N; Rge 22W; County FLATHEAD Period of Diversion: APRIL 15 TO OCTOBER 15 Diversion Means: PUMP Purpose (Use): IRRIGATION Volume: 1.25 AC-FT Period of Use: APRIL 15 to OCTOBER 15 Place of Use: County FLATHEAD ID 1; Total Acres 0.50; Qtr Sec SWSESE; Sec 26; Twp 31N; Rge 22W March 28, 2018 MNAXLP --------------------------------------------
No. 25231 NOTICE OF PUBLIC HEARING On Tuesday, April 3, 2018 at 10:00 AM, a Public Hearing will be held in Room (207) of the Sanders Building, at 111 North Sanders in Helena, for the purpose of receiving comments on the draft Department of Public Health and Human Services "2018 DOE State Plan Application". U.S. Department of Energy funding in the 2018 draft plan is based on the 2016 allocation levels and will be updated once the FFY18 budget is passed and the updated allocations have been issued to the State of Montana. Draft copies of the proposed application will be available at the Department of Public Health and Human Services, Intergovernmental Human Services Bureau, 1400 Carter Drive, P.O. Box 202956, Helena, MT 59620-2956 on Friday, March 23, 2018. Written comments must be received by 5:00 PM, Tuesday, April 3, 2018. March 23, 24, 25, 26, 27, 28, 29, 30, 31, and April 1, 2, 3, 2018 MNAXLP --------------------------------------------
No. 25210 NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN by the Board of Trustees of the EVERGREEN FIRE DISTRICT that on April 10, 2018 pursuant to a resolution duly adopted by the Trustees on January 29, 2018, a special election by the registered voters will be held in and for the District for the purpose of voting on the question of whether or not to increase the specific number of mills to be imposed against taxable property located within the District pursuant to MCA 15-10-420, for the purpose of personnel and equipment. The increased levy of 70.63 mills would provide approximately $1,154,493 per year based upon current taxable valuation. Such special election shall be conducted by mail ballot. Ballots will be mailed to all eligible registered voters in the Fire District on March 21, 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 April 9, 2018. On Election Day, April 10, 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 April 10, 2018. Dated this 12th day of March, 2018 Debbie Pierson Election Administrator March 15, 21, 28, 2018 MNAXLP __________________________
No. 25248 THIRD CORRECTED NOTICE OF TRUSTEE SALE OF REAL PROPERTY This Third Corrected Notice of the sale of real property is hereby given pursuant to the provisions of the "Small Tract Financing Act of Montana" [Section 71-1-301 et. seq., Montana Code Annotated which corrects the Notice of Trustee Sale of Real Property recorded August 21, 2017 and the Corrected Notice of Trustee Sale recorded on September 27, 2017 and Second Corrected Notice of Trustee Sale filed on November 9, 2017. THE NAMES OF THE GRANTOR(S), TRUSTEE, THE BENEFICIARY IN THE DEED OF TRUST, ANY OF THE SUCCESSOR(S) IN INTEREST TO THE BENEFICIARY, AND ANY SUCCESSOR TRUSTEE ARE: Grantor(s): Bradley K. Boe, Chris N. Boe, and Brian K. Boe Trustee: Citizen's Title and Escrow, the successor Trustee of which was Michael A. Ferrington by instrument recorded June 17, 2010 under Document 201000013929, and Substitution of Trustee to First American Title Company recorded April 23, 2013 under Document No. 201300009774, and Substitution of Trustee John A. Mercer recorded May 18, 2015 under Document No. 201500009513. Beneficiary: Godfrey Revocable Trust, Assignment of beneficial interest Assigned to 3 H Mortgage, LTD., by instrument recorded April 23, 2013 under Document No. 201300009772. Successor Trustee: Michael Klinkhammer THE DESCRIPTION OF THE PROPERTY COVERED BY THE TRUST INDENTURE IS: The real property and its appurtenances in Flathead County, Montana, more particularly described as follows: Those portions of Government Lot 3 of Section 2 and Government Lots 1 and 7 of Section 3, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana lying Southerly of U.S. Highway No. 35 and Northerly of the low water mark of the Flathead River, as shown on Deed Exhibit No. 622. EXCEPTING THEREFROM: That portion of Government Lot 1, Section 3, Township 28 North, Range 21 West, Flathead County, Montana described as follows: Beginning at the Southwest corner of Government Lot 1; thence along the West line of Government Lot 1 North 0°40'44" West a distance of 670.68 feet to a point on the Southerly line of Montana State Highway No. 35, which point is on a 2805.00 foot radius curve concave Southwesterly having a radial bearing of South 06°58'33" West; thence along the Southerly line of the highway Southeasterly along the curve thru a central angle of 3°03'58" a distance of 150.11 feet; thence South 0°40'44" East a distance of 649.69 feet to the South line of Government Lot 1; thence along the South line North 89°31'48" West a distance of 148.20 feet to the Point of Beginning. Parcel A of Certificate of Survey No. 8835. RECORDING DATA: The following instruments and documents have been recorded in the Clerk and Recorder's Office in Flathead County, Montana on the date and in the place indicated: Montana Trust Indenture: Dated March 20, 2006, recorded March 24, 2006 under Document No. 2006-083-16050. Substitution of Trustee: Record June 17, 2010 under Document No. 2010000013929 Agreement to Modify Terms: Recorded March 31, 2011 under Document No. 201100006811 Assignment of Beneficial Interest: Recorded April 23, 2013 under Document No. 201300009772 Agreement to Modify Terms: Recorded April 23, 2013 under Document No. 201300009773 Substitution of Trustee: Recorded April 23, 2013 under Document No. 201300009774 Appointment of Successor Trustee: Recorded May 18, 2015 under Document No. 201500009513 Appointment of Successor Trustee: Recorded June 12, 2016 under Document 201600017181 Notice of Trustee Sale of Real Property: Recorded August 21, 2017 under Document No. 201700020337 Corrected Notice of Trustee Sale of Real Property: Recorded September 27, 2017 under document No. 201700024152 Second Corrected Notice of Trustee Sale of Real Property: Recorded November 9, 2017 under document No. 2017000297985 THE DEFAULT FOR WHICH THE FORECLOSURE IS MADE IS: The nonpayment of monthly amounts due on the real property subject of the Note and Montana Trust Indenture referred to above in the sum of $32,368.08 which sum includes principal, interest, reserve for taxes, escrow fees and late fees. THE SUM OWING ON THE OBLIGATION SECURED BY THE MONTANA TRUST INDENTURE IS Principal plus Accrued Interest: $ 117,144.22 (The entire remaining balance of the aforesaid Note being declared immediately due and payable together with accrued interest to January 17, 2018). Interest: At the rate of 13.75% per annum from September 12, 2016 until paid. Other(s): All unpaid balances, including interest on real property tax, insurance, together with all necessary expenses which may be incurred in collection, including a reasonable attorney's fee and all costs, fees and expenses including costs of a foreclosure report, advertising and recording expense. THE BENEFICIARY HEREBY ELECTS TO SELL THE PROPERTY TO SATISFY THE AFORESAID OBLIGATIONS. THE DATE, TIME, PLACE AND TERMS OF SALE ARE: Date and Time: May 25, 2018 at 10:00 a.m. Mountain Standard Time or Mountain Daylight Time whichever is in effect. Place: Outside the Main Entrance of the Flathead County Justice Center located at 920 South Main, Kalispell Montana. Terms: The sale is a public sale and any person, including the beneficiary, excepting only Successor Trustee, may bid at the sale. The bid price must be paid in cash. The conveyance will be made by Trustee's Deed. The sale purchaser shall be entitled to possession of the property on the 10th day following the sale. RIGHT TO CURE: The grantor, successor in interest to the grantor 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 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 Dated this 18th day of January, 2018. /s/ Michael Klinkhammer Michael Klinkhammer Successor Trustee STATE OF MONTANA : ss County of Flathead This instrument was signed before me this18th day of January, 2018 by Michael Klinkhammer /s/ T. Butchart Notary Public for the State of Montana Notary Printed Name: T Butchart Residing at: Montana My Commission expires: January 28, 2021 March 28, and April 4, 11, 2018 MNAXLP ------------------------------------------