Legals May 11, 2018
No. 25379 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION HIGHWAY 93 NORTH 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. 837DG) on May 7, 2018, to change the zoning designation in a portion of the Highway 93 North Zoning District from SAG-10 (Suburban Agricultural) to SAG-5 (Suburban Agricultural). The boundaries of the area proposed to be amended from SAG-10 (Suburban Agricultural) to SAG-5 (Suburban Agricultural) are described as: Lot 8 of Rolling Meadows, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. and Parcel 8A of Certificate of Survey No. 17986, that portion of the Southeast Quarter of the Southwest Quarter (SE1/4SW1/4) of Section 8, and the Northeast Quarter of the Northwest Quarter (NE1/4NW1/4) of Section 17, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. Tract 2 of Certificate of Survey No. 3811, that portion of the Southwest Quarter of the Southwest Quarter (SW1/4SW1/4) of Section 8, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. Parcel B of Certificate of Survey No. 16719, that portion of the South Half of the Southwest Quarter (S1/2SW1/4) of Section 8, Township 29 North, Range 21 West, & North Half of the Northwest Quarter (N1/2NW1/4) of Section 17, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The regulations defining the SAG-10 and SAG-5 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 Highway 93 North 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 7th day of May, 2018. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman May 11, 18, 2018 MNAXLP __________________________
No. 25386 Martin S. King WORDEN THANE P.C. 321 W. Broadway, Suite 300 Missoula, MT 59802 P: (406) 721-3400 Attorney for Plaintiff MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY KS VENTURES, LLC, an Arizona limited liability company, Plaintiff, vs. WILLIAM M. RUSSELL; K.E. SMITH REVOCABLE TRUST; MYERS REVOCABLE TRUST; KIM RUSSELL; SHARON HUFF; BEN WEIDLING; THE LAMAR COMPANIES; U.S. TREASURY by and through the INTERNAL REVENUE SERVICE; MONTANA SWEETGRASS RANCH HOMEOWNERS' ASSOCIATION, INC.; DOE DEFENDANTS I THROUGH X inclusive, Defendants. Cause No. DV-16-389B NOTICE OF SALE Notice is hereby given that by virtue of an AMENDED FINAL JUDGMENT by the District Court of the Eleventh Judicial District in and for the County of Flathead and State of Montana, and entered and docketed in the Office of the Clerk of said Court on March 9, 2018, in an action wherein KS VENTURES, LLC was Plaintiff, and WILLIAM M. RUSSELL; K.E. SMITH REVOCABLE TRUST; MYERS REVOCABLE TRUST; KIM RUSSELL; SHARON HUFF; BEN WEIDLING; THE LAMAR COMPANIES; U.S. TREASURY by and through the INTERNAL REVENUE SERVICE; MONTANA SWEETGRASS RANCH HOMEOWNERS' ASSOCIATION, INC.; DOE DEFENDANTS I THROUGH X inclusive were Defendants, in favor of Plaintiff and against the Defendant William M. Russell for the sum of $1,449,558.56, the Sheriff of Flathead County shall sell the real property hereinafter described, to satisfy the amount of said judgment, plus costs and attorney fees, with interest thereon and the costs and expenses of such sale, or so much thereof as the proceeds of said sale will satisfy; and by virtue of an AMENDED FINAL JUDGMENT and ORDER ASSESSING ATTORNEY FEES AND COSTS issued to me out of the office of the Clerk of said Court, I, Chuck Curry, Sheriff of Flathead County, Montana, or a Deputy on behalf of the Sheriff, will sell the property described in the Judgment to the highest bidder for cash or credit bid at public auction at the lobby of the Justice Center in the City of Kalispell (920 South Main Street) in the County of Flathead, and State of Montana, on Friday the 1st day of June, 2018, at the hour of 10 o'clock A.M., to satisfy the amount due, with interest thereon, and the costs and expenses of such sale, or so much thereof as the proceeds of such sale will satisfy. Subject to the terms of the judgment, the Mortgaged Property will be sold by the Sheriff or his Deputy in the following chronological order: the lots in Parcel 5 and related Common Area for said lots (and related fixtures and appurtenances), beginning with Lot 4, will be sold first, and then Parcels 1, 2, 3 and 4 (and related fixtures and appurtenances) will thereafter be sold in that order. The property to be sold is situated in the County of Flathead, and State of Montana, and is described as follows: PARCEL 1: THE NORTH HALF OF GOVERNMENT LOT 3 OF SECTION 17, TOWNSHIP 27 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. PARCEL 2: THE SOUTH HALF OF GOVERNMENT LOT 2 OF SECTION 17, TOWNSHIP 27 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. PARCEL 3: THE SOUTH HALF OF GOVERNMENT LOT 3 OF SECTION 17, TOWNSHIP 27 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. AND THE NORTH HALF OF GOVERNMENT LOT4 OF SECTION 17, TOWNSHIP 27 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. PARCEL K OF CERTIFICATE OF SURVEY NO. 16282 PARCEL 4: TRACT A OF CERTIFICATE OF SURVEY NO. 17584, LOCATED IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 30 NORTH, RANGE 20 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. PARCEL 5: LOTS 4, 5, 7, 8, 9, 15, 16, 17, 18, 28, 29, 30, 31 AND 32 OF SWEETGRASS RANCH, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. AND ALL OPEN SPACES, COMMON AREA AND PROVATE ROADWAYS OF SWEETGRASS RANCH, ALL LOCATED IN THE NE1/4 OF CECTION 33, TOWNSHIP 29 NORTH, RANGE 20 WEST, ACCORDING TO THE OFFICIAL MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property. Dated this 8th day of May, 2018. FLATHEAD COUNTY SHERIFF CHUCK CURRY By:Jeff Weyh Civil Department WORDEN THANE P.C. 321 West Broadway, Suite 300 Missoula, MT 59802 Attorneys for the Plaintiff May 11, 18, 25, 2018 MNAXLP __________________________
No. 25368 NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on September 25, 2018, 11:00 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: Lot 179 of Block 9 of Silverbrook Estates, Phase 1A, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. More commonly known as 114 East Swift Creek Way, Kalispell, MT 59901. Billie J. Roberts and Ryan Roberts, as Grantors, conveyed said real property to First American Title Company, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as nominee for Mann Mortgage, LLC, its successors and assigns, by Deed of Trust on September 26, 2012, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on September 27, 2012 as Instrument No. 201200022417, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: PennyMac Loan Services, LLC Assignment Dated: September 22, 2017 Assignment Recorded: October 5, 2017 Assignment Recording Information: as Instrument No. 201700024979 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 11, 2018 as Instrument No. 201800006986, 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 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. 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 $230,487.42, interest in the sum of $5,967.05, escrow advances of $454.64, other amounts due and payable in the amount of $575.15 for a total amount owing of $237,484.26, 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 1st day of May, 2018. 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. 52337 May 4, 11, 18, 2018 MNAXLP __________________________
No. 25383 Public Notice Notice of Application for Air Quality Permit (Pursuant to Rule 208, Section 5 of Flathead County Air Pollution Control Program, OPEN BURNING, Manzo Enterprises has filed or will file on or about 5/8/2018 an application for a conditional air quality open burning permit from the Environmental Health Services Division, Flathead City-County Health Department. Applicant seeks approval to open burn pine needles, leaves, branches at 575 Church Drive, Kalispell, MT 59901 section 14, township 29, range 22 Any member of the public with questions or who wishes to receive notice of the Department's determination, and the location where a copy of the application and the Department's analysis of it can be reviewed, or to submit comments on the application, must contact the Flathead City-County Health Department, Environmental Health Services Division at 1035 1st Ave. West, Kalispell, MT 59901, telephone (406) 751-8130. Any comments on the application must be submitted to the Department within 20 days after publication of this notice or filing of the application. The Department's decision to approve or deny an application for Conditional Open Burning Permit may be reviewed by the Board of Health according to the following procedure: When the Division approves or denies the application for Conditional Open Burning Permit under this section, a person who is affected by the Department's decision may request a hearing before the Board, within 3 days after the Department renders its final decision. May 11, 2018 MNAXLP __________________________
No. 25385 Opportunity to Object to the Hungry Lion Resource Management Project Draft Decision Notice and Finding of No Significant Impact The draft decision notice (DN)/finding of no significant impact (FONSI) and updated environmental assessment (EA) for the Hungry Lion Resource Management Project is now available. The project area includes the communities of Hungry Horse, Martin City, and Coram, stretching east to the Great Bear Wilderness and south to the Hungry Horse Reservoir. The project area is located within Flathead County, Montana, and is approximately 37, 090 acres in size. All project activities would occur on National Forest System lands. The responsible official for the project is Flathead National Forest Supervisor Chip Weber. The responsible official intends to select an alternative that combines elements of both alternative 2 and alternative 3, as analyzed in the Hungry Lion Updated EA. Under the selected alternative, approximately 2,614 acres of commercial harvest, 1,304 acres of which are within the wildland-urban interface, would take place. An estimated 804 acres of treatments would be non-commercial and 759 acres of prescribed burning with no associated mechanized activity would also take place. Vegetation management activities would be accessed through an estimated 3.8 miles of temporary road, and 4.8 miles of historic roads. Up to 12 culverts would be replaced, 6 aquatic organism passage structures would be installed, and 1.4 miles of road in upper Emery Creek would be rerouted to restore hydrologic processes, water quality, and aquatic habitat. Approximately 50.9 miles of road would be evaluated for best management practices and applied as needed. Approximately 12 miles of historic trail would be added back to the National Forest System trail system to increase recreation opportunities. A fishing pier would be constructed near the South Lion Lake day use area, and parking improvements would occur at the North Lion Lake trailhead. The draft DN/FONSI and updated EA can be found on the web at https://www.fs.usda.gov/project/?project=50134. Hardcopies of these documents are available upon request and additional information can be obtained from Project Leader, Sarah Canepa, by calling (406) 387-3800, or emailing scanepa@fs.fed.us The Hungry Lion Resource Management Project is subject to the objection process pursuant to 36 CFR 218 Subparts A and B. Objections will only be accepted from those who have previously submitted specific written comments regarding the proposed project during scoping or other designated opportunity for public comment in accordance with §218.5(a). Issues raised in objections must be based on previously submitted timely, specific written comments regarding the proposed project unless based on new information arising after the designated comment opportunities. Objections, including attachments, must be filed via mail, express delivery, or messenger service: (to Objection Reviewing Officer, USDA Forest Service, Northern Region, P.O. Box 7669, Missoula, MT 59807); FAX to (406) 329-3411; email to appeals-northern-regional-office@fs.fed.us ; or hand-delivery (Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding holidays, at USDA Forest Service, 26 Fort Missoula Road, Missoula, MT 59807). Electronic objections must be submitted in rich text (.rtf), Word (.doc), or Adobe Acrobat (.pdf) format. Objections must be submitted within 45 calendar days following the publication of this notice in the Daily Inter Lake. The publication date in the newspaper of record is the exclusive means for calculation the time to file an objection. Those wishing to object should not rely upon dates or timeframe information provided by any other source. The regulations prohibit extending the time to file an objection. The objection must contain the minimum content requirements specified in §218.8(d) and incorporation of documents by reference is permitted only as provided in §218.8(b). It is the objector's responsibility to ensure timely filing of a written objection with the reviewing officer pursuant to §218.9. All objections are available for public inspection during and after the objection process. At a minimum, the objection must include the following (36 CFR 218.8(d)): 1) The objector's name and address, with a telephone number, if available; 2) a signature or other verification of authorship upon request (a scanned signature for email may be filed with the objection); 3) when multiple names are listed on the objection, identification of the lead objector (verification of the identity of the lead objector shall be provided upon request); 4) the name of the proposed project, the name and title of the responsible official, and the name(s) of the national forest(s) and/or ranger district(s) on which the proposed project will be implemented; 5) a description of those aspects of the proposed project addressed by the objection, including specific issues related to the proposed project if applicable; how the objector believes the environmental analysis or draft decision specifically violates law, regulation, or policy; suggested remedies that would resolve the objection; supporting reasons for the reviewing officer to consider; and 6) a statement that demonstrates connection between prior specific written comments on the particular proposed project or activity and the content of the objection. May 11, 2018 MNAXLP _________________________
No. 25371 NOTICE OF TRUSTEE'S SALE On September 19, 2018 at 11:00 AM, on the Front Steps, Lake County Courthouse, 106 4th Avenue East, Polson, MT 59860, 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 Lake County, Montana, and described as follows: Lot "A" of the Amended Plat of Lot 5 of MCCREADY ADDITION to Ronan, a Subdivision of Lake County, Montana, and a portion of the SW 1/4 NE 1/4 of Section 2, Township 20 North, Range 20 West, P.M.M., Lake County, Montana, on file in the office of the Clerk and Recorder of Lake County, Montana. Parcel ID No.: 9600 which has the address of 630 5th Avenue SW, Ronan, MT 59864. 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 December 21, 2009 and executed by Boen M. Couture and Jill M. Couture, as grantors ("Grantor"), to Alliance Title & Escrow Corp., as trustee, in favor of Wells Fargo Bank, N.A., as beneficiary, and recorded on January 6, 2010 as Instrument No. 504069, official records of Lake 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 April 26, 2018 as Instrument No. 561745, official records of Lake 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 November 1, 2017 installment payment. As of April 23, 2018, the amount necessary to satisfy this obligation was $157,566.91. This amount includes the outstanding principal balance of $151,806.64, 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: 05/02/2018 /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. May 11, 18, 25, 2018 MNAXLP __________________________