Legals October 15, 2018
No. 25696 NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on January 28, 2019, 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 29 of John's Garden Acres, 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 223 Cooperative Way, Kalispell, MT 59901. Aaron B. Chapman and Tara L. Chapman, Husband and Wife, as Grantors, conveyed said real property to Citizens Title, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as nominee for American Homestead Mortgage, its successors and assigns, by Deed of Trust on October 20, 2006, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on October 20, 2006 as Instrument No. 200629315550, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: U.S. Bank National Association Assignment Dated: May 2, 2012 Assignment Recorded: May 9, 2012 Assignment Recording Information: as Instrument No. 201200009989 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 June 13, 2018 as Instrument No. 201800011818, 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 January 1, 2018, 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 $180,547.21, interest in the sum of $6,582.40, escrow advances of $1,445.11, other amounts due and payable in the amount of $4,885.00 for a total amount owing of $193,459.72, 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 September, 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. 52824 October 1, 8, 15, 2018 MNAXLP __________________________
No. 25695 NOTICE OF TRUSTEE'S SALE On February 5, 2019 at 11:00 AM, at the East Door, Flathead County Justice Center, 920 South Main Street, Kalispell, MT 59901, 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 Flathead County, Montana, and described as follows: A tract of land situate, lying and being in the Northwest Quarter of the Southwest Quarter (NW1/4SW1/4) of Section 13, Township 30 North, Range 23 West, P.M.M., Flathead County, Montana, and more particularly described as follows to wit: Beginning at the Southwest Corner of the NW1/4SW1/4 of Section 13, Township 30 North, Range 23 West, P.M.M., Flathead County, Montana, which is a found B.L.M. brass cap; thence North 00°24'07" East, along the West boundary of said NW1/4SW1/4, 608.45 feet to a found iron pin; thence East, 795.29 feet to a set iron pin; thence South, 556.92 feet to a found iron pin; thence South 86°18'50" West, 801.22 feet to the place of beginning. Tract 1 on Certificate of Survey No. 5332. Parcel ID No.: 58-0968546 which has the address of 489 Tally Lake Road, Whitefish, MT 59937. 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 April 9, 2003 and executed by Craig James Roubinek and Jane Roubinek, as grantors ("Grantor"), to Citizens Title and Escrow, as trustee, in favor of National City Mortgage Co dba Accubanc Mortgage, as beneficiary, and recorded on April 21, 2003 as Instrument No. 2003111 16150, official records of Flathead County, Montana. The Deed of Trust was assigned for value to U.S. Bank National Association, as Trustee, RBSGC Mortgage Loan Trust 2005-A, Mortgage Loan Pass-Through Certificates, Series 2005-A ("Beneficiary"), the current beneficiary, by written instrument filed for record on January 2, 2018, as Instrument No. 201800000050, official records of Flathead 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 September 20, 2018 as Instrument No. 201800023269, official records of Flathead 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 May 1, 2018 installment payment. As of September 12, 2018, the amount necessary to satisfy this obligation was $104,090.84. This amount includes the outstanding principal balance of $98,097.70, 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: 9/26/2018 /s/ Brigham 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. October 1, 8, 15, 2018 MNAXLP __________________________