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Legals August 16, 2019

| August 16, 2019 5:10 AM

No. 26437 NOTICE OF PUBLIC HEARING: ABANDONMENT OF PUBLIC RIGHT-OF-WAY PETITION NO. 504 - PORTION 5TH STREET WEST, HUNGRY HORSE, MT Notice is hereby given that the Board of Viewers has reported to the Flathead County Board of Commissioners on the abandonment of that certain public right-of-way on a portion of 5th Street West in Hungry Horse, MT that can legally be described as follows: A tract of land, situated, lying, and being in a portion of 5th Street West, as shown on the plat of first addition to Hungry Horse City, and in Government Lot 9 and the Southeast Quarter of the Southeast Quarter of Section 6, Township 30 North, Range 19 West, Flathead County, Montana, and more particularly described as follows to wit: Commencing at a found iron pin being in the southwest corner of Lot 39, Block 14 of the plat of First Addition to Hungry Horse City (records of Flathead County, Montana), which is on the east right-of-way of 5th Street West; Thence West 60.00 feet to the true point of beginning of the tract of land herein described: Thence South 720.08 feet; Thence West 20.85 feet to the northeast corner of Lot 13, Block 5, of the plat of South Fork (records of Flathead County, Montana), which is on the west right-of-way of 5th Street West; Thence North 989.63 feet to a round iron pin being the southwest corner of Lot 26, Block 15 of the plat of First Addition to Hungry Horse City (records of Flathead County, Montana), which is on the south right-of-way of River Drive; Thence along said right-of-way S54o31'47"E 25.60 feet; Thence South 254.69 feet to the point of beginning and containing .470 ACRE. Notice is hereby given to the petitioners or landowners, as disclosed by the last assessment roll of Flathead County, owning land abutting the portion of the right-of-way on 5th Street West in Hungry Horse, as described above, that it is being considered for abandonment. The public hearing on this petition for the proposed abandonment is set for Wednesday, August 28, 2019 at 9:15 o'clock a.m. in the Commissioners' Chambers, Third Floor, County Courthouse, 800 South Main, Kalispell, Montana. For further information, please call 758-5537. DATED this 13th day of August, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairperson August 16, 23, 2019 MNAXLP ______________________

No. 26439 NOTICE OF SALE UNDER DEED OF TRUST Deed of Trust: Dated December 29, 2011 Grantors: David M. Giddeon 600 Pioneer Road Kalispell, MT 59901 Whitney S. Giddeon 600 Pioneer Road Kalispell, MT 59901 David M. Giddeon PO Box 837 Watford City, ND 58847-0837 Whitney S. Giddeon PO Box 837 Watford City, ND 58847-0837 Original Trustee: Sterling Title Services 211 South Main Street PO Box 73 Kalispell, MT 59903 Original Beneficiary: Three Rivers Bank of Montana Three Rivers Bank of Montana -Idaho Location 223 E. Idaho PO Box 7250 Kalispell, MT 59901 Successor Trustee: Brian Geer HANSBERRY & JOURDONNAIS, PLLC 3819 Stephens Ave., Ste. 200 Missoula MT 59801 Date & Place of Recordation: Original recorded December 30, 2011 under Document No. 2011-00027227, records of the Clerk & Recorder of Flathead County, Kalispell, Montana. The undersigned hereby gives notice that on the 24th day of September, 2019, at the hour of 11:00 a.m. at the front steps of the Flathead County Courthouse, 920 South Main, Kalispell, Montana, 59901, as Successor Trustee under the above-described instrument, in order to satisfy the obligation set forth below, has elected to and will sell at public auction to the highest bidder, for cash, lawful money of the United States of America, payable at the time of sale to the Successor Trustee, the interest of the above-named Trustee, Successor Trustee and Grantor, and all of its successors and assigns, without warranty or covenant, express or implied, as to title or possession, in the following described real property: Tract 1 of Certificate of Survey No. 17440, located and being in Government Lots 10 and 11 of Section 31, Township 30 North, Range 20 West, P.M.M., Flathead County, Montana. The defaults for which this foreclosure is made are the failure of the above-named Grantors, and all of their successors and assigns, to pay when due the monthly payments provided for in the Promissory Note in the amount of Six Hundred Eighty Thousand and 00/100 Dollars ($680,000.00), payable in Two Hundred Thirty-Nine (239) regular payments of Four Thousand Five Hundred Fifty-Two and 38/100 Dollars ($4,552.38) each, together with interest which continues to accrue at the current variable rate of Five and Fifty-Nine Hundredths percent (5.59%) per annum until May 20, 2019 when interest will accrue at the Promissory Note's default rate of 15.95%; together with late fees in the amount of Six Hundred Ninety-Three and 00/100 Dollars ($693.00). The sum owing on the obligation secured by the Deed of Trust is the principal balance of Five Hundred Fifty-Three Thousand One Hundred Ninety-Seven and 82/100 Dollars ($553,197.82), plus accrued interest in the amount of Sixteen Thousand Twenty-Nine and 24/100 ($16,029.24), together with interest which continues to accrue at the current note rate until May 20, 2019 when interest will accrue at the Promissory Note's default rate of 15.95%, plus all costs, fees, expenses, attorneys' and trustee's fees as provided by law. DATED this 17th day of May, 2019. /s/ Brian Geer Brian Geer, Successor Trustee Hansberry & Jourdonnais, PLLC Missoula MT 59801 STATE OF MONTANA ss County of Missoula This instrument was acknowledged before me on the 17th day of May, 2019, by Brian Geer, Successor Trustee. /s/ Jasmine R. Icenhower Print Name: Jasmine R. Icenhower Notary Public for the State of Montana Residing at: Missoula, Montana My Commission Expires: July 18, 2020 August 16, 23, 30, 2019 MNAXLP __________________________

No. 26440 NOTICE OF SALE UNDER DEED OF TRUST Deed of Trust: Dated December 29, 2011 Grantors: Lorraine H. Graham 518 Pioneer Road Kalispell, MT 59901 Original Trustee: Sterling Title Services 211 South Main Street PO Box 73 Kalispell, MT 59903 Original Beneficiary: Three Rivers Bank of Montana Three Rivers Bank of Montana - Idaho Location 223 E. Idaho PO Box 7250 Kalispell, MT 59901 Successor Trustee: Brian Geer HANSBERRY & JOURDONNAIS, PLLC 3819 Stephens Ave., Ste. 200 Missoula MT 59801 Date & Place of Recordation: Original recorded December 30, 2011 under Document No. 2011-00027228, records of the Clerk & Recorder of Flathead County, Kalispell, Montana. The undersigned hereby gives notice that on the 24th day of September, 2019, at the hour of 11:15 a.m. or as soon as possible and after the Trustee's Sale of the Deed of Trust recorded as Document No. 2011-00027227, at the front steps of the Flathead County Courthouse, 920 South Main, Kalispell, Montana, 59901, as Successor Trustee under the above-described instrument, in order to satisfy the obligation set forth below, has elected to and will sell at public auction to the highest bidder, for cash, lawful money of the United States of America, payable at the time of sale to the Successor Trustee, the interest of the above-named Trustee, Successor Trustee and Grantor, and all of its successors and assigns, without warranty or covenant, express or implied, as to title or possession, in the following described real property: Tract 3 of Certificate of Survey No. 17441, located and being in Government Lots 10 and 11 of Section 31, Township 30 North, Range 20 West, P.M.M., Flathead County, Montana. The defaults for which this foreclosure is made are the failure of the above-named Grantors, and all of their successors and assigns, to pay when due the monthly payments provided for in the Promissory Note in the amount of Six Hundred Eighty Thousand and 00/100 Dollars ($680,000.00), payable in Two Hundred Thirty-Nine (239) regular payments of Four Thousand Five Hundred Fifty-Two and 38/100 Dollars ($4,552.38) each, together with interest which continues to accrue at the current variable rate of Five and Fifty-Nine Hundredths percent (5.59%) per annum until May 20, 2019 when interest will accrue at the Promissory Note's default rate of 15.95%; together with late fees in the amount of Six Hundred Ninety-Three and 00/100 Dollars ($693.00). The sum owing on the obligation secured by the Deed of Trust is the principal balance of Five Hundred Fifty-Three Thousand One Hundred Ninety-Seven and 82/100 Dollars ($553,197.82), plus accrued interest in the amount of Sixteen Thousand Twenty-Nine and 24/100 ($16,029.24), together with interest which continues to accrue at the current note rate until May 20, 2019 when interest will accrue at the Promissory Note's default rate of 15.95%, plus all costs, fees, expenses, attorneys' and trustee's fees as provided by law. DATED this 17th day of May, 2019. /s/ Brian Geer Brian Geer, Successor Trustee Hansberry & Jourdonnais, PLLC Missoula MT 59801 STATE OF MONTANA ss County of Missoula This instrument was acknowledged before me on the 17th day of May, 2019, by Brian Geer, Successor Trustee. /s/ Jasmine R. Icenhower Print Name: Jasmine R. Icenhower Notary Public for the State of Montana Residing at: Missoula, Montana My Commission Expires: July 18, 2020 August 16, 23, 30, 2019 MNAXLP __________________________

No. 26414 INVITATION TO BID Notice is hereby given that the Flathead County Economic Development Authority (FCEDA) will receive bids for the reconstruction of the Gateway Community Center East Parking Improvements project in Kalispell, Montana. The project generally consists of demolishing and reconstructing the approximate 54,000 sf paved parking lot and associated cubs, sidewalk, stormwater system, landscape, and irrigation system. The contract documents, consisting of drawings and the project manual, may be examined or obtained at the office of Jackola Engineering and Architecture, PC, 2250 Hwy 93 South, Kalispell MT 59901. A non-refundable deposit of $75.00 per set is required. An additional non-refundable payment of $50.00 is required for documents sent by express mail. Each bidder must deposit with his/her bid, a bid security in the amount of ten percent (10%) of the bid. Bid security shall be payable to the Flathead County Economic Development Authority and shall be in the form of lawful money of the United States, a cashier's check, certified check, bank money order, or bank draft issued by a banking corporation incorporated under the laws of the State of Montana, or bid bond executed by a surety corporation authorized to do business in Montana. No bidder may withdraw a bid after the actual date of the opening thereof. The selected bidder will, within 15 days, enter into a formal contract for the completion of the project. A Performance Bond and Labor and Materials Payment Bond each in the amount of One Hundred percent (100%) of the contract sum will be required of the successful bidder, to secure the contractor's covenant to faithfully perform all of the conditions of the contract in accordance with the law and that contract. The successful bidder will also be required to provide current proof of Worker's Compensation insurance and/or an independent contractor certification from the State, and General Liability and Automobile insurance policies, with FCEDA as an additional insured as listed in the documents. The successful bidder must contract to pay prevailing wage rates, set by the Montana Department of Labor, and will be subject to withholding of 1% of all payments for transmittal to the Department of Revenue to pay the public contract tax. The Contractor and all subcontractors will be required to have a certificate of registration from the Montana Department of Labor and Industry in the proper classification prior to bidding this project. The successful bidder must contract to give preference to the employment of bona fide residents of Montana in the performance of the work pursuant to MCA Section 18-1-102. A resident bidder will be allowed a preference against the bid of any nonresident bidder from any state or country that enforces a preference for resident bidders equal to the preference given in the other state or country. There will be a pre-bid meeting held on-site, at 1203 US Hwy 2 West, Kalispell, MT on August 13th at 2:00pm MST. Contractors are to meet near the intersection of Glenwood Drive and Husky Street. All sealed bids, plainly marked "Gateway Community Center East Parking Improvements", must be received by 2:00pm MST on August 22nd, 2019 by Jackola, 2250 Hwy 93 South, Kalispell, MT 59901. Bids will be opened and read aloud shortly thereafter. FCEDA reserves the right to accept or reject any bid and to waive any irregularities which are deemed to be in the best interest of FCEDA. The award of bid will be made solely by the issuance of a letter of award to the successful bidder by FCEDA. END OF INVITATION TO BID August 9, 16, 2019 MNAXLP _________________________

No. 26438 Kent P. Saxby Johnson, Berg & Saxby, PLLP 221 First Avenue East PO Box 3038 Kalispell, Montana 59903-3038 (406) 755-5535 Attorneys for Personal Representative MONTANA TWENTIETH JUDICIAL DISTRICT COURT, LAKE COUNTY IN THE MATTER OF THE ESTATE OF ANNE MARIE MCCANN, Deceased Cause No. DP-19-47 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named Decedent. All persons having claims against the said Deceased are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must either be mailed to PAUL J. MCCANN, JR., the Personal Representative, return receipt requested, c/o Johnson, Berg & Saxby, PLLP, PO Box 3038, Kalispell, Montana 59903-3038, or filed with the Clerk of the above-entitled Court. DATED this 12th day of August, 2019. /s/ Paul J. McCann, Jr. PAUL J. MCCANN, JR. Personal Representative August 16, 23, 30, 2019 MNAXLP _________________________

No. 26395 PUBLIC OPPORTUNITY TO PROTEST ONE ORIGINAL NEW MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE Hillside Pub and Grub, LLC (Members: Ronda Kay Mosher, Joseph C. Curtis) has applied for One Original New Montana All-Alcoholic Beverages with Catering Endorsement License No. 07-999-2398-002 to be operated at Hillside Pub & Grub, 7950 Montana Highway 35, Bigfork, Flathead County. The public may protest this new license 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 (07-999-2398-002) and the applicant's name (Hillside Pub and Grub, LLC); (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 September 2, 2019. What happens if the transfer is p rotested? 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 Alcoholic Beverage Control Division, at (406) 444-0017 or pkautz@mt.gov. August 2, 9, 16, 23, 2019 MNAXLP __________________________

No. 26441 Kila School District # 20 DISPOSAL OF PROPERTY RESOLUTION WHEREAS, pursuant to Section 20-6-604, Montana Code Annotated, the Board of Trustees of Kila School District, has found that the playground equipment listed below is obsolete, undesirable, or unsuitable for school purposes: Books, furniture, equipment, miscellaneous items NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees of Kila School District, shall place the following real property on the open market, advertise the real property as being for sale and sell the same if a qualified buyer makes an acceptable offer to the District: Sale of property will be conducted on August 30, 2019 from 9:00 am to 3:00pm. BE IT FURTHER RESOLVED, in accordance with District practice and as required by Sections 20-6-604 and 20-20-204, Montana Code Annotated, this Resolution shall be posted in three different places in the district and published in The Daily Interlake, the newspaper of general circulation in the District. BE IT FURTHER RESOLVED, the resolution shall become effective fourteen (14) days after such publication and posting if, in accordance with Section 20-6-604, Montana Code Annotated, no taxpayer appeals this Resolution prior to August 27, 2019, by filing a verified petition with the Clerk of the District Court setting out in detail the objections to the adoption of the Resolution or the disposal of the property and serving a copy of such petition upon the School District. DATED this 13th day of August, 2019 BOARD OF TRUSTEES Kila School District By Conrad Rauscher, Chairperson of the Board ATTEST Sharon Leach, Clerk of the Board August 16, 2019 MNAXLP _________________________