Legals December 10, 2019
No. 26673 NOTICE OF TRUSTEE'S SALE OF REAL PROPERTY Notice of the sale of real property which is secured by a Deed of Trust is hereby given pursuant to the provisions of the "Small Tract Financing Act of Montana" (Section 71-1-301, et. seq., Montana Code Annotated). THE NAMES OF THE GRANTOR(S), TRUSTEE, LENDER, THE BENEFICIARY IN THE DEED OF TRUST, ANY OF THE SUCCESSOR(S) IN INTEREST TO THE BENEFICIARY, AND ANY SUCCESSOR TRUSTEE(S) ARE: Grantor(s): Abagael C. Moses Trustee: Fidelity National Title Company of Flathead Valley, LLC Lender: Dubuque Bank and Trust Company Beneficiary: Mortgage Electronic Registration Systems, Inc. Successor In Interest to the Beneficiary: Montana Board of Housing Successor Trustee: Burt W. Ward, Esq. THE DESCRIPTION OF THE PROPERTY COVERED BY THE DEED OF TRUST IS: The real property and its appurtenances in Flathead County, Montana, more particularly described as follows: Lot 210 of South Meadows, according to the map or plat thereof on file and of record in the office of the Clerk & Recorder of Flathead County, Montana. 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. Deed of Trust dated November 2, 2016, and recorded November 2, 2016, as Instrument No. 201600024441. Assignment of Deed of Trust dated October 3, 2019, and recorded October 9, 2019, as Instrument No. 201900025674, wherein Mortgage Electronic Registration Systems, Inc., assigned its beneficial interest in the Deed of Trust to the Montana Board of Housing. Appointment of Successor Trustee dated October 25, 2019, wherein Burt W. Ward, Esq. was appointed Successor Trustee. THE DEFAULT FOR WHICH THE FORECLOSURE IS MADE IS: The nonpayment of the amounts due pursuant to the Note and the Deed of Trust both dated November 2, 2016, referred to above, including but not limited to the nonpayment of principal, interest, taxes, and reserves therefor. THE SUM OWING ON THE OBLIGATION SECURED BY THE DEED OF TRUST IS: Principal: $106,661.35 (the entire remaining balance of the Note being declared immediately due and payable.) Interest: At the rate of 3.125% per annum from March 1, 2019. Others: All unpaid balances, including taxes and 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 SUCCESSOR IN INTEREST TO THE BENEFICIARY HEREBY ELECTS TO SELL THE PROPERTY TO SATISFY THE AFORESAID OBLIGATIONS. THE DATE, TIME, PLACE AND TERMS OF SALE ARE: Date: March 11, 2020. Time: 10:00 a.m., Mountain Standard Time or Mountain Daylight Time, whichever is in effect. Place: Inside the East Entrance of the Flathead County Justice Center located at 920 South Main Street, Kalispell, MT. Terms: This sale is a public sale and any person, including the beneficiary, excepting only the 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. If the sale is set aside for any reason, the purchaser at the sale shall be entitled only to a return of the deposit paid. The purchaser shall have no further recourse against the present beneficiary, the trustee or successor trustee, or against the beneficiary's attorney, or the trustee's attorney. 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 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. Dated: October 25, 2019. MONTANA BOARD OF HOUSING BY: /s/ Vicki Bauer ITS: Homeownership Program Manager STATE OF MONTANA County of Lewis & Clark This instrument was acknowledged before me on October 25, 2019, by Vicki Bauer as Homeownership Program Manager for MONTANA BOARD OF HOUSING. /s/ Kristi K. Reed Printed Name: Kristi K. Reed Notary Public for the State of Montana Residing at Clancy, Montana My Commission Expires: March 07, 2023 December 10, 17, 24, 2019 MNAXLP __________________________
No. 26675 Jay T. Johnson MOORE, COCKRELL, GOICOECHEA & JOHNSON, P.C. PO Box 7370 Kalispell, MT 59904-0370 Telephone:(406) 751-6000 Facsimile:(406) 756-6522 Attorneys for the Personal Representative, CARLA DAVIS jjohnson@mcgalaw.com MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF MARVIN SCHULTZ, Deceased. Cause No. DP-19-323C NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. 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 claim will be forever barred. Claims must either be mailed to CARLA DAVIS, the Personal Representative, return receipt requested, c/o Jay T. Johnson, P. O. Box 7370, Kalispell, Montana, 59904, or filed with the Clerk of the above Court at 920 South Main, Kalispell, Montana, 59901. DATED this 5th day of December, 2019 MOORE, COCKRELL, GOICOECHEA & JOHNSON, P.C. /s/ Jay T. Johnson P. O. Box 7370 Kalispell, MT 59901 Attorneys for CARLA DAVIS, Personal Representative December 10, 17, 24, 2019 MNAXLP _________________________