Legals February 15, 2019
No. 25963 CALL FOR BIDS Notice is hereby given that the Board of County Commissioners of Flathead County, Montana, will receive bids on the following: GASOLINE AND DIESEL Bidder will furnish in writing an affidavit that the bidder will be able to furnish all the materials (gasoline and diesel) that Flathead County will use in the next year, March 1, 2019 through January 31, 2020 or until the next time the Commissioners call for bids. DIESEL - Estimated Usage - 325,000 gallons REGULAR NO LEAD - Estimated Usage - 100,000 gallons Bidder must be able to deliver materials to the following delivery points on a keep-full basis. Bid prices for all materials must be listed on the bid form for each delivery point listed below. Delivery/Shipping will be F.O.B. to the following destinations: Delivery Points: Martin City Regular No Lead Gasoline and Red Dyed Low Sulfur Diesel Columbia Falls Regular No Lead Gasoline and Red Dyed Low Sulfur Diesel Busch Pit Regular No Lead Gasoline and Red Dyed Low Sulfur Diesel Bigfork - Fox Pit Red Dyed Low Sulfur Diesel Sheepherder Pit Red Dyed Low Sulfur Diesel Olney - Mielke Red Dyed Low Sulfur Diesel County Shop, Road Regular No Lead Gasoline and Red Dyed Ultra Low Sulfur Diesel Mixing Plant Red Dyed Low Sulfur Diesel Fuel Solid Waste, Dump Regular No Lead Gasoline and Red Dyed Ultra Low Sulfur Diesel Diesel fuel to be blended a minimum of 30% in winter months, approximately from November 1 through March 31, at the discretion of the Flathead County Road Department, depending upon winter weather. Bidder to furnish Net State Prices. At the time a price fluctuation occurs the term contract holding vendor shall be required to supply a written, dated notice, detailing the effect the price fluctuation will have on his "Base Price". For fuel provided under the term of the contract, prices and meter readings or "stick" measurements must be on all invoices. Invoices must be signed at the delivery point or signed at the County Shop Office after each delivery. Bidder to state the brand of gasoline and/or diesel fuel being used on the bid form. Bidder to include the following taxes with their price breakdown per gallon per delivery point on the attached form: Gasoline Include state tax NO federal tax Diesel Include NO state tax NO federal tax Award of bid will be made only to a single vendor who can supply both gasoline and diesel fuel. If delivery points are not kept full, Flathead County reserves the right to order fuel from another supplier to maintain operations. All fuels provided and delivered under the terms of this contract shall meet or exceed Federal Fuel Commodity Specifications as referenced below: Fuel Quality Requirements: Gasoline - All gasoline provided shall meet or exceed Federal Specifications, VV-G-1690B. Diesel Fuel - All diesel fuels provided shall meet or exceed Federal Specifications, VV-F-800B with reference to grades DF-#1 and DF-#2. NOTE - If quality of fuels is questioned, the County reserves the right to have fuels tested and, if found unsatisfactory, to refuse delivery. Each bidder must deposit with his bid, a bid security in the amount of two thousand dollars ($2,000.00) to secure the bidder's express covenant that, if the bidder is awarded the contract, the bidder will, within ten (10) days, enter into a formal contract for the supply, purchase, and sale of said gasoline and diesel fuels. Bid security shall be payable to Flathead County 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 Montana bank, or a bid bond executed by a surety corporation authorized to do business in Montana. The form of contract and the bid form to be signed are on file and may be obtained at the County Commissioners' Office, located on the third floor of the old courthouse in Kalispell, Montana. All sealed bids, plainly marked "GASOLINE AND DIESEL BID", must be in the hands of the Clerk to the Board of Commissioners, 800 South Main, Room 302, Kalispell, Montana, 59901, on or before Tuesday, February 19th, 2019 at 8:45 o'clock a.m. Bids will be opened and read at 9:00 a.m. as Item B in the Commissioners' Chambers, located on the Third Floor of the Courthouse in Kalispell, Montana. The Board of County Commissioners reserves the right to reject any and all bids and to accept the bid deemed to be in the best interests of Flathead County. The award of a bid will be made solely by the issuance of a letter of award to the successful bidder by the Office of the Board of Flathead County Commissioners. Dated this 7th day of February, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairman February 8, 15, 2019 MNAXLP __________________________
No. 25964 CALL FOR BIDS Notice is hereby given that the Board of County Commissioners of Flathead County, Montana, will receive bids on the following: Propane Fuel Bidder will furnish in writing an affidavit that the bidder will be able to furnish all the materials (propane) that Flathead County will use in the next year, which is from February 1, 2019 through January 31, 2020. PROPANE - Estimated Usage - 200,000 Gallons Vendor to provide the 11,000-gallon minimum porta-pac/tank, a 2-pump system with combined 125 PSI with each pump capable of handling the 125 PSI individually should one fail, as well as motors, all piping and pressure regulating valves and gauges and related equipment to the liquid propane manifold which will meet the burner specifications on both volume and pressure down to a temperature of 32 degrees Fahrenheit. If rental agreements are applicable, pertinent information may be listed at the appropriate space provided. This should include the delivery and removal of the tank and equipment upon job completion and or the termination of said contract, including any man-hours required for set up or removal. Bidder will provide the equipment necessary for the hookup between the porta-pac and the liquid propane manifold. Bidder will have a back-up propane pump ready for use. Flathead County agrees to purchase any items needed for the hookup that are specific to our particular plant. Once the porta-pac has been moved to the site, Flathead County will bear the costs of any further relocating. Bidder must be able to deliver materials to the Old Steel Bridge Pit, 1333 Holt Stage Road, Kalispell, MT, 59901, or to another pre-determined location within Flathead County, on a keep-full basis. Alternate delivery locations will be given to the vendor one-week prior to the effective date of change. Delivery/Shipping will be F.O.B. to the specified plant location. Bidder to furnish propane at Net State Prices (laid in price, rack price). At the time that a fluctuation occurs in Net State Prices (laid in price, rack price), the term contract holding vendor shall be required to supply a written, dated notice detailing the effect the price fluctuation will have on Net State Prices (laid in price, rack price) and the total cost per gallon delivered. For fuel provided under the term contract, Net State Prices (laid in price, rack price), delivery prices, totals per gallon, invoice total and meter reading measurements before and after delivery must be on all invoices. Invoices must be signed at the delivery point or signed at the County Shop Office with each delivery. Bidder to state brand of propane fuel on the bid form. Bidder is to bid only the delivery cost per gallon over the Net State Prices (laid in price, rack price) on the attached bid form. Award of bid will be made only to a single vendor who can supply propane fuel, porta-pac unit, and related items needed to hook up to the liquid propane manifold. If delivery points are not kept full, Flathead County reserves the right to order fuel from another supplier to maintain operations. All fuels provided and delivered shall meet or exceed Federal Fuel Commodity Specifications. NOTE - If quality of fuel is questioned, the County reserves the right to have fuel tested and, if found unsatisfactory, to refuse delivery. Each bidder must deposit with the bid a security in the amount of two thousand dollars ($2,000.00) to secure the bidder's express covenant that, if the bidder is awarded the contract, the bidder will, within ten (10) days, enter into a formal contract for the supply, purchase, and sale of said propane fuels. Bid security shall be payable to Flathead County 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 Montana bank, or a bid bond executed by a surety corporation authorized to do business in Montana. The form of contract and the bid form to be signed are on file and may be obtained at the Office of the County Commissioners, located on the third floor of the old courthouse in Kalispell, Montana. All sealed bids, plainly marked as "PROPANE BID", must be in the hands of the Clerk to the Board of County Commissioners, 800 S Main, Room 302, Kalispell, MT, 59901, on or before February 19th, 2019 at 8:45 o'clock a.m. Bids will be opened and read in the Commissioners' Chambers at 9:00 a.m. The Board of County Commissioners reserves the right to reject any and all bids and to accept the bid deemed to be in the best interests of Flathead County. The award of a bid will be made solely by the issuance of a letter of award to the successful bidder by the Office of the Board of Flathead County Commissioners. Dated this 7th day of February, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairman February 8, 15, 2019 MNAXLP __________________________
No. 25986 IN THE JUSTICE COURT OF FLATHEAD COUNTY, STATE OF MONTANA MOUNTAIN MOBILE ESTATES, Plaintiff, vs. BRANDY HAROTH, BARBIE BERNER, AND ALL OTHERS, 111 S. Cedar #6 Kalispell, MT 59901 Defendants. CAUSE NO. CV-18-1455-LT NOTICE OF SHERIFF'S SALE TO BE SOLD, at Sheriff's Sale on the 22nd day of February, 2019 at 10:00 AM, at 111 South Cedar Drive #6 in the County of Flathead, pursuant to the Judgment and subsequent Writ of Execution entered in this proceeding, that certain personal property more particularly described as follows: 1975 Skyline Mobile Home, 14x66, VIN #015903691 Title #W241151 MOUNTAIN MOBLIE ESTATES has been approved to credit bid on the above item. Any other bids must be paid in United States currency or by a cashier's check. Dated this 12th day of February, 2019 Brian Heino Sheriff of Flathead County, Montana By: Jeff Weyh Jeff Weyh, Civil Clerk February 15, 2019 MNAXLP __________________________
No. 25991 NOTICE OF CONTRACTOR'S SETTLEMENT FLATHEAD COUNTY STATE OF MONTANA NOTICE IS HEREBY GIVEN THAT on the 18th day of March, 2019, final settlement will be made by the Flathead Municipal Airport Authority, for and on account of the contract of said Knife River Corporation for the furnishing and installation of A.I.P. No. 3-30-0046-053-2018, Phase A, Rehabilitate General Aviation Apron. All projects were performed at Glacier Park International Airport, and any person co-partnership, association or corporation who has unpaid claim against said Knife River Corporation for or on account of the furnishing of labor, materials, supply of laborers, rental machinery, tools, or equipment, team hire, sustenance, provision, provender or other supplies used or consumed by such Contractor or any of the subcontractors in or about the performance of said work, may at any time up to and including said time of such final settlement on March 18, 2019, file a verified statement of the amount due and unpaid on account of such claim with the Flathead Municipal Airport Authority. Failure on the part of a claimant to file such statement prior to such final settlement will relieve said Flathead Municipal Airport Authority from all and any liability for such claimant's claim. Flathead Municipal Airport Authority County of Flathead State of Montana February 15, 22, 2019 MNAXLP __________________________
No. 25992 NOTICE OF CONTRACTOR'S SETTLEMENT FLATHEAD COUNTY STATE OF MONTANA NOTICE IS HEREBY GIVEN THAT on the 18th day of March, 2019, final settlement will be made by the Flathead Municipal Airport Authority, for and on account of the contract of said Maxwell Asphalt Inc. for the furnishing and installation of the following projects: A.I.P No. 3-30-0046-053-2018, Schedule I, Seal Coat 2/20 and Update Markings A.I.P. No. 3-30-0046-052-2017, Schedule II, Seal Coat General Aviation Apron Non-Federal Schedule III, IV, Seal Coat General Aviation Apron All projects were performed at Glacier Park International Airport, and any person co-partnership, association or corporation who has unpaid claim against said Maxwell Asphalt Inc. for or on account of the furnishing of labor, materials, supply of laborers, rental machinery, tools, or equipment, team hire, sustenance, provision, provender or other supplies used or consumed by such Contractor or any of the subcontractors in or about the performance of said work, may at any time up to and including said time of such final settlement on March 18, 2019, file a verified statement of the amount due and unpaid on account of such claim with the Flathead Municipal Airport Authority. Failure on the part of a claimant to file such statement prior to such final settlement will relieve said Flathead Municipal Airport Authority from all and any liability for such claimant's claim. Flathead Municipal Airport Authority County of Flathead State of Montana February 15, 22, 2019 MNAXLP __________________________
No. 25938 PUBLIC OPPORTUNITY TO PROTEST ONE ORIGINAL NEW MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE Abar Montana, LP (Limited Partners: Greg Edwards, Landon Holdings, LLC) has applied for One Original New Montana All-Alcoholic Beverages with Catering Endorsement License No. 15-999-3702-002 to be operated at Abar Montana, 11032 Montana Highway 83, Bigfork, Lake 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 (Lake), residents of adjoining Montana counties (Flathead, Lincoln, Glacier, Pondera, Teton, Lewis & Clark, Powell, 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 (15-999-3702-002) and the applicant's name (Abar Montana, LP); (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 March 4, 2019. What happens if the transfer is protested? 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 Liquor Control Division, at (406) 444-0017 or pkautz@mt.gov. February 1, 8, 15, 22, 2019 MNAXLP __________________________
No. 25984 NOTICE OF TRUSTEE'S SALE On June 19, 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: Lot 3 of DEER ISLAND CO., according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Together with a 1/13 Interest in and to Lot 16 of DEER ISLAND CO., 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 Accurately Described As Follows: Lot 3 of DEER ISLAND CO., according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Together with a 1/13 interest in and to Lot 16 of DEER ISLAND CO., according to the map or plat thereof to be used as an access to the above described Lot and to be used exclusively and maintained jointly by the owners of the other lots of the Island. Parcel ID No.: 0535670 which has the address of 704 Echo Lake Road, Bigfork, MT 59911. 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 7, 2004 and executed by Jerry L. Bishop, as grantor ("Grantor"), to First Montana Title Company of Helena, as trustee, in favor of Macquarie Mortgages USA, Inc., as beneficiary, and recorded on December 13, 2004 as Instrument No. 2004348 16000, 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 February 5, 2019 as Instrument No. 201900002253, official records of Flathead County, Montana. Beneficiary has declared the grantor in default of the terms of the Deed of Trust and the promissory note ("Note") secured by the Deed of Trust because of Grantor's 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 September 15, 2018 installment payment. As of January 18, 2019, the amount necessary to satisfy this obligation was $62,807.97. This amount includes the outstanding principal balance of $61,211.10, 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 grantor, the 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. 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: 02/11/2019 /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. February 15, 22, March 1, 2019 MNAXLP __________________________
No. 25985 NOTICE OF TRUSTEE'S SALE On July 1, 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: Lot 317 of HAPPY VALLEY HOMESITES, according to the map or plat thereof on file and of record in the office of the clerk and recorder of Flathead County, Montana. Parcel ID No.: 44 0739400 which has the address of 319 Deer Trail, 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 January 13, 2003 and executed by Tim Kilpatrick, as grantor ("Grantor"), to Citizen's Title & Escrow Co., as trustee, in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Mann Financial Inc., dba Mann Mortgage, its successors and assigns, as beneficiary, and recorded on January 17, 2003 as Instrument No. 200301709040, official records of Flathead County, Montana. The Deed of Trust was assigned for value to Wells Fargo Bank, N.A. ("Beneficiary"), the current beneficiary, by written instrument filed for record on December 3, 2018, as Instrument No. 201800029080, 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 February 8, 2019 as Instrument No. 201900002437, official records of Flathead County, Montana. Beneficiary has declared the grantor in default of the terms of the Deed of Trust and the promissory note ("Note") secured by the Deed of Trust because of Grantor's 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 October 1, 2018 installment payment. As of February 5, 2019, the amount necessary to satisfy this obligation was $54,903.97. This amount includes the outstanding principal balance of $53,139.92, 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 grantor, the 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. 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: 2/11/2019 /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. February 15, 22, March 1, 2019 MNAXLP __________________________