Legals November 6, 2019
No. 26589 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 7-33-2125(1)(b), M.C.A., that it will hold a public hearing to consider a petition from Stoner Creek Cabins, LLC to annex territory from the Flathead County Fire Service Area into the Somers Rural Fire District. The property proposing to be annexed can legally be described as: Parcel C of Certificate of Survey No. 14793, located and being in the Southwest Quarter of the Northeast Quarter of Section 13, Township 26 North, Range 21 West, P.M.M., Flathead County, Montana. And Parcel B of Certificate of Survey No. 14793, located and being in the Southwest Quarter of the Northeast Quarter of Section 13, Township 26 North, Range 21 West, P.M.M., Flathead County, Montana. The Board of Commissioners has received a petition in writing by the owners of 100% of the land of the area to be annexed into the Somers Rural Fire District, thereby altering the boundaries of the Flathead County Fire Service Area by transferring the property as described above into the Somers Rural Fire District. The public hearing will be held on the 12th day of November, 2019 at 9:45 o'clock a.m. in the Commissioners' Chambers, Third Floor, Courthouse, 800 South Main Street, Kalispell, MT. At the public hearing, the Board of County Commissioners will give the public an opportunity to be heard regarding the proposed annexation. Written comments are encouraged and will be reviewed by the Board of Commissioners if received in the Flathead County Commissioners' Office at least three business days prior to the hearing. Dated this 21st day of October, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairman October 30, November 6, 2019 MNAXLP ________________________
No. 26617 NOTICE OF TRUSTEE'S SALE OF REAL PROPERTY NOTICE IS HEREBY GIVEN by LINDY M. LAUDER, as successor Trustee, of the public sale of the real property hereinafter described pursuant to the "Small Tract Financing Act of Montana" (Section 71-1-301, et seq., MCA). The following information is provided: THE NAME OF THE GRANTOR, ORIGINAL TRUSTEE, THE BENEFICIARY IN THE DEED OF TRUST, ANY SUCCESSOR IN INTEREST TO THE BENEFICIARY OR GRANTOR, ANY SUCCESSOR TRUSTEE, AND THE PRESENT RECORD OWNER IS/ARE: Grantors: Paul J. Noworyta and Merrilee D. Kimmons, husband and wife Original Trustee: Insured Title Successor Trustee: Lindy M. Lauder, an attorney licensed to practice law in the State of Montana (the "Trustee") Original Beneficiary: "MERS" Mortgage Electronic Registration Systems as nominee for Wintrust Mortgage, a division of Barrington Bank and Trust Co., N.A., its successors and assigns (the "Beneficiary") Current Beneficiary: Wintrust Mortgage, a Division of Barrington Bank and Trust Co., N.A. Present Record Owner: Paul J. Noworyta and Merrilee D. Kimmons as joint tenants 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 3 of the resubdivision of Lot 38, Wagsmith Villa, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. With an address of 114 Middle Fork Lane, Hungry Horse, Montana 59912. RECORDING DATA: The following instruments and documents have been recorded in the Clerk and Recorder's Office in Flathead County, Montana. Deed of Trust dated July 12, 2017, and recorded July 12, 2017, as Instrument No. 2017-000-14379; and Assignment of Deed of Trust dated June 13, 2019, and recorded August 19, 2019, as Instrument No. 201900018970; and Substitution of Trustee dated September 5, 2019, and recorded September 13, 2019, under Document No. 201900022689. THE DEFAULT FOR WHICH THE FORECLOSURE IS MADE IS: Nonpayment of monthly installments of $1,896.56 due under the Promissory Note dated July 12, 2017, which is secured by the Deed of Trust. The borrower is due for the February 1, 2019, payment and for each subsequent monthly payment. THE SUMS OWING ON THE OBLIGATION SECURED BY THE DEED OF TRUST AS OF SEPTEMBER 19, 2019, ARE: Principal: $277,270.95 Interest: Interest continues to accrue at a rate of 3.75% per annum. As of September 19, 2019, the interest balance is $7,480.54 and interest accrues at the rate of $28.88 per day. Late fees: $428.89 The Beneficiary anticipates and intends to disburse such amounts as may be required to preserve and protect the real property, and for real property taxes that may become due or delinquent, unless such amounts or taxes are paid by the Grantor or successor in interest to the Grantor. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligation secured by the Trust Indenture. Other expenses to be charged against the proceeds of the sale include the Trustee's and attorney's fees, and costs and expenses of sale. THE TRUSTEE, AT THE DIRECTION OF THE BENEFICIARY, HEREBY ELECTS TO SELL THE PROPERTY TO SATISFY THE AFORESAID OBLIGATIONS. THE DATE, TIME, PLACE AND TERMS OF SALE ARE: Date: February 19, 2020 Time: 11:00 a.m., Mountain Standard Time or Mountain Daylight Time, whichever is in effect. Place: Crowley Fleck PLLP, 1667 Whitefish Stage Road, Kalispell, Montana 59901 Terms: This sale is a public sale and any person, including the Beneficiary, and excepting only the 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. Dated this 23rd day of September, 2019. /s/ Lindy M. Lauder LINDY M. LAUDER Trustee STATE OF MONTANA :ss. County of Missoula This instrument was acknowledged before me on the 23rd day of September, 2019, by Lindy M. Lauder, as Trustee. /s/ Roxie Hausauer Printed name: Roxie Hausauer Notary Public for the State of Montana Residing at: Lolo, Montana My commission expires: January 06, 2021 File No.: 096708-000004 November 6, 13, 20, 2019 MNAXLP __________________________
No. 26612 PUBLIC NOTICE Notice to Water Users (Pursuant to Section 85-2-307, MCA) The following application has been submitted to appropriate water in the State of Montana. THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PROPOSES TO GRANT AN APPLICATION FOR BENEFICIAL WATER USE PERMIT. DESCRIBED BELOW ARE THE PERTINENT FACTS WHICH SUMMARIZE THE APPLICATION. THE PRELIMINARY DETERMINATION (PD) DOCUMENTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ANY CONDITIONS ATTACHED TO THE WATER RIGHT ARE AVAILABLE ON THE INTERNET AT http://www.dnrc.mt.gov/wrd/. OBJECTION DEADLINE: DECEMBER 20, 2019. THE DEPARTMENT CAN ONLY ACCEPT OBJECTIONS FILED ON AN OBJECTION TO APPLICATION, FORM 611. MAIL THE COMPLETED FORM AND THE $25.00 FILING FEE TO THE DNRC, PO BOX 201601, HELENA, MT 59620-1601 BY THE DEADLINE SPECIFIED. THE FORM IS AVAILABLE ON THE DEPARTMENT'S WEBSITE. DIRECT ANY QUESTIONS PERTAINING TO THE APPLICATION, TO OBTAIN THE PD OR OBJECTION FORM TO THE WATER RESOURCES OFFICE AT 655 TIMBERWOLF PARKWAY, SUITE 4, KALISPELL, MT 59901-2387, PHONE: 406-752-2288, FAX: 406-752-2843. IF ISSUED, THE RIGHT WILL BE SUBJECT TO PRIOR EXISTING WATER RIGHTS. Application Number:76LJ 30122427 Owners: NORMAN C BJELLAND PO BOX 9050 KALISPELL, MT 59904 2050 Priority Date: FEBRUARY 27, 2019 at 03:25 P.M. Purpose (use): IRRIGATION Maximum Flow Rate:421.00 GPM Maximum Volume: 99.80 AC-FT (VOLUME IS PROVIDED UNDER STATEMENT OF CLAIM NO. 76LJ 30115619 AND NO. 76LJ 301416270. PERMIT IS FOR ADDITIONAL FLOW ONLY.) Maximum Acres: 99.80 Source Name: GROUNDWATER Source Type: GROUNDWATER Point of Diversion and Means of Diversion: ID 1; Qtr Sec SWSENW; Sec 33; Twp 29N; Rge 22W; County FLATHEAD Period of Diversion: APRIL 15 TO OCTOBER 15 Diversion Means: PIT Survey Tract: 8AA Reservoir: OFF STREAM Qtr Sec SWSENW; Sec 33; Twp 29N; Rge 22W; County FLATHEAD Depth: 25.00 FEET Surface Area: 0.20 ACRES Current Capacity: 2.50 ACRE-FEET Purpose (Use): IRRIGATION Irrigation Type: SPRINKLER Volume: 99.80 AC-FT Period of Use: APRIL 15 to OCTOBER 15 Place of Use: ID 1; Qtr Sec NW; Sec 33; Twp 29N; Rge 22W; County FLATHEAD Remarks: ASSOCIATED RIGHT STATEMENT OF CLAIM NO. 76LJ 30115619 AND 76LJ 30116270 ARE ASSOCIATED WITH AND SUPPLEMENTAL TO PROVISIONAL PERMIT 76LJ 30122427; THEY SHARE THE SAME POINT OF DIVERSION AND PLACE OF USE (99.8 ACRES). THE TWO CLAIMS PROVIDE 729 GPM UP TO 184.3 AF OF DIVERTED VOLUME FROM THE PUMPING PIT. 421 GPM WILL SUPPLEMENT STATEMENT OF CLAIM NO. 76LJ 30115619 AND 76LJ 30116270; IN COMBINATION BETWEEN THE THREE RIGHTS FLOW WILL NOT EXCEED 1,150 GPM. VOLUME WILL NOT EXCEED 184.3 AF, OF WHICH 177 AF CAN BE DIVERTED FROM THE PIT FOR IRRIGATION. November 6, 2019 MNAXLP __________________________
No. 26613 PUBLIC NOTICE Notice to Water Users (Pursuant to Section 85-2-307, MCA) The following application has been submitted to appropriate water in the State of Montana. THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION PROPOSES TO GRANT AN APPLICATION FOR BENEFICIAL WATER USE PERMIT. DESCRIBED BELOW ARE THE PERTINENT FACTS WHICH SUMMARIZE THE APPLICATION. THE PRELIMINARY DETERMINATION (PD) DOCUMENTING THE FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ANY CONDITIONS ATTACHED TO THE WATER RIGHT ARE AVAILABLE ON THE INTERNET AT http://www.dnrc.mt.gov/wrd/. OBJECTION DEADLINE: DECEMBER 20, 2019. THE DEPARTMENT CAN ONLY ACCEPT OBJECTIONS FILED ON AN OBJECTION TO APPLICATION, FORM 611. MAIL THE COMPLETED FORM AND THE $25.00 FILING FEE TO THE DNRC, PO BOX 201601, HELENA, MT 59620-1601 BY THE DEADLINE SPECIFIED. THE FORM IS AVAILABLE ON THE DEPARTMENT'S WEBSITE. DIRECT ANY QUESTIONS PERTAINING TO THE APPLICATION, TO OBTAIN THE PD OR OBJECTION FORM TO THE WATER RESOURCES OFFICE AT 655 TIMBERWOLF PARKWAY, SUITE 4, KALISPELL, MT 59901-2387, PHONE: 406-752-2288, FAX: 406-752-2843. IF ISSUED, THE RIGHT WILL BE SUBJECT TO PRIOR EXISTING WATER RIGHTS. Application Number:76LJ 30121716 Owners: COLUMBIA FALLS, CITY OF 130 6TH ST W #A COLUMBIA FALLS, MT 59912 3609 Priority Date: MARCH 6, 2019 at 01:26 P.M. Purpose (use): FISHERY Maximum Volume:15.40 AC-FT Source Name: GROUNDWATER Source Type: GROUNDWATER Point of Diversion and Means of Diversion: ID 1; Qtr Sec NWSWSW; Sec 9; Twp 30N; Rge 20W; County FLATHEAD Period of Diversion: JANUARY 1 TO DECEMBER 31 Diversion Means: PIT Reservoir: OFF STREAM Qtr Sec NWSWSW; Sec 9; Twp 30N; Rge 20W; County FLATHEAD Depth: 26.00 FEET Surface Area: 1.08 ACRES Current Capacity: 14.04 ACRE-FEET Purpose (Use): FISHERY Volume: 15.40 AC-FT Period of Use: JANUARY 1 to DECEMBER 31 Place of Use: ID 1; Qtr Sec NWSWSW; Sec 9; Twp 30N; Rge 20W; County FLATHEAD November 6, 2019 MNAXLP __________________________
No. 26544 NOTICE OF BOARD POSITION VACANCIES MAKE A DIFFERENCE IN YOUR COMMUNITY Flathead County is seeking individuals who want to make a difference in their community by filling vacancies on various Boards. Letters of interest are being accepted for a limited number of openings on the following Boards: Flathead County Board of Adjustment, Flathead County Planning Board, Columbia Falls City-County Planning Board and Zoning Commission, Whitefish City Planning Board, Ashley Lake Land Use Advisory Committee, Egan Slough Planning and Zoning Commission, Helena Flats Land Use Advisory Committee, LaBrant-Lindsey Land Use Advisory Committee, Little Bitterroot Lake Land Use Advisory Committee, Middle Canyon Land Use Advisory Committee, North Fork Land Use Advisory Committee, Riverdale Land Use Advisory Committee, Rogers Lake Land Use Advisory Committee, and the West Valley Land Use Advisory Committee. All positions are appointed by the Board of County Commissioners. TO APPLY FOR ANY OF THESE POSITIONS: Letters of interest (please specify which board/committee you are applying for) including name, physical address, mailing address, daytime phone number and qualifications should be submitted to: Angela Phillips Flathead County Planning & Zoning Office South Campus Building 40 11th Street West, Ste 220 Kalispell, MT 59901 All letters of interest should be received by 5:00 p.m. on November 15, 2019. For additional information and specific qualifications please call 751-8200 or visit our website: flathead.mt.gov/planning_zoning October 6, 9, 13, 16, 20, 23, 27, 30, November 3, 6, 10, 2019 MNAXLP __________________________
No. 26618 Notice of Intent to Establish a New Banking Branch Foothills Bank, a division of Glacier Banks with its headquarters located at 49 Commons Loop, Kalispell, MT 59901 has submitted an application to establish a new branch at the following location: 3001 E. Skyline Dr., Tucson, AZ 85718. The new branch will function under the name of Foothills Bank, a division of Glacier Bank. Comments concerning this application should not be sent later than November 21, 2019. Comments regarding this application should be forwarded in writing to the Commissioner of Banking and Financial Institutions, Department of Administration, 301 South Park, P.O. Box 200546, Helena, MT 59620-0546. The application may be reviewed, during the comment period, at the above address by calling the commissioner's office at (406)841-2920 and requesting an appointment. Additionally, any comment regarding this application must also be submitted to the Regional Director of the Federal Deposit Insurance Corporation 25 Jessie Street at Ecker Square Suite 2300, San Francisco, CA 94104. The non-confidential portions of the application are on file at the appropriate FDIC office and are available for public inspection during regular business hours. Photocopies of the non-confidential portion of the application will be made available upon request. November 6, 2019 MNAXLP _________________________