Legals November 20, 2019
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. 26639 NOTICE OF SALE FOR STATE SCHOOL TRUST LAND The Dept. of Natural Resources and Conservation (DNRC) will offer the following parcels of state land located in Flathead County for sale at public auction on Friday, January 17, 2020 at 10:00 AM at DNRC's Northwestern Land Office at 655 Timberwolf Parkway, Suite 1 in Kalispell, Montana under terms and conditions provided herein. Sale No. 949 Acres: 1.376± Legal Description: Lot 3, Rogers Lake, Sec. 30, T27N-R23W Minimum Bid for Land: $342,000 Value of Improvements on Property: $0 Location: Lot 3, Rogers Lake, Rogers Lane, Kila, MT 59920 Sale No. 950 Acres: 1.654± Legal Description: Lot 5, Rogers Lake, Sec. 30, T27N-R23W Minimum Bid for Land & Improvements: $371,000 Location: 1413 Rogers Lane, Kila, MT 59920 Sale No. 801 Acres: 1.866± Legal Description: Lot 31, Echo Lake, Sec. 5, T27N-R19W Minimum Bid for Land & Improvements: $500,000 Location: 1712 LaBrandt Road, Bigfork, MT 59911 Sale No. 981 Acres: 0.327 ± Legal Description: Lot 3, Echo Lake, Sec. 5, T27N-R19W Minimum Bid for Land & Improvements: $405,000 Location: 1874 Echo Cabin Loop, Bigfork, MT 59911 Sale No. 982 Acres: 1.124± Legal Description: Lot 17, Echo Lake, Sec. 5, T27N-R19W Minimum Bid for Land: $331,000 Value of Improvements on Property: $0 Location: Lot 17, Echo Lake, Echo Cabin Loop, Bigfork, MT 59911 BID PARTICIPATION A bid packet containing an Offer to Purchase and Bid Deposit Receipt Form and Invitation to Purchase State Land at Public Oral Auction and General Terms & Conditions for Sale is available on DNRC's website, http://dnrc.mt.gov/cabinsitesales or from DNRC upon request. For Open House dates, go to http://dnrc.mt.gov/cabinsitesales. All persons wishing to participate in the auction must submit a bid deposit postmarked by 5:00 PM on Saturday, December 28, 2020. The bid deposit must be in the form of a certified check made payable to DNRC equal to five percent (5%) of the minimum bid indicated for that parcel and submitted with a completed Offer to Purchase and Bid Deposit Receipt Form. Failure to submit the bid deposit or Offer to Purchase and Bid Deposit Receipt Form as provided herein will prohibit participation in the auction. All Offer to Purchase and Bid Deposit Receipt Forms and payments must be sent to: DNRC, Attn: Cabin/Home Site Sales, PO Box 201601, 1539 Eleventh Avenue, Helena, MT 59620-1601, (406) 444-4289 or renee.kelley@mt.gov. TERMS OF SALE for SALE No. 801, 949, 950, 981, 982: 1. The improvements and any other personal property on the cabin/home sites are owned by the lessee or other 3rd party. The successful bidder shall be required to pay the appraised value of the improvements in addition to the purchase price of the cabin/home site determined by the highest bid at the auction in accordance with MCA §77-2-318. 2. The minimum acceptable bids for the land are the values indicated above. 3. The parcel will be sold to the high bidder of that parcel. However, the current lessee of the parcel shall retain the option to exercise their preference right for purchase by matching the high bid for that parcel. If that right is exercised, the lessee will be deemed the purchaser of the parcel. If the preference right is not exercised, the high bidder shall be deemed to be the purchaser. The high bidder will be responsible to pay the lessee for the value of improvements located on the property. 4. In addition to the purchase price for each parcel and the purchase of the improvement, the purchaser shall also be responsible for the following costs (if applicable to that particular sale) including, but not limited to: Advertising, Appraisal, Filing Fees, Water Right Transfers, Cost of Closing. All inquiries, bid deposits, or requests for forms must be sent to: DNRC, Attn: Cabin/Home Site Sales, PO Box 201601, 1539 Eleventh Avenue, Helena, MT 59620-1601, (406) 444-4289 or renee.kelley@mt.gov. November 20, 27, December 4, 11, 18, 23, 2019 MNAXLP __________________________
No. 26642 MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY THE BANK OF NEW YORK MELLON as Trustee for the benefit of the Certificateholders of the CWABS, Inc., Asset-Based Certificates Series 2004-1, Plaintiff, -vs- RUSSELL S. SWINDALL; JEAN M. K. SWINDALL; JOHN D. PETERSON; JEFFREY D. DWAYNE MORTENSON; STOCK BUILDING SUPPLY WEST, INC.; DISCOVER BANK; JUSTIN C. OLIVER; FIRST SECURITY BANK OF MISSOULA; COLLECTION BUREAU SERVICES, INC.; MIDALND FUNDING, LLC; and NICHOLAS A. SULLY, Defendants. Cause No. DV-18-132A NOTICE OF SHERIFF'S SALE TO BE SOLD, at a Sheriff's Sale on the 11th day of December, 2019, at 10:00 AM, at the location of the Flathead County Justice Center, 920 South Main Street in Kalispell, MT, real property located in Flathead County, Montana, and described as: A tract of land situated, lying and being in Government Lot 6 and 7, Section 6, Township 28 North, Range 19 West, P.M.M., Flathead County, Montana, more particularly described as follow to wit: Commencing at the Southwest corner of Section 6, Township 28 North, Range 19 West, P.M.M., Flathead County, Montana, which is a found brass cap; thence along the West boundary of said Section 6 North 00°21'00" West 822.27 feet to a set iron pin and the True Point of Beginning of the tract of land herein described; thence continuing North 00°21'00" West 463.66 feet to a found iron pin and the Southeast corner of the Northeast quarter of the Southeast Quarter of Section1, Township 28 North, Range 20 West, P.M.M., Flathead County, Montana, which is a found iron pin; thence continuing North 00°09'58" West 185.65 feet to a found iron pin; thence South 55°27'55" East 34.60 feet to a found iron pin; thence North 50°10'41" East 112.85 feet to a found iron pin; thence North 54°36'47" East 127.58 feet to a found iron pin; thence North 89°56'14" East 365.47 feet to a found iron pin; thence South 00°03'28" East 775.66 feet to a set iron pin; thence South 89°57'14" West 582.07 feet to the Point of Beginning. Mortgage purpose only. Commonly known as 310 Bench Drive, Kalispell, MT 59901 Pursuant to the Judgment, Decree of Foreclosure, and Order of Sale entered in this proceeding, together with the corresponding Writ of Execution issued with respect to the above-referenced cause number. The Encumbered Real Property sold at the Sheriff's Sale is to be sold in one single sale for one bid price. The Encumbered Real Property is sold with all appurtenances, hereditaments, tenements, including all water rights, gas, oil other hydrocarbons, and geothermal rights thereunto belonging or used in connection therewith. Dated this15th day of November, 2019. BRIAN HEINO, FLATHEAD COUNTY SHERIFF By: Jeffrey Weyh Civil Division November 20, 27, December 4, 2019 MNAXLP __________________________
No. 26630 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on March 9, 2020, at 11:00 AM at the East door of the Flathead County Justice Center located at 920 South Main Street, Kalispell MT 59901, the following described real property situated in Flathead County, Montana: Lot 13A of the Amended Plat of Lots 13 and 14 of Columbia Range, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana David Eugene Salmon and Tricia Rose Salmon, as Grantor(s), conveyed said real property to Alliance Title and Escrow Corporation, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as nominee for Mann Mortgage, LLC, as Beneficiary, by Deed of Trust dated on July 29, 2016, and recorded on July 29, 2016, as Document No. 201600015163 and re-recorded on August 11, 2016 as Document No. 201600016980. The beneficial interest is currently held by Caliber Home Loans, Inc. First American Title Company of Montana, Inc., is currently the Trustee. The beneficiary has declared a default in the terms of said Deed of Trust by failing to make the monthly payments beginning June 1, 2019, 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. The total amount due on this obligation as of October 18, 2019 is $308,594.61 principal, interest totaling $6,790.31, escrow advances of $3,481.86, and other fees and expenses advanced of $290.01, plus accruing interest, late charges, and other costs and fees that may be 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 Grantors. 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, at any time prior to the trustee's sale, may 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 thereby cure the default. 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, the sale may be postponed by the trustee for up to 120 days by public proclamation at least every 30 days. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated: October 18, 2019 Rae Albert Assistant Secretary, First American Title Company of Montana, Inc. Successor Trustee Title Financial Specialty Services PO Box 339 Blackfoot ID 83221 STATE OF Idaho ss. COUNTY OF Bingham On this 18 day of October, 2019, before me, a notary public in and for said County and State, personally appeared Rae Albert, known to me to be the Assistant Secretary of First American Title Company of Montana, Inc., Successor Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. Amy Gough Notary Public Bingham County, Idaho Commission Expires: 06/09/2021 Caliber Home Loans, Inc. vs David E Salmon; Tricia R Salmon 104397-5 November 13, 20, 27, 2019 MNAXLP __________________________
No. 26631 NOTICE OF TRUSTEE'S SALE TO BE SOLD FOR CASH AT TRUSTEE'S SALE on March 9, 2020, at 11:00 AM at the East door of the Flathead County Justice Center located at 920 South Main Street, Kalispell MT 59901, the following described real property situated in Flathead County, Montana: Tract 4 of Retracement Certificate of Survey No. 19017, a tract of land located in the East half of the Southeast quarter of Section 28, Township 27 North, Range 24 West, P.M.M., Flathead County, Montana Alexis P Hoffman, as Grantor(s), conveyed said real property to Insured Titles, LLC, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as nominee for Caliber Home Loans, Inc., as Beneficiary, by Deed of Trust dated on May 29, 2018, and recorded on May 29, 2018, as Document No. 201800010490. The beneficial interest is currently held by Caliber Home Loans, Inc . First American Title Company of Montana, Inc., is currently the Trustee. The beneficiary has declared a default in the terms of said Deed of Trust by failing to make the monthly payments beginning June 1, 2019, 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. The total amount due on this obligation as of October 30, 2019 is $286,799.21 principal, interest totaling $6,580.74, late charges in the amount of $374.00, escrow advances of $1,289.66, suspense balance of -$163.83, and other fees and expenses advanced of $15.00, plus accruing interest, late charges, and other costs and fees that may be 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 Grantors. 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, at any time prior to the trustee's sale, may 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 thereby cure the default. 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, the sale may be postponed by the trustee for up to 120 days by public proclamation at least every 30 days. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated: October 18, 2019 Rae Albert Assistant Secretary, First American Title Company of Montana, Inc. Successor Trustee Title Financial Specialty Services PO Box 339 Blackfoot ID 83221 STATE OF Idaho ss. COUNTY OF Bingham On this 18th day of October, 2019, before me, a notary public in and for said County and State, personally appeared Rae Albert, known to me to be the Assistant Secretary of First American Title Company of Montana, Inc., Successor Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. Amy Gough Notary Public Bingham County, Idaho Commission Expires: 06/09/2021 Caliber Home Loans, Inc vs Alexis P Hoffman 107870-1 November 13, 20, 27, 2019 MNAXLP __________________________