Legals for April, 11 2022
No. 28519 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION HIGHWAY 93 NORTH ZONING DISTRICT The Board of Commissioners of Flathead County, Montana, hereby gives notice pursuant to Section 76-2-205(5), M.C.A., that it passed a resolution of intention (Resolution No. 837EY) on April 5, 2022, to change the zoning designation in a portion of the Highway 93 North Zoning District from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential). The boundaries of the areas proposed to be amended from SAG-10 (Suburban Agricultural) to R-2.5 (Rural Residential) are described as: That portion of the Southwest one-quarter of the Southeast one-quarter (SW1/4SE1/4) of Section 18, and the Northwest one-quarter of the Northeast one-quarter (NW1/4NE1/4) of Section 19, all in Township 29 N, Range 21 West, P.M.M., Flathead County, Montana. Known as Tract 1 of Certificate of Survey No. 14127 The regulations defining the SAG-10 and R-2.5 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Clerk and Recorder, Courthouse, 800 South Main, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County Planning and Zoning Office's website, at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed zone change are also on file for public inspection at the Office of the Board of Commissioners and the Flathead County Planning and Zoning Office. For thirty (30) days after the first publication of this notice, the Board of Commissioners will receive written protests to the change proposed for a portion of the Highway 93 North Zoning District from persons owning real property within Flathead County whose names appear on the last completed assessment roll of Flathead County and who either are registered voters in Flathead County or execute and acknowledge their protests before a notary public. DATED this 5th day of April 2022. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman April 11, 18, 2022 MNAXLP __________________________
No. 28520 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION RURAL WHITEFISH ZONING DISTRICT The Board of Commissioners of Flathead County, Montana, hereby gives notice pursuant to Section 76-2-205(5), M.C.A., that it passed a resolution of intention (Resolution No. 2417Z) on April 5, 2022 to change the zoning designation in a portion of the Rural Whitefish Zoning District from SAG-10 (Suburban Agricultural) to SAG-5 (Suburban Agricultural). The property is located at 2505 and 2525 East Lakeshore Drive outside of Whitefish and the boundaries of the areas proposed to be amended from SAG-10 (Suburban Agricultural) to SAG-5 (Suburban Agricultural): Parcel A of Certificate of Survey No. 20173, located in the Northwest Quarter of the Northeast Quarter of Section 14, Township 31 North, Range 22 West, P.M.M., Flathead County, Montana. AND Tract 1 of Retracement Certificate of Survey No. 16804, located and being in Government Lot 1 in Section 14, Township 31 North, Range 22 West, P.M.M., Flathead County, Montana. The regulations defining the SAG-10 and SAG-5 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Clerk and Recorder, Courthouse, 800 South Main, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County Planning and Zoning Office's website, at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed zone change are also on file for public inspection at the Office of the Board of Commissioners and the Flathead County Planning and Zoning Office. For thirty (30) days after the first publication of this notice, the Board of Commissioners will receive written protests to the change proposed for a portion of the Rural Whitefish Zoning District from persons owning real property within Flathead County whose names appear on the last completed assessment roll of Flathead County and who either are registered voters in Flathead County or execute and acknowledge their protests before a notary public. DATED this 5th day of April, 2022. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Pamela J. Holmquist Pamela J. Holmquist, Chair April 11, 18, 2022 MNAXLP __________________________
No. 28504 NOTICE OF ELECTION Notice is hereby given that in Flathead County, on May 3, 2022 a regular election will be held in: Bigfork Water & Sewer District and Hungry Horse Fire District to elect trustees for the districts. The election will be conducted by mail ballot only; regular polling places will not be open. Ballots will be mailed April 18, 2022 In order to be counted, ballots must be received at the election office by 8:00 p.m. on Election Day, May 3, 2022 Return your ballot by mailing or dropping it off at: Flathead County Election Department -40 11th St West #230, Kalispell, MT 59901 DATED this 31th day of March, 2022. Debbie Pierson Flathead County Election Administrator April 4, 11, 18, 2022 MNAXLP _________________________
No. 28399 Peg L. Allison Clerk of District Court Flathead County Justice Center 920 South Main Street Kalispell, MT 59901 (406) 758-5906 IN THE DISTRICT COURT OF THE ELEVENTH JUDICIAL DISTRICT OF THE STATE OF MONTANA, IN AND FOR THE COUNTY OF FLATHEAD IN THE MATTERS OF: H.E.F., H.E.F., YOUTHS IN NEED OF CARE. Cause No. DN-22-003(D) Cause No. DN-22-004(D) SUMMONS FOR PUBLICATION To: Jerod Fister, birth father of the above-named children: YOU ARE HEREBY NOTIFIED that a Petition has been filed in the above-entitled Court by the Montana Department of Public Health and Human Services, Child and Family Services Division, 121 Financial Drive, Suite C, Kalispell, MT 59901, requesting adjudication of the children as youths in need of case and temporary legal custody. NOW, THEREFORE, YOU ARE HEREBY DIRECTED to appear on Friday, April 15, 2022 at 9:00AM before the Honorable Dan Wilson, District Judge, Department 4, Flathead County Justice Center, 920 South Main Street, Third Floor, Kalispell, Flathead County, MT, then and there to show cause, if any you may have, why the Petition should not be granted. H.E.F. was born on August 23, 2016 in Kalispell, Montana. H.E.F. was born on August 23, 2016 in Kalispell, Montana. The birth mother is Stephanie Fister. You have the right to representation by an attorney in these proceedings. If you are unable to afford an attorney, the Court will appoint an attorney to represent you. Your failure to appear at the hearing constitutes a denial of your interest in the above-named child, which denial may result, without further notice of this proceeding or any subsequent proceedings, in the Court entering judgment by default against you for all relief requested in the Petition. A copy of the Petition is filed with the Clerk of District Court for the Eleventh Judicial District Court in and for Flathead County, 920 South Main, Third Floor, Kalispell, MT, 59901, telephone (406) 758-5870. WITNESS my hand and Seal of this Court this 4th day of March, 2022. /s/ PEG L. ALLISON Clerk of District Court March 21, 28, April 4, 11, 2022 MNAXLP _________________________
No. 28499 IN THE ASBESTOS CLAIMS COURT OF THE STATE OF MONTANA MONTANA TWENTY-THIRD JUDICIAL DISTRICT COURT In re Asbestos Litigation, Consolidated Cases Cause No. DV-57-2011-083-AE NOTICE OF MOTION TO APPROVE INSURANCE SETTLEMENT AGREEMENT AND ENTERING INJUNCTIONS (Robinson Insulation Receivership) PLEASE TAKE NOTICE THAT on May 17, 2022, at 11:00 a.m. the Asbestos Claims Court of the State of Montana (the "Court") in the representative matter of Hall v. Robinson Insulation, Cause No. DV-57-2011-083-AE, will conduct a hearing at the Flathead County Courthouse, 920 S. Main Street, Kalispell MT, 59901, to determine whether to approve a Settlement Agreement and Release between (i) Kelly O'Brien, as Receiver for Robinson Insulation Company and Grogan Robinson Lumber Company ("Robinson") and Farmers Insurance Exchange ("Farmers") resolving disputes regarding certain historical liability insurance policies (the "Policies") issued or allegedly issued by Farmers to Robinson Insulation Co. ("Robinson") and/or Grogan Robinson Lumber Co. ("Grogan"), or under which Robinson and/or affiliated entities are insured or may claim to be insured or entitled to benefits (as more particularly defined in the Settlement Agreement). Under the terms of the Settlement Agreement, (i) Farmers agree to pay their respective settlement amounts to the Receiver to be held in a qualified settlement trust(ii) Farmers and its affiliates will receive a release of all past, present, and future Claims, known and unknown, based upon, arising from, or attributable to the Policies, and (iii) any and all rights and Interests in the Policies will be deemed to have been resolved, thus permanently and irrevocably extinguishing all rights, duties, and coverage under the Policies. In addition to asking the court to approve the Settlement Agreement, the Receiver is also asking the Court to enter an Injunctive Order that (i) permanently enjoins the prosecution, continuation, or commencement of any Claim that any person or entity holds, asserts, or may in the future hold or assert against Farmers or its affiliates, based upon, arising from, or attributable to any of the Policies and (ii) bar the assertion of claims against Farmers and its affiliates for contribution, subrogation, indemnification, or similar claims related to the Policies or the matters released in the Settlement Agreement. Copies of the Receiver's motion and the Settlement Agreement can be obtained by contacting counsel for the Receiver, Certain Libby Claimants, or Farmers at the addresses set forth below. YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT AGREEMENT AND THE ORDER APPROVING THE SETTLEMENT AGREEMENT AND ENTERING THE INJUNCTION. If you wish to object to approval of the Settlement Agreement or entry of the Injunctions, you must file an objection on or by April 17, 2022. Any such objection should be filed with the Asbestos Claims Court (Montana's 23rd Judicial District Court) at the Montana 8th Judicial District Courthouse in the Travis W. Hall vs. Robinson Insulation Company matter, DV-57-2011-083-AE, and served upon the following: (i) the Receiver, Kelly O'Brien, Esq., 128 Second Street East, Kalispell, Montana 59903, ko@measurelaw.com, (ii) counsel for Certain Libby Claimants, Allan McGarvey, Esq., McGarvey Law, 345 First Avenue East, Kalispell, Montana 59901, amcgarvey@mcgarveylaw.com, (iii) counsel for Farmers Insurance Exchange, Adam Tunning, Esq., Moulton Bellingham, PC, 27 North 27th Street, Suite 1900, P.O. Box 2559, Billings, MT 59103-2559, adam.tunning@moultonbellingham.com. April 4, 11, 18, 2022 MNAXLP __________________________
No. 28524 NOTICE OF TRUSTEE'S SALE TO WHOM IT MAY CONCERN: 1. Property. This Notice concerns the following described real property (the "Property") located in Flathead County, Montana: The surface only of Lot 12 of Angel Point Properties, 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 1/20th interest in and to all roads as shown and set forth on the plat of Angel Point Properties, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. 2. Trust Indenture. The Grantor named below executed and delivered to the Beneficiary named below a Deed of Trust (hereinafter the "Trust Indenture"), which is a trust indenture under the Small Tract Financing Act of Montana, ยงยง 71-1-301, et seq., M.C.A., covering the Property. The Trust Indenture is described as follows: Date: November 20, 2006 Grantor: John Vincent Hover Original Trustee: C. Mark Hash Beneficiary: Glacier Bank recorded in the records of Flathead County, Montana on November 27, 2006 at Reception No. 200633115570. 3. Note. The above-referenced Trust Indenture was given to secure payment of a Home Equity Line of Credit in the original principal amount of $100,000.00 owing from the Grantor to the Beneficiary. The Home Equity Line of Credit is dated the same date as the Trust Indenture. 4. Substitute Trustee. JAY T. JOHNSON, an attorney authorized to practice law in Montana, was substituted as Trustee under the Trust Indenture by a written document recorded in the records of Flathead County, Montana on March 30 2022, as Document No. 202200008247. 5. Default. Grantor is in default under the Home Equity Line of Credit and Trust Indenture. The default consists of failure to pay the entire outstanding principal balance, accrued interest and all other charges due under the Home Equity Line of Credit on its maturity date of November 25, 2021, and failure to pay property taxes assessed against the Property. 6. Amount Owing. The amount owing under the Home Equity Line of Credit Agreement and Trust Indenture as of March 1, 2022, is as follows: Principal $ 90,641.45 Interest $ 785.35 Late Charges $ 4,661.52 Other Charges 39.80 Interest accrues on the principal balance at the daily rate of approximately $14.27913. Late charges are assessed at the greater of 5.00% of the regularly scheduled payment or $15.00 for each payment that is more than ten (10) days late. The total balance due on the obligation secured by the Trust Indenture is the sum of the above items, including interest to the date of payment, plus costs and expenses actually incurred by the Beneficiary, funds advanced by the Beneficiary to preserve or protect its collateral in accordance with the Trust Indenture, and reasonable trustee's and attorney's fees. 7. Acceleration. Notice is hereby given that the Beneficiary under the Trust Indenture has elected and declared all principal and interest to be immediately due and payable in consequence of the default of Grantor under the Home Equity Line of Credit and Trust Indenture. 8. Notice of Sale. Notice is hereby given that the Beneficiary under the Trust Indenture and the undersigned Trustee hereby elect to sell or cause to be sold the Property described above to satisfy the obligation secured by the Trust Indenture. The sale will be held at the following date, time and place: Date: August 10, 2022 Time: 10:00 o'clock a.m. Place: First Floor Foyer, Flathead County Justice Center, 920 South Main Street, Kalispell, MT 59901 The undersigned Trustee will sell the Property at public auction to the highest bidder, in cash or cash equivalents (cashier's checks or certified checks), in lawful money of the United States, all payable at the time of the sale. Any person, including the Beneficiary under the Trust Indenture but excluding the Trustee, may bid at the sale. The conveyance of the Property to the purchaser will be made by Trustee's Deed without any representation or warranty, including warranty of title, express or implied. The sale is made on an as-is, where-is and with all faults basis. The purchaser shall be entitled to possession of the Property on the 10th day following the sale. 9. Cure. The Grantor, or it successor in interest in the Property or any part thereof or any other person having a subordinate lien or encumbrance of record thereon or any beneficiary under a subordinate trust indenture, at any time prior to the time fixed by the Trustee for the trustee's sale, may pay to the Beneficiary or the successor in interest to the Beneficiary the entire amount then due under the terms of the Trust Indenture and the obligation secured thereby, including costs and expenses actually incurred and reasonable trustee's 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR PURPOSES OF COLLECTING THE DEBT. Dated: March 30, 2022. /s/ Jay T. Johnson Jay T. Johnson Substitute Trustee STATE OF MONTANA ) : ss County of Flathead ) This instrument was acknowledged before me on March 30, 2022, by JAY T. JOHNSON. /s/ Kathleen A. Burt Notary Public for the State of Montana Residing at Kalispell, Montana My Commission expires July 23, 2024 April 11, 18, 25, 2022 MNAXLP ________________________
No. 28523 NOTICE OF ANNUAL SCHOOL ELECTION Notice is hereby given by the undersigned Clerk of Somers School District No. 29, Flathead County, State of Montana that the Annual School Election will be held on Tuesday, May 3, 2022, by mail ballot. Ballots may be returned to the following locations, at the following times: Location Prior to Election Day: Somers Middle School, 315 School Addition Rd., Somers, MT 59932 and Hours: 8:00 am to 4:00 pm Location on Election Day: Somers Middle School, 315 School Addition Rd., Somers, MT 59932 and Hours: 8:00 am to 8:00 pm Electors will consider the following issues at the election: Three (3) Trustee(s) to be elected for a three (3) year term. A qualified registered elector who will be absent from the district during the time the election is being conducted may: a) vote in person in the election administrator's office as soon as the ballots are available and until noon the day before the ballots are scheduled to be mailed; b) make a written request, signed by the applicant and addressed to the election administrator, that the ballot be mailed to an address other than the address that appears on the registration card. The district clerk/election administrator's office is located at: Somers Middle School, 315 School Addition Rd., Somers, MT 59932 If you miss this regular registration deadline (30 days prior to the election), you may still register for the election by showing up at the county election office by noon on the day before election day. The late registration certificate may be exchanged for a ballot at the school election administrator's office until the close of polls on election day. The county election office is located at: 40 11th Street West #230, Kalispell, MT 59901 A late registrant may obtain a ballot on election day at the following location: Somers Middle School, 315 School Addition Rd., Somers, MT 59932 DATED this 6th day of April 2022 District Clerk: Breanne Wiest April 11, 2022 MNAXLP __________________________