Legals for August, 11 2022
No. 28747 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a request to change the zoning designation in a portion of the Evergreen Zoning District from R-2 (One Family Limited Residential) to R-1 (Suburban Residential). The boundaries of the area proposed to be amended from R-2 (One Family Limited Residential) to R-1 (Suburban Residential) are described as: Lot 3, of Block 1 of Ziesmer's Acres Subdivision in Section 33, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The regulations defining the R-2 and R-1 zones are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Commissioners, located at 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 for file for public inspection at the Office of the Board of Commissioners and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 25th day of August, 2022, at 10 o'clock a.m., in the Commissioner's Chambers, Third Floor, Old Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed change to the text of the Flathead County Zoning Regulations. Written comments are encouraged and will be reviewed by the Commissioners prior to the hearing if received by the Flathead County Commissioners' Office at least three business days prior to the hearing. DATED this 5th day of July, 2022. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Pamela J. Holmquist Pamela J. Holmquist, Chairman August 11, 18, 2022 MNAXLP __________________________
No. 28793 Sean S. Frampton Sean Christensen FRAMPTON PURDY LAW FIRM 530 West 19th Street #301 Whitefish, MT 59937 Telephone: (406) 862-9600 Facsimile: (406) 862-9611 E-mail: sean@framptonpurdy.com seanc@framptonpurdy.com Attorneys for Plaintiff MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY BOWSER CREEK ESTATES, LLC, a Montana limited liability company, Plaintiff, -vs- THE ASHLEY LAKE IRRIGATING COMPANY and UNKNOWN CLAIMANTS, Defendants. Cause No. DV-22-828 Judge ROBERT B ALLISON SUMMONS BY PUBLICATION THE STATE OF MONTANA sends greetings to the Defendant THE ASHLEY LAKE IRRIGATING COMPANY: The above-named Plaintiff has brought an action to quiet title to land situated in Flathead County, Montana, and described as follows: Lot 4 of Ridgeview Subdivision, according to the plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. You are hereby summoned to answer the Complaint to Quiet Title in this action, which is filed in the office of the Clerk of this Court. Service of this Summons shall be carried out by the publication of this Summons three times, once each week for three successive weeks, in a newspaper that is in regular circulation in Flathead County, Montana. You shall file an answer and serve a copy thereof upon the Plaintiff's Attorney, pursuant to Rule 12, M.R.Civ.P., within twenty-one (21) days after the third publication of this Summons in the newspaper. In the event you fail to timely file an Answer to this Complaint and/or appear, judgment will be sought against you, by default, for the relief sought in the Complaint. WITNESS MY HAND AND THE SEAL OF SAID COURT THIS day 28th of JULY, 2022. Clerk of Court By:KRISTEN SKEES Deputy Clerk August 4, 11, 18, 2022 MNAXLP __________________________
No. 28807 NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on December 12, 2022, at 11:00 AM at the East Door of the Flathead County Justice Center, 920 South Main Street, Kalispell, MT 59901, the following described real property situated in Flathead County, State of Montana: Lot 2 of Idaho Hill Ranch No. 3, according to the official plat thereof, filed in official records of Flathead County, Montana. More commonly known as 55 Keenans Way, Kila, MT 59920. Benjamin Henshaw and Jojo M. Houle, as Grantors, conveyed said real property to Alliance Title & Escrow, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Glacier Bank, Beneficiary of the security instrument, its successors and assigns, by Deed of Trust dated on April 25, 2013, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on April 30, 2013, as Instrument No. 201300010377, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: J.P. Morgan Chase Bank, National Association Assignment Dated: May 8, 2018 Assignment Recorded: May 24, 2018 Assignment Recording Information: as Instrument No. 201800010247 Assignee: J.P. Morgan Mortgage Acquisition Corp. Assignment Dated: January 18, 2022 Assignment Recorded: January 21, 2022 Assignment Recording Information: as Instrument No. 202200001858 All in the records of the County Clerk and Recorder for Flathead County, Montana. Jason J. Henderson is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Flathead County, State of Montana, on July 26, 2022, as Instrument No. 202200018109, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to the Grantor(s) failure to make monthly payments beginning July 1, 2021, 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. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable. The total amount due on this obligation is the principal sum of $167,577.45, interest in the sum of $6,622.62, escrow advances of $4,064.73, other amounts due and payable in the amount of $1,036.26 for a total amount owing of $179,301.06, plus accruing interest, late charges, and other fees and costs that may be incurred or 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 Grantor. 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, has the right, at any time prior to the Trustee's Sale, to 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 by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee's and attorney's fees. In the event that all defaults are cured the foreclosure will be dismissed and the foreclosure sale will be canceled. The scheduled Trustee's Sale may be postponed by public proclamation up to 15 days for any reason. 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. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse. This is an attempt to collect a debt and any information obtained will be used for that purpose. Dated this 28th day of July, 2022. Jason J. Henderson Substitute Trustee 38 2nd Avenue East Dickinson, ND 58601 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. MT11233 August 11, 18, 25, 2022 MNAXLP __________________________
No. 28745 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a request to change the zoning designation in a portion of the Happy Valley Zoning District from B-1 'Neighborhood/Professional Business' to B-2 'General Business'. The boundaries of the area proposed to be amended from B-1 'Neighborhood/Professional Business' to B-2 'General Business' are described as: Lots 283 and 284 of Happy Valley Homesites in Section 25, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana and Lot 285 of Happy Valley Homesites in SE1/4 of the NE1/4 of Section 25 Township 30 North, Range 22 West, P.M.M., Flathead County, Montana. The regulations defining the B-1 and B-2 zones are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Commissioners, located at 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 for file for public inspection at the Office of the Board of Commissioners and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 25th day of August 2022, at 9 o'clock a.m., in the Commissioner's Chambers, Third Floor, Old Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed change to the text of the Flathead County Zoning Regulations. Written comments are encouraged and will be reviewed by the Commissioners prior to the hearing if received by the Flathead County Commissioners' Office at least three business days prior to the hearing. DATED this 5th day of July, 2022. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Pamela J. Holmquist Pamela J. Holmquist, Chairman August 11, 18, 2022 MNAXLP __________________________
No. 28746 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a change in the zoning designation in a portion of the Blanchard Lake Zoning District from AG-20 (Agricultural) to SAG-5 (Suburban Agricultural) for property located at 161 Vintage Way, Whitefish, MT 59937. The boundaries of the areas proposed to be amended from AG-20 (Agricultural) to SAG-5 (Suburban Agricultural) are described as: Lot 1 of Vintage Estates Subdivision, located in a portion of Government Lot 2 in Section 19, Township 30 North, Range 21 West, and the Southeast Quarter of the Northeast Quarter (SE 1/4 NE 1/4 ) of Section 24, Township 30 North, Range 22 West, P.M.M., Flathead County, Montana. The regulations defining the AG-20 and SAG-5 zones are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Commissioners, 800 South Main, Room 302, 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 for file for public inspection at the Commissioners' Office and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 25th day of August, 2022 at 9:15 a.m. in the Commissioners' Chambers, Third Floor, Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed change to the Blanchard Lake Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if received prior to the hearing. DATED this 5th day of July, 2022. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Pamela J. Holmquist Pamela J. Holmquist, Chairman August 11, 18, 2022 MNAXLP _________________________