Legals for December, 8 2022
No. 29035 Lewis N. Stoddard, Bar No. 60723896 Halliday, Watkins & Mann, P.C. 376 East 400 South, Suite 300 Salt Lake City, UT 84111 Phone: 801-355-2886 Facsimile: 801-328-9714 lewis@hwmlawFirm.com Attorney for Plaintiff | HWM File No. MT10663 MONTANA ELEVENTH JUDICIAL DISTRICT FLATHEAD COUNTY U.S. Bank National Association, not in its individual capacity, but solely as trustee for the RMAC Trust, Series 2016-CTT, Plaintiff, v. Paula D. Arthur a/k/a Paula D. Breger; Dale Podbreger a/k/a Dale Breger; Greg M. Mitchell; and Unknown Parties in possession of or with an interest in the real property commonly known as: 625 Deer Creek Road, n/k/a 210 Bear Canyon Road, Lakeside, MT 59922, Defendants. NOTICE OF SALE Case No.: DV-15-2022-0000140-FO Under and by virtue of a Writ of Execution issued in the above-entitled action on September 7, 2022, I am commanded to sell at public auction all of Defendants’ rights and interest to the below described property: A parcel located in the Southwest Quarter of Section 1, Township 26 North, Range 21 West, P.M.M., and within Certificate of Survey No. 4594 of the records of Flathead County, Montana, more particularly described as follows: Beginning at a point that is located North 29°38’40” East and 67.00 feet from the Point of Beginning for Certificate of Survey No. 4594; thence North 01°51’06” West along the boundary between the parcels of land described by Certificate of Survey Nos. 4460 and 4594, for a distance of 1120.32v feet to a point; thence South 39°33’49” East along the boundary between Certificate of Survey Nos. 4659 and 4594, for a distance of 290.00 feet to a point; thence North 83°53’39” West, for a distance of 73.80 feet to a point; thence South 20°22’00” East, for a distance of 340.00 feet to a point; thence South 10°39’00” West, for a distance of 336.00 feet to a point; thence South 28°45’29” West, for a distance of 273.04 feet to the Point of Beginning. Parcel A of Corrected Certificate of Survey No. 12639 AND A parcel of land in the Northwest Quarter of the Southwest Quarter and in the Southwest Quarter of the Northwest Quarter of Section 1, Township 26 North, Range 21 West, P.M.M., described as follows: Beginning at the West Quarter corner of the aforesaid Section 1; thence South 00°13’07” East along the boundary common to Sections 1 and 2 of the aforesaid Township and Range, a distance of 1235.94 feet to a point; thence leaving the Section line South 89°46’53” East, a distance of 494.54 feet to a point; thence South 12°18’06” East, a distance of 329.16 feet to a point; thence South 26°15’31” West, a distance of 85.06 feet to a point; thence South 17°22’07” East, a distance of 191.41 feet to a point on the North boundary of the existing Deer Creek Road; thence along a non-tangent 480 foot radius curve to the right, whose center bears South 37°42’37” East, a distance of 47.81 feet; thence leaving the existing Deer Creek Road North 12°17’54” West, a distance of 155.33 feet to a point; thence North 12°20’40” East, a distance of 76.48 feet to a point; thence North 12°18’06” West, a distance of 327.93 feet to a point; thence North 29°38’40” East, a distance of 300.00 feet to a point; thence North 01°49’37” West, a distance of 1108.57 feet to a point; thence North 39°33’49” West, a distance of 405.34 feet to a point; thence South 71°06’39” West, a distance of 408.37 feet to a point which lies on the section line between Sections 1 and 2; thence along said Section line South 00°06’35” West, a distance of 304.76 feet to the Point of Beginning. Certificate of Survey No. 4460. EXCEPTING THEREFROM the following described tract of land: A tract of land in the NW¼SW¼ Section 1, Township 26 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the West Quarter corner of said Section 1; thence S 00°13’07” W 509.95 feet along the West boundary of the SW¼ of said Section 1 to the True Point of Beginning of the tract of land herein described; thence continuing S 00°13’07” W 726.00 feet along said West boundary to the Northwest corner of Lot 5 of Deer Creek Estates a platted subdivision, records of Flathead County; thence S 89°47’05” E 247.28 feet along the North boundary of said Lot 5 to the Northeast corner of Lot 4 of said Deer Creek Estates; thence S 89°51’26” E 52.72 feet along the North boundary of said Lot 4; thence N 00°13’07” E 725.93 feet; thence N 89°47’05” W 300.00 feet to the Point of Beginning. Parcel A of Certificate of Survey No. 14759. (NOTE: THE ABOVE DESCRIBED PROPERTY IS NOW KNOWN AS PARCELS 1, 2 AND 3 OF CERTIFICATE OF SURVEY NO. 17424, RECORDS OF FLATHEAD COUNTY, MONTANA.) EXCEPTING THEREFROM Parcel 1 of Certificate of Survey No. 17424, records of Flathead County, Montana. TOGETHER WITH a permanent, private easement across and along an existing roadway as granted in Easement, recorded December 5, 1994, as Instrument No. 94-339-16450, records of Flathead County, Montana. With a property address of: 625 Deer Creek Road, n/k/a 210 Bear Canyon Road, Lakeside, MT 59922 Notice is hereby given that on December 15th at 11:00 AM in the front lobby of the Flathead County Justice Center at 920 S. Main Street, Kalispell, MT 59901 the above-described property will be sold to the highest bidder to satisfy Plaintiff`s judgment, with interest and costs. Date: November 16, 2022. Sheriff/Deputy Sheriff of Flathead County, State of Montana Jeff Weyh, Civil Clerk November 24, December 1, 8, 2022 MNAXLP __________________________
No. 29044 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on April 3, 2023, 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, State of Montana: Tract 1 of Certificate of Survey No. 17461, located in the Southeast Quarter of the Northwest Quarter and the Northeast Quarter of the Southwest Quarter of Section 8, Township 30 North, Range 24 West, P.M.M., Flathead County, Montana. More commonly known as 4855 Star Meadow Rd, Whitefish, MT 59937. Ellen Jantsch and Ryan Marts, as Grantors, conveyed said real property to Fidelity National Title Insurance Company, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Mann Mortgage LLC, Beneficiary of the security instrument, its successors and assigns, by the Deed of Trust dated on April 8, 2022, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on April 12, 2022, as Instrument No. 202200009352, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: MSR Asset Vehicle LLC Assignment Dated: August 26, 2022 Assignment Recorded: August 26, 2022 Assignment Recording Information: as Instrument No. 202200022849 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 November 7, 2022, as Instrument No. 202200028418, 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 June 1, 2022, 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 $647,200.00, interest in the sum of $19,219.83, and other amounts due and payable in the amount of $404.32 for a total amount owing of $666,824.15, 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 11th day of November, 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. MT21005 November 24, December 1, 8, 2022 MNAXLP __________________________
No. 29064 ADVERTISEMENT Arlee Joint School District No. 8 seeks to immediately engage the services of an individual or firm to act as the Owner’s Construction Representative to manage, on behalf of the District, all aspects of the design, construction, furnishing, and equipping for the successful completion of an addition to the existing K-2 building to create a consolidated K-6 building to include classrooms, support spaces, a new library, administrative offices, and restrooms as well as reconfiguration of parking and bus loops. The project also includes upgrading mechanical, electrical, and information technology systems; reconfiguring existing K-2 spaces; and selective removal and/or repurposing of the existing 3-6 building. The project is being financed through a combination of bonds approved by the voters, grant funding, and ESSER funds. Prospective Owner’s Construction Representative candidates may obtain a Qualification packet at the Arlee School District Administration Office, 72220 Fyant Street, Arlee, MT 59821, or by visiting the District’s website: arleeschools.org, under District Office: Construction. Responses to this Request for Qualifications for Owner’s Construction Representative services must be submitted in compliance with the requirements of the Qualification packet and will be received at the Arlee School District Administration Office at the address listed above until December 30, 2022, at 11:00 am, local time. FAX RESPONSES, INCOMPLETE RESPONSES AND RESPONSES RECEIVED AFTER THAT DATE AND TIME WILL BE DEEMED NON-COMPLIANT WITH THIS RFQ AND WILL NOT BE ACCEPTED. From the list of interested and qualified candidates, the District will select the Owner’s Construction Representative individual or firm which is best qualified and best suits the District’s needs and intent regarding the project. This request for qualifications does not commit the Board of Trustees for Arlee Joint School District No. 8 to enter into any agreement, or to pay any expenses incurred in the preparation of any response to this request, or to ultimately procure any contract for the provision of these services. The Board of Trustees expressly reserves the right to waive any formalities and to reject any or all proposals. December 8, 15, 2022 MNAXLP __________________________
No. 29065 ELEMENTARY SCHOOL DISTRICT NO. JT&8 (ARLEE) LAKE, MISSOULA AND SANDERS COUNTIES, MONTANA CERTIFICATE – GENERAL OBLIGATION BONDS Elementary School District No. JT&8 (Arlee), Lake, Missoula and Sanders Counties, Montana, caused the Lake, Missoula, and Sanders County Election Administrators to conduct a school bond election on November 8, 2022, at which the following proposition was considered: Shall the Board of Trustees (the “Board”) of Elementary School District No. JT&8 (Arlee), Lake, Missoula and Sanders Counties, Montana (the “District”) be authorized to sell and issue general obligation bonds of the District in the total principal amount of up to Six Million Dollars ($6,000,000), bearing interest at a rate or rates to be determined at the time of sale, payable semiannually during a term of not more than 25 years, for the purpose of paying a portion of the costs of designing, constructing, furnishing, and equipping an addition to the existing kindergarten through second grade building to create a consolidated kindergarten through sixth grade building, including classrooms and support spaces, a new library, administrative offices, and restrooms; upgrading mechanical, electrical, and information technology systems; reconfiguring existing kindergarten through second grade spaces; selective removal and/or repurposing of the existing grades three through six building; and site and utility work; related improvements and costs; and paying costs associated with the sale and issuance of the bonds? The full faith and credit and taxing power of the District will be pledged to the repayment of the District’s general obligation bonds. The District may also use other available funds, including federal impact aid basic support payments to the extent available and within limitations, to pay debt service on the general obligation bonds. The total cost of designing, constructing, furnishing, and equipping the new school facility is estimated to be $14,500,000. Costs in excess of the proceeds of the proposed bonds are anticipated to be paid by the proceeds of impact aid revenue bonds, in the total principal amount of up to $3,000,000 (the “Impact Aid Bonds”), authorization for which is sought simultaneously with the above bonds, and a grant and other funds available to the District in the total amount of $5,500,000. If the above proposition passes and the proposition on the Impact Aid Bonds does not pass, the Board is authorized to issue the above General Obligation Bonds to pay costs of enlarging the existing kindergarten through second grade school building; provided, however, certain of the improvements noted in the ballot question above may not be constructed. The aggregate total number of registered electors in Lake, Missoula, and Sanders Counties who were eligible to vote in the bond election was 1,881. The canvass of the votes in Lake, Missoula, and Sanders Counties establishes that a total of 663 electors voted “GENERAL OBLIGATION BONDS—YES”, and that a total of 359 electors voted “GENERAL OBLIGATION BONDS—NO”. THEREFORE, BE IT CERTIFIED that the above bond proposition has been approved in accordance with the provisions of section 20-9-428, MCA, and that the Board of Trustees of Elementary School District No. JT&8 (Arlee), Lake, Missoula and Sanders Counties, Montana is hereby authorized to issue bonds for the purpose and in the amount specified in the ballot proposition. DATED: November 29, 2022. Brian BigSam Chair, Elementary School District No. JT&8 (Arlee), Lake, Missoula and Sanders Counties, Montana Attest: Lonnie Morin Clerk, Elementary School District No. JT&8 (Arlee), Lake, Missoula and Sanders Counties, Montana December 8, 2022 MNAXLP __________________________
No. 29066 ELEMENTARY SCHOOL DISTRICT NO. JT&8 (ARLEE) LAKE, MISSOULA AND SANDERS COUNTIES, MONTANA CERTIFICATE – IMPACT AID REVENUE BONDS Elementary School District No. JT&8 (Arlee), Lake, Missoula and Sanders Counties, Montana, caused the Lake, Missoula, and Sanders County Election Administrators to conduct a school bond election on November 8, 2022, at which the following proposition was considered: Shall the Board of Trustees (the “Board”) of Elementary School District No. JT&8 (Arlee), Lake, Missoula and Sanders Counties, Montana (the “District”) be authorized to sell and issue impact aid revenue bonds of the District in the total principal amount of up to Three Million Dollars ($3,000,000), bearing interest at a rate or rates to be determined at the time of sale, payable semiannually during a term of not more than 14 years, for the purpose of paying a portion of the costs of designing, constructing, furnishing, and equipping an addition to the existing kindergarten through second grade building to create a consolidated kindergarten through sixth grade building, including classrooms and support spaces, a new library, administrative offices, and restrooms; upgrading mechanical, electrical, and information technology systems; reconfiguring existing kindergarten through second grade spaces; selective removal and/or repurposing of the existing grades three through six building; and site and utility work; related improvements and costs; and paying costs associated with the sale and issuance of the bonds? Federal impact aid basic support payments to the District will be pledged to the repayment of the District’s impact aid revenue bonds and no levy of property taxes will be made by the District on taxable property in the District to pay the impact aid revenue bonds. The total cost of designing, constructing, furnishing, and equipping the new school facility is estimated to be $14,500,000. Costs in excess of the proceeds of the proposed bonds are anticipated to be paid by the proceeds of general obligation bonds, in the total principal amount of up to $6,000,000 (the “General Obligation Bonds”), authorization for which is sought simultaneously with the above bonds, and a grant and other funds available to the District in the total amount of $5,500,000. If the above proposition passes and the proposition on the General Obligation Bonds does not pass, the Board is authorized to issue the above Impact Aid Revenues Bonds to pay costs of enlarging the existing kindergarten through second grade school building; provided, however, certain of the improvements noted in the ballot question above may not be constructed. The aggregate total number of registered electors in Lake, Missoula, and Sanders Counties who were eligible to vote in the bond election was 1,881. The canvass of the votes in Lake, Missoula, and Sanders Counties establishes that a total of 674 electors voted “IMPACT AID REVENUE BONDS —YES”, and that a total of 346 electors voted “IMPACT AID REVENUE BONDS—NO”. THEREFORE, BE IT CERTIFIED that the above bond proposition has been approved in accordance with the provisions of section 20-9-428, MCA, and that the Board of Trustees of Elementary School District No. JT&8 (Arlee), Lake, Missoula and Sanders Counties, Montana is hereby authorized to issue bonds for the purpose and in the amount specified in the ballot proposition. DATED: November 29, 2022. Brian BigSam Chair, Elementary School District No. JT&8 (Arlee), Lake, Missoula and Sanders Counties, Montana Attest: Lonnie Morin Clerk, Elementary School District No. JT&8 (Arlee), Lake, Missoula and Sanders Counties, Montana December 8, 2022 MNAXLP __________________________
No. 29076 FLATHEAD MUNICIPAL AIRPORT AUTHORITY PUBLIC MEETING NOTICE The regular meeting of the Flathead Municipal Airport Authority Board will be held at 4 P.M. on Tuesday, December 13, 2022, at Country Inn & Suites, 4150 Highway 2 E., Kalispell, MT, preceded by the annual audit presentation at 3:15 p.m. and an optional terminal construction walk-through at 2:30 p.m. at Glacier Park International Airport, 4170 Highway 2 E., Kalispell, MT. December 8, 2022 MNAXLP __________________________