Legals for June, 16 2022
No. 28673 Grizzly Mini Storage is having a storage auction on June 28, 2022 at 10:00 a.m. 466 Ash Road, Kalispell, MT 59901 For inquiries call (406)756-6969 Unit# 224- Smith Unit# 225- Coolidge Unit# 228- Coolidge Unit#65- Underhill Unit#2- Fevold Unit#104- Ferren Unit#317- Redarcak June 16, 23, 2022 MNAXLP __________________________
No. 28607 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 Evergreen Zoning District from R-2 (One Family Limited Residential) to B-2 (General Business). The boundaries of the areas proposed to be amended from R-2 (One Family Limited Residential) to B-2 (General Business) are described as: That part of Government Lot 2 of Section 4, Township 28 North, Range 21 West, P.M.M., Flathead County Montana, particularly described as follows: Beginning at a point on the North boundary of said Lot 2, a distance of 1627.10 feet West of the Northeast corner of said Section 4; thence South and parallel with the West boundary of said Lot 2, a distance of 308.00 feet to a point; thence West and parallel with the North line of said Lot 2, a distance of 220.00 feet, more or less, to a point which is 880.00 feet East of the West line of said Lot 2; thence North parallel with the West line of said Lot 2, a distance of 308 feet to the North line of said Lot 2; thence East along the North line of said Lot 2, a distance of 220.00 feet, more or less, to the Place of Beginning. Excepting right of way for public road along the North boundary thereof. The regulations defining the R-2 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, 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 30th day of June, 2022 at 10:15 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 Evergreen Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if received prior to the hearing. DATED this 10th day of May, 2022. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman June 16, 23, 2022 MNAXLP __________________________
No. 28606 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, herby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a request from the Flathead County Planning Board to amend the text of the Canyon Area Land Use Regulatory System (CALURS). The proposed text amendment would amend the text of Section 4(J) Work Camp provisions of the Canyon Area Land Use Regulatory System. The Canyon Area Land Use Regulatory applies to the Middle Canyon area as defined in CALURS and created under Section 76-2-205, M.C.A. Those standards are on file for public inspection at the Office of the Board of Commissioners, located at 800 South Main, Room 302, the Flathead County Planning and Zoning Office, 40 11th Street West, Suite 220, 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 amendments to the regulations are on file for public inspection at the Office of the Board of Commissioners and Recorder and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 30th day of June, 2022 at 10:30 a.m. in the Commissioners' Chambers, Third Floor, Old Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the pubic an opportunity to be heard regarding the proposed change to the text of the Canyon Area Land Use Regulatory System. 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 the 10th day of May, 2022 BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chair June 16, 23, 2022 MNAXLP __________________________
No. 28676 NOTICE OF TRUSTEE'S SALE On October 17, 2022 at 11:00 AM, at the East Door, Flathead County Justice Center, 920 South Main Street, Kalispell, MT 59901, Brigham J. Lundberg, a member of the Montana State Bar, as successor trustee, will sell at public auction to the highest bidder, the following described real property situated in Flathead County, Montana, and described as follows: Parcel One: A tract of land located in the Northeast Quarter of Section 32, Township 29 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana. Tract 2 Of Certificate of Survey No. 11167. Parcel Two: That portion of the NE1/4 of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the North Quarter Corner of Section 32; thence South 67°00'37" East a distance of 213.20 feet to a point; thence South 79°02'14" East a distance of 164.69 feet to a point; thence South 37°06'06" East a distance of 92.93 feet to a point; thence South 02°17'41" West a distance of 131.53 feet to the Point of Beginning; thence continuing South 02°17'41" West a distance of 55.05 feet to a point; thence South 84°06'31" West a distance of 26.79 feet to a point; thence South 32°27'14" West a distance of 78.88 feet to a point; thence South 42°02'14" West a distance of 149.13 feet to a point on Mission Trail, which point is on a 50.00 foot radius curve having a radial bearing of South 62°52'50" West; thence Northwesterly along the curve thru a central angle of 22°33'10", a distance of 19.68 feet to a point; thence North 39°48'51" East a distance of 286.09 feet to the Point of Beginning. Parcel C of Certificate of Survey No. 3059. Parcel Three: That portion of the NW1/4NE1/4 of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the North Quarter corner of Section 32; thence South 67°00'37" East a distance of 213.20 feet to a point; thence South 79°02'14" East a distance of 164.69 feet to a point; thence South 37°06'06" East a distance of 92.93 feet to a point; thence South 02°17'41" West a distance of 155.55 feet to the Point of Beginning; thence continuing South 02°17'41" West a distance of 31.03 feet to a point; thence North 84°06'31" East a distance of 209.08 feet to a point; thence North 34°31'36" West a distance of 34.19 feet to a point; thence Southwesterly along the Southerly boundary of that tract of land shown on Certificate of Survey No. 1843, recorded November 15, 1974 under Recorder's Fee No. 11084, records of Flathead County, Montana, to the Point of Beginning. Excepting therefrom the above described tracts to the extent of any overlap the following: A tract of land in the NE1/4 of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the North Quarter corner of Section 32; thence South 51°28'34" East a distance of 547.93 feet to the Point of Beginning; thence North 05°13'57" West a distance of 155.55 feet to a point; thence South 70°54'59" East a distance of 133.23 feet of record (South 78°02'02" East 113.13 feet) to a point; thence South 37°13'52" East a distance of 123.81 feet of record (South 44°26'03" East 124.03 feet) to a point; thence South 84°06'31" West a distance of 168.53 feet of record (South 76°49'57" West 188.26 Feet) to the Point of Beginning. More Correctly Described As: Parcel One: A tract of land located in the Northeast Quarter of Section 32, Township 29 North, Range 21 West, Principal Meridian, Montana, Flathead County, Montana. Tract 2 Of Certificate of Survey No. 11167. Parcel Two: That portion of the NE1/4 of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the North Quarter Corner of Section 32; thence South 67°00'37" East a distance of 213.20 feet to a point; thence South 79°02'14" East a distance of 164.69 feet to a point; thence South 37°06'06" East a distance of 92.93 feet to a point; thence South 02°17'41" West a distance of 131.53 feet to the Point of Beginning; thence continuing South 02°17'41" West a distance of 55.05 feet to a point; thence South 84°06'31" West a distance of 26.79 feet to a point; thence South 32°27'14" West a distance of 78.88 feet to a point; thence South 42°02'14" West a distance of 149.13 feet to a point on Mission Trail, which point is on a 50.00 foot radius curve having a radial bearing of South 62°52'50" West; thence Northwesterly along the curve thru a central angle of 22°33'10", a distance of 19.68 feet to a point; thence North 39°48'51" East a distance of 286.09 feet to the Point of Beginning. Parcel C of Certificate of Survey No. 3059. Parcel Three: That portion of the NW1/4NE1/4 of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the North Quarter corner of Section 32; thence South 67°00'37" East a distance of 213.20 feet to a point; thence South 79°02'14" East a distance of 164.69 feet to a point; thence South 37°06'06" East a distance of 92.93 feet to a point; thence South 02°17'41" West a distance of 155.55 feet to the Point of Beginning; thence continuing South 02°17'41" West a distance of 31.03 feet to a point; thence North 84°06'31" East a distance of 209.08 feet to a point; thence North 34°31'36" West a distance of 34.19 feet to a point; thence Southwesterly along the Southerly boundary of that tract of land shown on Certificate of Survey No. 1843, recorded November 15, 1974 under Recorder's Fee No. 11084, records of Flathead County, Montana, to the Point of Beginning. Excepting therefrom the above described tracts to the extent of any overlap the following: A tract of land in the NE1/4 of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, described as follows: Commencing at the North Quarter corner of Section 32; thence South 51°28'34" East a distance of 547.93 feet to the Point of Beginning; thence North 05°13'57" West a distance of 155.55 feet to a point; thence South 70°54'59" East a distance of 133.23 feet of record (South 78°02'02" East 113.13 feet) to a point; thence South 37°13'52" East a distance of 123.81 feet of record (South 44°26'03" East 124.03 feet) to a point; thence South 84°06'31" West a distance of 168.53 feet of record (South 76°49'57" West 188.26 Feet) to the Point of Beginning. Now Known As: Tract 4, Tract 5 and Tract 6, Certificate of Survey 22042, located in the Northwest 1/4 of the Northeast 1/4, Section 32, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana. Parcel ID No.: 05-0981641 & 05-0113009 which has the address of 2600 Mission Trail, Kalispell, MT 59901. Said sale will be made to satisfy the obligation secured by and pursuant to the power of sale conferred in the trust indenture/deed of trust ("Deed of Trust") dated November 19, 1999 and executed by Robert B. Owen and Gina K. Owen, as grantors ("Grantor"), to Citizen's Title & Escrow Company, Inc., as trustee, in favor of Mann Financial Inc. d/b/a Mann Mortgage, as beneficiary, and recorded on November 22, 1999 as Instrument No. 199932609440, official records of Flathead County, Montana. Brigham J. Lundberg ("Successor Trustee") is the successor trustee of the Deed of Trust pursuant to an Appointment of Successor Trustee/Substitution of Trustee recorded on June 2, 2022 as Instrument No. 202200014145, official records of Flathead County, Montana. Beneficiary has declared the grantors in default of the terms of the Deed of Trust and the promissory note ("Note") secured by the Deed of Trust because of Grantors' failure to timely pay all monthly installments of principal, interest, and, if applicable, escrow reserves for taxes and/or insurance as required by the Note and Deed of Trust. According to the Beneficiary, the obligation evidenced by the Note is now due for the August 1, 2021 installment payment. As of June 2, 2022, the amount necessary to satisfy this obligation was $39,216.66. This amount includes the outstanding principal balance of $34,702.04, plus accrued interest, accrued late charges, accrued escrow installments for insurance and/or taxes (if any), and advances for the protection of the beneficiary's security interest (if any). Due to the default stated above, Beneficiary has elected, and has directed the Successor 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 warranties of title or possession, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The sale is subject to bankruptcy filing, payoff, reinstatement, or other circumstance that affects the validity of the sale. If the sale is set aside or the trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of funds paid to the successor trustee, and the successful bidder shall have no further recourse. The purchaser shall be entitled to possession of the property on the 10th day following the sale. 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 or other court-ordered stay, the sale may be postponed by the trustee for up to 120 days by public proclamation at least every 30 days. The grantors, the successor-in-interest to the grantors, or any other person having an interest in the aforesaid property, at any time prior to the trustee's sale, may pay to the present 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 theretofore existing. This communication is from a debt collector. It is an attempt to collect a debt, and any information obtained will be used for that purpose. DATED: 6/3/2022 /s/ Brigham J. Lundberg Brigham J. Lundberg, Successor Trustee Lundberg & Associates, PC 3269 S. Main St., Ste. 100, Salt Lake City, UT 84115 801-263-3400 Office Hours: 8:00 a.m. - 5:00 p.m. June 9, 16, 23, 2022 MNAXLP __________________________
No. 28608 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 Rural Whitefish Zoning District from SAG-10 (Suburban Agricultural) to SAG-5 (Suburban Agricultural). The boundaries of the areas proposed to be amended from SAG-10 (Suburban Agricultural) to SAG-5 (Suburban Agricultural) are described as: A TRACT OF LAND, SITUATED, LYING AND BEING IN THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 31 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: BEGINNING at the northwest corner of the Southwest Quarter of Section 22, Township 31 North, Range 22 West, P.M.,M., Flathead County, Montana; Thence S89°01'16"E 339.72 feet; Thence S32°26'36"E 1094.53; Thence S64°49'56"W 142.55; Thence S22°43'18"W 165.46 feet to the northerly R/W of a 60 foot private road and utility easement known as Inspiration Drive; Thence leaving said R/W S52°34'34"W 39.21 feet; Thence S12°30'00"W 0.59 feet to the centerline of said easement, which is on a 306.96 foot radius curve, concave southerly (radial bearing S08°57'37"W); Thence along said centerline the following seven (7) courses: Northwesterly and southwesterly along said curve through a central angle of 15°06'55" an arc length of 80.98 feet to the P.R.C. of a 97.66 foot radius reverse curve (radial bearing N06°09'18"W); Southwesterly and northwesterly along said curve through a central angle of 51°09'18" an arc length of 87.19 feet; N45°00'00"W 95.35 feet to the P.C. of a 140.00 foot radius curve, concave southeasterly, having a central angle of 130°00'00"; Northwesterly and southwesterly along an arc length of 317.65 feet; S05°00'00"W 20.79 feet to the P.C. of a 300.00 foot radius curve, concave northwesterly, having a central angle of 35°30'00"; Southwesterly along an arc length of 185.88 feet; S40°30'00"W 252.02 feet to the west boundary of said SW1/4; Thence leaving said centerline and along said boundary N00°00'40"W 1537.53 feet to the point of beginning and containing 18.205 ACRES; Subject to and together with all appurtenant easements of record. 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 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 30th day of June, 2022 at 10 o'clock 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 Rural Whitefish Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if received prior to the hearing. DATED this 10th day of May, 2022. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Pamela J. Holmquist Pamela J. Holmquist, Chairman June 16, 23, 2022 MNAXLP __________________________
No. 28693 NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on October 31, 2022, 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: Lot 4 of Hilltop Acres, according to the Map or Plat thereof on file and of record in the office of the Clerk & Recorder of Flathead County, Montana. More commonly known as 140 N Hilltop Rd, Columbia Falls, MT 59912. Alec DuMay and Holly DuMay, as Grantors, conveyed said real property to Fidelity National Title of Flathead Valley, LLC, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Plaza Home Mortgage Inc., Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on March 8, 2016, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on March 18, 2016 as Instrument No. 201600005152, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: PennyMac Loan Services, LLC Assignment Dated: April 6, 2022 Assignment Recorded: April 6, 2022 Assignment Recording Information: as Instrument No. 202200008814 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 May 24, 2022 as Instrument No. 202200013350, 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 January 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 $194,018.67, interest in the sum of $4,054.25, escrow advances of $3,516.76, other amounts due and payable in the amount of $344.92 for a total amount owing of $201,934.60, 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 8th day of June, 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. MT11525 June 16, 23, 30, 2022 MNAXLP __________________________