Legals for November, 4 2022
No. 28970 Judd M. Jensen Emily M. McCulloch BROWNING, KALECZYC, BERRY & HOVEN P.C. 801 W. Main, Suite 2A Bozeman, MT 59715 Phone: (406) 585-0888 Fax: (406) 587-0165 judd@bkbh.com emily@bkbh.com Attorneys for Judd Alan Howell MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF: Lois D. Howell, Deceased. Case No. DP-22-241 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the decedent are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be mailed to Judd Alan Howell, the Personal Representative, return receipt requested, at c/o Judd Jensen, 801 W. Main, Suite 2A, Bozeman, Montana 59715 or filed with the Clerk of the above Court. I declare under penalty of perjury that the foregoing is true and correct. Dated this 7th day of September, 2022. /s/ Judd Alan Howell Judd Alan Howell, Personal Representative BROWNING, KALECZYC, BERRY & HOVEN, P.C. By: /s/ Judd M. Jensen Judd M. Jensen Emily M. McCulloch Attorneys for Judd Alan Howell October 21, 28, November 4, 2022 MNAXLP __________________________
No. 28972 NOTICE OF TRUSTEE’S SALE On February 21, 2023 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: Tract 2 of Certificate of Survey No. 7913, a tract of land situated, lying and being in the Southwest quarter of the Northwest quarter (SW1/4 NW1/4) of Section 36, Township 27 North, Range 19 West, P.M.M., Flathead County, Montana. Parcel ID No.: 0974652 which has the address of 384 Julian Lane, Bigfork, MT 59911. 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 August 9, 2016 and executed by Johnna R. Hiatt, as grantor (“Grantor”), to Sterling Title of Flathead, as trustee, in favor of Mortgage Electronic Registration Systems, Inc., as designated nominee for American Homestead Mortgage, LLC, beneficiary of the security instrument, its successors and assigns, as beneficiary, and recorded on August 9, 2016 as Instrument No. 201600016777, official records of Flathead County, Montana. The Deed of Trust was assigned for value to PNC Bank, National Association (“Beneficiary”), the current beneficiary, by written instrument filed for record on April 15, 2022, as Instrument No. 202200009669, 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 October 3, 2022 as Instrument No. 202200026079, official records of Flathead County, Montana. Beneficiary has declared the grantor in default of the terms of the Deed of Trust and the promissory note (“Note”) secured by the Deed of Trust because of Grantor’s 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 February 1, 2021 installment payment. As of September 27, 2022, the amount necessary to satisfy this obligation was $349,374.63. This amount includes the outstanding principal balance of $314,772.06, 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 grantor, the successor-in-interest to the grantor, 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: 10/10/2022 /S/ Brigham J. Lundberg Brigham J. Lundberg, Successor Trustee Lundberg & Associates, PC 3269 South Main Street, Suite 100, Salt Lake City, UT 84115 (801) 263-3400 Office Hours: 8:00 a.m. - 5:00 p.m. October 21, 28, November 4, 2022 MNAXLP __________________________
No. 28992 PUBLIC OPPORTUNITY TO PROTEST ISSUANCE OF ONE NEW MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE CANI INC (TONIA SUE GARDNER, Owner(s)) has applied for one new Montana All-Alcoholic Beverages License No. 07-999-2342-002 to be operated at THE CONTAINER BAR, 8205 Us Highway 2 W, Marion, Flathead County. The public may protest this license transfer in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location Flathead County, residents of adjoining Montana counties, and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor’s full name, mailing address, and street address; (2) the license number 07-999-2342-002 and the applicant’s name CANI INC; (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor’s signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant’s qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before December 5, 2022. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Marion. All valid protestors will be notified of the hearing’s time, date and location. Hearings typically are scheduled within 90 days. A protester’s hearing testimony is limited to the grounds in the protester’s letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Lisa Patzer, Compliance Specialist for the Department of Revenue’s Alcoholic Beverage Control Division, at 444-4332 or LPatzer@mt.gov. November 4, 11, 18, 25, 2022 MNAXLP __________________________
No. 28991 PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE FLATHEAD LAKE TAPHOUSE & PUB, LLC (NICOLE HARKER, Owner(s)) has applied to transfer Montana All-Alcoholic Beverages License No. 07-999-2543-002 to be operated at FLATHEAD LAKE TAPHOUSE & PUB, 116 Holt Dr, Bigfork, Flathead County. The public may protest this license transfer in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location Flathead County, residents of adjoining Montana counties, and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor’s full name, mailing address, and street address; (2) the license number 07-999-2543-002 and the applicant’s name FLATHEAD LAKE TAPHOUSE & PUB, LLC; (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor’s signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant’s qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before November 21, 2022. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Bigfork. All valid protestors will be notified of the hearing’s time, date and location. Hearings typically are scheduled within 90 days. A protester’s hearing testimony is limited to the grounds in the protester’s letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Lisa Patzer, Compliance Specialist for the Department of Revenue’s Alcoholic Beverage Control Division, at 444-4332 or LPatzer@mt.gov. November 4, 11, 2022 MNAXLP __________________________
No. 28995 PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE ELCEE LOCO, LLC (Linda Nelson, Owner(s)) has applied to transfer Montana All-Alcoholic Beverages License No. 07-999-2415-001 to be operated at EL TOPO CANTINA, 7987 Mt Highway 35, Bigfork, Flathead County. The public may protest this license transfer in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location Flathead County, residents of adjoining Montana counties, and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor’s full name, mailing address, and street address; (2) the license number 07-999-2415-001 and the applicant’s name ELCEE LOCO, LLC; (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor’s signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant’s qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before November 21, 2022. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Bigfork. All valid protestors will be notified of the hearing’s time, date and location. Hearings typically are scheduled within 90 days. A protester’s hearing testimony is limited to the grounds in the protester’s letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Lisa Patzer, Compliance Specialist for the Department of Revenue’s Alcoholic Beverage Control Division, at 444-4332 or LPatzer@mt.gov. November 4, 11, 2022 MNAXLP __________________________
No. 28996 In Re: Conditions at Lake County Jail, Case 9:22-cv-00127-DWM Notice of Class Action Certification TO: All persons incarcerated at Lake County Jail as of September 3, 2021 to the present, as well as all current and future inmates. Dozens of individuals have filed lawsuits alleging that the conditions of confinement at the Lake County Jail are unconstitutional and illegal. The Court has not ruled on the merits of these claims or Defendants’ defenses. If you were incarcerated at the Lake County Jail at any time on or after September 3, 2021, you are a member of the class. The class that has been certified is pursuing claims for injunctive and declaratory relief-not money damages. You do not need to do anything in response to this notice. Do NOT write or telephone the Court if you have any questions about this notice. If you have questions, please contact class counsel at the following: Timothy M. Bechtold, 406-721-1435, tim@bechtoldlaw.net Constance Van Kley, 406-306-0330, constance@uppersevenlaw.com P.O. Box 31, Helena, MT 59624 You may read the full Notice of Class Action Certification at uppersevenlaw.com/classnotice November 4, 11, 18, 25, 2022 MNAXLP __________________________
No. 28999 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on March 9, 2023, 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 23 of Glenns Addition, Phase 3, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. More commonly known as 1155 16th Ave W, Columbia Falls, MT 59912. Casey William Sitch and Maunena M. Sitch, as Grantors, conveyed said real property to Alliance Title & Escrow, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, as designated nominee for American Homestead Mortgage, LLC, beneficiary of the security instrument, its successors and assigns, by the Deed of Trust dated on September 21, 2015, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on September 22, 2015, as Instrument No. 201500022210, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Flagstar Bank, FSB Assignment Dated: March 16, 2017 Assignment Recorded: March 16, 2017 Assignment Recording Information: as Instrument No. 201700005448 Assignee: Mortgage Electronic Registration Systems, as designated nominee for American Homestead Mortgage, LLC, beneficiary of the security instrument, its successors and assigns Assignment Dated: July 26, 2017 Assignment Recorded: April 3, 2018 Assignment Recording Information: as Instrument No. 201800006339 Assignee: Lakeview Loan Servicing, LLC Assignment Dated: February 18, 2022 Assignment Recorded: February 22, 2022 Assignment Recording Information: as Instrument No. 202200004643 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 October 14, 2022, as Instrument No. 202200026892, 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, 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. 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 $282,158.40, interest in the sum of $44,587.97, escrow advances of $16,519.94, other amounts due and payable in the amount of $8,491.08 for a total amount owing of $351,757.39, 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 20th day of October, 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. MT11445 November 4, 11, 18, 2022 MNAXLP __________________________