Wednesday, February 01, 2023
25.0°F

Legals for November, 18 2022

| November 18, 2022 12:00 AM

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. 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 __________________________

No. 29008 PUBLIC OPPORTUNITY TO PROTEST ISSUANCE OF ONE NEW MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE   THE HOMESTEAD SPORTING CLUB, INC. (Homestead Sporting Club, Owner(s)) has applied for one new Montana All-Alcoholic Beverages License No. 07-999-2338-002 to be operated at HOMESTEAD SPORTING CLUB, 1073 Mountain Home Road, Whitefish, 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 07-999-2338-002 and the applicant’s name THE HOMESTEAD SPORTING CLUB, 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 12, 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 Whitefish. 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 11, 18, 25, December 2, 2022 MNAXLP __________________________

No. 29019 406 Storage & More Auction 2435 U.S. Hwy 93 South, Kalispell, MT 406-300-0033 Personal property will be sold at auction for rents not paid at 11:30 AM Monday, Nov. 21st, 2022 Cash Only Jon Bowden - Unit 22 November 11, 18, 2022 MNAXLP __________________________

No. 29020 Public Notice: On or after November 28th, 2022, Ranger Storage, LLC, will have a public auction. Gardner Auction Service will conduct the auction at 200 United Drive, Kalispell MT 59901 and at gardnerauction.com. To be sold for cash, the personal items stored at Ranger Storage, LLC 250 S. Complex Dr. Kalispell, MT by the following persons: Amber Calhoun, Katina Hardgrove, Kelly Moser and that have received notice per MCA 70-6-420. Ranger Storage, LLC office: 282 Fourth Ave WN, Kalispell, MT 59901. Phone 406-752-7867 November 11, 18, 2022 MNAXLP __________________________

No. 29030 NOTICE OF INTENT TO DISCONTINUE RAIL SERVICE AB-575 (SUB-NO. 2X) Montana Rail Link, Inc. (“MRL”) gives notice that on or about November 21, 2022, it intends to file with the Surface Transportation Board (“STB”), Washington, DC 20423, a petition for exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10903, et seq., permitting MRL to (A) discontinue common carrier service over approximately 656.47 miles of non-contiguous main rail line owned by BNSF Railway Company (“BNSF”) (collectively, the “Leased Premises”), including: (1) Huntley, MT (MP 209.91) to Spurling, MT (MP 17.8); (2) Spurling, MT (MP 17.8) to Helena, MT (MP 238.4); (3) Helena, MT (MP 0.0) to Missoula, MT (MP 119.31); (4) Missoula, MT (MP 119.31) to Sandpoint Junction, ID (MP 118.7); (5) De Smet, MT (MP 0.0) to Paradise, MT (MP 64.27); (6) Laurel, MT (MP 15.15) to south of Laurel, MT (MP 514.47); and (7) Moss Main, MT (MP 0.00) to a point north of Moss Main, MT (MP 0.50); and (B) discontinue bridge-only trackage rights over approximately 96.04 miles of rail line owned by BNSF, including the following segments (collectively, the “Trackage Rights Lines”): (8) Sand Point, ID (MP 2.79) to Spokane, WA (MP 68.17); (9) from MP 68.17 to MP 69.0 near Spokane, WA; (10) from MP 0.74 to MP 1.0 near Moss Main, MT; and (11) from MP 51.07 near Garrison, MT to MP 21.5, south of Warm Springs, MT. The Leased Premises traverse the following zip codes:  59037, 59101, 59102, 59105, 59106, 59044, 59063, 59019, 59069, 59033, 59011, 59047, 59082, 59715, 59718, 59714, 59741, 59752, 59643, 59644, 59647, 59635, 59601, 59602, 59728, 59713, 59731, 59733, 59832, 59936, 59825, 59851, 59802, 59808, 59834, 59846, 59820, 59821, 59863, 59831, 59872, 59866, 59859, 59873, 59874, 59853, 59844, 83811, 83836, 83840, 83852, and 83864. The Trackage Rights Lines traverse the following zip codes in Montana:  59044, 59711, 59731, 59722 and 59756; in Idaho: 83813, 83864, 83860, 83801, 83858 and 83854; and in Washington: 99025, 99027, 99212, 99216, 99206, 99202 and 99201. The Leased Premises and the Trackage Rights Lines (collectively, the “Lines”) traverse the following counties: Yellowstone, Stillwater, Sweet Grass, Park, Gallatin, Broadwater, Jefferson, Lewis and Clark, Powell, Deer Lodge, Granite, Missoula, Lake, Mineral and Sanders Counties, Montana; Bonner and Kootenai Counties, Idaho; and Spokane County, Washington. The proceeding has been docketed as AB-575 (Sub-No. 2X).  The proposed action entails the discontinuance of MRL’s rail service over the Lines with BNSF resuming operations and maintenance of the Lines. Further Board approval would be required for BNSF to abandon the Lines. Accordingly, this proceeding is exempt from environmental reporting requirements under 49 C.F.R. § 1105.6(c) and from historic reporting requirements under 49 C.F.R. § 1105.8(b), and the STB will not prepare an environmental assessment.  Appropriate offers of financial assistance to continue rail service under a subsidy can be filed with the Board.  Because the proposed action is for the discontinuance of service over, but not the abandonment of the Line, requests for public use conditions and rail banking/trails will not be accepted. An original and 10 copies of any pleading in response to the proposed discontinuance of service (such as offers of financial assistance) must be filed directly with the Board’s Section of Administration, Office of Proceedings, 395 E Street, S.W., Washington, DC 20423 [See 49 C.FR. §§ 1104.1(a) and 1104.3(a)], and one copy must be served on MRL’s representative [See 49 CFR § 1104.12(a)]. Questions regarding offers of financial assistance or other such matters may be directed to the Board’s Office of Public Assistance, Governmental Affairs, and Compliance at 202-245-0230. Copies of any comments or requests for specific Board action should be served on MRL’s representatives: Rose-Michele Nardi and Crystal M. Zorbaugh, Baker & Miller PLCC, 240 Pennsylvania Ave., NW, Ste. 300, Washington, DC 20037. November 18, 2022 MNAXLP __________________________

No. 29032 SURPLUS PROPERTY RESOLUTION  November 15, 2022  SURPLUS PROPERTY DISPOSAL  Bigfork Elementary School District No. 38  Bigfork High School District No. 38  Flathead and Lake Counties  Bigfork, Montana 59911  WHEREAS, the trustees of Bigfork Elementary & High School District No. 38 declared  surplus property at a business meeting on November 15, 2022;  WHEREAS, the surplus property includes a 1997 Mercury Marquis, a 1973 Honda Motorcycle and a 1970 Honda Motorcycle. The vehicles were donations to the high school  auto shop program.   WHEREAS, the District would like to sell the vehicles and proceeds will go to the high  school auto shop program;   THEREFORE, BE IT RESOLVED, the 1997 Mercury Marquis, 1973 Honda Motorcycle and 1970 Honda Motorcycle will be sold after Friday, December 2, 2022. Interested parties  may call Mr. Meyers at 837-7400.  Approved by the Board of Trustees of Bigfork Elementary and High School District No. 38,  Flathead and Lake Counties, on November 15, 2022 at a regular meeting held in the Bigfork High School library. November 18, 2022 MNAXLP __________________________

No. 29036 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 MATTER OF: J.O., YOUTH IN NEED OF CARE. Cause No. DN-22-048(D) SUMMONS FOR PUBLICATION To: Danielle Frost, birth mother of the above-named child: 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 above-named child as a youth in need of care and temporary legal custody. NOW, THEREFORE, YOU ARE HEREBY DIRECTED to appear on Friday, December 9, 2022 at 1:30 p.m. before the Honorable Dan Wilson, District Judge, Department 4, Flathead County Justice Center, 920 South Main Street, Third Floor, Kalispell, Flathead County, Montana, then and there to show cause, if any you may have, why the Petition should not be granted. J.O. was born on August 20, 2007 in Havre, Montana. The birth mother is Danielle Frost. 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, Montana, 59901, telephone (406) 758-5870.   WITNESS my hand and Seal of this Court this 16th day of November, 2022. PEG L. ALLISON Clerk of District Court By: SHERI LARSON Deputy Clerk  November 18, 25, December 2, 2022 MNAXLP __________________________

No. 29037 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 MATTER OF: A.S., YOUTH IN NEED OF CARE. Cause No. DN-07-008(A) SUMMONS FOR PUBLICATION To: Brandi Bonner, birth mother of the above-named child: 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 a second extension of temporary legal custody. NOW, THEREFORE, YOU ARE HEREBY DIRECTED to appear on Friday, December 16, 2022 at 1:30 p.m. before the Honorable Amy Eddy, District Judge, Department 1, 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. A.S. was born on August 11, 2006 in Whitefish, Montana. The birth mother is Brandi Bonner. 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 16th day of November, 2022. PEG L. ALLISON Clerk of District Court By: SHERI LARSON Deputy Clerk  November 18, 25, December 2, 2022 MNAXLP __________________________

Recent Headlines