Legals for July, 14 2023
No. 29559 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on October 16, 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: Lot 5 of The Pines (Townhouse Subdivision) Addition No. 113, Resubdivision of Lots 9-12, Porta Villa Subdivision No. 2, being located on a tract of land: Lots 9, 10, 11 and 12 of Porta Villa Subdivision Number Two, according to the map or plat thereof in file and of record in the office of the County Clerk and Recorder of Flathead County, Montana. Together with a 1/16 interest in the appurtenant common elements of said Townhouse Subdivision as the said unit and common areas are established, defined and identified in the Declaration of Unit Ownership of The Pines and exhibits attached thereto, recorded May 2, 1978 in Book 642, Page 46 as Instrument No. 6083 and amended October 1, 1980, in Book 702, Page 325, as Instrument No. 13973, records of Flathead County, Montana. More commonly known as 137 Hawthorn Avenue Apartment A, AKA 137 Hawthorn Avenue Unit A, Kalispell, MT 59901. Daniel Baerveldt, as Grantor, conveyed said real property to Insured Titles, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for First Montana Bank, Inc., Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on May 26, 2017, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on May 26, 2017 as Instrument No. 201700010758, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Ditech Financial LLC Assignment Dated: March 20, 2019 Assignment Recorded: April 11, 2019 Assignment Recording Information: as Instrument No. 201900006687 Assignee: NewRez LLC Assignment Dated: May 4, 2020 Assignment Recorded: May 4, 2020 Assignment Recording Information: as Instrument No. 202000011278 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 22, 2023, as Instrument No. 202300007551, 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 December 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 $118,058.68, interest in the sum of $3,032.09, and other amounts due and payable in the amount of $3,713.86 for a total amount owing of $124,804.63, 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 31st day of May, 2023. 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. 54714 June 30, and July 7, 14, 2023 MNAXLP __________________________
No. 29563 Randall S. Ogle OGLE, WORM & TRAVIS, PLLP 24 First Avenue East, Suite B P.O. Box 899 Kalispell, MT 59903 Telephone: (406) 752-7550 Attorneys for the Estate MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF HAROLD CLAUDE HERINGTON, Deceased. Cause No. DP-23-186 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 said deceased 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 be either mailed to Carole J. Slechta, the Personal Representative, return receipt requested at c/o Ogle, Worm & Travis, PLLP, P.O. Box 899, Kalispell, Montana 59903, or filed with the Clerk of the above-entitled Court. DATED this 17th day of June, 2023. /s/ Carole J. Slechta Carole J. Slechta, Personal Representative OGLE, WORM & TRAVIS, PLLP By: /s/ Randall S. Ogle Randall S. Ogle Attorneys for the Estate June 30, July 7, 14, 2023 MNAXLP __________________________
No. 29565 Donald R. Murray HASH, O’BRIEN, BIBY & MURRAY PLLP Attorneys at Law 136 First Avenue West P.O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 dmurray@hashlaw.com Attorneys for the Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT FLATHEAD COUNTY IN THE MATTER OF THE ESTATE OF THOMAS S. LEE, Deceased. Probate No. DP-23-149(D) Assigned Judge: Dan Wilson NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that by order of the Court, the undersigned has been appointed personal representative of the estate of the above-named decedent, Thomas S. Lee. All persons or entities having claims against the said decedent are required to present their claims within four (4) months after the date of the first publication of this Notice, or said claims will be forever barred. Claims must be presented in one of two ways; either mailed to the personal representative, Barbara G. Lee, by certified mail, return receipt requested, c/o Hash, O’Brien, Biby & Murray, PLLP, Attorneys at Law, P.O. Box 1178, Kalispell, Montana 59903-1178; or filed with the Clerk of the above-entitled Court. DATED: May 17, 2023. Barbara G. Lee Personal Representative HASH, O’BRIEN, BIBY & MURRAY PLLP By: Donald R. Murray Attorneys for the Personal Representative P.O. Box 1178 Kalispell, MT 59903-1178 June 30, July 7, 14, 2023 MNAXLP __________________________
No. 29566 Sean S. Frampton 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 Attorneys for Petitioner MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In the Matter of the Change of Name of SHERRY DICKENHORST SPENCER, Petitioner. Cause No. DV-23-716B Judge Robert B. Allison NOTICE OF HEARING ON NAME CHANGE This is notice that Petitioner has asked the District Court for a change of name from Sherry Dickenhorst Spencer to Sherry Dickenhorst Spencer. The hearing will be on August 23, 2023 at 8:30 am. The hearing will be at the Courthouse, 920 South Main Street, Flathead County, City of Kalispell, State of Montana. DATED this 28th day of June, 2023. Peg L. Allison Clerk of District Court By: /s/ PRISHA QUESADA Deputy Clerk June 30, July 7, 14, 21, 2023 MNAXLP __________________________
No. 29567 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: D.T., YOUTH IN NEED OF CARE. Cause No. DN-23-007(B) SUMMONS FOR PUBLICATION To: Laura Curtis, co-conservator 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 the removal of conservators for the above-named child. NOW, THEREFORE, YOU ARE HEREBY DIRECTED to appear on Friday, July 14, 2023 at 1:30 PM before the Honorable Robert B. Allison, District Judge, Department 2, 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. D.T. was born on February 19, 2007 in Shreveport, Louisiana. The birth mother is Cami Jean Ford. 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 28th day of June, 2023. PEG L. ALLISON Clerk of District Court By: RACHAEL C. PARRA Deputy Clerk June 30, July 7, 14, 2023 MNAXLP __________________________
No. 29587 NOTICE OF TRUSTEE’S SALE Pursuant to the Small Tract Financing Act of Montana, the following described real property and appurtenances located at 3542 East Lakeshore Drive, Whitefish, MT 59937 (the “Property”) shall be sold at public auction on NOVEMBER 17, 2023, at 11:00 AM, located at the East Door of the Flathead County Justice Center, 920 South Main Street, Kalispell, MT 59901: The Land is described as follows: Tract 1: Lots 29, 30, 31, 32 and 33 of Britells Point of Pines, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Shown as Tract 1 of Certificate of Survey No. 14355 Tract 2: Lot 28 of Britells Point of Pines, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Tract 3: A tract of land situated, lying and being in Government Lot 4, Section 4, Township 31 N, Range 22 W; P.M.M., Flathead County, Montana, and more particularly described as follows: Commencing at the NE corner of Government Lot 4, Section 4, Township 3 1 N, Range 22 W, P.M.M., Flathead County Montana; thence along the North boundary of said Section 4, North 89°52’00” West, 138.68 feet to a point on the Northerly right-of-way of a county road known as Pines Lane, which is the Tine Point of Beginning of the tract of land herein described; thence along said right-of-way South 62°20’00” West, 8.71 feet to a point and the p.c. of a 280.00 foot radius curve, concave Southeasterly, having a central angle of 28°50’00” thence along an arc length of 140.91 feet; thence South 33°30’00” West, 133. 76 feet to a point and the p.c. of a 70.00 foot radius curve, concave Northeasterly, having a central angle of 124°40’00” thence along an arc length of 152.31 feet; thence North 21°50’00” West, 105.92 feet to a point and the p.c. of a 330.00 foot radius curve, concave Southwesterly, having a central angle of 20°23’41” thence along an arc length of 117.46 feet to a point on said North boundary of Section 4; thence South 89°52’00” East, 409. 73 feet to the Point of Beginning. Shown as Tract 2 of Certificate of Survey No. 14355, a tract of land situated, lying and being in Government Lot 4 of Section 4, Township 31 North, Range 22 West, P.M.M., Flathead County, Montana. By Deed of Trust dated 8/26/2022, recorded on 8/31/2022, as Document No. 202200023267 (the “Deed of Trust”), Richard Glenn Anderson, a married man as his sole and separate property (the “Grantor”) conveyed the Property to FJM Management, LLC a California Limited Liability Company, as Trustee, to secure an obligation owed to Northern California Mortgage Fund XVI, LLC, A Delaware Limited Liability Company, As To An Undivided 100.00% Interest, as Beneficiary; and Michael H. Hekman (the “Trustee”) with a mailing address c/o IDEA Law Group, LLC, 4530 S. Eastern Ave., Ste. 10, Las Vegas, NV 89119, is successor Trustee pursuant to a Substitution of Trustee recorded on June 14, 2023, as Document No. 202300008947; all on the records of the Clerk and Recorder of Flathead County, Montana. The Beneficiary has declared a default in the terms of the Deed of Trust due to the Grantor’s failure to make monthly payments on the obligation secured by the Deed of Trust, beginning 1/1/2023, according to the terms of the Note secured by the Deed of Trust. Due to said default, the Beneficiary has declared all sums owing on the obligation secured by the Deed of Trust immediately due and payable. The total amount due on this obligation is the principal sum of$5,000,000.00, plus interest in the amount up to $493,687.22, other amounts due and payable up to the amount of $131,214.14 for a total amount owing of up to $5,624,901.36 plus accruing interest, late charges, and other fees and costs that may be incurred or advanced to the maximum amount permitted under applicable Montana law. The Beneficiary has elected to sell the Property to satisfy the obligation. 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 to the extent allowed under Montana law. 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, to the extent allowed by Montana law. 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, pay the entire amount then due under the Deed of Trust and the obligation secured thereby (including costs and expenses actually incurred and reasonable trustee’s fees and attorney’s fees) other than the portion of the principal that would not then be due if a default had not occurred and cure the existing default. In the event all defaults are cured, the sale will be canceled. 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 acceptable to the trustee valid money orders, certified checks, or cashier’s checks). The Property will be conveyed 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, subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. 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 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. Dated: July 6, 2023. Michael H. Hekman, Trustee A-4790346 July 14, 21, 28, 2023 MNAXLP __________________________
No. 29589 TRUMAN STORAGE LIEN SALE The stored property listed below will be sold to satisfy the back rents if not paid before July 14, 2023. Sale will be held on site on Saturday July 15, 2023 at 10:00 a.m. No partial payments will be accepted. Cash, money order or credit card only, and all property must be removed by the following Tuesday after the purchase – NO EXCEPTION. Robert Meredith B-43 Brenda Wolff C-23&24 Sharon Furey E-58 Laura Black D-74, E-74, GRV-46 Theresa Chabot GRV-31 July 13, 14, 2023 MNAXLP __________________________
No. 29590 PUBLIC NOTICE The Flathead County Board of Commissioners approved payroll and claims for payment in the amount of $7,887,838.53 for the period beginning June 1, 2023 and ending June 30, 2023. The full and complete claim list is available for public view in the Finance Office, Flathead County Courthouse, 800 S Main, Room 214, Kalispell, Montana or online at https://flathead.mt.gov/finance/. Individual requests for personal copies will be accepted by the Finance Office. Claims for the month of June 2023 are approved this 5 th day of July, 2023. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Brad W. Abell Brad W. Abell, Chairman By: /s/ Debbie Pierson Debbie Pierson, Clerk & Recorder July 14, 2023 MNAXLP __________________________
No. 29591 PUBLIC NOTICE The minutes of the proceedings for the Flathead County Board of Commissioners for the period beginning June 1, 2023 and ending June 30, 2023 are available for public review and are published online at https://flathead.mt.gov/department-directory/commissioners-office/current- minutes. Individual requests for personal copies will be accepted by the Clerk of the Board, Flathead County Courthouse, 800 S Main, Room 302, Kalispell, Montana. Minutes for the month of June 2023 are approved this 5 th day of July, 2023. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Brad W. Abell Brad W. Abell, Chairman By: /s/ Debbie Pierson Debbie Pierson, Clerk & Recorder July 14, 2023 MNAXLP __________________________
No. 29596 DISPOSAL OF PROPERTY RESOLUTION WHEREAS, Section 20-6-604, Montana Code Annotated, provides in pertinent part: (1) Whenever the trustees of a district determine that a site, building, or any other real or personal property of the district is or is about to become abandoned, obsolete, undesirable, or unsuitable for the school purposes of the district, the trustees may sell or otherwise dispose of the real or personal property. If a decision to sell or dispose of property is made, the trustees shall adopt a resolution to sell or otherwise dispose of the district real or personal property because it is or is about to become abandoned, obsolete, undesirable, or unsuitable for the school purposes of the district. (2) The resolution may not become effective for 14 days after the notice required in subsection (3) is made. (3) The trustees shall provide notice of the resolution in the manner required for school elections in 20-20-204. WHEREAS, pursuant to Section 20-6-604, Montana Code Annotated, the Board of Trustees of West Valley School District, has found that (See Attached) is obsolete, undesirable, or unsuitable for school purposes; NOW, THEREFORE, BE IT RESOLVED, the Board of Trustees of West Valley School District, shall place the following real property on the open market, advertise the real property as being for sale and sell the same if a qualified buyer makes an acceptable offer to The District: BE IT FURTHER RESOLVED, in accordance with District practice and as required by Sections 20-6-604 and 20-20-204, Montana Code Annotated, this Resolution shall be posted in three different places in the district and published in (insert name of newspaper), the newspaper of general circulation in The District. BE IT FURTHER RESOLVED, the resolution shall become effective fourteen (14) days after such publication and posting if, in accordance with Section 20-6-604, Montana Code Annotated, no taxpayer appeals this Resolution prior to July 4, 2023, by filing a verified petition with the Clerk of the District Court setting out in detail the objections to the adoption of the Resolution or the disposal of the property and serving a copy of such petition upon the School District. DATED this 19 day of June, 2023 BOARD OF TRUSTEES West Valley School District Marilyn Hedstrom, Chairperson of the Board ATTEST: Cecilia Lewellen, Clerk of the Board July 14, 2023 MNAXLP __________________________
No. 29600 PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE COOP MANAGEMENT LLC (Johnathan Shockey, Owner(s)) has applied to do an entity type change for Montana All-Alcoholic Beverages License No. 07-912-1672-003 to be operated at BORN X BRANDED AT THE COOP, 810 1st Ave W, Columbia Falls, 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 07-912-1672-003 and the applicant’s name COOP MANAGEMENT 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 July 31, 2023. 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 Columbia Falls. 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. July 14, 21, 2023 MNAXLP __________________________