Legals for July, 28 2023
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. 29614 PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE AGAVE, INC. (Carmina Lopez, Owner(s)) has applied to transfer Montana All-Alcoholic Beverages License No. 07-901-2493-002 to be operated as LOS CAPORALES EVERGREEN, Kalispell, 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 07-901-2493-002 and the applicant’s name AGAVE, 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 August 7, 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 Kalispell. 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 21, 28, 2023 MNAXLP __________________________
No. 29616 PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP AND LOCATION OF MONTANA RESTAURANT BEER AND WINE LICENSE BELDI LLC (Adam Becker, Owner(s)) has applied to transfer Montana Restaurant Beer and Wine License No. 07-937-2524-402 to be operated at BELDI LLC, 306 2nd St E, 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 07-937-2524-402 and the applicant’s name BELDI 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 August 7, 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 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. July 21, 28, 2023 MNAXLP __________________________
No. 29620 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on November 7, 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 4 of Block 54 of Columbia Falls Townsite according to the official plat thereof, filed in official records of Flathead County, Montana. More commonly known as 727 2nd Avenue W, Columbia Falls, MT 59912. Barbara F. Proctor, as Grantor, conveyed said real property to First Choice Settlement, LLC, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Franklin First Financial, Ltd., Beneficiary of the security Instrument, its successors and assigns, by Deed of Trust on December 29, 2016, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on January 4, 2017 as Instrument No. 201700000186, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Finance of America Reverse LLC Assignment Dated: March 29, 2022 Assignment Recorded: April 11, 2022 Assignment Recording Information: as Instrument No. 202200009201 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 July 15, 2022, as Instrument No. 202200017443, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to the Grantor(s) failure to pay the real property taxes and insurance. 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 $79,325.96, interest in the sum of $28,524.88, and other amounts due and payable in the amount of $19,746.23 for a total amount owing of $127,597.07, 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 27th day of June, 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. MT11569 July 21, 28, August 4, 2023 MNAXLP __________________________
No. 29621 TANKO LAW OFFICE BRIAN C. TANKO, ESQ. Montana Bar No. 5194 392 - 1st Avenue East North Kalispell, MT 59901 Tel: (406) 257-3711 Fax: (406) 257-3722 Email: btanko@tankolaw.com Web: www.tankolaw.com Attorney for Estate MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In Re: The Estate of: MARY VAN LEER ROBERTSON, Deceased. Cause No.: DP-23-063(E) HON. DANNI A. COFFMAN District Court Judge 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 (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must either be mailed to PETER C. VAN LEER, the Personal Representative, return receipt, to: c/o Tanko Law Office, 392 – 1st Avenue E.N., Kalispell, MT 59901 or filed with the Clerk of the above Court. DATED this 6th day of July, 2023. /s/ Peter C. Van Leer PETER C. VAN LEER, Personal Representative Submitted by: TANKO LAW OFFICE /s/ Brian C. Tanko BRIAN C. TANKO, ESQ. Attorney for Personal Representative July 21, 28, August 4, 2023 MNAXLP __________________________