Legals for November, 17 2023
NO. 29865 PUBLIC OPPORTUNITY TO PROTEST ISSUANCE OF ONE NEW Montana All-Alcoholic Beverages with Catering Endorsement License GLACIER PERK COFFEE HOUSE, LLC (ASHLEY JENNINGS, Owner(s)) has applied for one new Montana All-Alcoholic Beverages with Catering Endorsement License No. 07-999-2354-002 to be operated at GLACIER PERKS COFFEE HOUSE & PUB, 7235 Us Highway 93, Lakeside, 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 07-999-2354-002 and the applicant’s name GLACIER PERK COFFEE HOUSE, 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 27, 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 Lakeside. 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. Oct. 27 and Nov. 3, 10, 17, 2023 MNAXLP __________________________
NO. 29881 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on March 11, 2024, 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 1 and the North One-Half of Lot 2, when measured parallel with the Northerly boundary of Lot 2 of Block 162 of Kalispell Townsite Company’s Addition No. One to Kalispell, 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 104 7th Ave West, Kalispell, MT 59901. Timothy R. Bishop, 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 Mann Mortgage LLC, Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on June 25, 2021, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on June 25, 2021 as Instrument No. 202100021739, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: PennyMac Loan Services, LLC Assignment Dated: August 23, 2023 Assignment Recorded: August 23, 2023 Assignment Recording Information: as Instrument No. 202300014976 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 6, 2023 as Instrument No. 202300017970, 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 May 1, 2023, 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 $311,767.07, interest in the sum of $5,910.59, escrow advances of $1,109.24, other amounts due and payable in the amount of $1,590.68 for a total amount owing of $320,377.58, 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 23rd day of October, 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. MT21777 Nov. 3, 10, 17, 2023 MNAXLP __________________________
NO. 29882 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on March 7, 2024, 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 5B of Wildcat Estates, 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 1304 Wildcat Dr, Columbia Falls, MT 59912. Edward A. Read, as Grantor, conveyed said real property to Alliance Title and Escrow Corp., as Trustee, to secure an obligation owed to Wells Fargo Bank, N.A., by Deed of Trust on February 10, 2020, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on February 10, 2020, as Instrument No. 202000003717, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Specialized Loan Servicing LLC Assignment Dated: February 2, 2022 Assignment Recorded: February 2, 2022 Assignment Recording Information: as Instrument No. 202200002893 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 September 8, 2023, as Instrument No. 202300015988, 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 $227,372.72, interest in the sum of $15,842.94, escrow advances of $5,529.38, other amounts due and payable in the amount of $1,496.53 for a total amount owing of $250.241.57, 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 18th day of October, 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. MT21662 Nov. 3, 10, 17, 2023 MNAXLP __________________________
NO. 29890 PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF Montana All-Alcoholic Beverages with Catering Endorsement License HOOCH WHITEFISH, LLC (Phurmented Phun, LLC and Cloud Rock, LLC , Owner(s)) has applied to transfer Montana All-Alcoholic Beverages with Catering Endorsement License No. 07-937-2642-002 to be operated at HOOCH, Tbd Tbd, Tbd, 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 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 07-937-2642-002 and the applicant’s name HOOCH WHITEFISH, 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 27, 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 Tbd. 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. Nov. 10, 17, 2023 MNAXLP __________________________
NO. 29893 MONTANA ELEVENTH JUDICIAL DISTRICT COURT FLATHEAD COUNTY In the Matter of the Estate of PAULINE GEORGIA WOODWARD, Deceased. Cause No. DP-23-312 NOTICE TO CREDITORS NOTICE IS HERBY GIVEN That Mark J. Woodward 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 either be mailed to the Personal Representative, Mark J. Woodward, return receipt requested, at 185 Arrow Dr, Sedona, AZ 86336, or filed with the Clerk of the above-entitled Court. Dated this 7th day of November, 2023 Mark J. Woodward, Personal Representative Nov. 10, 17, 24, 2023 MNAXLP __________________________
NO. 29906 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trusee’s Sale on March 21, 2024, 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 1A of the Amended Sudivision Plat of Lot 1, Koester Meadows and Lot 62, Green Tree Meadows, 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 93 Trails End Dr, Kalispell, MT 59901. Tanita J. Anderson, as Grantor, conveyed said real property to Fidelity National Title Company of Flathead Valley, LLC, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Bay Equity LLC, Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on December 20, 2019, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on January 2, 2020 as Instrument No. 202000000014, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Nationstar Mortgage LLC Assignment Dated: September 22, 2023 Assignment Recorded: September 29, 2023 Assignment Recording Information: as Instrument No. 202300017300 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 19, 2023, as Instrument No. 202300018818, 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 May 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 $187,701.57, interest in the sum of $11,340.13, escrow advances of $4,366.79, other amounts due and payable in the amount of $428.88 for a total amount owing of $203,837.37, 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 expenes 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 October, 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. MT21768 Nov. 17, 24 and Dec. 1, 2023 MNAXLP __________________________
NO. 29909 CALL FOR BIDS Notice is hereby given that the Board of County Commissioners of Flathead County, Montana, will receive bids for One (1) New Excavator for the Flathead County Solid Waste District. Specifications may be obtained from the Flathead County Solid Waste District, 4098 Highway 93 North, Kalispell, MT 59901. Delivery/shipping will be F.O.B. to the Flathead County Solid Waste District at 4098 Highway 93 North, Kalispell, Montana, 59901, within thirty (30) days of the signing of a contract for purchase. Each bidder must deposit with his bid, a bid security in the amount of ten percent (10%) of his bid to secure the bidder’s express covenant that if the bidder is awarded the contract, the bidder will, within ten (10) days, enter into a formal contract for the purchase and sale of said unit. Bid security shall be payable to Flathead County and shall be in the form of lawful money of the United States; a cashier’s check, certified check, bank money order or bank draft issued by a Montana bank, or a bid bond executed by a surety corporation authorized to do business in Montana. The form of contract and the bid form to be signed are on file and may be obtained at the County Commissioners’ Office, located on the third floor of the old courthouse in Kalispell, Montana. The bidder shall include with his bid a contract form to be executed by the parties. Flathead County reserves the right to negotiate the terms of said proposed contract (excluding prices contained therein) and to consider the terms of said proposed contract, including warranty provisions, in determining the award of bid. All sealed bids, plainly marked “New Excavator”, must be in the hands of the Clerk to the Board of County Commissioners, 800 South Main, Room 302, Kalispell, Montana 59901, on or before November 27, 2023 at 4 o’clock p.m.. Bids will be opened and read the following morning. The Board of County Commissioners reserves the right to reject any and all bids and to accept the bid deemed to be in the best interest of Flathead County. The award of a bid will be made solely by the issuance of a letter of award to the successful bidder by the Office of the Flathead County Clerk and Recorder. Dated this 14th day of November, 2023. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By:/s/Brad W. Abell Brad W. Abell, Chairman Nov. 17, 24, 2023 MNAXLP __________________________
NO. 29911 Canvas of Votes and Declaration of Results Canvass of Votes cast at the Marion School District No. 54 election, Flathead County, on the 7th of November 2023. Vote for Levy/Proposition VOTES FOR 141 VOTES AGAINST 405 Marion School Bond Election We hereby certify that this constitutes a full, true and complete canvass of the number of votes cast, and declaration of results of Marion School District, No. 54, Flathead Counties for the proposition enumerated. Attest my hand the 13th day of November 2023. Board of Trustees: Lily Brower Cherie Stobie Annie Westphal Kami Johnson Shannon Kvaalen, Election Administrator Nov. 17, 2023 MNAXLP __________________________
NO. 29914 PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF Montana All-Alcoholic Beverages with Catering Endorsement License BENTON PUB LLC (Brandon Roberts and Stacia Fuzesy, Owner(s)) has applied for a corporate structure change Montana All-Alcoholic Beverages with Catering Endorsement License No. 07-999-2344-002 to be operated at NIMBLE GOAT, 8541 Montana Hwy 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 07-999-2344-002 and the applicant’s name BENTON 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 December 4, 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 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. Nov. 17, 24, 2023 MNAXLP __________________________