Legals for October, 10 2023
No. 29721 NOTICE OF PUBLIC HEARING The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 76-2-205(1), M.C.A., that it will hold a public hearing to consider a request to change the zoning designation in a portion of the Evergreen Zoning District from R-1 ‘Suburban Residential’ to B-2 ‘General Business’. Tract 1 of Certificate of Survey No. 22527, a tract of land situated, lying and being in the Southwest Quarter of the Northeast Quarter of Section 33, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The regulations defining the R-1 and B-2 zones are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Commissioners, located at 800 South Main, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Flathead County Planning and Zoning Office’s website, at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed zone change are also on for file for public inspection at the Office of the Board of Commissioners and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 17th day of October, 2023, at 10:30 a.m., in the Commissioner’s Chambers, Third Floor, Old Courthouse, Kalispell, Montana. At the public hearing, the Board of Commissioners will give the public an opportunity to be heard regarding the proposed change to the text of the Flathead County Zoning Regulations. Written comments are encouraged and will be reviewed by the Commissioners prior to the hearing if received by the Flathead County Commissioners’ Office at least three business days prior to the hearing. DATED this 31st day of August, 2023. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/Brad W. Abell Brad W. Abell, Chairman October 3, 10, 2023 MNAXLP __________________________
NO. 29776 MONTANA WATER COURT CLARK FORK DIVISION CLARK FORK RIVER BELOW THE FLATHEAD RIVER BASIN 76N ALL WATER USERS NEED TO READ THIS NOTICE The MontanaWater Court has entered its Preliminary Decree for Basin 76N and the Decree is now available for your review. The Decree and the forms are available at these locations: * Montana Water Court website: https://courts.mt.gov/Courts/Water/ Notices-Info/ * Montana DNRC website: http://dnrc.mt.gov/ divisions/water/adjudication * Montana Water Court: 1123 Research Drive Bozeman, MT 59718; 406-586-4364 * Montana DNRC, Water Rights Adjudication Office: 1424 9th Avenue, Helena, MT 59620; 406-444-0560 * Montana DNRC, Water Resources Regional Office: 655 Timberwolf Parkway, Ste 4, Kalispell, MT 59901; 406-752-2288 OBJECTIONS All objections must be filed on the forms provided by the Water Court and must be received at the Water Court by March 19, 2024. Objections can be filed electronically at watercourt@mt.gov or sent to Montana Water Court, PO Box 1389, Bozeman, MT 59771. EXTENSIONS The Water Court may grant a request for an extension of the time for filing objections. A request for an extension must be received by the Water Court on or before March 19, 2024. If an extension is granted, it will apply to everyone. Any extension will be posted at the offices listed above and will be advertised once in this newspaper. RIGHT TO APPEAL If you do not participate in Water Court proceedings, your right to appeal an adverse decision is limited by Section 85-2-235, MCA. If changes were made to your abstract, you may challenge those changes by filing an objection. You may also address DNRC issue remarks by an objection. If there are changes and/or issue remarks on your abstract which are not resolved by an objection, these will be addressed and resolved by the Water Court. MEETINGS The Water Court will be offering an in-person meeting to explain the objection process on the following date: • Saturday, October 21, 2023, at 10:00 a.m. o The Rex Theater, 1033 W. Main St., Thompson Falls, MT 59873 The Water Court will be offering a call-in meeting to explain the objection process on the following date: • Tuesday, January 9, 2024, at 12:00 p.m. o Dial (406) 318-5487 o At the prompt enter code 924 818 815 Sept. 26, and Oct. 3, 10, 2023 MNAXLP __________________________
NO. 29777 Connor C. Walker Frampton Purdy Law Firm 530 W. 19th St., Suite 301 Whitefish, MT 59937 (406) 862-9600 connor@framptonpurdy.com Attorneys for Personal Representative, Mary Foot MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In the Matter of the Estate of GEORGE FOOT, Deceased. Cause No. DP-22-57 Hon. Robert B. Allison NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that Mary Foot has been appointed Personal Representative of the above-named estate. All persons having claims against the Decedent are required to present their claims within four (4) months after the date of first publication of this notice or said claims will be forever barred. Claims must either be filed with the Clerk of Court, or mailed to Mary Foot c/o Frampton Purdy Law Firm, 530 West 19th Street, Whitefish, MT 59937-2576. DATED this 21st day of September, 2023. FRAMPTON PURDY LAW FIRM Attorneys for Personal Representative By: Connor C. Walker Connor C. Walker Sept. 26, and Oct. 3, 10, 2023 MNAXLP __________________________
NO. 29794 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 Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In Re: The Estate of: PATRICIA ANN HURLEY, Deceased. Cause No.: DP-23-269 AMY EDDY 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 Kirk Engel, 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 28th day of September, 2023. /s/ Kirk Engel KIRK ENGEL, Personal Representative Submitted by: TANKO LAW OFFICE /s/ Brian C Tanko BRIAN C. TANKO, ESQ. Attorney for Personal Representative Oct. 3, 10, 17, 2023 MNAXLP __________________________
No. 29813 Montana Eleventh Judicial District Court Flathead County In the Matter of the Name Change of Johnetta Jean Beauregard Johnetta Jean Beauregard Petitioner Cause No.: DV.23-1085 Amended Dan Wilson Notice of Hearing on Name Change This is notice that Petitioner has asked the District Court for a change of name from Johnetta Jean Beauregard to Joni J Beauregard. The hearing will be on 12/5/2023 at 1:30 p.m. The hearing will be at the Courthouse in Flathead County. Date: October 4, 2023 PEG L. ALLISON Clerk of District Court BY: /s/ Rachael Parra Deputy Clerk of Court Oct. 10, 17, 24, 31, 2023 MNAXLP __________________________
NO. 29816 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on February 8, 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 69 of Happy Valley Home Sites, 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 277 Hare Trail, Whitefish, MT 59937. Dennis P. Corbett and Marie R. Corbett, as Grantors, conveyed said real property to Insured Titles, LLC, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Caliber Home Loans, Inc., Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on November 19, 2020, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on November 19, 2020 as Instrument No. 202000039169, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Caliber Home Loans, Inc. Assignment Dated: May 24, 2022 Assignment Recorded: May 25, 2022 Assignment Recording Information: as Instrument No. 202200013438 Assignee: NewRez LLC d/b/a Shellpoint Mortgage Servicing Assignment Dated: December 29, 2022 Assignment Recorded: December 29, 2022 Assignment Recording Information: as Instrument No. 202200031041 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 August 4, 2022, as Instrument No. 202200020450, 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 November 1, 2021, 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 $342,122.18, interest in the sum of $15,585.33, and other amounts due and payable in the amount of $6,913.85 for a total amount owing of $364,621.36, 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 26th day of September, 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. MT11629 Oct. 10, 17, 24, 2023 MNAXLP __________________________