Legals for February, 25 2024
NO. 30016 NOTICE OF CLASS ACTION Beck, et al. v. City of Whitefish Case No. CV 22-44-M-KLD United States District Court for the District of Montana THIS IS A NOTICE OF CLASS ACTION LITIGATION THAT MAY AFFECT YOUR RIGHTS IF YOU BORE THE COST OF WATER AND/OR WASTEWATER IMPACT FEES PAID TO THE CITY OF WHITEFISH TO DEVELOP PROPERTY YOU OWNED UNDER ITS EFFECTIVE RATES FROM JANUARY 1, 2019, TO DECEMBER 31, 2023. The United States District Court for the District of Montana in the Missoula Division (the “Court”) authorized this notice but has not yet decided on the merits of the claims made in the above-referenced litigation. • In Montana, impact fees are charges “imposed upon development by a governmental entity as part of the development approval process to fund the additional service capacity required by the development.” Montana Code Annotated Section 7-6-1601(5). • The City of Whitefish (the “City”) charges impact fees for development within Whitefish city limits, including new construction, remodels, and renovations. The City conditions its issuance of building permits on payment of these fees, if applicable. • In 2022, several persons and entities (the “Plaintiffs”) who had paid impact fees to the City to develop their properties filed this lawsuit claiming that, since 2019, the City has charged excessive water and wastewater impact fees in violation of the United States Constitution and Montana law. • On September 29, 2023, the Court entered an order allowing the lawsuit to proceed as a class action. • A class action is a case in which one or more persons sue on behalf of other people who have substantially similar claims. Those people together are a “Class” and anyone within the Class is a “Class Member.” • The Court has defined the Class in this lawsuit as: All persons or entities who bore the cost of impact fees for water and wastewater services to the City of Whitefish from January 1, 2019, to the present. • The Court has appointed the Plaintiffs’ lawyers in this lawsuit as Class counsel to represent the interests of the entire Class. • Class Action Notice letters are being sent out to potential Class Members who owned property for which water and/or wastewater impact fees were paid between January 1, 2019, to December 31, 2023, and whose last known mailing address could be obtained. If you believe you or your company is a potential class member and you did not receive a mailed or emailed notice letter, please contact the Class counsel whose information is provided at the end of this notice. OPTIONS AND LEGAL RIGHTS OF POTENTIAL CLASS MEMBERS: 1. If you so request, by completing and submitting a “CLASS OPT OUT FORM” on or before March 18, 2024, the Court will exclude you from the Class, and therefore from this litigation. 2. If you do not opt out of the Class, you will remain a potential Class Member. The final judgment, whether favorable to the Class Members or against them, will be binding on all Class Members who do not opt out of the Class by requesting exclusion. 3. As a potential Class Member, more information may be required of you to determine your eligibility to receive refunds for any impact fee amounts ultimately deemed unlawful by the Court. Please complete and submit a “CLAIM INFORMATION FORM” to receive updates on the lawsuit and ensure you can be easily contacted if more information is needed from you. 4. Any Class Member who does not opt out of the Class will be bound by any judgment rendered by the Court, whether favorable to the Class or the City. Class members may still choose to acquire their own lawyer to represent their interests in this lawsuit. ***Forms can be found and completed online at http://montanaimpactfeeclassaction.com CLASS COUNSEL CONTACT INFORMATION Email info@montanaimpactfeeclassaction.com Laird Cowley, PLLC Phone: (406) 541-7400 Mailing Address: P.O. Box 4066 Missoula, MT 59806 Attorneys: Cory Laird Lindsay Mullineaux Riley Wavra Kovacich Snipes Johnson, PC Phone: (406) 500-5000 Mailing Address: P.O. Box 2325 Great Falls, MT 59403 Attorneys: Mark Kovacich Caelan Brady A class action website with more information on the lawsuit and important case filings is also being maintained at http://montanaimpactfeeclassaction.com. Jan. 21, 28 and Feb. 4, 11, 18, 25 and March 3, 10, 2024 MNAXLP __________________________
NO. 30077 PUBLIC NOTICE INVITATION TO BID Polson School District #23 Cherry Valley and Linderman Elementary Schools Remodel & Addition Project Swank Enterprises on behalf of Polson School District #23, Lake County, Polson, Montana is requesting Bids for the Cherry Valley and Linderman Remodel & Addition Bid Package Two. This project will take place through the Fall of 2024 and consists of building finishes, mechanical, plumbing, electrical, and site improvements for 28,000 sf of additions, and remodeling of the existing buildings. The building shells for both additions are currently under construction and will be dried in April 2024. Bid Package TWO – Building Finishes, Mechanical, Plumbing, Electrical, Site Improvements, The Contract Documents consisting of Drawings and the Project Specification Manual will be available February 12, 2024. Documents may be viewed or obtained on-line at the Montana Plans Exchange or at the office of Swank Enterprises, 750 West Reserve Drive, Kalispell, MT. It is the bidder’s responsibility to acquire and acknowledge all addenda issued during the bid process. Bids will be accepted by: 1. Email to leaann@swankenterprises.com 2. Delivered to Lea Ann Noffsinger, Swank Enterprises, 750 W. Reserve Dr. Kalispell, MT 59901. Bids are due before 3:00 PM (local time), Thursday, February 29, 2024. Bids must be plainly marked, “Cherry Valley and Linderman Remodel & Addition Bid Package Two” All Bids must be submitted on the Bid Form found in the Specifications, complete per the Bid Package descriptions and signed by an officer or a person duly authorized to sign Bids. All Bids shall be valid for a period of 45 days after the bid date. Late Bids will not be opened. Access to the existing buildings prior to bidding will be made available upon request. All bids shall include the cost of the following: 1. 1% Montana Gross Receipts Construction Tax 2. Current Montana State Prevailing Wages 3. Permits specific to the bid scope of work Each Contractor will be required to have a certificate of registration from the Employment Relations Division of the Montana Department of Labor and Industry in the proper classification. Polson School District reserves the right to reject any or all Bids, to waive formalities and to accept the Bid(s) deemed most advantageous to them. All bids will be post-qualified by Swank Enterprises. Please contact Swank Enterprises with questions. Grant Kerley Swank Enterprises 750 West Reserve Drive Kalispell, MT 59901 grant@swankenterprises.com Feb. 11, 18, 25, 2024 MNAXLP __________________________
NO. 30084 C. Mark Hash Hash, O’Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. W., P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 cmhash@hashlaw.com MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In The Matter of The Estate of: Diane Marie Wiggin, Deceased. Cause No. DP-24-24C 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 Robert G. Torgerson, the personal representative, 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 this 7th day of February 2024. /s/ Robert G. Torgerson Personal Representative Hash, O’Brien, Biby & Murray, PLLP By /s/ C Mark Hash Attorneys for the personal representative Feb. 11, 18, 25, 2024 MNAXLP __________________________
NO. 30085 C. Mark Hash Hash, O’Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. W., P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 cmhash@hashlaw.com MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In The Matter of The Estate of: Lydia Ann Eastburn, Deceased. Cause No. DP-24-13A 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 Cecelia M. Eastburn, the personal representative, 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 this 7th day of February 2024. Cecelia M. Eastburn Personal Representative Hash, O’Brien, Biby & Murray, PLLP By C Mark Hash Attorneys for the personal representative Feb. 11, 18, 25, 2024 MNAXLP __________________________
NO. 30100 C. Mark Hash Hash, O’Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. West P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 cmhash@hashlaw.com MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In the Matter of the Estate of: Catherine Marie Richter, Deceased. Cause No. DP-24-36(C) 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 Edward J. Richter, Personal Representative, 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: February 14, 2024. Edward J. Richter Personal Representative HASH, O’BRIEN, BIBY & MURRAY, PLLP C. Mark Hash Attorneys for the Personal Representative Feb. 18, 25 and March 3, 2024 MNAXLP __________________________
NO. 30101 C. Mark Hash Hash, O’Brien, Biby & Murray, PLLP Attorneys at Law 136 1st Ave. W., P. O. Box 1178 Kalispell, MT 59903-1178 (406) 755-6919 cmhash@hashlaw.com MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In The Matter of The Estate of: Gerald Alan Meerkatz, Deceased. Cause No. DP-24-37(A) NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned has been appointed person-al 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 Tori E. Meerkatz, the personal representative, 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 this 12th day of February 2024 Tori E. Meerkatz Personal Representative Hash, O’Brien, Biby & Murray, PLLP By C Mark Hash Attorneys for the personal representative Feb. 18, 25 and March 3, 2024 MNAXLP __________________________
NO. 30104 Karl K. Rudbach HASH, O’BRIEN, BIBY & MURRAY, PLLP 136 First Avenue West Kalispell, MT 59901 Telephone: (406) 755-6919 karl@hashlaw.com Attorneys for Per Grimm Storli MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In the Matter of the Estate of Probate No. DP-23-356(D) WINNIFRED STORLI, Deceased. NOTICE OF HEARING ON COUNTER PETITION FOR FORMAL PROBATE OF WILL, DETERMINATION OF TESTACY AND HEIRS AND APPOINTMENT OF PERSONAL REPRESENTATIVE NOTICE IS HEREBY GIVEN that Per Grimm Storli of 2237 MT HWY 28, Hot Springs, MT 59845, has filed in the above Court and cause a Counter-Petition for the formal probate of the July 13, 2023 Will of Winnifred Storli, deceased, for determining testacy and heirs, and for the appointment of Per Grimm Storli as Personal Representative of said Will and estate. For further information, the Counter-Petition, as filed, may be examined in the office of the clerk of the above Court. Hearing upon said Counter-Petition will be held on Tuesday, the 2nd day of April, 2024, at 3:30 o’clock p.m., on the third floor of the Flathead County Justice Center, Flathead County, Montana. All interested persons may appear and object at said hearing. DATED this 15th day of February, 2023. /s/ Karl K. Rudbach Attorneys for Counter-Petitioner Feb. 18, 25 and March 3, 2024 MNAXLP __________________________
NO. 30109 SECTION 00100 INVITATION TO BID The Board of County Commissioners of Flathead County, Montana will receive sealed bids for the West Cottonwood Drive Improvements Project - 2024. The project primarily consists of furnishing materials, labor, and equipment required to complete infiltration stormwater drainage improvements and street rehabilitation of approximately 200 feet of West Cottonwood Drive. Digital project bidding documents are available upon request from the office of Robert Peccia & Associates (RPA), 102 Cooperative Way, Suite 300, Kalispell, Montana 59901, (406) 752-5025. Contact Robert Peccia & Associates for a digital copy of the bidding documents. You may download and print the Contract Documents at no charge from their website, www.rpa-hln.com/projects-bidding , however, all Prime Contractors that intend to offer a bid for this project must contact Robert Peccia & Associates at the address stipulated above to obtain an “Official” Bid Packet, at no charge, and to get their name added to the Planholders List. The entire set of project documents may also be obtained, in the form of printed plans, contract documents, specifications, and an “Official” Bid Packet for a non-refundable deposit of $100.00, if the Contractor chooses not to download and print their own documents. No bids will be considered unless they are submitted with the “Official” Bid Packet and the Contractor’s name has been included on the Planholders List. The Contractor and any of the Contractor’s Subcontractors bidding or doing work on this project are required to be registered with the Montana Department of Labor and Industry (DLI) at the time of bid submission. Forms for registration are available from the Department of Labor and Industry, PO Box 8011, 1805 Prospect, Helena MT 59604-8011. Information on registration can be obtained by calling (406) 4447734. The Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin. Any bidder wanting more information may contact Robert Peccia & Associates at (406) 752-5025. A Pre-Bid Meeting will be held at the office of Robert Peccia & Associates, 102 Cooperative Way, Suite 300, Kalispell, Montana 59901 at 1:00 PM on Thursday, March 7, 2024. Interested Bidders are encouraged to attend the Pre-Bid Meeting. Bids will be received at the Board of County Commissioners of Flathead County, 800 South Main Street, Room 302, Kalispell, Montana 59901 until 4:00 PM, local time, on Wednesday, March 13, 2024. All bids will be publicly opened and read aloud at 9:00 AM, local time, Thursday, March 14, 2024, in the Commissioners’ Chambers, located on the third floor of the County Courthouse. All bidders shall, as bid security, accompany the bid with 1) lawful currency of the United States or a cashier’s check; or 2) a certified check or bank money order drawn and issued by a national bank located in Montana or by a banking corporation incorporated in Montana; or 3) a bid bond or bonds, executed by a surety corporation authorized to do business in Montana. The bid security shall be in the amount often percent (10%) of the amount bid. Any such bank instrument shall be payable to Flathead County. If a contract is awarded, the bidder whose bond is accepted and who shall thereafter refuse to enter into and execute the proposed contract, or as stated in the covenant, shall absolutely forfeit such moneys or bank instruments to the County, and become immediately liable on said bid bond in said sum. The bid security shall be returned to the unsuccessful bidders. All bids must expressly covenant that if the bidder is awarded the contract, the bidder shall within ten (10) calendar days of the acceptance of said bid by the County Commissioners, enter into a contract, and give good and sufficient bond to secure the performance of the terms and conditions of the contract. In the event the successful bidder does not enter into a formal contract within ten (10) calendar days or give sufficient bond to secure performance, the bidder shall pay unto the County the difference between the amount of the bid of said bidder and the amount for which the County legally contracts with another party to perform said work if the latter amount is more than the former. Award of the project will be contingent upon funding and award concurrence from the County Commissioners. Bids may only be withdrawn as provided in Article 15 of the Instructions to Bidders after the scheduled time for the public opening of bids. Except as provided in the aforementioned Article 15, no bid shall be withdrawn after the opening of bids without the consent of the County Commissioners for a period of sixty (60) days after the scheduled time of receiving the bids. The County will accept the lowest responsible bid, but the County Commissioners reserve the right to reject any and all bids or to waive any technicality or informality and accept any bid which may be deemed in the best interest of the County. The successful bidder will be required to furnish an acceptable security for the full amount of the contract for faithful performance thereof and payment of labor, material, and subcontractor claims. The successful bidder shall be required to furnish to the County evidence of insurance in accordance with the Seventh Edition of the Montana Public Works Standard Specifications. The successful bidder shall for the purpose of the Contract with the County, name Flathead County and Robert Peccia & Associates, Inc. as additional insured on said policy while performing work under County contract. The successful bidder will be assessed the Montana Contractor’s withholding tax. The successful bidder will be required to abide by Federal and State laws, particularly Section 18-2-401 et seq., M.C.A. (Montana Prevailing Wage Rates). Authorized by order of the Board of County Commissioners of Flathead County, Montana, in a regular meeting dated this 20th day of February, 2024. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: Randy Brodehl Randy Brodehl, Chairman Feb. 25 and March 3, 2024 MNAXLP __________________________
NO. 30110 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY PLANNING BOARD REGULAR MEETING The Flathead County Planning Board will hold their regular meeting on Wednesday, March 13, 2024, beginning at 6:00 PM in the 2nd floor conference room of the South Campus Building, 40 11th Street West, Kalispell, Montana. During this meeting, the Board will hold a public hearing to consider the agenda items described below and make a recommendation to the Board of County Commissioners who will take final action. 1. A request by Somers Project, LLC and Somers Property, LLC, with technical assistance from Morrison-Maierle for preliminary plat approval of Steamboat Landing, a proposal to create 180 single family residential lots and 5 condominium lots on a 63.59-acre property. The condominium lots would include a total of 72 units. The proposed subdivision would be served by the Somers Water & Sewer District. Access to the proposed lots would be from new internal subdivision roads via Sunnybrook Lane and Somers Road. The property is located at 603 Somers Road, Somers, MT and can legally be described as follows: Tract 1: Parcel B of Certificate of Survey No. 16017, located and being in the North Half of the Southwest Quarter and in the Southwest Quarter of the Northwest Quarter of Section 24, Township 27 North, Range 21 West, P.M.M., Flathead County, Montana. Excepting Therefrom Parcel A of Certificate of Survey No. 20777, located and being in the Northwest Quarter of the Southwest Quarter of Section 24, Township 27 North, Range 21 West, P.M.M., Flathead County, Montana Tract 2: A 60-foot roadway and utility easement for access from the County Road on the East as shown on Certificate of Survey No. 3935, granted in Notice of Purchaser’s Interest recorded July 26, 1978 in Book 648, page 152 and Warranty Deed recorded July 7, 1995 as Document No. 95-188-15540 2. A request from Carver Engineering, on behalf of Reddig Family Trust for preliminary plat approval of Glacier Landing, a proposal to create 35 single family residential lots, 8 multi-family units, and 3 commercial lots on 29.610 acres. The proposed subdivision would be served by the Glacier Ranch Public Water & Sewer District. Access to the proposed lots would be from Highway 2 East and Birch Grove near Columbia Falls, MT. The property is located at 3756 US Highway 2 E, Kalispell, MT and can legally be described as Tract 1 of Certificate of Survey No. 15211 in Section 10, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. 3. A request by the Flathead County Planning Board for an amendment to the Flathead County Growth Policy, specifically to update Chapters 4 and 5 in accordance with MCA 76-1-601(3)(f)(iii). Documents and maps pertaining to these agenda items are on file for public inspection in the Flathead County Planning and Zoning Office, South Campus Building, 40 11th Street West, Ste. 220 in Kalispell. All decisions made by the Planning Board are considered recommendations and will be forwarded to the Board of County Commissioners for final action. Please check the County Commissioners page of the County website, http://flathead.mt.gov/commissioner, or contact the Commissioners’ office for the scheduled date and time of a particular item. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. For additional information contact the Flathead County Planning and Zoning Office at (406) 751-8200. Written comments are strongly encouraged to be submitted and should be received by the Flathead County Planning & Zoning Office no later than March 13, 2024 @ 5:00 p.m. Please note agenda items are subject to change without notice. Any modifications to agenda items will be posted on the county website, http://flathead.mt.gov/planning_zoning/events.php Please note agenda items are subject to change without notice. Persons with a disability may request a reasonable accommodation by contacting the Flathead County Planning & Zoning Office at 406-751-8200 or TTY (800) 335-7592, or call Montana Relay at 711. Requests should be made as early as possible to allow time to arrange the accommodation. /s/Erik K Mack Erik K. Mack,AICP Planning Director Feb. 25, 2024 MNAXLP __________________________
NO. 30111 NOTICE OF TRUSTEE’S SALE OF REAL PROPERTY AND PUBLIC SALE OF PERSONAL PROPERTY NOTICE IS HEREBY GIVEN by MICHAEL J. KLEPPERICH, of the public sale of the real property hereinafter described pursuant to the “Small Tract Financing Act of Montana” (Section 71-1-301, et seq., MCA), together with the public sale of the personal property hereinafter described pursuant to Section 30-9A-613 of the Montana Uniform Commercial Code. The following information is provided: THE NAME OF THE GRANTOR(S), ORIGINAL TRUSTEE, THE BENEFICIARY IN THE DEED OF TRUST AND THE SECURED PARTY, ANY SUCCESSOR IN INTEREST TO THE BENEFICIARY OR GRANTOR, ANY SUCCESSOR TRUSTEE, AND THE PRESENT RECORD OWNER: Grantor (Deed of Trust): HEATHER BRIANNA SULLIVAN, an unmarried person (“Sullivan”) Grantor (Consumer Loan Note, Security Agreement and Disclosure Statement): HEATHER BRIANNA SULLIVAN Original Trustee: OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Successor Trustee: MICHAEL J. KLEPPERICH, an attorney licensed to practice law in the State of Montana (the “Trustee”) Beneficiary: 21ST MORTGAGE CORPORATION (the “Bank”) Secured Party: 21ST MORTGAGE CORPORATION Present Record Owner of Real Property: HEATHER BRIANNA SULLIVAN Present Record Owner of Personal Property: HEATHER BRIANNA SULLIVAN THE DESCRIPTION OF THE REAL PROPERTY SECURED BY THE DEED OF TRUST IS: The real property and its appurtenances in Flathead County, Montana, more particularly described as follows: TRACT 4 OF CERTIFICATE OF SURVEY NO. 22271, LOCATED IN THE SOUTH 1/2 SECTION 4, TOWNSHIP 29 NORTH, RANGE 20 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. The Real Property may be more commonly known as 128 Back Forty Vw., Columbia Falls, MT 59912, or 2281 Highway 206, Columbia Falls, MT 59912. RECORDING DATA: The following instruments and documents have been recorded in the Clerk and Recorder’s Office in Flathead County, Montana. Deed of Trust dated February 17, 2023, and recorded February 24, 2023, as Instrument No. 2023-000-02786, Official Records of Flathead County, Montana; Substitution of Trustee dated December 11, 2023, and recorded December 13, 2023, under Document No. 202300022041, records of Flathead County, Montana. PERSONAL PROPERTY SUBJECT TO SALE: The personal property that will be sold at the sale is more particularly described as follows (the “Personal Property Collateral”): A 2023 Fleetwood Manufactured Home, Serial No. FLE230ID22-37788AB (the “Manufactured Home”), and all accessions, attachments, accessories, replacements and additions to the Manufactured Home, whether added now or later. THE DEFAULT FOR WHICH THE SALE IS MADE IS: Nonpayment of all principal, interest, and fees due under a certain Consumer Loan Note, Security Agreement and Disclosure Statement dated February 17, 2023, which is secured by the Deed of Trust and the Personal Property Collateral. Sullivan failed to make full payment due on June 3, 2023, and each payment due thereafter. THE SUMS OWING ON THE OBLIGATION SECURED BY THE DEED OF TRUST AND THE PERSONAL PROPERTY COLLATERAL AS OF FEBRUARY 9, 2024, ARE: Principal: $289,402.83 Interest: Interest continues to accrue at a rate of 10.200% per annum. As of February 9, 2024, the interest balance is $22,614.43. Fees: $946.15. The Bank anticipates and intends to disburse such amounts as may be required to preserve and protect the real property and the Personal Property Collateral, and for real property taxes that may become due or delinquent, unless such amounts or taxes are paid by Purcell or successor in interest to Purcell. If such amounts are paid by the Bank, the amounts or taxes will be added to the obligation secured by the Deed of Trust and the Personal Property Collateral. Other expenses to be charged against the proceeds of the sale include the Trustee’s and attorney’s fees, and costs and expenses of sale. THE TRUSTEE, AT THE DIRECTION OF THE BANK, HEREBY ELECTS TO SELL THE REAL PROPERTY AND PERSONAL PROPERTY COLLATERAL TO SATISFY THE AFORESAID OBLIGATIONS. THE DATE, TIME, PLACE AND TERMS OF SALE ARE: Date: June 13, 2024 Time: 11:00 a.m., Mountain Standard Time or Mountain Daylight Time, whichever is in effect. Place:Crowley Fleck PLLP office, 219 E. Center St., Kalispell, MT 59901. Terms: This sale is a public sale and any person, including the Bank, and excepting only the Trustee, may bid at the sale. The bid price must be paid in cash. The conveyance will be made to the high bidder by Trustee’s Deed and UCC Transfer Certificate. The Personal Property Collateral will be sold together with the real property. Accounting: Sullivan is entitled to an accounting of the unpaid indebtedness secured by the Deed of Trust and Personal Property Collateral. Grantor may request an accounting, at no charge, by contacting Michael J. Klepperich, P.O. Box 2529, Billings, MT 59103-2529, telephone no. (406) 252-3441. Dated this 12th day of February, 2024. /s/ Michael Klepperich MICHAEL J. KLEPPERICH Trustee STATE OF MONTANA : ss. County of Yellowstone This instrument was acknowledged before me on this 12th day of February, 2024, by MICHAEL J. KLEPPERICH, as Trustee. /s/ Sharon Skaggs Printed Name Sharon Skaggs Notary Public for the State of Montana Residing at Billings, Montana My Commission expires: 2-7-26 [NOTARY SEAL] File No. 091560-000073 Feb. 25 and March 3, 10, 2024 MNAXLP __________________________
NO. 30112 DOCUMENT 001113 - ADVERTISEMENT FOR BIDS 1.1 PROJECT INFORMATION A. Notice to Bidders: Qualified Bidders to submit bids for Project as described in this Document and in accordance with the Instructions to Bidders. B. Project Identification: Lake County Annex Office 1. Project Location: 106 4th Ave East, Polson MT 59860 C. Owner: Lake County, Polson MT 59860. 1. Owner’s Representative: Bill Barron – Lake County Commissioner 406-883-7278 bbaron@lakemt.gov D. Architect: A&E Design, Emma Survis 406-451-7310 esurvis@ae.design E. Construction Manager: Swank Enterprises, Jason Dwight 406-752-5411 jasond@swankenterprises.com F. Project Description: Project consists of a new three story office building for the Lake County Commissioners offices. Project will be a wood and steel framed building with interior and exterior finishes as described on the project documents. Site work and utility connections to City of Polson systems. The project is located in Polson Montana and is currently forecasted to be a 14 to 16 month duration. 1.2 BID SUBMITTAL AND OPENING A. Bid Submittal, Printed: Swank Enterprises will receive sealed Lump Sum bids until the Bid time and date at the location indicated below. Swank Enterprises will consider bids prepared in compliance with the Instructions to Bidders and delivered as follows: 1. Bid Date: March 14, 2024 2. Bid Time: 3pm, MST. 3. Location: Swank Enterprises, 750 West Reserve Drive Kalispell MT 59901 B. Bid Submittal, Electronic: Swank Enterprises will receive electronically submitted bids until the Bid time and date via web-based bidding management software. Swank Enterprises will consider bids prepared in compliance with the Instructions to Bidders and delivered as follows: 1. Bid Date: March 14, 2024 2. Bid Time: Not later than 3pm, MST. 3. Web-Based Bidding Management Software: Procore 1.3 BIDDING DOCUMENTS A. Bidding Documents, Electronic: Online access will be provided through Procore and the Plans Exchange 1.4 PREBID MEETING A. Prebid Meeting, In Person: A prebid meeting for all Bidders is tentatively scheduled for February 29, 2024 in Polson Montana for both the Lake County Annex and Jail Yard Projects. Final time and location to be determined if interest in having a prebid meeting is received from interested parties. 1.5 TIME OF COMPLETION A. By submitting a Bid, Bidder represents that Bidder will begin the Work on receipt of the Notice to Proceed and will complete the Work within the Contract Time indicated in the Bidding Documents. 1.6 LIQUIDATED DAMAGES A. Work is subject to liquidated damages. 1.7 BIDDER’S QUALIFICATIONS A. Licenses: Bidders must be properly licensed under the laws governing their respective trades. B. Insurance and Bonds: A Performance Bond, separate Labor and Material Payment Bond, and insurance in a form acceptable to Owner will be required of the successful Bidder. C. Contractor’s Qualification Statement: A completed AIA Document A305, “Contractor’s Qualification Statement,” with all exhibits will be requested from one or more Bidders following receipt of Bids. 1.8 NOTIFICATION A. This Advertisement for Bids document is issued by Jason Dwight, Project Manager, Swank Enterprises. Feb. 25 and March 3, 10, 2024 MNAXLP __________________________
NO. 30113 DOCUMENT 001113 - ADVERTISEMENT FOR BIDS 1.1 PROJECT INFORMATION A. Notice to Bidders: Qualified Bidders to submit bids for Project as described in this Document and in accordance with the Instructions to Bidders. B. Project Identification: Lake County Detention Yard 1. Project Location: 106 4th Ave East, Polson MT 59860 C. Owner: Lake County, Polson MT 59860. 1. Owner’s Representative: Bill Barron – Lake County Commissioner 406-883-7278 bbaron@lakemt.gov D. Architect: A&E Design, Emma Survis 406-451-7310 esurvis@ae.design E. Construction Manager: Swank Enterprises, Jason Dwight 406-752-5411 jasond@swankenterprises.com F. Project Description: Project consists of a new exercise yard for the Lake County Department of Corrections. Building Consists of: Site demo and earthwork modification to the existing area. New concrete foundations and exterior walls. Existing HVAC and electrical system relocations and installations. This project is located at the Lake County Courthouse in Polson Montana and is currently forecasted to be a 8 to 10 month duration. 1.2 BID SUBMITTAL AND OPENING A. Bid Submittal, Printed: Swank Enterprises will receive sealed Lump Sum bids until the Bid time and date at the location indicated below. Swank Enterprises will consider bids prepared in compliance with the Instructions to Bidders and delivered as follows: 1. Bid Date: March 14, 2024 2. Bid Time: 3pm, MST. 3. Location: Swank Enterprises, 750 West Reserve Drive Kalispell MT 59901 B. Bid Submittal, Electronic: Swank Enterprises will receive electronically submitted bids until the Bid time and date via web-based bidding management software. Swank Enterprises will consider bids prepared in compliance with the Instructions to Bidders and delivered as follows: 1. Bid Date: March 14, 2024 2. Bid Time: Not later than 3pm, MST. 3. Web-Based Bidding Management Software: Procore 1.3 BIDDING DOCUMENTS A. Bidding Documents, Electronic: Online access will be provided through Procore and the Plans Exchange 1.4 PREBID MEETING A. Prebid Meeting, In Person: A prebid meeting for all Bidders is tentatively scheduled for February 29, 2024 in Polson Montana for both the Lake County Annex and Jail Yard Projects. Final time and location to be determined if interest in having a prebid meeting is received from interested parties. 1.5 TIME OF COMPLETION A. By submitting a Bid, Bidder represents that Bidder will begin the Work on receipt of the Notice to Proceed and will complete the Work within the Contract Time indicated in the Bidding Documents. 1.6 LIQUIDATED DAMAGES A. Work is subject to liquidated damages. 1.7 BIDDER’S QUALIFICATIONS A. Licenses: Bidders must be properly licensed under the laws governing their respective trades. B. Insurance and Bonds: A Performance Bond, separate Labor and Material Payment Bond, and insurance in a form acceptable to Owner will be required of the successful Bidder. C. Contractor’s Qualification Statement: A completed AIA Document A305, “Contractor’s Qualification Statement,” with all exhibits will be requested from one or more Bidders following receipt of Bids. 1.8 NOTIFICATION A. This Advertisement for Bids document is issued by Jason Dwight, Project Manager, Swank Enterprises. Feb. 25 and March 3, 10, 2024 MNAXLP __________________________
NO. 30115 THOMAS J. HOOVER Attorney at Law P.O. BOX 997 Kalispell. Montana 59903 Telephone (406) 755-6099 Attorney for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT IN AND FOR THE COUNTY OF FLATHEAD IN THE MATTER OF THE ESTATE OF SARAH MARIE McCONNELL a/k/a SARAH M. McCONNELL Deceased, PROBATE NO. DP-24-42 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 the notice or said claims will be forever barred. Claims must either be mailed to Thomas Hoover, P.O. Box 997, Kalispell, MT 59903, return receipt requested or filed with the Clerk of the above-entitled Court. Dated this 20th day of November, 2023. /s/ ROBERT W. McCONNELL ROBERT W. McCONNELL PR Feb. 25 and March 3, 10, 2024 MNAXLP __________________________
NO. 30116 THOMAS J. HOOVER Attorney at Law P.O. BOX 997 Kalispell. Montana 59903 Telephone (406) 755-6099 Attorney for Personal Representative MONTANA ELEVENTH JUDICIAL DISTRICT COURT IN AND FOR THE COUNTY OF FLATHEAD IN THE MATTER OF THE ESTATE OF MONICA R. EISENZIMER Deceased, PROBATE NO. DP-24-43 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 the notice or said claims will be forever barred. Claims must either be mailed to Thomas Hoover, P.O. Box 997, Kalispell, MT 59903, return receipt requested or filed with the Clerk of the above-entitled Court. Dated this 20th day of November, 2023. /s/ Ashley Applegate Ashley Applegate P.R. Feb. 25 and March 3, 10, 2024 MNAXLP __________________________