Legals for July, 19 2024
NO. 30497 Elsen Law, PLLC Dan Elsen PO Box 7428 Missoula, MT 59807 (406) 830-3000 dan@elsenlawfirm.com Attorney for Personal Representative, MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY Applicant IN RE THE ESTATE OF NANCY R. DANIEL, Deceased. Probate No. DP-15-2024-0000159-IT NOTICE TO CREDITORS NOTICE IS GIVEN that Gregory H. Clark 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 of the date of the first publication of this notice or claims will be forever barred. Claims must either be mailed to Gregory H. Clark, Personal Representative, return receipt requested, at PO Box 1003 Plains, MT 59859, or filed with the Clerk of the above Court. Dated this 27 day of June, 2024. /s/ Dan Elsen Dan Elsen, Attorney for Personal Representative July 5, 12, 19, 2024 MNAXLP __________________________
NO. 30508 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on November 5, 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 10 OF GREAT NORTHERN HEIGHTS, PHASE 3, 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 172 Brimstone Dr, Whitefish, MT 59937. Jan M. Layton, as Grantor, conveyed said real property to First American Title Insurance Company, as Trustee, to secure an obligation owed to Discover Bank, by Deed of Trust on July 22, 2022, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on July 26, 2022, as Instrument No. 202200018174, of Official Records. 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 June 17, 2024, as Instrument No. 202400009906, 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 October 27, 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 $49,688.93, interest in the sum of $3,885.79, and other amounts due and payable in the amount of $2,254.16 for a total amount owing of $55,828.88, 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 June, 2024. 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. MT22200 July 5, 12, 19, 2024 MNAXLP __________________________
NO. 30531 NOTICE FOR PUBLIC COMMENT REQUEST FOR FLOODPLAIN DEVELOPMENT PERMIT The Flathead County Floodplain Administrator has received additional information for the following Floodplain Development Permit applications: FDP-24-09 A request by Ryan Wade, PE, on behalf of Pete Wade, for the construction of a bridge within the 100-year floodplain of Truman Creek. The subject property is located at 744 and 748 Browns Meadow Rd in Kila, and the correct legal description of the property is Tract 1A in Section 18, Township 27 North, Range 22 West, and Tract 2G in Section 17, Township 27 North, Range 22 West, P.M.M., Flathead County, Montana. The complete application may be viewed at our office. With this new information we are reopening written or oral comments concerning the above requests should be directed to the Floodplain Administrator at the Flathead County Planning & Zoning Office, South Campus Building, 40 11TH Street West, Suite 220, Kalispell, Montana 59901, (406) 751-8200. Comments should be received by 5:00 PM on Friday, August 2, 2024. /s/Erik K Mack Erik K. Mack, AICP Planning Director Flathead County Planning & Zoning July 19, 2024 MNAXLP __________________________
NO. 30532 AUDIT PUBLICATION STATEMENT An audit of Fair-Mont-Egan Public School has been conducted by Denning, Downey & Associates, CPA’s, P.C. The audit covered the fiscal year ended June 30, 2023. Section 2-7-521, MCA, requires the publication of the following summary of significant findings. Summary of Significant Findings The audit report for Fair-Mont-Egan Public School for the fiscal year ended June 30, 2023, were unmodified. The audit report also contained several other auditors’ reports. Following is a list of the reports and a summary of the findings included in each. This is only a summary and is not intended to be used as an audit report. 1. Independent Auditor’s Report on Internal Control over Financial Reporting and on Compliance and Other Matters based on an audit of Financial Statements performed in accordance with Government Auditing Standards. This report contained findings in the following matters: a. 2023-001 General Fund Budget Exceeded 2. Report on Other Compliance, Financial and Internal Accounting Control Matters. This report contained no findings. 3. Report on Prior Audit Report Recommendations. This report summarized the findings from the prior audit report, and noted the action taken on them. a. 2022-001 Unrecorded Accounts Payable (Not Repeated) b. 2022-002 Enrollment (Implemented) c. 2022-003 General Fund Exceeded (Repeated) Public Inspection of Audit Report The complete audit report is on file in its entirety and open to public inspection at the Fair-Mont-Egan Public School Business Office. Julie Wood-District Clerk Fair-Mont-Egan Public School July 19, 2024 MNAXLP __________________________
NO. 30536 Big Mountain Resort Area District Board Meeting is scheduled for July 23, 2024, 9 am MDT Location: Big Mountain Fire & Rescue Firehouse - 3790 Big Mountain Rd, Whitefish Agenda: 1. State Certificate status 2. Determination of Board Officers & Terms 3. Board regular meeting structure 4. Resort Tax Special Election Process 5. Interim policy welcoming Public Comments, Discussions & Actions 6. Public Comment on Matters within Board jurisdiction 7. BM RAD By-Laws discussion 8. Professional Services 9. Next meeting July 19, 2024 MNAXLP __________________________