Legals for November, 19 2024
NO. 30793 Karl K. Rudbach HASH, RUDBACH, HUTCHISON & MURRAY, PLLP 136 1 st Avenue West Kalispell, MT 59901 Telephone: (406) 755-6919 Attorneys for Co-Personal Representatives MONTANA ELEVENTH JUDICIAL DISTRICT COURT, FLATHEAD COUNTY In the Matter of the Estate of SHIRLEY M. BARRETT, Deceased. No. DP-24-286 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned have been appointed co-personal representatives 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 Hash, Rudbach, Hutchison & Murray, PLLP, 136 1 st Avenue West, Kalispell, MT 59901, or filed with the Clerk of the above-entitled court. Dated this 31 st day of October, 2024. /s/ Wendy Boll Wendy Boll, Co-Personal Representative /s/ Connie Tuman Connie Tuman, Co-Personal Representative /s/ John Barrett John Barrett, Co-Personal Representative HASH, RUDBACH, HUTCHISON & MURRAY, PLLP By: /s/ Karl K. Rudbach Karl K. Rudbach Attorneys for Co-Personal Representatives November 5, 12, 19, 2024 MNAXLP __________________________
NO. 30802 PUBLIC OPPORTUNITY TO PROTEST ISSUANCE OF ONE NEW Montana All-Alcoholic Beverages with Catering Endorsement License CLIFF HOUSE HOLDINGS, LLC (Mark Campbell, Anastacia Campbell , Owner(s)) has applied for one new Montana All-Alcoholic Beverages with Catering Endorsement License No. 07-999-2526-002 to be operated at CLIFF HOUSE HOLDINGS, 7951 Mt Highway 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 07-999-2526-002 and the applicant’s name CLIFF HOUSE HOLDINGS, 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 13, 2024. 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 Vickie Zincke, Compliance Specialist for the Department of Revenue’s Alcoholic Beverage Control Division, at 444-0713 or VZincke2@mt.gov. Nov. 12, 19, 26 and Dec. 3, 2024 MNAXLP __________________________
NO. 30803 NOTICE OF APPLICATION FOR Montana Retail On-Premises Consumption Restaurant Beer and Wine with Catering Endorsement License Notice is given that on November 12, 2024, WRH SPIRITS, LLC (Dan L Averill Family Limited Partnership , Owner(s)) filed an application for a Montana Retail On-Premises Consumption Restaurant Beer and Wine with Catering Endorsement License with the Montana Department of Revenue to be used within the Whitefish quota area. Residents of Flathead County and the surrounding counties may protest against the approval of the application. Each protestor is required to mail a letter that contains in legible print the protestor’s full name, mailing address, and street address. Each letter must be signed by the protestor. A protest petition bearing the names and signatures of persons opposing the approval of an application may not be considered as a protest. Protests may be mailed to Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805, on or before November 29, 2024. Questions may be directed to Vickie Zincke, Licensing Specialist for the Department of Revenue’s Alcoholic Beverage Control Division, at 444-0713 or VZincke2@mt.gov November 12, 19, 2024 MNAXLP __________________________
NO. 30807 STATE OF WISCONSIN CIRCUIT COURT BRANCH 15 DANE COUNTY FIRST BUSINESS BANK, Plaintiff, vs. MACHINERY SERVICE & DESIGN, LLC, GATOR GREENWILL, JESSE DAVENPORT, and JONATHAN ALLEN, Defendants. Case No.: 24-CV-2657 Case Code: 30301 PUBLICATION SUMMONS THE STATE OF WISCONSIN, TO EACH PERSON NAMED ABOVE AS A DEFENDANT: You are hereby notified that the plaintiff named above has filed a lawsuit or other legal action against you. The Complaint, which is attached, states the nature and basis of the legal action. Within 40 days after November 13, 2024, you must respond with a written answer, as that term is used in chapter 802 of the Wisconsin Statutes, to the Complaint. The Court may reject or disregard an answer that does not follow the requirements of the statutes. The answer must be sent or delivered to the Court at Clerk of Court DANE COUNTY CIRCUIT COURT Dane County Courthouse 215 South Hamilton Street Madison, WI 53703 and to the Plaintiff’s attorney, Josh C. Kopp, at von Briesen & Roper, s.c. 10 East Doty Street, Suite 900 Madison, WI 53703. You may have an attorney help or represent you. If you do not provide a proper answer within 40 days, the Court may grant judgment against you for the award of money or other legal action requested in the Complaint, and you may lose your right to object to anything that is or may be incorrect in the Complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property. Date: November 11, 2024 von BRIESEN & ROPER, s.c. Electronically signed by Josh C. Kopp Josh C. Kopp State Bar No. 1041791 10 East Doty Street, Suite 900 Madison, WI 53703 (608) 661-3967 Attorneys for Plaintiff Nov. 19, 26 and Dec. 3, 2024 MNAXLP __________________________
NO. 30814 Opportunity to comment on Rumbling Owl Fuels Reduction Project The Flathead National Forest is seeking comments on the Rumbling Owl Fuels Reduction Project. The project is located on National Forest System lands within the Swan Lake Ranger District, which is in Missoula County, MT and approximately 5 miles southeast of the town of Condon, MT. The project proposes management activities to reduce wildfire risk to loss of life, property damage, and ecosystem function. The proposed activities would make progress toward reduced risk and severity of future wildland fires, improved fire suppression effectiveness, and improved firefighter/public safety in the wildland-urban interface. Management activities would improve stand conditions resulting in increased resistance and resiliency to severe wildfire and other disturbances. An environmental assessment (EA) has been prepared, which discloses the potential effects of the proposed management activities and the effects of taking no action. Project documents, including the environmental assessment and maps, can be accessed at the project web site: https://www.fs.usda.gov/project/flathead/?project=64924. Hard copies of the EA are available by request. How to comment and timeframe Specific written comments (36 CFR 218) on the EA will be accepted for 30 calendar days following publication of this notice in the Daily Inter Lake. The publication date in the newspaper of record is the exclusive means for calculating the comment period and the regulations prohibit extension. It is the responsibility of persons providing comments to ensure timely submission. Comments submitted via mail must be postmarked by the end of the comment period. Electronic comment submissions can be submitted at: https://cara.fs2c.usda.gov/Public/CommentInput?Project=64924. Electronic comments and supporting information must be submitted in an acceptable format such as an email message, PDF, or Word (.docx or .xlsx). Written comments on the EA can be submitted via mail to: Jeff Durkin, Project Leader, Swan Lake Ranger Station, 200 Ranger Station Road, Bigfork, MT 59911, or submitted in person to the Swan Lake Ranger District (Monday through Friday, 8:00 a.m. to 4:30 p.m., excluding holidays). The Rumbling Owl Fuels Reduction Project is not subject to the objection process pursuant to 36 CFR 218, subparts A and B, due to the federal approval of Emergency Authority Action. Names and contact information submitted with comments will become part of the public record and may be released under the Freedom of Information Act. Additional information can be obtained from Jeff Durkin, project leader, at 406-837-7514 or jeffrey.durkin@usda.gov. November 19, 2024 MNAXLP __________________________
NO. 30817 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: MYRNA BYBEE, Deceased. Cause No.: DP-15-2024-0000297-II 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 Joe M. Bybee, the Personal Representative, c/o Tanko Law Office, 392 – 1st Avenue E.N., Kalispell, MT 59901, or filed with the Clerk of the above-entitled Court. DATED this 9 day of November, 2024. /s/Joe M. Bybee JOE M. BYBEE, Personal Representative Nov. 19, 26 and Dec. 3, 2024 MNAXLP __________________________
NO. 30818 NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on March 10, 2025, 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 17 of Ashley Heights, according to the official plat thereof, filed in Official Records of Flathead County, Montana. More commonly known as 354 Bismark Street, Kalispell, MT 59901. Michael Richard Gendreau, as Grantor, conveyed said real property to Alliance Title and Escrow Corporation, 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 February 26, 2014, and filed for record in the records of the County Clerk and Recorder in Flathead County, State of Montana, on February 26, 2014 as Instrument No. 201400003545, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Lakeview Loan Servicing, LLC Assignment Dated: October 20, 2020 Assignment Recorded: October 21, 2020 Assignment Recording Information: as Instrument No. 202000035337 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 May 17, 2024, as Instrument No. 202400008207, 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 July 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 $153,387.39, interest in the sum of $8,648.25, escrow advances of $6,821.05, other amounts due and payable in the amount of $2,901.46 for a total amount owing of $171,758.15, 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 30th day of October, 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. MT22171 Nov. 19, 26 and Dec. 3, 2024 MNAXLP __________________________