Friday, October 18, 2024
24.0°F

Legals for October, 1 2024

| October 1, 2024 12:00 AM

NO. 30667 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 change in the zoning designation in a portion of the Highway 93 North Zoning District from B-1 (Neighborhood/Professional Business) to R-1 (Suburban Residential) for property located at 3555 Highway 93 North, Kalispell, MT 59937. The boundary of the area proposed to be amended from B-1 (Neighborhood/Professional Business) to R-1 (Suburban Residential) is described as: Lot 3 of Northwind Commercial Center in Section 18, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana The regulations defining the B-1 and R-1 zones are contained in the Flathead County Zoning Regulations on file for public inspection at the Office of the Board of Commissioners, 800 South Main, Room 302, 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 file for public inspection at the Commissioners’ Office and at the Flathead County Planning and Zoning Office. The public hearing will be held on the 15th day of October, 2024 at 10:45 a.m. in the Commissioners’ Chambers, Third Floor, 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 Highway 93 North Zoning District. Written comments are encouraged and will be reviewed by the Commissioners if received prior to the hearing. DATED this 20th day of August, 2024. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By:/s/Pamela J. Holmquist  PT  Randy Brodehl, Chairman October 1, 8, 2024 MNAXLP __________________________

NO. 30703 C. Mark Hash Hash, Rudbach, Hutchison & Murray, PLLP P.O. Box 1178 Kalispell, MT 59903 NOTICE OF TRUSTEE’S SALE NOTICE IS HEREBY GIVEN 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., M.C.A.; NOTICE IS FURTHER GIVEN: That Hooper’s RE Holdings, LLC, as GRANTOR, on December 1, 2022, made, executed and delivered to Insured Titles, with its principal office at Kalispell, Montana, as TRUSTEE, a Trust Indenture covering the following described real property situated in Flathead County, State of Montana: Tract 1 of Certificate of Survey No. 13493, situated, lying and being in the Southwest Quarter of the Northeast Quarter and in the Northwest Quarter of the Southeast Quarter of Section 2, Township 28 North, Range 21 West P.M.M., Flathead County, Montana. as security for the payment of the Promissory Note of the GRANTOR, made, executed and delivered on December 1, 2022, to Hooper’s Nursery, Inc, the BENEFICIARY of said Trust Indenture, which Trust Indenture was thereafter duly recorded in the office of the Clerk and Recorder of Flathead County, Montana, on December 1, 2022, under Instrument No. 202200029620. That by instrument heretofore recorded, C. MARK HASH, an attorney authorized to practice law in the State of Montana, was substituted as TRUSTEE for Insured Titles; and That a breach of the obligation for which such transfer in trust as security has occurred, and the default for which this foreclosure is made consists of the failure of the GRANTOR, Hooper’s RE Holdings, LLC, or any other person to pay the monthly installments due as provided in said Promissory Note and Trust Indenture. That the sum owing on said obligation secured by said Trust Indenture as of July 11, 2024, is the principal sum of $2,433,900.00, PLUS accrued interest in the amount of $145,402.01; closing escrow and related fees in the amount of $333.00, making the total obligation as of said date the sum of $2,579,635.01, with interest at a daily rate of $333.4110, until paid, PLUS all trustee fees, attorney fees, collection fees, expenses for a foreclosure report, costs of advertising and expenses for recording, and all other costs and expenses associated with the sale.That a breach of the obligation or the failure to pay yearly taxes and assessments has also occurred, whereby GRANTOR has failed to pay real property taxes for 2023, which expense the Beneficiary has paid in the total amount of $31,683.29, which amount the Grantor is obligated to pay to Beneficiary. In addition, the Beneficiary intends to disburse such amounts as may be required to preserve and protect the Premises, and for real property taxes and assessments that may become due or delinquent, unless such amounts or taxes are paid by the Grantors. If such amounts are paid by the Beneficiary, the amounts, taxes or assessments will be added to the obligation secured by the Trust Indenture. NOTICE IS FURTHER GIVEN that the Successor TRUSTEE at the direction of the BENEFICIARY has elected to consider all of the principal and interest due in consequence of said default, in accordance with the terms of said Promissory Note and Trust Indenture, and has elected to sell, or cause to be sold, the real property described above to satisfy said obligation. THAT ON TUESDAY, THE 19th DAY OF NOVEMBER, 2024, AT THE HOUR OF 10 O’CLOCK, A.M., at the front steps of the Flathead County Courthouse, 800 S. Main, Kalispell, Montana, the TRUSTEE, C. Mark Hash, will sell at public auction to the highest bidder, in cash, in lawful money of the United States, all payable at the time of the sale, the above-described real property in accordance with the terms and conditions of that certain Trust Indenture referred to above. The sale is a public sale and any person, including the BENEFICIARY, excepting only the successor Trustee, may bid at the sale. The bid price must be paid in cash. The conveyance will be made by Trustee’s Deed. The purchaser at the sale shall be entitled to possession of the property on the 10th day following the sale. The GRANTOR, or its successor in interest in the trust property or any part thereof, or any other person having a subordinate lien or encumbrance of record thereon, or any beneficiary under a subordinate trust indenture in the aforesaid property or any part thereof, at any time prior to the trustee’s sale, may pay to the BENEFICIARY the entire amount then due under the Trust Indenture and the obligation secured thereby (including costs and expenses actually incurred and reasonable trustee’s and attorney’s fees) other than such portion of the principal as would not then be due had no default occurred and thereby cure the default theretofore existing. The Trustee’s sale may, for any cause deemed expedient, be postponed for a period not exceeding 15 days by public proclamation at the time and place fixed in this notice of sale. No other notice of the postponed sale need be given. In the event a sale cannot be held at the scheduled time by reason of the automatic stay provision of the United States Bankruptcy Code, 11 U.S.C. Section 362, or of a stay order issued by any court of competent jurisdiction, the trustee sale may, as often as is expedient, be postponed. Each postponement may not exceed 30 days, and all postponements, in the aggregate, may not exceed 120 days. Each postponement must be effected by a public proclamation at the time and place fixed in this notice of sale or fixed by previous postponement. No other notice of the postponed sale need be given. DATED this 11th day of July 2024. /s/ C. Mark Hash   Trustee Sept. 17, 24 and Oct, 1, 2024 MNAXLP __________________________

NO. 30716 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: JOAN STUPACK, Deceased. Cause No.: DP-15-2024-0000245-IT Robert Allison 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 James Stupack, 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 13th day of September, 2024. /s/James Stupack JAMES STUPACK, Personal Representative Submitted by: TANKO LAW OFFICE /s/Brian C. Tanko BRIAN C. TANKO, ESQ. Attorney for Personal Representative Sept. 24 and Oct. 1, 8, 2024 MNAXLP __________________________

NO. 30724 ADVERTISEMENT Whitefish School District seeks to immediately engage the services of an individual or firm to act as the Owner’s Construction Representative to manage, on behalf of the District, all aspects of the design, construction, furnishing, and equipping for the successful completion of its projects for the improvement, renovation, and expansion of Whitefish High School’s academic and athletic facilities. In September 2024, Whitefish School District passed one bond for up to $26.5 million dollars for academic improvements at Whitefish High School and another bond for up to $6.1 million dollars for expansion of the current athletic fields at Whitefish High School. Prospective Owner’s Construction Representative candidates may obtain a Qualification packet at the Whitefish School District Office, 600 East Second Street Whitefish, MT 59937, or by visiting the District’s website: https://www.whitefishschools. org/. Responses to this Request for Qualifications for Owner’s Construction Representative services must be submitted in compliance with the requirements of the Qualification packet and will be received at the Whitefish School District Administration Office at the address listed above until October 18, 2024, at 2:00 pm, local time. FAX RESPONSES, INCOMPLETE RESPONSES AND RESPONSES RECEIVED AFTER THAT DATE AND TIME WILL BE DEEMED NON-COMPLIANT WITH THIS RFQ AND WILL NOT BE ACCEPTED. From the list of interested and qualified candidates, the District will select the Owner’s Construction Representative individual or firm which is best qualified and best suits the District’s needs and intent regarding these projects. This request for qualifications does not commit the Board of Trustees for Whitefish School District to enter into any agreement, or to pay any expenses incurred in the preparation of any response to this request, or to ultimately procure any contract for the provision of these services. The Board of Trustees expressly reserves the right to waive any formalities and to reject any or all proposals. October 1, 8, 2024 MNAXLP __________________________

NO. 30725 ADVERTISEMENT Whitefish School District is soliciting qualifications from individuals or firms interested in providing Architect/Engineering services. The District seeks a qualified individual or firm to provide planning, design, and construction administration services for improvement, renovation,and expansion of Whitefish High School’s academic and athletic facilities. In September 2024, Whitefish School District passed one bond for up to $26.5 million dollars for academic improvements at Whitefish High School and another bond for up to $6.1 million dollars for expansion of the current athletic fields at Whitefish High School. Prospective Architect/Engineering candidates may obtain a Qualification packet at the Whitefish School District Office, 600 East Second Street Whitefish, MT 59937, or by visiting the District’s website: https://www. whitefishschools.org/. Responses to this Request for Qualifications for Architect/ Engineering services must be submitted in compliance with the requirements of the Qualification packet and will be received at the Whitefish School District Administration Office at the addresslisted above until October 18, 2024, at 2:00 pm, local time. FAX RESPONSES, INCOMPLETE RESPONSES AND RESPONSES RECEIVED AFTER THAT DATE AND TIME WILL BE DEEMED NON-COMPLIANT WITH THIS RFQ AND WILL NOT BE ACCEPTED. From the list of interested and qualified candidates, the District will select the Architect/Engineering individual or firm which is best qualified and best suits the District’s needs and intent regarding these projects. This request for qualifications does not commit the Board of Trustees for Whitefish School District to enter into any agreement, or to pay any expenses incurred in the preparation of any response to this request, or to ultimately procure any contract for the provision of these services. The Board of Trustees expressly reserves the right to waive any formalities and to reject any or all proposals October 1, 8, 2024 MNAXLP __________________________

NO. 30726 On or after October 14th, 2024. West Valley Storage will have a public auction. Gardner Auction Service will conduct the auction at 200 United Drive, Kalispell MT 59901 and at gardnerauction.com. To be sold for cash, the personal items stored at West Valley Storage, 250 S Complex Dr., Kalispell, MT by the following persons: James G Daughtary, Tyler Luce, Jordan Keller, and anyone that has received notice per MCA 70-6-420. West Valley Storage: 282 Fourth Ave WN, Kalispell, MT 59901. Phone 406-755-1102 October 1, 8, 2024 MNAXLP __________________________

NO. 30727 DEPARTMENT OF PUBLIC SERVICE REGULATION BEFORE THE PUBLIC SERVICE COMMISSION OF THE STATE OF MONTANA In re NorthWestern Energy’s Annual PCCAM Filing Docket 2024.09.090 September 27, 2024 Notice of Application and Intervention Deadline 1. On August 29, 2024, NorthWestern Corporation d/b/a Northwestern Energy (“NorthWestern”) filed an application (“Application”) with the Montana Public Service Commission (“Commission”) requesting approval of a rate adjustment under NorthWestern’s Power Costs and Credits Adjustment Mechanism (“PCCAM”). The PCCAM tracks certain costs and credits associated with supplying electric service and allows annual rate adjustments to track actual costs incurred and credits received.   2. In its Application, NorthWestern seeks approval of a rate adjustment to account for an over-collection of $1,482,277. NorthWestern asserts that the typical residential customer using 750 kilowatt-hours per month would see a decrease of $6.13 or 5.57% on their monthly bill due to the proposed rate adjustment but notes the actual decrease will depend on each customer’s type and usage.   3. A copy of the filing is publicly available at the Commission’s business office, 1701 Prospect Avenue, Helena, MT 59601, and online at the Commission’s website (psc.mt.gov) under Docket No. 2024.09.090. A copy of the filing may also be available at the office of the Montana Consumer Counsel (“MCC”), which represents consumer interests before the Commission, 111 North Last Chance Gulch, Suite 1B, Helena, MT 59601, (406) 444-2771. Interested parties can register on the Commission’s website to receive notice of filings in this docket. Instructions for subscribing to notices of filings are available at psc.mt.gov/reddi-help.  4. The Commission invites any interested party affected by NorthWestern’s filing to intervene in this docket. To intervene, a party must file a petition to intervene with the Commission no later than October 15, 2024. A party seeking intervention must file an electronic petition on the Commission’s website at reddi.mt.gov. All filings must be made in REDDI and hard copies are not required. A party seeking intervention must also mail a copy of the petition to MCC at P.O. Box 201703, Helena, MT 59620, and to NorthWestern’s attorneys, Sarah N. Norcott and Mitchell L. Werbell at 208 N. Montana Ave., Suite 200, Helena, MT 59601. 5. The Commission invites members of the public who do not wish to formally intervene to submit written public comments on the matter to the Commission at 1701 Prospect Avenue, P.O. Box 202601, Helena, MT 59620, or by email to pschelp@mt.gov. Public comment may also be submitted in REDDI. Instructions for submitting public comments in REDDI are available at psc.mt.gov/reddi-help (select “Submit a Public Comment”). All comments received will be public records. Personal or private information should not be included in comments. 6. The Commission’s jurisdiction over this matter is provided in Title 69 and Title 2, Chapter 4 of the Montana Code Annotated; Title 38, Chapters 2 and 5 of the Montana Administrative Rules; and any prior orders of the Commission relevant to the issues presented. DONE and DATED September 27, 2024, by the Montana Public Service Commission through delegation to staff.  JAMES BROWN, President JENNIFER FIELDER, Vice President TONY O’DONNELL, Commissioner RANDALL PINOCCI, Commissioner DR. ANNIE BUKACEK, Commissioner October 1, 2024 MNAXLP __________________________