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Legals for September, 24 2024

| September 24, 2024 12:00 AM

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 __________________________