Legals for October, 25 2024
The Western News | UPDATED 2 weeks, 6 days AGO
NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on February 10, 2025, at 02:00 PM outside the North entrance to the Lincoln County Courthouse, 512 California Avenue, Libby, MT 59923, the following described real property situated in Lincoln County, State of Montana: Lot 20, Ponderosa Heights Second Addition, according to the plat thereof on file in the office of the Clerk and Recorder of Lincoln County, Montana. More commonly known as 449 Shalom Dr, Libby, MT 59923. Frances Haller Bowling and Edwin Croft Bowling individually and as Trustees of the Frances Haller Bowling and Edwin Croft Bowling Revocable Living Trust dated June 06, 2012 and Amended August 20, 2012, as Grantors, conveyed said real property to FNTIC, of Flathead Valley, LLC, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for American Advisors Group, Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on August 7, 2020, and filed for record in the records of the County Clerk and Recorder in Lincoln County, State of Montana, on September 11, 2020, as Instrument No. 287785, in Book 384, at Page 638, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Carrington Mortgage Services, LLC Assignment Dated: September 18, 2023 Assignment Recorded: September 25, 2023 Assignment Recording Information: as Instrument No. 307645, in Book 403, at Page 227 All in the records of the County Clerk and Recorder for Lincoln 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 Lincoln County, State of Montana, on September 27, 2024, as Instrument No. 312381, in Book 407 Records, at Page 410, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to the Grantor(s) being deceased. 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 $394,287.30, interest in the sum of $79,691.06 and other amounts due and payable in the amount of $18,220.99 for a total amount owing of $492,199.35, 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 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 4th 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. MT22404 PUBLISHED IN The Western News October 18 & 25, November 1, 2024. MNAXLP
HON. MATTHEW J. CUFFE District Court Judge 512 California Avenue Libby MT 59923 MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY IN RE THE MARRIAGE OF: ALYSSA SHADDUCK, Petitioner, and PATRICK SHADDUCK, Respondent. Cause No. DR-24-118 SUMMONS AND AUTOMATIC ECONOMIC RESTRAINING ORDER BY CLERK OF COURT THE STATE OF MONTANA sends greetings to above-named Respondent, Patrick Shadduck: A Petition has been filed with the Clerk of District Court asking the court to dissolve your marriage. You are receiving a copy of the Petition for Dissolution with this Summons. YOU, THE RESPONDENT, ARE HEREBY SUMMONED to answer the Petition in this action, which is filed in the office of the Clerk of this Court, a copy of which is herewith served upon you in the County wherein you reside, and to file your response and serve a copy thereof upon the Petitioner’s attorney within twenty-one (21) days after the service of this Summons, exclusive of the day of service; and in case of your failure to appear or respond, judgment will be taken against you, by default, for the relief prayed for in the Petition. You must submit a written response to the Clerk of District Court and send a copy to the Petitioner within 21 calendar days. Day 1 of the 21-day period is the day after you received this Summons. If the 21st day falls on a weekend or court holiday, you may submit your response on the next business day. You must either pay a fee to submit your response or ask the court in writing to waive the fee. You can find forms for responding to a petition and waiving court fees at: www.courts.mt.gov. Witness my hand and the Seal of said Court this 8th day of August 2024. Clerk of the District Court /s/ Tricia Brooks By: /s/ Michelle Freese Deputy Travis Shimanek Kaufman Vidal Hileman Ellingson P.C. 22 Second Avenue West, Suite 4000 Kalispell, MT 59901 Telephone: (406) 755-5700 travis@kvhlaw.com Attorney for Petitioner PUBLISHED IN The Western News October 24, November 1 & 8, 2024. MNAXLP
Elsen Law, PLLC Dan Elsen PO Box 7428 Missoula, MT 59807 (406) 830-3000 dan@elsenlawfirm.com Attorney for Plaintiffs, MONTANA FOURTH JUDICIAL DISTRICT COURT, MINERAL COUNTY CLARK STEVENS and PAUL STEVENS Plaintiffs, vs. TIMBERLAND RESOURCES, INC, A WASHINGTON CORPORATION and DOROTHY KELLY, and the unknown, heirs, devisees, and assigns of the aforesaid defendants, and all other persons known or unknown, claiming or who might claim any right, title, estate, or interest in or encumbrance upon the real property described in the Complaint, or any part thereof, adverse to the Plaintiff’s title thereto, whether such claim or possible claim be present or contingent, Defendants. Dept. No. 5 Cause No. DV-24-49 SUMMONS FOR PUBLICATION THE STATE OF MONTANA SENDS GREETING TO THE ABOVE-NAMED DEFENDANTS, AND EACH OF THEM: You are hereby summoned to answer the Complaint in this action, which is filed in the office of the Clerk of this Court, a copy of which is herewith served upon one of you in each county wherein you reside. Within 21 days after service of this summons on you or, you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Montana Rules of Civil Procedure. Do not include the day you were served in your calculation of time. The answer or motion must be served on the plaintiffs or plaintiffs’ attorney, if a plaintiff is represented by an attorney, whose name and address are listed above. If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. This action is brought for the purpose of quieting title to land situated in the County of Mineral, State of Montana, more particularly described as follows: A tract of land in the Northeast quarter of Section 24, Township 19 North, Range 30 West, P.M.M., Mineral County, Montana, and more particularly described as follows: Commencing at the East one-quarter corner of Section 24, thence N.00°17’W., along the East boundary of said Section 24 for 667.0 feet, thence N.56°27’W., for 384.58 feet to the true point of beginning; thence N.32°29’W. for 515.0 feet; thence S.69°53’W., for 810.66 feet, thence S.39°36’E. for 277.73 feet; thence S.25°01’E. for 338.0 feet; thence N.63°04’E. for 805.14 feet back to the true point of beginning. All according to the Survey as recorded on Page 18 of the New Plat Book, records of Mineral County, Montana, and designated as Tract 29 of Waterhole Ranch Acreage Tracts thereon. Deed Reference: Drawer 2 of Deeds, Card No. 5806 Parcel No. Reference: 203100 Witness my hand and seal of the Court this 22nd day of October, 2024. Clerk of Court, By: /s/ J Talbot PUBLISHED IN The Western News October 25, November 1 & 8, 2024. MNAXLP