Legals for March, 21 2025
The Western News | UPDATED 3 days, 7 hours AGO
NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on July 14, 2025, at 2:00pm outside the North door steps at the Lincoln County Courthouse located at 512 California Avenue, Libby, MT 59923, the following described real property situated in Lincoln County, State of Montana: Lot 5, Block 5, Cabinet View First Addition, according to the plat thereof on file in the office of the Clerk and Recorder, Lincoln County, Montana. Plat No. 2425. More commonly known as 266 Highwood Drive, Libby, MT 59923. Michael J. Aja, as Grantor, conveyed said real property to First American Title Co., as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for LendUS, LLC, Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on January 10, 2022, and filed for record in the records of the County Clerk and Recorder in Lincoln County, State of Montana, on January 14, 2022 as Instrument No. 298354, in Book 394, at Page 609, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Lakeview Loan Servicing, LLC Assignment Dated: August 8, 2023 Assignment Recorded: August 9, 2023 Assignment Recording Information: as Instrument No. 307004, in Book 402, at Page 623, 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 October 31, 2023 as Instrument No. 308088, in Book 403, at Page 635, 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 May 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 $188,715.69, interest in the sum of $13,224.29, escrow advances of $7,136.69, and other amounts due and payable in the amount of $4,575.63 for a total amount owing of $213,652.30, 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. The 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 for 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 27th day of February, 2025. 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. MT21832 PUBLISHED IN The Western News March 21, 28 and April 4, 2025. MNAXLP
Lewis N. Stoddard, Bar No. 60723896 Halliday, Watkins & Mann, P.C. 300 W. Main Street, Suite 150 Boise, ID 83702 Phone: 801-355-2886 Facsimile: 801-328-9714 Email: lewis@hwmlawfirm.com Attorney for Plaintiff | HWM File No. MT22069 MONTANA NINETEENTH JUDICIAL DISTRICT LINCOLN COUNTY Deutsche Bank National Trust Company as Trustee for Soundview Home Loan Trust 2005-2 Asset-Backed Certificates, Series 2005-2, Plaintiff, v. Monica Schultz, as Personal Representative of the Estate of Duaine K. Schultz; Collection Bureau Services, Inc.; and Unknown Parties in possession of or with an interest in the real property commonly known as: 193 Upper Flower Creek Rd, Libby, MT 59923, Defendants. SUMMONS BY PUBLICATION Case No.: DV-24-97 To: Monica Schultz, as Personal Representative of the Estate of Duaine K. Schultz; and Unknown Parties in possession of or with an interest in the real property commonly known as: 193 Upper Flower Creek Rd, Libby, MT 59923, A lawsuit has been filed against you for amongst other things, foreclosure of real property located in the County of Lincoln, State of Montana. The real property has an address of 193 Upper Flower Creek Rd, Libby, MT 59923 and is more particularly described as follows: A tract of land designated as Tract “K” located in the W1/2SE1/4 of Section 9, Township 30 North, Range 31 West, P.M.M., according to the plat thereof on file in the office of the Clerk and Recorder, Lincoln County, Montana. Plat #1177. Within 21 days after service of this summons on you or (42 days if you are the State of Montana, a state agency, or a state officer or employee, or 60 days if you are the United States of America, or federal agency), 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 plaintiff or plaintiff`s attorney, if 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. Date: March 17, 2025 /s/ CLERK OF THE DISTRICT COURT PUBLISHED IN The Western News March 21, 28 & April 4, 2025. MNAXLP