NOTICE OF SHERIFF’S SALE OF REAL PROPERTY
FARMER’S STATE BANK
VS.
DONN J. MCAFEE, JANICE J. KURTH, RAVALLI COUNTY TREASURER; INTERNAL REVENUE SERVICE AND DOE OCCUPANTS 1-10 OF 348 BLAIR LANE, VICTOR, MT, and all other persons, unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described in the complaint adverse to Plaintiff’s ownership or any cloud upon Plaintiff’s title thereto, whether such claim or possible claim be present or contingent
To be sold at Sheriff’s Sale on the 30th day of JUNE, 2011 at 2 o’clock, P. M., at the Ravalli County Courthouse, 205 Bedford St, Hamilton, MT by the north entrance to the courthouse in the third floor lobby, the following REAL property:
A TRACT OF LAND IN THE N½ OF SECTION 13, TOWNSHIP 7 NORTH, RANGE 21WEST, P.M.M., RAVALLI, COUNTY, MONTANA AND BEING MORE PARTICULARLY DESCRIBED ON CERTIFICATE OF SURVEY NO. 2768.
EXCEPTING THEREFROM A TRACT OF LAND LOCATED IN AND BEING A PORTION OF THE N½ OF SECTION 13, TOWNSHIP 7 NORTH, RANGE 21 WEST, P.M.M., RAVALLI, COUNTY, MONTANA AND BEING MORE PARTICULARLY DESCRIBED AS PARCEL A-1, CERTIFICATE OF SURVEY NO. 543322-R AS RECORDED IN INSTRUMENT NO. 581286.
Along with all appurtenant rights and claims, commonly known as 348 Blair Lane, Victor, MT 59875.
This sale is to be to the highest bidder, for cash, to be applied to a judgment in the amount of $260,084.17 together with attorney’s fees and costs in the amount of $8,759.48, all of which accrues interest at the contractual rate of 9.5% per annum from and after January 27, 2011 until paid in full.
This sale is being held in accordance with MCA 25-13-704 (1) pursuant to an ORDER ON FARMERS STATE BANK’S MOTION FOR SUMMARY JUDGMENT under docket number DV-10-519 entered in the Montana Twenty-First Judicial District Court, Ravalli County on the 21ST day of APRIL, 2011.
Chris Hoffman, Sheriff of Ravalli County
BS 6-15, 6-22, 6-29-11.
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MONTANA TWENTY-FIRST JUDICIAL DISTRICT COURT, RAVALLI COUNTY
IN THE MATTER OF THE ESTATE OF LINDA D. RUMMEL, Deceased.
Cause No. DP 11-56
Dept. 2
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 months after the date of the first publication of this Notice or said claims will be forever barred.
Claims must either be mailed to Douglas A. Howard, the Personal Representative, return receipt requested, at the Law Offices of Lawrence D. Johnson, Attorney at Law, P.O. Box 500, Hamilton, Montana 59840, or filed with the Clerk of the above-entitled Court.
Dated this 10th day of June 2011.
/s/ Douglas A. Howard, Personal Representative
BS 6-15, 6-22, 6-29-11.
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MONTANA TWENTY-FIRST JUDICIAL DISTRICT COURT, RAVALLI COUNTY
IN THE MATTER OF THE ESTATE OF CHARLES E. LANGE, JR., Deceased.
Cause No. DP 11-52
Dept. 2
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 months after the date of the first publication of this Notice or said claims will be forever barred.
Claims must either be mailed to Betty A. Kron, the Personal Representative, return receipt requested, c/o Bell & Bell, P.C., 210 South 3rd Street, P.O. Box 210, Hamilton, Montana 59840, or filed with the Clerk of the above-entitled Court.
Dated this 1st day of June 2011.
/s/ Betty A. Kron, Personal Representative
BS 6-22, 6-29, 7-6-11.
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NOTICE OF TRUSTEE’S SALE
TO BE SOLD FOR CASH AT TRUSTEE’S SALE on October 4, 2011, at 10:00 o’clock A.M. at the Main Door of Ravalli County Courthouse, 205 Bedford, Ste G, Hamilton, MT 59840 the following described real property situated in Ravalli County, Montana:
A tract of land in the SE1/4 SE1/4 of Section 29 and the SW1/4SW1/4 of Section 2 8, Township 9 North, Range 19 West, P.M.M., Ravalli County, Montana, and being more particularly described as Tract A, Certificate of Survey No. 516643 -TR.
Also, a tract of land in the SE1/4 of Section 29, Township 9 North, Range 19 West, P.M.M., Ravalli County, Montana, and being more particularly described as Portion A of Certificate of Survey No. 570932-R.
TOGETHER WITH a perpetual, nonexclusive easement for purposes of ingress and egress from North Burnt Fork Road at the access point shown on the Subdiv ision Plat of Ellis Acres and shown on the north side of North Burnt Fork Road as further disclosed in Instrument No. 492377.
ALSO TOGETHER WITH a permanent, non-exclusive easement and right-of-way upon an existing road as set forth in Book 141 of Deeds, p age 484 and further disclosed in Instrument No. 492377.
TOGETHER WITH a road and utilities easement across Tract B as shown on Certificate of Survey No. 516643-TR. Also TOGETHER WITH an Easement Agreement as set forth in Instrument No. 537743.
Also shown of record as:
Four tracts of land in the SE1/4 of Section 29 and SW¼ of Section 28, Township 9 North, Range 19 West, P.M.M., Ravalli County, Montana, and being more particularly described as Tract A 1, B, C, and D of Certificate of Survey No. 622480-F
Commonly known as: NHN North Burnt Fork Rd., Stevensville, MT 59870. Parcel Nos. now associated with said property are 334170, 334190, 334210 & 334220.
Joede T Vanek, as Grantor(s), conveyed said real property to First American Title Company of Montana, Inc., as Trustee, to secure an obligation owed to Farmers State Bank, as Beneficiary, by Deed of Trust dated May 9, 2006, and recorded May 10, 2006, as Document No. 571263. The beneficial interest is currently held by Farmers State Bank.
Joede T Vanek has defaulted in the performance of said Deed of Trust by failing to make the monthly payment of $2,185.88 due for the 5th day of December, 2010 and a like sum of $2,185.88 due for each and every month thereafter, which monthly installments would have been applied on the principal and interest due on said obligation, and other charges against the property or loan. And failing to comply with said Deed of Trust to pay when due and in all events prior to delinquency all taxes, special taxes and assessments. 2nd ½ 2011 taxes are due and payable on or before May 31, 2011. As of May 12, 2011 there is due and owing on the loan an unpaid principal balance of $281,356.08, accrued interest in the amount of $11,860.72 and late fees in the amount of $600.00 for a total amount due of $293,816.80. Interest accrues on the Note at the rate of 8.48% per annum with a per diem rate of $66.27 after May 12, 2011. Interest continues to accrue. All delinquencies are now due together with any late charges, advances to protect the security, and fees and costs associated with this foreclosure.
The Beneficiary anticipates and may disperse 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 Grantors. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligation 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 in cash at the time of sale. The conveyance will be made by Trustee’s Deed. 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, at any time prior to the Trustee’s Sale, may 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 thereby cure the default.
The scheduled Trustee’s Sale may be postponed by publication proclamation up to fifteen (15) days for any reason, and in the event of a bankruptcy filing, the sale may be postponed by the Trustee for up to one-hundred twenty (120) days by public proclamation at least every thirty (30) days.
Dated: May 23, 2011
First American Title Company of Montana, Inc.
/s/ Dalia Martinez
Dalia Martinez, Assistant Secretary for First American Title Company of Montana, Inc.
c/o First American Specialty Services
P O Box 339, Blackfoot ID 83221
STATE OF IDAHO, County of Bingham ss:
On May 23, 2011, before me, a Notary Public in and for said State, personally appeared Dalia Martinez, known or identified to me to be the Assistant Secretary of the Corporation who executed the instrument on behalf of said Corporation, and acknowledged to me that said Corporation executed the same.
Marti A. Ottley
Notary Public – Residing: Inkom, ID
Commission Expires: 08/15/2012
BS 6-15, 6-22, 6-29-11.
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NOTICE OF TRUSTEE’S SALE: TO BE SOLD for cash at a Trustee’s Sale on July 27, 2011, at the hour of 11:00 am Mountain Standard Time, at the Ravalli County Courthouse, located at 205 Bedford Street in Hamilton, Ravalli County, Montana, and pursuant to § 71-1-313, MCA, the following described real property in Ravalli County, Montana (hereinafter referred to as the Property): Lot 5 and the s ½ of lot 4, all in block 1, pleasant vale addition to the town of Stevensville, Ravalli County, Montana, according to the official plat thereof. Deed Reference: Book 216 of Deeds, Page 559. This property is more commonly known as 406 Main Street, Stevensville, Montana, 59870. Parties: As to the trust indentures involved herein, the grantor is Buffalo Jump Gallery, Inc.; the trustee is First American Title Company; the successor trustee is Amy Randall, attorney at law; and the beneficiary is Mountain West Bank, N.A. TRUST INDENTURE: Mountain West Bank, N.A. is the beneficiary a trust indenture covering the Property. The trust indenture is dated August 4, 2006, and was recorded under instrument number 575524, on August 7, 2006, in the official records of the Clerk and Recorder of Ravalli County, Montana. THIS FORECLOSURE IS BEING MADE due TO The FOLLOWING DEFAULT: The failure to make payments under the promissory note, which is secured by the trust indenture referenced above, including, but not limited to, the nonpayment of principal, interest, and fees due under the note. AMOUNT DUE: The amount due on the promissory note, as of February 17, 2011, is $251,568.70, which consists of $235,181.18 of principal; $11,086.06 of interest through February 17, 2011, with interest continuing to accrue, at the rate of 7.5% per annum, or $48.3249 per day, at the current principal balance, and $5,301.46 of charges and fees. Accordingly, the total amount due on the promissory note is $251,568.70, as of February 17, 2011, with interest continuing to accrue as defined herein. INTEREST: The promissory note is accruing interest at the rate of 7.5% per annum, or $48.3249 per day, at the current principal balance. MISCELLANEOUS AMOUNTS DUE: All unpaid balances, including taxes and insurance, together with all necessary expenses which may be incurred in collection, including reasonable attorneys’ fees and costs, which include advertising and recording expenses. Election to sell: Mountain West Bank, N.A. has declared the entire remaining balance of the promissory note secured by the Property due and payable, and hereby elects to sell the Property to satisfy the balance due under the promissory note. TERMS OF SALE: This sale is a public sale and any person, including the beneficiary, may bid at the sale. The bid price must be paid in cash. The conveyance will be made by Trustee’s Deed. The sale will be held at the Ravalli County Courthouse, located at 205 Bedford Street in Hamilton, Ravalli County, Montana, at 11:00 am, Mountain Standard Time, on July 27, 2011. The purchaser of the Property will be entitled to possession of the Property on the 10th day following the sale. RIGHT TO CURE: The grantors, successors in interest to the grantors, or any other persons having an interest in the Property, at any time prior to the Trustee’s Sale, may cure the payment default by paying the beneficiary the entire amount then due to the beneficiary, including costs, expenses, and attorneys’ fees, other than such portion of the principal as would not yet be due to the beneficiary had no default occurred. In the event that the payment default is cured as stated above, the Trustee’s Sale will be cancelled, as provided by § 71-1-312, MCA. DATED this 17th day of February, 2011. Amy Randall, Esq., Successor Trustee and Attorney for Beneficiary. State of Montana, County of Lewis and Clark, SUBSCRIBED AND SWORN to before me by Amy Randall, Successor Trustee and Attorney for Beneficiary, this 17th day of February, 2011. Tara Henkel, Notary Public for the State of Montana, residing at East Helena, Montana, my commission expires on May 14, 2011.
BS 6-15-11, 6-22-11, 6-29-11
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NOTICE OF SALE OF DELINQUENT TAX LIEN FOR THE YEAR 2010.
(PURSUANT TO 15-17-122, MCA)
OFFICE OF THE COUNTY TREASURER, RAVALLI COUNTY, HAMILTON, MONTANA
NOTICE IS HEREBY GIVEN THAT ALL DELINQUENT 2010 TAXES ARE A LIEN ON THE PROPERTY UPON WHICH THE TAXES ARE ASSESSED. THE LIEN WILL BE SOLD TO THE COUNTY AT PUBLIC AUCTION ON THE 13TH DAY OF JULY 2011FROM 10:00 AM TO 3:00 PM ON THE FRONT STEPS OF THE RAVALLI COUNTY ADMINISTRATION BUILDING IN THE CITY OF HAMILTON MONTANA UNLESS PRIOR TO THE SAID TIME SAID DELINQUENT TAXES TOGETHER WITH ALL INTEREST AND PENALTIES AND COSTS DUE THERE ON ARE PAID.
A RECORD OF THOSE DELINQUENT TAXES WILL BE ON FILE IN THE TAX OFFICE OF THE COUNTY TREASURER AND IS SUBJECT TO PUBLIC INSPECTION AND EXAMINATION.
GIVEN UNDER MY HAND AND SEAL THE 16TH DAY OF JUNE 2011.
MARIE KEETON
TREASURER, RAVALLI COUNTY
BS 6-22, 6-29, 7-6-11.
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BID REQUEST
RAVALLI COUNTY WEED CONTROL WORK ALONG BITTERROOT RIVER
Ravalli County is soliciting bid requests for blueweed control work to be done along the Bitterroot River for the 2001 spray season. Sealed bids must include a commercial applicator’s license, proof of insurance, list of equipment and the amount necessary to provide all labor, materials, equipment and incidentals needed to perform the specified work.
If you are interested in submitting a bid request, contact the Ravalli County Weed District at 406-777-5842 for a copy of the contract and specifications of the work to be completed during the 2011 spray season. For information on the bid process, contact Glenda Wiles at the Commissioner’s Office at 406-375-6500.
Sealed bids must be received at the Clerk and Recorders Office at 215 S. 4th Street, Suite C, Hamilton, MT. 59840 by July 6, 2011, 4:00 p.m. MST. Bids will then be opened in the Commissioners Conference Room (third floor) at 215 S. 4th Street, Hamilton, MT., on July 7, 2011, at 8:30 a.m. MST. The bid/contract will then be awarded on July 12, 2011, at 9:00 in the Commissioners Conference Room.
Glenda Wiles
Commissioners Administrative Assistant
BS 6-22, 6-29-11.
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LEGAL NOTICE
The Ravalli County Board of County Commissioners (BCC) will conduct a public hearing to receive citizen comment on Morado Mountain Estates, a proposed 58-lot major subdivision on 165 acres with one variance request located off Eight Mile Creek Road and Granite Creek Road east of Florence. The subdivision is proposed to be filed in three phases. The variance request is from the road standards in Section 5-4-5(a) and b(4) of the Ravalli County Subdivision Regulations. The property is located in the S2NW4 and the W2NE4 of Section 10, T10N, R19W, P.M.M., Ravalli County, Montana. The applicant is Morado Mountain Estates, LLC.
Information describing the proposal is available for inspection at the Planning Department, in the County Administrative Center, 215 S. 4th Street, Suite F, Hamilton, MT 59840. The public hearing will be held Thursday July 14, 2011 at 9:00 AM in the Commissioners’ Meeting Room at the Administrative Center. The public may comment verbally or in writing at the hearing. Comments and information submitted at the public hearing will be considered in the decision on Morado Mountain Estates and the variance request. However, please note that only under select circumstances will new information be allowed into the record after the public hearing.
BS 6-29-11.
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INVITATION TO BID
Separate sealed bids for construction of parking lot improvements will be received at the office of the Superintendent of Lone Rock School District until, until 4:00 p.m., local time, July 13, 2011 and then publicly opened and read aloud the next day.
Proposals shall be marked “Lone Rock School District Parking Lot Improvements.”
The project consists of:
6,650 s.y. of a.c. paving and base.
7 drywells with iron grates.
Parking lot striping.
The contract documents consisting of Drawings and Project Specifications may be examined or obtained at the office of Bitterroot Engineering and Design, Inc.; 1180 Eastside Highway, Corvallis, MT 59828.
The bid proposal package is available for a non-refundable deposit of $10 per set. In addition, a $10 shipping and handling fee will be charged if plans are not picked up.
CONTRACTOR’S and any of the CONTRACTOR’s subcontractors doing work on this project will be required to obtain registration with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734.
CONTRACTOR’s are not required to have registered with the DLI prior to bidding on this project, but must have registered prior to execution of the Construction Agreement.
All laborers and mechanics employed by CONTRACTORS or subcontractors in performance of the construction work shall be paid wages at rates as may be required by the United States Department of Labor. The CONTRACTOR must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.
Each bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond payable to Lone Rock School District No.13, in an amount not less than ten percent (10%) of the total amount of the bid. Successful BIDDERS shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful BIDDER(s) and a certificate(s) of that insurance shall be provided.
No bid may be withdrawn after the scheduled time for the submittal opening of bids, which is 4:00 p.m. on July 13,2011.
The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days.
The Lone Rock School District No. 13 is an Equal Opportunity Employer.
Published at Stevensville, Montana, this day of 2011.
Bitterroot Engineering and Design, Inc.
1180 Eastside Highway
Corvallis, MT 59828.
BS 6-29, 7-6-11.
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INVITATION TO BID
The Ravalli County Board of County Commissioners is now accepting sealed bids for the delivery of WESTSIDE ROAD FENCING PROJECT.
Sealed bids will be received by the Ravalli County Clerk & Recorders Office at 215 South Fourth Street, Suite C, Hamilton, MT, 59840 until 9:00 a.m. on Friday, July 15, 2011. Proposals received will be publicly opened and read aloud at 10:00 a.m. on Monday, May 22, 2011 by the Board of County Commissioners in the Commissioners’ Conference Room.
The project consists of the supply and installation of 4-strand barbed wire fence, round 3-rail wood fence, wire mesh fence, and 12-foot metal gates along the east and west sides of Westside Road between Owings Creek Road and Wyant Lane in Ravalli County.
Contract documents may be examined or obtained at the Ravalli County Road & Bridge Department offices at 244 Fairgrounds Road, Hamilton, Montana, 59840.
Questions relative to the standard and special provisions, and to the bid process, may be directed to the Ravalli County Road Supervisor at (406) 363-2733.
No proposal may be withdrawn after the scheduled time for the public opening of proposals, which is scheduled for 9:00 a.m. Friday, July 15, 2011.
Ravalli County reserves the right to reject any or all proposals received, to waive informalities therein, to postpone the award of the contract for a period of time not to exceed 60 days and to accept the lowest responsive and responsible proposal determined to be in the best interest of Ravalli County.
BS 6-29, 7-6-11.