NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that Melvin J. Cook, 210 Park Ave., Stevensville, MT 59870, the Beneficiary, and MARTINS. KING, the Successor Trustee, under the “DEED OF TRUST-Trust Indenture Under the Small Tract Financing Act of Montana”, dated October 2, 2014 (referred to in this notice as the “Trust Indenture”), has elected to sell, and will sell the property described in this notice, on February 4, 2020, at 10:00 a.m. at the Ravalli County Courthouse, located at 205 Bedford St, Hamilton, MT 59840, and on the terms described in this notice, in order to satisfy the obligations described in this notice, pursuant to the terms of the Trust Indenture and the provisions of the Small Tract Financing Act, Mont. Code Ann.§ 71-1-301, et. seq.
DESCRIPTION OF THE TRUST INDENTURE:
Grantor/Trustor: Eagle’s Landing Construction, Inc., a Montana corporation
Original Trustee: Stewart Title of Ravalli County, LLC
Successor Trustee: Martin S. King, Esq.
Beneficiary/Lender: Melvin J. Cook and Kathleen Cook
Date: October 2, 2014
DESCRIPTION OF THE PROPERTY COVERED BY THE TRUST INDENTURE AND WHICH WILL BE SOLD AT THE TRUSTEE’S SALE:
All of Grantor’s right, title, and interest in and to the following described real property, together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property, including all replacements and additions, pursuant to the Substitution of Collateral dated June 19, 2017, and recorded June 21, 2017, as Document No. 710905:
A tract of land located in and being a portion of the NE 1/4 of Section 34, Township 9 North, Range 20 West, P.M.M., situated in Ravalli County, Montana, and being more particularly described as Parcels C and D, Certificate of Survey No. 604410-F
Hereafter “property”.
The real property address is commonly known as 143 MIDDLE BURNT FORK RD, STEVENSVILLE, MT 59870
RECORDING REFERENCE:
DEED OF TRUST-Trust Indenture Under the Small Tract Financing Act of Montana recorded on October 2, 2014, as Document No. 681525, records of Ravalli County, Montana.
OTHER DOCUMENTS RELATING TO THE TRUST INDENTURE:
Substitution of Collateral dated June 19, 2017, and recorded in the records of the office of the Clerk and Recorder of Ravalli County, Montana June 21, 2017, as Document No. 710905.
Appointment of Successor Trustee, appointing Martin S. King as trustee in the place of Stewart Title of Ravalli County, LLC recorded September 16, 2019, in the records of the office of the Clerk and Recorder of Ravalli County, Montana, as Document No. 735317.
DEFAULT FOR WHICH THE FORECLOSURE IS MADE:
The Grantor has defaulted on the terms of said Trust Indenture and the corresponding Promissory Note in that it has failed to pay the payments required thereunder when due and has failed to pay real property taxes against the real property when due.
AMOUNTS OWED ON THE OBLIGATIONS SECURED BY THE TRUST INDENTURE as of September 15, 2019:
Principal: $140,000.00
Interest: $18,181.82
Trustee’s Sale Guarantee: $917.00
Recording Fees: $14.75
Attorney Fees: $670.00
Late Charges: $857.85
Total: $160,641.42
Interest continues to accrue. In addition, the Grantor is obligated to pay the expenses of this sale, the Beneficiary’s costs and expenses advanced to preserve and protect the property, real property taxes that may become due or delinquent, Beneficiary’s costs and attorney fees, and the Successor Trustee’s costs and fees. If such amounts are paid and/or incurred by the Beneficiary, they will be added to the obligation secured by the Trust Indenture.
THE TRUSTEE’S OR BENEFICIARY’S ELECTION TO SELL THE PROPERTY TO SATISFY THE OBLIGATION:
The Beneficiary has elected to sell, and has directed the Successor Trustee to sell, the above-described property to satisfy the obligation.
DATE, PLACE, and TIME OF SALE:
Date and time of sale: February 4, 2020, at 10:00 a.m.
Place: Foyer of Ravalli County Courthouse, located at 205 Bedford St, Hamilton, MT 59840.
Dated this 18th day of September, 2019.
/s/ Martin S. King, Successor Trustee
Worden Thane P.C.
P.O. Box 4747
Missoula, MT 59806-4747
(406) 721-3400
STATE OF MONTANA )
: ss.
County of Missoula )
On the 18th day of September, 2019, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Martin S. King, known to me to be the person whose name is subscribed to the within Notice of Trustee’s Sale as Successor Trustee, and acknowledged to me that he executed the same as such Successor Trustee.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written.
(SEAL)
/s/CHRISTINA JOHNSON .
NOTARY PUBLIC for the
State of Montana
Residing at Victor, MT
My Commission Expires
November 15, 2020.
BS 11-27, 12-4, 12-11-19. MNAXLP