NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that Robert D. Broughton and Michiyo Broughton, PO Box 654, Corvallis, MT 59828-0654, the Beneficiary, and SEAN M. MORRIS, the Successor Trustee, under the Deed of Trust dated January 28, 2010 (referred to in this notice as the “Trust Indenture”), has elected to sell, and will sell the property described in this notice, on May 29, 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: Robert D. Broughton and Michiyo Broughton
Original Trustee: First American Title Company of Montana, Inc.
Successor Trustee: Sean M. Morris, Esq.
Beneficiary: Farmers State Bank
Date: January 28, 2010
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 in Ravalli County, State of Montana, together with all existing or subsequently erected or affixed buildings, improvements and fixtures: all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the reel property; including without limitation all minerals, oil, gas, geothermal and similar matters:
Lot 1, Pequeno Oso, Ravalli County, Montana, according to the official recorded plat thereof.
Together with a 30 foot road and utility easement as disclosed in Book 224 of Deeds, page 888.
The real property address is commonly known as 2259 Meridian Road, Victor, MT 59875.
RECORDING REFERENCE:
Deed of Trust recorded on February 1, 2010, as Document No. 627446, records of Ravalli County, Montana.
OTHER DOCUMENTS RELATING TO THE TRUST INDENTURE:
Modification Agreement dated March 22, 2011, and recorded in the records of the office of the Clerk and Recorder of Ravalli County, Montana March 25, 2011, as Document No. 641532.
Appointment of Successor Trustee, appointing Sean M. Morris as trustee in the place of First American Title Company recorded December 26, 2019, in the records of the office of the Clerk and Recorder of Ravalli County, Montana, as Document No. 738967.
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 they have failed to pay the payments required thereunder when due and have failed to pay real property taxes against the real property when due.
AMOUNTS OWED ON THE OBLIGATIONS SECURED BY THE TRUST INDENTURE as of January 13, 2020:
Principal: $130,507.16
Interest: $8,518.24
Late Charges: $491.81
Total: $139,517.21
Interest continues to accrue. In addition, the Grantor is obligated to pay the expenses of this sale, which include the Beneficiary’s costs and expenses advanced to preserve and protect the property; real property taxes, and all penalties and interest relating to real property taxes, that may become due or are delinquent; Beneficiary’s costs and attorney fees; and the Successor Trustee’s costs and fees. If such amounts are paid 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: May 29, 2020, at 10:00 a.m.
Place: Foyer of Ravalli County Courthouse, located at 205 Bedford St, Hamilton, MT 59840
Dated this 14th day of January, 2020.
/s/ Sean M. Morris, Successor Trustee
Worden Thane P. C.
321 W. Broadway, Ste 300
Missoula, MT 59802-4142
(406) 721-3400
STATE OF MONTANA )
: ss.
County of Missoula )
On the 14th day of January, 2020, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Sean M. Morris, 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.
/s/ Melanie L. Miller
Notary Signature
Notary Public for the State of Montana residing at Missoula, MT. My Commission Expires April 18, 2021.
BS 4-1, 4-8, 4-15-20. MNAXLP.