NOTICE OF SALE UNDER
MONTANA TRUST INDENTURE
Dated: September 11, 2017
Grantor: Jeffrey D. Weisweaver
273 Doran Lane
Hamilton, MT 59840
Original Trustee: First Montana Title Company of Hamilton
250 W. Main St.
Hamilton, MT 59840
Beneficiary: Verna Gill Family LP
301 N. 10th Street
Hamilton, MT 59840
Successor Trustee: John S. Masar
LionWood Law, PLLC
115 W. 3rd Street, Suite 103
Stevensville, Montana 59870
Recording Reference: Instrument No. 713451, recorded September 11, 2017, records of the Clerk and Recorder of Ravalli County, Montana
NOTICE IS HEREBY GIVEN that on April 20, 2021, at 10:00 a.m., at the office of LionWood Law, PLLC, 115 W. 3rd Street, Suite 103, Stevensville, Montana, JOHN S. MASAR, as successor Trustee under the above-described Trust Indenture, in order to satisfy the obligation described below, has elected to and will sell at public auction to the highest bidder, for lawful cash money of the United States of America, immediately payable to the successor Trustee at the time of the sale, 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., without warranty or covenant, express or implied, as to title or possession, all of Grantor’s right, title, and interest in and to the following described real property situated in Ravalli County, State of Montana:
Lots 10 and 11, Block 1, Nicol’s Addition No. 2, Ravalli County, Montana according to the recorded plat thereof.
Excepting Therefrom that portion conveyed to the State of Montana in Book 76 of Deeds, page 218.
Note: Property is shown on Retracement Survey No. 570425-TR
Commonly known as: 1160 S. 1st Street, Hamilton, Montana 59840
Parcel #729600 / Geocode 13-1468-31-3-01-12-0000
TOGETHER WITH all existing or subsequently erected or affixed buildings, improvements, and fixtures; all easements, rights of way, and appurtenances; all water, water rights, dams, flumes, ditches and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters.
TRUSTEE’S NOTE REGARDING CLERICAL ERROR IN TRUST INDENTURE – Beneficiary’s Name and Principal Address: The correct name and principal address of the entity Beneficiary, per its registration with the Montana Secretary of State, is: The Verna Gill Family, LP, Verna Gill, Sapphire Lutheran Homes, Apt. 29, 501 N. 10th St., Hamilton, Montana 59840.
OTHER DOCUMENTS RELATING TO THE TRUST INDENTURE:
Claim of Lien, TT&E, Inc., 195 Pine Drive, P.O. Box 583, Victor, Montana 59875 recorded in the records of the office of the Clerk and Recorder of Ravalli County, Montana, on April 23, 2020, as Instrument No. 742820.
Substitution of Trustee, appointing John S. Masar as Trustee in the place of First Montana Title Company of Hamilton, recorded November 20, 2020, in the records of the office of the Clerk and Recorder of Ravalli County, Montana, as Instrument No. 752023.
DEFAULTS FOR WHICH THE FORECLOSURE IS MADE: The Grantor has breached the terms of the Trust Indenture and the corresponding Promissory Note in that Grantor has: (a) failed to pay the monthly installment payment in the amount of $1,771.51, plus the monthly escrow service fee of $9.00, for a total monthly amount of $1,780.51 due for the 1st day of May, 2020, and a like sum of $1,780.51 due for the 1st day of each and every month thereafter, which monthly installments would have been applied to the principal and interest due on said obligation and other charges against the property or loan; (b) failed to pay when due the real property taxes against the real property; (c) failed to pay when due all claims for materials furnished to the property; and (d) committed waste of the real property by burying materials thereon in a quantity and manner that requires removal and proper disposal to return the real property to its useful condition.
The sum owing on the obligation secured by the Trust Indenture is: $315,563.06 in principal, plus interest thereon at the rate of five percent (5.00%) for the period April 12, 2020, to December 3, 2020, in the amount of $10,239.87, plus owed and accrued late charges in the amount of $400.00, plus borrower escrow fees in the amount of $147.00, for a total amount due of $326,349.93. Interest continues to accrue for the period beginning December 3, 2020, at the per diem rate of $43.2278. In addition, the Grantor is obligated to pay the expenses of this sale, which includes 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 are delinquent and that may become due; Beneficiary’s costs and attorney fees; and the successor Trustee’s costs and fees. Any such of these amounts that are paid by the Beneficiary will be added to the obligation secured by the Trust Indenture.
Dated this 17th day of December, 2020.
/s/ John S. Masar, Successor Trustee
LionWood Law, PLLC
115 W. 3rd Street, Suite 103
Stevensville, MT 59870
STATE OF MONTANA )
: ss.
County of Ravalli )
On the 17th day of December, 2020, before me, the undersigned, a Notary Public for the State of Montana, personally appeared John S. Masar, known to me to be the person who before me executed the within Notice of Trustee’s Sale as successor Trustee, and who acknowledged to me that he executed the same as such successor Trustee.
/s/ Kristin D. Marshall
NOTARY PUBLIC FOR THE STATE OF MONTANA
Residing at Florence, MT
My Commission Expires May 01, 2023
BS 2/17, 2/24, 3/3