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Wednesday January 26, 2011


Legal Notices


MONTANA TWENTY-FIRST JUDICIAL DISTRICT COURT, RAVALLI COUNTY

IN THE MATTER OF THE ESTATE OF FRANCES R. CORNELISEN, DECEASED.

Probate No. DP 11-2
Dept. 1

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 Marsha A. Reed, the Personal Representative, return receipt requested, at the law office of Lawrence D. Johnson, P.O. Box 500, Hamilton, Montana 59840, or filed with the Clerk of the above-entitled Court.

Dated this 7th day of January 2011.
/s/ Marsha A. Reed, Personal Representative

BS 1-19, 1-26, 2-2-11.


MONTANA TWENTY-FIRST JUDICIAL DISTRICT COURT, RAVALLI COUNTY

IN THE MATTER OF THE ESTATE OF CHARLES R. ERICSON, DECEASED.

Cause No. DP 11-3
Dept. 1

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 Alexandra L. Ericson, the Personal Representative, return receipt requested, at the law office of Lawrence D. Johnson, P.O. Box 500, Hamilton, Montana 59840, or filed with the Clerk of the above-entitled Court.

Dated this 18th day of January 2011.
/s/ Alexandra L. Ericson, Personal Representative

BS 1-26, 2-2, 2-9-11.


AUDIT PUBLICATION STATEMENT

An audit of Ravalli County, Hamilton, Montana has been conducted by Ronald Paul Foltz, Certified Public Accountant. The audit covered the year ended June 30, 2009.

Section 2-7-521, MCA, requires the publication of the following summary of Significant Audit Findings. This is only a summary and is not intended to be used as an audit report.

SUMMARY OF SIGNIFICANT FINDINGS

The audit report for Ravalli County for the year ended June 30, 2009, contained two independent auditor’s reports:

1. The independent auditor’s report on the County’s financial statements. There were no qualifications in the audit report.

2. The independent auditor’s report on internal control over compliance and financial reporting contained one significant deficiency.

3. The independent auditor’s report on the County’s compliance and internal control over compliance applicable to major programs contained no findings.

PUBLIC INSPECTION OF AUDIT REPORT

The completed audit report is on file in its entirety and open to public inspection at the County Administrative Offices at 215 South 4th Street, Hamilton, Montana.

/s/ Glenda M. Wiles

Ravalli County Commissioners

Administrative Assistant

BS 1-19-11, 1-26-11


NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

JOHN POWERS, RYAN CONSTRUCTION RETIREMENT FUND, Michael Ryan, Trustee, Plaintiffs, VS. JOSEPH KING POWELL and MICHELENA POWELL, COLLECTION BUREAU SERVICES, INC., COLLECTION PROFESSIONALS, INC., WATER RIGHTS, INC., LARRY’S PLUMBING, AND JG CONSTRUCTION, Defendants,

To be sold at Sheriff’s Sale on the 3rd day of February, 2011 at 2 o’clock, P. M., at the location of the North entrance to the Ravalli County Courthouse 205 Bedford St., Hamilton, MT the following real property:

All those portions of Wl/2SWl14 and the NEI/4SWl/4 Section 33, Township 9 North, Range l9 West, lying below and west of the right of way of the Bitter Root Valley Irrigation Company, over and across Wl/2SW1/4 and NEl/4SW1/4 Section 33, Township and Range aforesaid, described as commencing at a point on the south line of Section 33, 398 feet east from the southwest corner of Section 33 running thence North 20°25’East, 961feet; thence North 27°40’ East 1942 feet to a point on line dividing NW1/4 from SW1/4 of Section 33 and distant 1542 feet East from the northwest corner of SWI/4 Section 33; thence west along the quarter section line 1542 feet to the northwest corner of SW I /4 of said Section; thence South along the line dividing Section 32 and 33 of Township and Range aforesaid to the southwest corner of Section 33 and thence east along the south boundary line of Section 33, 398 feet to the beginning.

TOGETHER WITH easement for ingress and egress over and across the following properties:

A strip of land 2 rods wide off the east side of E1/2NE1/4 Section 32, Township 9 North, Range 19 West, Ravalli County, Montana.

A tract of land commencing at the southwest comer of the SW1/4 NW1/4 Section 33, Township 9 North, Range l9 West, Ravalli County, Montana, running thence north 20 feet; thence east 80 rods; thence south 20 feet; thence west 80 rods to the point of the beginning, being the south 20 feet across the SWI/4 NWl/4 Section 33, in said Township and Range.

Recording Reference: Book 45 Deeds, page 394.

DEED REFERENCE: Book 190 Deeds, page 09.

Mortgage 1 was duly recorded in the office of Clerk and Recorder of Ravalli County, Montana on June 6, 2008 at document number 604756.

All that part of the S 1/2NW1/4 and Lots 3 and 4, Section 5, Township 8 North, Range l9 West, P.M.M., Ravalli County, Montana, which lies west of the right of way of the Bitter Root Valley Irrigation Company flume.

Sl/2SE1/4 Section 32, Township 9 North, Range 19 West, P.M.M., Ravalli County, Montana.

Together with an easement for ingress and egress across the E .2 rods of the El/2NE & the W.2 rods of the NWSW, 33-9N-19W.

Mortgage 2 was duly recorded in the office of Clerk and Recorder of Ravalli County, Montana on July 3,2008 as Instrument No. 605813.

This sale is to be to the highest bidder, for cash, to be applied to a judgement in the amount of $854782.75 together with accruing interest and costs of sale.

This sale is being held in accordance with MCA 25-13-704 (1) pursuant to an Order of Sale and Decree of Foreclosure under docket number DV-10-207 entered in the Montana Twenty-First Judicial District Court, Ravalli County on the 22ND day of November, 2010.

Chris Hoffman, Sheriff of Ravalli County

BS 1-19, 1-26, 2-2-11.


NOTICE OF TRUSTEE’S SALE

TO BE SOLD FOR CASH AT TRUSTEE’S SALE on May 10, 2011, at 10:00 o’clock A.M. at the Main Door of Ravalli County Courthouse 205 Bedford, Suite G, Hamilton, MT 59840, the following described real property situated in Ravalli County, Montana:

Lot 17A, Amended Subdivision Plat No. 576933, being a portion of Lots 17, 18 and 19,

Block 4, Lake Como Orchards No. 4, Ravalli County, Montana, according to the recorded plat thereof.

Commonly known as: 3850 Hidden Trail, Darby, MT 59829, NKA 3058 Hidden Trail, Darby, MT 59829.

Christopher Lecce and Mary Ann Bonjorni, as Grantor(s), conveyed said real property to First MT Title Co. of Hamilton, as Trustee, to secure an obligation owed to Farmers State Bank, as Beneficiary, by Deed of Trust dated April 2, 2007, and recorded April 6, 2007, as Document No. 586989. The beneficial interest is currently held by Farmers State Bank. First American Title Company of Montana, Inc., is the Successor Trustee pursuant to a Substitution of Trustee dated December 17, 2010 and recorded in the Office of the Clerk and Recorder of Ravalli County, Montana.

Christopher Lecce and Mary Ann Bonjorni have defaulted in the performance of said Deed of Trust by failing to make the monthly payment of $2,693.63 due for the 15th day of October, 2010 and a like sum of $2,693.63 due for the 15th day of each and every month therafter, which monthly installments would have been applied on the principal and interest due on said obligation, and other charges against the property or loan. As of December 17, 2010 there is due and owing on the loan an unpaid principal balance of $164,002.21, accrued interest in the amount of $3,736.06 for a total amount due of $167,738.27. Interest accrues on the Note at the rate of 9.98% per annum with a per diem rate of $45.47 after December 17, 2010. 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: December 30, 2010
/s/Becky Stucki, Assistant Secretary for First American Title Company of Montana, Inc.,Successor Trustee
c/o First American Specialty Services
P O Box 339, Blackfoot ID 83221

BS 1-12, 1-19, 1-26-11.


NOTICE OF TRUSTEE’S SALE

T.S. No. 09-0114828 Title Order No. 090570838MTGSI THE FOLLOWING LEGALLY DESCRIBED TRUST PROPERTY TO BE SOLD FOR CASH AT TRUSTEE’S SALE. Notice is hereby given that the undersigned trustee will, on 03/30/2011, at the hour of 10:00 AM sell at public auction to the highest bidder for cash, the interest in the following described real property which the Grantor has or had power to convey at the time of execution by him of the said Trust Deed, together with any interest which the Grantor his successors in interest acquired after the execution of said Trust Deed, to satisfy the obligations thereby secured and the costs and expenses of sale, including reasonable charge by the trustee, at the following place: At the front entrance of the County Courthouse, 205 Bedford, Hamilton, MT.. RECONTRUST COMPANY, N.A. is the duly appointed Trustee under and pursuant to Trust Indenture in which DAVID DEROULHAC, A MARRIED MAN AS HIS SOLE & SEPARATE PROPERTY as Grantors, conveyed said real property to CHARLES J PETERSON as Trustee, to secure an obligation owed to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Beneficiary by Trust Indenture Dated 10/16/2007 and recorded 10/18/2007, in document No. 595772 in Book/Reel/Volume Number N/A at Page Number N/A in the office of the Clerk and Recorder Ravalli County, Montana; being more particularly described as follows: A TRACT OF LAND IN THE SE1/4SW1/4 OF SECTION 13, TOWNSHIP 6 NORTH, RANGE 21 WEST, M.P.M. RAVALLI COUNTY, MONTANA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS S.00º17’ WEST 221 FEET FROM THE NORTHEAST CORNER OF SAID SE1/4SW1/4 OF SECTION 13, THIS POINT BEING ON THE WEST SIDE OF A COUNTY ROAD; THENCE FROM THE SAID POINT OF BEGINNING S.89º59’ WEST 409.6 FEET; THENCE SOUTH 00º17’ WEST 228 FEET; THENCE N 89º59’ EAST 354.6 FEET TO THE WESTERLY SIDE OF SAID COUNTY ROAD; THENCE N26º13’ EAST 127 FEET ALONG THE SAID ROAD; THENCE CONTINUING ALONG SAID ROAD N 00º17’ EAST 114 FEET TO THE POINT OF BEGINNING. REFERENCE: BOOK 157 DEEDS, PAGE 885. Property Address: 430 W RIVER RD, HAMILTON, MT 59840 The beneficial interest under said Trust Deed and the obligations secured thereby are presently held by BAC HOME LOANS SERVICING,LP FKA COUNTRYWIDE HOME LOANS SERVICING LP There is a default by the Grantor or other person(s) owing an obligation, the performance of which is secured by said Trust Deed, or by their successor in interest, with respect to provisions therein which authorize sale in the event of default of such provision; the default for which foreclosure is made is Grantor’s failure to pay the monthly installment which became due on 09/01/2009, and all subsequent installments together with late charges as set forth in said Note and Deed of Trust, advances, assessments and attorney fees, if any. TOGETHER WITH ANY DEFAULT IN THE PAYMENT OF RECURRING OBLIGATIONS AS THEY BECOME DUE. By reason of said default, the beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable said sums being the following: The unpaid principal balance of $169,433.47 together with interest thereon at the current rate of 6.50% per annum from 08/01/2009 until paid, plus all accrued late charges, escrow advances, attorney fees and costs, and any other sums incurred or advanced by the beneficiary pursuant to the terms and conditions of said Trust Indenture. 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 Grantors. 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 charges against the proceeds to 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. Dated 11/15/2010 Stephanie Dempsey Authorized Signer RECONTRUST COMPANY, N.A. Successor Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 ASAP# FNMA3814684 01/26/2011, 02/02/2011, 02/09/2011


ADVERTISEMENT FOR BIDS: SCHOOL FURNISHINGS – STEVENSVILLE 4-8 CLASSROOM BUILDING

Stevensville Elementary School District is soliciting sealed bids for providing school furnishings. Beginning at noon on Thursday, January 27th, bid packets may be obtained from Pat Pfau at the Stevensville School District Offices at 300 Park Avenue, Stevensville MT 59870, by phone at 406-777-5481 ext. 136, or by e-mail at pfaup@stevensville.k12.mt.us.

To be considered, sealed bids must be physically received no later than 4:00 PM local time on February 9th, 2011 at the School District Office location listed above (or other offices as noted in the Instruction to Bidders). No faxed or electronic bids will be accepted. Bids must be honored for a period of 30 days after the bid opening.

As required by State Law, bids submitted to the School District must be accompanied by a 10% bid security in an approved form. All workers who provide on-site labor must be paid no less than the current State of Montana Prevailing Wages or the current Federal Davis-Bacon Wages, whichever is greater. Wage scale requirements, effective at the time of bidding, are included in the bid packets. Certified payroll records will be required. This project is subject to the Montana State 1% Gross Receipts Tax. Successful bidders must possess a valid State of Montana Contractor Registration and be able to provide insurance coverages in the types and amounts shown in the bid packet. Successful bidders shall give employment preference to bona-fide residents of Montana. A Montana resident bidder will be allowed preference against the bid of a non-resident bidder from any state or county that enforces a preference for resident bidders. Contractors providing on-site work shall comply with the Rules of On-Site Conduct included in the project manual. Background checks will be required for all persons providing on site services. The Stevensville School District reserves the right to reject all bids, reject individual non-responsive bids, or award the bid to the lowest responsible bidder.

BS 1-26, 2-2-11.


LEGAL NOTICE

Sunnyside Orchards No. 3, Block 12, Lot 1A, AP is a proposed three-lot minor subdivision on 3.5 acres. The subdivision is located off Ambrose Creek Road, northeast of the Town of Stevensville. There is an existing single family dwelling on the property and the additional lots are also proposed for single family residential use. The property is located in Section 7, T9N, R19W, P.M.M., Ravalli County, Montana. The applicant is Schultz Investments, 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. Written comments are encouraged to be submitted to the Planning Department prior to the meeting and hearing dates. All comments will be forwarded to the Planning Board and Board of County Commissioners (BCC).

The BCC will conduct a public hearing on Monday, February 14, at 2:00 PM in the Commissioners’ Meeting Room. 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 the subdivision. However, please note that only under select circumstances will new information be allowed into the record after the public hearing.

Please be advised that the meeting times noted above are for when the meeting/hearing begins and that there may be multiple items on the agenda.

BS 1-26-11.


LEGAL AD FOR THE GRANTSDALE ADDITION SUBDIVISION

The Ravalli County Planning Board will conduct a public meeting on the Grantsdale Addition major subdivision on Wednesday, February 2, 2011 at 7:00 p.m. The meeting will be held in the County Commissioners meeting room at the County Administrative Center, located at 215 South 4th Street in Hamilton. The subdivision proposes to create 181 residential lots. The subdivision is proposed to be developed on 68 acres, and contain 6 phases. The subdivision is proposed at the intersection of Skalkaho Highway and Grantsdale Cutoff Road, south of the City of Hamilton, as shown on the associated map. The public may be allowed to provide spoken comment at the Planning Board public hearing, and all written public comments will be entered into the record. It is anticipated that the Planning Board will make a recommendation to the County Commissioners at the conclusion of the meeting on February 2. All written comments received by the date of the Planning Board meeting will be forwarded to the County Commissioners for their consideration.

The Board of County Commissioners will hold a public hearing on the proposed subdivision on Thursday, March 3, 2011 at 9:00 a.m. at the County Administrative Center, located at 215 South 4th Street in Hamilton. The public may comment on the proposal verbally and in writing. However, please note that only under select circumstances will new information be allowed into the record after the public hearing.

Information describing the proposal is available for inspection at the Ravalli County Planning Department (375-6530), in the County Administrative Center, 215 S. 4th Street, Suite F, Hamilton, MT 59840. Written comments may be submitted to the Ravalli County Planning Department via email, fax or mailed to the address listed. Email comments to: planning@ravallicounty.mt.gov. Fax comments to (406)375-6531.

BS 1-26-11.


BEFORE THE DEPARTMENT OF REVENUE OF THE STATE OF MONTANA

LIQUOR LICENSING

NOTICE OF APPLICATION FOR TRANSFER OF LOCATION FOR MONTANA RETAIL ON-PREMISES CONSUMPTION BEER AND WINE LICENSE NO. 13-870-6427-301

On December 9, 2010, Ralls, Inc. - Shareholders with 10% or more: Victor Ralls and Beverly Ralls, filed an application for the transfer of a license to be used at OLE’S 15 ROOSTERS CASINO, 755 Main Street (formerly Ole’s of Stevensville, 38885 US Highway 93 N, Ste E), Stevensville, Ravalli County, Montana.

Protests against an application must be (1) made in writing, (2) mailed to the Department of Revenue, Liquor Licensing, PO Box 1712, Helena, Montana 59624-1712, and (3) received and date stamped by the Department no later than the 14th day of February, 2011. Protests will be accepted from creditors of the transferor or from residents of the county from which the application originates and of adjoining counties only.

Each protestor is required to mail a separate letter of protest that contains in legible print, the protestor’s full name, mailing address, and street address. Each letter must be signed by the protestor. Protest petitions bearing the names and signatures of more than one protestor will not be considered. Protest letters must provide the license number, trade name, or applicant name associated with the license being protested for identification purposes. Protest letters must contain a clear statement of the writer’s intent to protest the application. The grounds for protest of an application for a transfer of location are limited to those set out in section 16-4-405, MCA, for a denial of a license, and public convenience and necessity as set out in section 16-4-203, MCA. If the protested application is for a transfer of ownership not involving a transfer of location, the grounds for protest are limited to those set out in section 16-4-405, MCA. Protest letters which do not provide the information described in this paragraph will not be considered valid protest letters. Only those grounds for protest raised in valid protest letters will be considered at hearing. An individual’s testimony will be limited to the grounds for protest raised in that individual’s valid protest letter.

If the department receives a sufficient number of protests to require a hearing pursuant to section 16-4-207(4)(a), MCA, a hearing will be scheduled in Helena, Montana. If the department receives a sufficient number of protests to require a hearing pursuant to section 16-4-207(4)(b), MCA, to determine public convenience and necessity, a hearing will be held in the county in which the proposed premises is located. All qualified protestors will be notified of the time, date and location of the hearing. Hearings are typically scheduled within 90 days following the protest deadline.

If a sufficient number of protests to require a hearing are not received and all licensing criteria have been satisfied, the department may issue the license without holding a hearing.

DATED: January 19, 2011
BY: Jason R. Lay, Compliance Specialist

BS 1-26, 2-2-11.


LEGAL NOTICE

The Ravalli County Planning Department is inviting public comment on a floodplain permit application for work proposed within the floodplain of the Bitterroot River. The proposed project will stabilize approximately 180 linear feet of river bank with riprap material in order to protect an irrigation structure. The project is located at 5803 Eastside Hwy in Section 18, Township 10 North, Range 19 West, Ravalli County. The applicant is Jim Omdahl. Information regarding this application is available at the Ravalli County Planning Department at 215 S 4th St, Suite F in Hamilton. Written comments may be mailed, faxed (406-375-6531), hand-delivered or emailed (planning@ravallicounty.mt.gov) and must be received by February 10, 2011 at 5:00 pm. (Reference Application #FA-11-01)

BS 1-26-11.




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