Wednesday, April 21, 2010

Legal Notices

NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

FIRST CITIZENS BANK OF EAST MISSOULA, PLAINTIFF VS. SHAWN ALLEN, AKA SHAUN ALLEN, UNITED STATES TREASURY – INTERNAL REVENUE SERVICE, AND JACK BIELER, DEFENDANTS

To be sold at Sheriff’s Sale on the 22nd day of April, 2010 at 10 o’clock, a.m., at the Ravalli County Courthouse, 205 Bedford St, main floor lobby, the interest of the defendants in the following real property:

Lot 14, Gunshy Ridge, Ravalli County, Montana, according to the official plat recorded November 30, 2005, as Instrument No. 563427.

This sale is to be to the highest bidder, for cash, to satisfy a judgment of $329,572.42 plus costs of the sale and other costs, together with accruing interest at the rate of $90.30 per day since the 3rd day of March, 2010.

This sale is being held in accordance with MCA 25-13-704 (1) pursuant to a renewed entry of default, default judgment, and order of sale entered in the Montana Twenty-First Judicial District Court, Ravalli County on the 3rd day of March, 2010.

Chris Hoffman, Sheriff of Ravalli County

BS 4-7, 4-14, 4-21-10.

MONTANA TWENTY-FIRST JUDICIAL DISTRICT, RAVALLI COUNTY

Roland Family Trust, Plaintiff, vs. Ron Garcia, Defendant.

Charles Roland, Plaintiff, vs. Ron Garcia, Defendant.

Cause No. DV-08-375
Dept. 2

ORDER OF SALE

A Judgment and Decree of Foreclosure has been entered as March 25, 2010. Among other things it provided the court would enter a separate Order of Sale directing the Sheriff of Ravalli County to sell the real and personal property which was subject to the foreclosed commercial security agreement and trust indenture.

It is therefore ORDERED:

The Sheriff of Ravalli County shall sell the real property described in Exhibit A attached hereto and by this reference made a part hereof, at a public auction sale after proper notice is given.

Prior to sale, the Sheriff shall post a notice of sale describing the real and personal property and the date, time, and location of sale for 20 days in three (3) public places in the county where the real property is situated and at the county courthouse where the property is to be sold, and also publish a copy of the notice once a week for three (3) weeks in a newspaper published in Ravalli County, Montana.

The sale shall occur on the 28th day of April, 2010 at 10:00 o’clock a.m.

The sale shall take place at the Bedford Street entrance on the North side of the Ravalli County Courthouse, 205 Bedford, Hamilton, Montana 59840.

The real property shall be sold to the highest bidder for cash which must be paid at the time of sale unless the successful bidder is Roland Family Trust in which case credit for the amount bid shall be given against the judgment.

The Sheriff shall apply the proceeds of sale first to payment of real property taxes then due and owing, then to the costs of sale, then the amount of $211,000.00 plus interest at 10% from the date of this order to the date of sale to Roland Family Trust’s Judgment. The balance of proceeds, if any, shall then be paid to the parties as their interests appear and if the Sheriff cannot determine that, then the excess proceeds shall be deposited with the Clerk of this District Court.

EXHIBIT “A”

A Tract of land in Lake Como Orchards No. 3, Ravalli County, Montana, described as follows:

Commencing at the section corner common to Sections 4, 5, 8 and 9, Township 3 North, Range 21 West, P.M.M.; thence S. 46 degrees 39’12” East 1544.34 feet to the point of beginning; thence S. 3 degrees 50’50” East 242.98 feet.; thence N. 85 degrees 03’10” East 45.00 feet; thence S. 13 degrees 07’49” North 375.15 feet to the center of a 60 foot access easement; thence along the centerline of said easement S. 59 degrees 21’21” West 67.30 and 115.52 feet along a curve to the right having a radius of 173.19 feet; thence N. 7 degrees 36’40” West 650.54 feet; thence N. 81 degrees 36’00” East 110.11 feet to the point of beginning, and more particularly described as Tract 33, Certificate of Survey No. 250. EXCEPTING THEREFROM that portion deeded in Book 166 Deeds, page 579. Deed Ref: 492858.

DATED this 31st day of March, 2010.

/s/James A. Haynes
Hon. James A. Haynes, District Judge

BS 4-7, 4-14, 4-21-10.

MONTANA TWENTY-FIRST JUDICIAL DISTRICT COURT, RAVALLI COUNTY

IN THE MATTER OF THE ESTATE OF EDWARD A. ZERBST, Deceased.

Cause No. DP-10-19
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 Kim Cegler, 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 31st day of March, 2010.
/s/ Kim Cegler, Personal Representative

BS 4-7, 4-14, 4-21-10.

NOTICE OF TRUSTEE’S SALE

T.S. No. 10-0046564 Title Order No. NWT003170 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 08/17/2010, 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 DANIEL C SHERWOOD AND CAROL SHERWOOD, HUSBAND AND WIFE 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 12/18/2006 and recorded 12/22/2006, in Document No. 582099 in Book/Reel/Volume Number - at Page Number - in the office of the Clerk and Recorder Ravalli County, Montana, being more particularly described as follows: A TRACT OF LAND LOCATED IN AND BEING A PORTION OF THE NE1/4 OF SECTION 26 TOWNSHIP 7 NORTH, RANGE 21 WEST, P.M.M., RAVALLI COUNTY, MONTANA, AND BEING MORE PARTICULARLY DESCRIBED AS PARCEL B, CERTIFICATE OF SURVEY NO. 1060. Property Address: 419 BOURNE LANE VICTOR, MT 59875 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 12/01/2009, 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 $181,035.43 together with interest thereon at the current rate of 7.125% per annum from 11/01/2009 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: 04-13-2010 RECONTRUST COMPANY, N.A. Successor Trustee 2380 Performance Dr, TX2-985-07-03 Richardson, TX 75082 ASAP# 3516302 04/14/2010, 04/21/2010, 04/28/2010

NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

Roland Family Trust and Charles Roland, PLAINTIFF VS. Ron Garcia, DEFENDANTS

To be sold at Sheriff’s Sale on the 28th day of April, 2010 at 10 a.m., at the Ravalli County Courthouse, 205 Bedford St, Hamilton, north entrance, the following real property:

A Tract of land in Lake Como Orchards No. 3, Ravalli County, Montana, described as follows:

Commencing at the section corner common to Sections 4, 5, 8 and 9, Township 3 North, Range 21 West, P.M.M.; thence S.46°39’12” East 1544.34 feet to the point of beginning; thence S.3°50’50” East 242.98 feet; thence N.85°03’10” East 45.00 feet; thence S.13°07’49” North 375.15 feet to the center of a 60 foot access easement; thence along the centerline of said easement S.59°21’21” West 67.30 and 115.52 feet along a curve to the right having a radius of 173.19 feet; thence N.7°36’40” West 650.54 feet; thence N.81°36’00” East 110.11 feet to the point of beginning, and more particularly described as tract 33, Certificate of Survey No. 250. EXCEPTING THEREFROM that portion deeded in Book 166 Deeds, page 579. Deed Ref: 492858

The physical address of this property is 499 Bunkhouse Road, Darby, Montana 59829.

This sale is to be to the highest bidder, for cash, to satisfy a judgment of $211,000.00 together with costs of the sale in the amount of $225.00 together with accruing interest at 10% per day from March 31, 2010 through the date of the sale

This sale is being held in accordance with MCA 25-13-701, upon Order for Sale entered in the Ravalli County District Court case number DV-08-375, and entered on March 31, 2010.

Chris Hoffman, Sheriff of Ravalli County

BS 4-14, 4-21, 4-28-10.