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Wednesday June 2, 2010


Legal Notices


NOTICE OF TRUSTEE’S SALE

TO BE SOLD FOR CASH AT TRUSTEE’S SALE on September 14, 2010, at 10:00 o’clock A.M. at the Main Door of Ravalli County Courthouse, 205 Bedford, Ste G, Hamilton, MT 59840 the following described real property situated in Ravalli County, Montana:

Lot 14-A Amended Subdivision Plat No. 492676, being a portion of Lots 13 and 14, Block 11, Sunnyside Orchards No. 3, Ravalli County, Montana, according to the official recorded plat thereof.

TOGETHER WITH an easement for ingress and egress over the existing road which runs North along the west line of Section 7, Township 9 North, Range 19 West, P.M.M., and the east line of said Section 12, Township 9 North, Range 20 West, P.M.M., and West through said Section 12 to the county road.

Commonly known as: 4292 Grizzly Way, Stevensville, MT 59870

Steve Nivison and Kathy L Nivison, as Grantor(s), conveyed said real property to First American Title Co., as Trustee, to secure an obligation owed to Farmers State Bank, as Beneficiary, by Deed of Trust dated July 31, 2002, and recorded August 5, 2002, as Document No. 499998, modified by Modification Agreement recorded May 10, 2004, as Instrument No. 535141. The beneficial interest is currently held by Farmers State Bank.

Steve Nivison and Kathy L Nivison has defaulted in the performance of said Deed of Trust by failing to make the monthly payment of $271.86 for February 6, 2010, $585.34 for March 6, 2010 and $585.34 plus $29.16 in late fees for April 6, 2010, and a like sum of $585.34 due for the 6th day of each and every month thereafter, 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 April 28, 2010 there is due and owing on the loan an unpaid principal balance of $43,764.43, accrued interest in the amount of $249.23, and late fees in the amount of $29.26, for a total amount due of $44,042.92. Interest accrues on the Note at the rate of 9.76% per annum with a per diem rate of $11.87 after April 28, 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: May 6, 2010
First American Title Co.
By: Dalia Martinez, Assistant Secretary for First American Title Co. c/o First American Specialty Services, P O Box 339, Blackfoot ID 83221

BS 5-26, 6-2, 6-9-10.


NOTICE

The second half of the 2009 Real Estate Taxes are due payable before 5 pm. May 31, 2010. Mail payments must be postmarked by May 31, 2010 or the payment will be returned for Penalty and Interest. Please make checks payable to the Ravalli County Treasurer. Master Card or Visa is accepted. Now accepting online payments at www.ravallicounty.mt.gov

Ravalli County Treasurer
JoAnne Johnson
215 S 4th St Ste H
Hamilton MT 59840
406-375-6600

BS 5-12, 5-19, 5-26, 6-2-10.


BEFORE THE DEPARTMENT OF REVENUE OF THE STATE OF MONTANA LIQUOR LICENSING

NOTICE OF APPLICATION FOR ISSUANCE OF ONE ORIGINAL (NEW) MONTANA RETAIL ON-PREMISES CONSUMPTION RESTAURANT BEER AND WINE LICENSE

On April 20, 2010, The Burger Shack, Inc. – Sole Shareholder: Lisa J. Butler, filed an application for the issuance of a license to be used at THE BURGER SHACK, 205 Main Street, 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 June, 2010. Protests will be accepted from creditors 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 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 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 new license are limited to those set out in section 16-4-405, MCA for denial of a license, and public convenience and necessity as set forth in section 16-4-203, 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 at hearing 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: May 3, 2010
BY: Jason R Lay, Compliance Specialist

BS 5-12, 5-19, 5-26, 6-2-10.


NOTICE OF TRUSTEE’S SALE

TS No. 10-0006992 Title Order No. 100035351MTGSI 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 09/28/2010 at the hour of 10:00 AM sell at public auction to the highest bidder for cash the interest in the following described reel 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 J LLEWELLYN AND LINDA M LLEWELLYN HUSBAND AND WIFE as Grantors conveyed said real property to FIRST AMERICAN TITLE as Trustee to secure an obligation owed to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. as Beneficiary by Trust Indenture Dated 03/03/2000 and recorded 03/13/2000 In document No 462945 in Book/Reel/Volume Number N/A at Page Number N/A in the office of the Cleric and Recorder Ravalli County Montana being more particularly described as follows LOT 4 NEW FARM ACRES RAVALLI COUNTY MONTANA ACCORDING TO THE OFFICIAL PLAT RECORDED MAY 30, 1985 AS INSTRUMENT NO 293328 Property Address: 5384 NEW FARM WAY FLORENCE, MT 59833 The beneficial interest under said Trust Deed and the obligations secured thereby are presently held by THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS INC ASSET BACKED CERTIFICATES,SERIES 2006 18 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 10/01/2009, 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 $69,410.99 together with interest thereon at the current rate of 10.375% per annum from 09/01/2009 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: 5/13/2010 RECONTRUST COMPANY, N.A. Successor Trustee 2380 Performance Dr, TX2-985-07-03 Richardson, TX 75082 ASAP# 3569156 05/26/2010, 06/02/2010, 06/09/2010


LEGAL NOTICE

The Ravalli County Planning Department is inviting public comment on a floodplain permit application for work proposed within the floodplain of the West Fork of the Bitterroot River. The proposed project will repair an existing boat ramp by re-grading, placing several large rocks, and installing small amounts of gravel. The project is located at the Applebury Creek Fishing Access Site off of West Fork Rd., in Section 17, Township 1 North, Range 21 West, Ravalli County. The applicant is the Fly Fishers of the Bitterroot. 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 June 17, 2010 at 5:00 pm. (Reference Application #FA-10-12)

BS 6-2-10.


MONTANA TWENTY-FIRST JUDICIAL DISTRICT COURT, RAVALLI COUNTY

IN THE MATTER OF THE ESTATE OF REBA C. FALK, Deceased.

Cause No. DP-10-36
Dept. 1

NOTICE TO CREDITORS

NOTICE IS HEREBY GIVEN that the undersigned have 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 CHARLOTTE L. KELLEHER, Personal Representative, return receipt requested, c/o Bell & Bell, P.C., 210 South 3rd Street, P.O. Box 210, Hamilton, Montana 59840, or filed with the Clerk of the above-entitled Court.

Dated this 17th day of May, 2010.
/s/ Charlotte L. Kelleher, Personal Representative

BS 6-2, 6-9, 6-16-10.


MONTANA TWENTY-FIRST JUDICIAL DISTRICT COURT, RAVALLI COUNTY

In the Matter of the Name Change of Michal Andrew DeMaree, Petitioner

Case No. DV-10-284/4
Dept. 2

NOTICE OF HEARING ON PROPOSED NAME CHANGE

PLEASE TAKE NOTICE THAT Petitioner, Michal Andrew DeMaree, has petitioned the District Court for the 21st Judicial District for a change of name from Michal Andrew DeMaree to Michael Jay Harry, and the petition for name change will be heard by a District Court Judge on the 23rd day of Jun, 2010, at 1:30 p.m. in the Ravalli County Courthouse located at 205 Bedford, Hamilton, MT, in courtroom number 2. At any time before the hearing, objections may be filed by any person who can demonstrate good reasons against the change of name.

DATED this 24th day of May, 2010.
s/s/ Debbie Harmon, Clerk of Court
By: P. Trautwein, Deputy Clerk of Court.

BS 6-2, 6-9 6-16, 6-23-10.


PUBLIC NOTICE

Notice of Application for Air Quality Permit (pursuant to Section 75-2-211, MCA, and ARM Title 17, Chapter 8, Subchapter 6, Open Burning), Darren Newsom has filed on or about 5/5/10 an application for a conditional air quality open burning permit from the Permitting and Compliance Division of the Montana Department of Environmental Quality. Applicant seeks approval of its application to open burn cardboard boxes, cardboard barrels and wooden pallets at 3616 Eastside Hwy., Stevensville, MT 59870, SE 1/4 Sect. 34, Township 9N, Range 20W, Ravalli County.

Any member of the public with questions or who wishes to receive notice of the Department’s determination and the location where a copy of the application and the Department’s analysis of it can be reviewed, or to submit comments on the application, must contact the Department at 1520 East Sixth Ave., P.O. Box 200901, Helena, Montana 59620-0901, phone (406) 444-3490.

Any comments on the application must be submitted to the Department within 20 days after publication of this notice or filing of the application, whichever is later. The Department’s decision to approve or deny any application for a conditional open burning permit my be reviewed by the Board of Environmental Review (board) according to the following procedure:

When the Department approves or denies the application for a conditional open burning permit under this section, a person who is jointly or severally adversely affected by the Department’s decision may request, within 15 days after the Department renders its decision, upon affidavit setting forth the grounds therefor, a hearing before the Board. A hearing shall be held under the provisions of the Montana Administrative Procedures Act.

The Department’s decision on the application is not final unless 15 days have elapsed and there is no request for a hearing under this section. The filing of a request for a hearing postpones the effective date of the Department’s decision until the conclusion of the hearing and issuance of a final decision by the Board.

6-2-10.




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