Wednesday, September 23, 2009

Legal Notices

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 project will replace an existing sanitary latrine at the Woodside Bridge Fishing Access Site on Woodside Cutoff Road (Route 373). The project is located near Corvallis in Section 31, Township 7 North, Range 20 West, Ravalli County. The applicant is the Montana Department of Fish, Wildlife & Parks. 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 October 8, 2009 at 5:00 pm. (Reference Application #FA-09-10)

BS 9-23-09.

NOTICE OF PUBLIC HEARING

The BOARD OF RAVALLI COUNTY COMMISSIONERS will hold a public hearing on Wednesday, September 30, 2009 at 10:00 a.m. in the Commissioners Conference Room at 215 S. 4th Street, Hamilton, MT. The purpose of this public hearing is to take public comment and act on a petition by Neil Maki to abandon a portion of an easement in Block 11 of Hamilton Heights Subdivision along the east side of Lots 9-12 and along the north side of lot 12. This is a no name road that extends off of Willow Creek Cross Road located in Section 11 & 1, Township 6 North and Range 20 West to Hamilton Heights Road.

If you would like further information on this petition contact the Commissioners Office at 375-6500, or at the Commissioners Office at the above address or by email at commissioners@ravallicounty.mt.gov.

Glenda Wiles
Administrative Assistant
Ravalli County Commissioners Office

BS 9-16, 9-23-09.

NOTICE OF SHERIFF’S SALE OF REAL PROPERTY

FARMER’S STATE BANK, PLAINTIFF VS. HIGGINS FAMILY LIMITED PARTNERSHIP, RICH’S DOTSONS SALOON, INC. AND RICHARD A. HIGGINS, DEFENDANTS

To be sold at Sheriff’s Sale on the 1st day of October, 2009 at 9 o’clock a.m., at the Ravalli County Courthouse, main floor lobby, the defendants’ interest in the following real property:

The real property known as NHN Chipmunk Lane, Darby, and more particularly described as:

A portion of the NW1/4SW1/4 Section 26, and NE1/4SE1/4 Section 27, Township 2 North, Range 21 West, P.M.M., Ravalli County, Montana, being described as that portion of Tract A, Certificate of Survey No. 5304-G lying east of West Fork Highway (once described as H, Certificate of Survey No. 4253)

EXECEPTING THEREFROM Tract A, Certificate of Survey No. 4398

This sale is to be to the highest bidder, for cash, to satisfy a judgment of $591,976.92 plus costs of the sale and other costs including, but not limited to, attorney’s fees in the amount of $13,176.75, and $1,608.00 in costs of foreclosure, together with accruing interest at the rate of $153.23 per day, as of April 22, 2009 and continuing to the date of the sale

This sale is being held in accordance with MCA 25-13-704 (1) pursuant to a Order of Sale entered in the Montana Twenty-First Judicial District Court, Ravalli County on the 3rd day of June, 2009.

Furthermore, this sale is subject to a statutory one year right of redemption.

Chris Hoffman, Sheriff of Ravalli County

BS 9-16, 9-23, 9-30-09.

Notice of Trustee’s Sale T.S. NO. 09-0130150 Title Order No. 090627630MTGSI

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 01/19/2010, 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 CHRISTINE M LINDH as Grantors, conveyed said real property to CHARLES J PETERSON, ATTORNEY AT LAW as Trustee, to secure an obligation owed to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Beneficiary by Trust Indenture Dated 08/23/2007 and recorded 09/12/2007, in document No. 594410 in the office of the Clerk and Recorder Ravalli County, Montana; being more particularly described as follows: A TRACT OF LAND IN THE S1/2 OF LOT 1, BELL WYANT RANCH SUBDIVISION, RAVALLI COUNTY, MONTANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEARING N. 89 DEGREES 33’ WEST 276.21 FEET FROM THE SOUTHEAST CORNER OF SAID LOT J; THENCE N. 89 DEGREES 33’ WEST 276.21 FEET; THENCE N 00 DEGREES 00’ 656.06 FEET; THENCE S. 89 DEGREES 44’ EAST 276.21 FEET; THENCE S. 00 DEGREES 00’ 666.95 FEET TO THE POINT OF BEGINNING. Property Address: 310 CANYON CREEK ROAD, 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 06/01/2009, 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 $235,430.09 together with interest thereon at the current rate of 6.50% per annum from 05/01/2009 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: 9/16/09 RECONTRUST COMPANY, N.A. Successor Trustee 2380 Performance Dr, TX2-985-07-03 Richardson, TX 75082 ASAP# 3252710 09/16/2009, 09/23/2009, 09/30/2009.