Legals for January, 25 2023
CALL FOR BIDS The Town of Superior is requesting bids for a 3 Phase 90KW propane generator and installation at Town water well 3. Bids must be submitted in a sealed envelope clearly marked “Sealed Bid – Generator”, to the Town of Superior, PO Box 729, Superior, MT, 59872. Bids will be accepted until 4:00 PM, Friday February 3, 2023. The bids will be opened February 6, 2023 at 10:00 am. The bid should include and be not limited to the following; 3 Phase 90KW propane generator The installation of the generator, outdoor enclosure, and automatic transfer switch Prep, frame, prepare, and pour the concrete pad Make appropriate alterations to the chain link fence at well 3 Provide start up services, initial load testing, and owner training. For more information or questions contact Public Works Supervisor Rodney Goins, 105 Cedar Street, Superior, MT 59872. Telephone Number 406-822-4672 or email townofsuperiorpw@blackfoot.net . The Town of Superior reserves the right to reject any and all bids, to waive irregularities, or to accept any bid which it deems to be in the best interest of the Town of Superior. Roni K. Phillips, Mayor Attest Brenda Schneider, MMC/CPFA Town Clerk/Treasurer Published in the Mineral Independent on January 18, 25 and February 1, 2023. MNAXLP __________________________
NOTICE OF TRUSTEE’S SALE On June 7, 2023 at 11:00 AM, at the front steps, Mineral County Courthouse, 300 River Street, Superior, MT 59872, Brigham J. Lundberg, a member of the Montana State Bar, as successor trustee, will sell at public auction to the highest bidder, the following described real property situated in Mineral County, Montana, and described as follows: Lot 5 Amended, the Westerly portions of Lots 5 and 6, in Block 2 of EIDELL’S ADDITION to Superior, Montana, described as follows: Beginning at the Northwest Corner of original Lot 5 of said Addition; thence along the line common to Lots 5 and 4 of said Addition, S.82°17’47”E., 113.67 feet; thence S.7°36’20”W., 99.11 feet; thence along the Northern edge of Third Avenue N.82°17’16”W., 100.44 feet; thence along the Easterly edge of First Street, N.0°00’06”E., 100.00 feet to the point of beginning. All according to the Amended Subdivision Plat No. 15A in the Book of Townsites, records of Mineral County, Montana, and designated as Lot 5 Amended thereon. Parcel ID No.: 64400 which has the address of 106 Third Avenue West, Superior, MT 59872. Said sale will be made to satisfy the obligation secured by and pursuant to the power of sale conferred in the trust indenture/deed of trust (“Deed of Trust”) dated January 17, 2006 and executed by Jeff Carlson and Judy Carlson also known as Jeff J. Carlson and Judy A. Carlson, as grantors (“Grantor”), to First American Title Insurance Company, as trustee, in favor of Mortgage Electronic Registration Systems, Inc., as designated nominee for American Brokers Conduit, beneficiary of the security instrument, its successors and assigns, as beneficiary, and recorded on January 24, 2006 as Instrument No. 098999, official records of Mineral County, Montana. The Deed of Trust was assigned for value to CitiMortgage, Inc. (“Beneficiary”), the current beneficiary, by written instrument filed for record on December 5, 2022, as Instrument No. 0126766, official records of Mineral County, Montana. Brigham J. Lundberg (“Successor Trustee”) is the successor trustee of the Deed of Trust pursuant to an Appointment of Successor Trustee/Substitution of Trustee recorded on December 5, 2022 as Instrument No. 0126767, official records of Mineral County, Montana. Beneficiary has declared the grantors in default of the terms of the Deed of Trust and the promissory note (“Note”) secured by the Deed of Trust because of Grantors’ failure to timely pay all monthly installments of principal, interest, and, if applicable, escrow reserves for taxes and/or insurance as required by the Note and Deed of Trust. According to the Beneficiary, the obligation evidenced by the Note is now due for the June 1, 2021 installment payment. As of December 27, 2022, the amount necessary to satisfy this obligation was $50,506.42. This amount includes the outstanding principal balance of $42,847.87, plus accrued interest, accrued late charges, accrued escrow installments for insurance and/or taxes (if any), and advances for the protection of the beneficiary’s security interest (if any). Due to the default stated above, Beneficiary has elected, and has directed the Successor 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 immediately upon the close of bidding in cash or cash equivalents (valid money orders, certified checks or cashier’s checks). The conveyance will be made by Trustee’s Deed without any representation or warranty, including warranties of title or possession, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The sale is subject to bankruptcy filing, payoff, reinstatement, or other circumstance that affects the validity of the sale. If the sale is set aside or the trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of funds paid to the successor trustee, and the successful bidder shall have no further recourse. The purchaser shall be entitled to possession of the property on the 10th day following the sale. The scheduled Trustee’s Sale may be postponed by public proclamation up to 15 days for any reason, and in the event of a bankruptcy filing or other court-ordered stay, the sale may be postponed by the trustee for up to 120 days by public proclamation at least every 30 days. The grantors, the successor-in-interest to the grantors, or any other person having an interest in the aforesaid property, at any time prior to the trustee’s sale, may pay to the present 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 theretofore existing. This communication is from a debt collector. It is an attempt to collect a debt, and any information obtained will be used for that purpose. DATED: 12/28/2022 /S/ Brigham J. Lundberg Brigham J. Lundberg, Successor Trustee Lundberg & Associates, PC 3269 South Main Street, Suite 100, Salt Lake City, UT 84115 (801) 263-3400 Office Hours: 8:00 a.m. - 5:00 p.m. Published in the Mineral Independent on January 18, 25 and February 1, 2023. MNAXLP __________________________
INVITATION TO BID Separate sealed bids for construction of PLAINS EXTENDED - WATER REPLACEMENT will be received by the Town of Plains until 11am on Feb 7, 2023 then publicly opened and read aloud at the Town Hall. In person: 101 West Lynch - Plains, Montana 59859 By mail: P.O. Box 567 - Plains, Montana 59859 The project consists of: approximately 1100 LF of water main, installation of new fire hydrants; replacement of service lines and curb stops; and appurtenances. The Contract Document consists of Drawings and Project Manual and is available in electronic or printed form. The Contract Document may be viewed and printed from the following Plans Exchanges. Missoula Plans Exchange (201 North Russell, Missoula , MT 59801). Bidder is responsible to ensure the printed Contract Document is a complete set and to verify all Addendum have been received prior to bidding. All questions are to be directed to Shari A Johnson Engineering & Associates (email: Engineering@SAJmontana.com; 406-261-3019). There will be a Pre-Bid Conference at the Plains Town Hall at 101 West Lynch - Plains, Montana 59859 at 11am on January 31, 2023. Interested Contractors are encouraged to attend. Contractor and any of the Contractor’s subcontractors bidding or doing work on this project will be required to be registered with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. Preference is given to Montana Contractors according to MCA 18-1-102. Contractor is required to be registered with the DLI prior to bidding on this project. All laborers and mechanics employed by Contractor or subcontractors in performance of the construction work shall be paid, for each wage classification, the higher of either the Montana Prevailing Wage Rates or the Federal Davis-Bacon Prevailing Wage Rates. The Contractor must ensure that employees and applicants for employment are not discriminated against on the basis of their race, creed, color, age, religion, sex, physical or mental disabilities, or national origin and must show affirmative action to ensure Equal Employment Opportunities. Each bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond payable to the TOWN OF PLAINS, in an amount not less than ten percent (10%) of the total amount of the bid. The successful bidder shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance, as required by specifications, shall be provided by the successful bidder and a certificate(s) of that insurance shall be provided and approved. This project is funded in part or in whole with grant/loan funding from the Montana State Revolving Fund. Award of the project will be contingent upon receiving funding and award concurrence from project funding agencies. No bid may be withdrawn after the scheduled time for the public opening of bids. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the Town. The Town of Plains is an Equal Opportunity Employer. Published in the Clark Fork Valley Press on January 25 and February 1, 2023. MNAXLP __________________________
INVITATION TO BID Separate sealed bids for construction of 1ST STREET WEST - WATER IMPROVEMENTS will be received by the Town of Plains until 11am February 7, 2023 then publicly opened and read aloud at the Town Hall. In person: 101 West Lynch - Plains, Montana 59859 By mail: P.O. Box 567 - Plains, Montana 59859 The project consists of: approximately 1000 LF of water main, installation of new fire hydrants; replacement of service lines and curb stops; surface restoration including asphalt and gravel. The Contract Document consists of Drawings and Project Manual and is available in electronic form only. The Contract Document may be viewed and printed from the following Plans Exchanges. Missoula Plans Exchange (201 North Russell, Missoula , MT 59801). Bidder is responsible to ensure the printed Contract Document is a complete set and to verify all Addendum have been received prior to bidding. A printed copy may be viewed at Plains Town Hall at 101 West Lynch - Plains, Montana 59859. All questions are to be directed to Shari A Johnson Engineering & Associates (email: Engineering@SAJmontana.com; 406-261-3019). There will be a Pre-Bid Conference at the Plains Town Hall at 101 West Lynch - Plains, Montana 59859 at 11am, January 31, 2023. Interested Contractors are encouraged to attend. Contractor and any of the Contractor’s subcontractors bidding or doing work on this project will be required to be registered with the Montana Department of Labor and Industry (DLI). Forms for registration are available from the Department of Labor and Industry, P.O. Box 8011, 1805 Prospect, Helena, Montana 59604-8011. Information on registration can be obtained by calling 1-406-444-7734. Preference is given to Montana Contractors according to MCA 18-1-102. Contractor is required to be registered with the DLI prior to bidding on this project. All laborers and mechanics employed by Contractor or subcontractors in performance of the construction work shall be paid, for each wage classification, the higher of either the Montana Prevailing Wage Rates or the Federal Davis-Bacon Prevailing Wage Rates. The Contractor must ensure that employees and applicants for employment are not discriminated against on the basis of their race, creed, color, age, religion, sex, physical or mental disabilities, or national origin and must show affirmative action to ensure Equal Employment Opportunities. Each bid or proposal must be accompanied by a Certified Check, Cashier’s Check, or Bid Bond payable to the TOWN OF PLAINS, in an amount not less than ten percent (10%) of the total amount of the bid. The successful bidder shall furnish an approved Performance Bond and a Labor and Materials Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance, as required by specifications, shall be provided by the successful bidder and a certificate(s) of that insurance shall be provided and approved. This project is funded in part or in whole with grant/loan funding from the Montana State Revolving Fund. Award of the project will be contingent upon receiving funding and award concurrence from project funding agencies. No bid may be withdrawn after the scheduled time for the public opening of bids. The right is reserved to reject any or all proposals received, to waive informalities, to postpone the award of the contract for a period of not to exceed sixty (60) days, and to accept the lowest responsive and responsible bid which is in the best interest of the Town. The Town of Plains is an Equal Opportunity Employer. Published in the Clark Fork Valley Press on January 25 and February 1, 2023. MNAXLP __________________________
Jenna P. Lyons, Esq. REEP, BELL & JASPER, P.C. P.O. Box 16960 Missoula, Montana 59808-6960 Telephone:(406) 541-4100 Facsimile:(406) 541-4101 Email:lyons@westernmontanalaw.com Attorneys for Personal Representative IN THE MATTER OF THE ESTATE OF DANIEL WARD NOONAN, Deceased. Case No.: DP-2023-02 Dept. No.: 4 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that Nicole Noonan has been appointed Personal Representative of the abovenamed estate. All persons having claims against the said deceased are required to present their claims within four (4) months after the date of the first publication of this Notice or said claims will be forever barred. Claims must either be mailed to Nicole Noonan, Personal Representative, return receipt requested, c/o REEP, BELL & JASPER, P.C., P.O. Box 16960, Missoula, Montana 59808-6960 or filed with the Clerk of the above-entitled Court. DATED this 10th day of January, 2023. REEP, BELL & JASPER, P.C. /s/ Jenna P Lyons Jenna P. Lyons Attorney for Personal Representative Published in the Mineral Independent on January 25 and February 1, 8, 2023. MNAXLP __________________________