Tuesday, July 23, 2024

Legals for November, 8 2023

| November 8, 2023 12:00 AM

NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on February 7, 2024, at 11:00 AM at the front steps of the County Courthouse, 300 River Street, Superior, MT 59872, the following described real property situated in Mineral County, State of Montana: Lot 5 of Millers Valley View, a platted subdivision in Mineral County, Montana, according to the official recorded plat thereof. More commonly known as 108 Shaw Gulch Road, Superior, MT 59872. Alec J. McKinney, as Grantor, conveyed said real property to Title Services Inc., as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as designated nominee for First Montana Bank, Inc., beneficiary of the security instrument, its successors and assigns, by Deed of Trust on February 27, 2020, and filed for record in the records of the County Clerk and Recorder in Mineral County, State of Montana, on February 27, 2020 as Instrument No. 0121097, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Lakeview Loan Servicing, LLC Assignment Dated: October 17, 2022 Assignment Recorded: October 28, 2022 Assignment Recording Information: as Instrument No. 0126668 All in the records of the County Clerk and Recorder for Mineral County, Montana. Jason J. Henderson is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Mineral County, State of Montana, on December 9, 2022, as Instrument No. 0126779, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to the Grantor(s) failure to make monthly payments beginning November 1, 2020, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable. The total amount due on this obligation is the principal sum of $243,760.53, interest in the sum of $25,444.93, escrow advances of $9,886.23, other amounts due and payable in the amount of $4,961.81 for a total amount owing of $284,053.50, plus accruing interest, late charges, and other fees and costs that may be incurred or advanced. 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 Grantor. 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 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 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 warranty of title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. 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, has the right, at any time prior to the Trustee’s Sale, to 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 by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee’s and attorney’s fees. In the event that all defaults are cured the foreclosure will be dismissed and the foreclosure sale will be canceled.  The scheduled Trustee’s Sale may be postponed by public proclamation up to 15 days for any reason. In the event of a bankruptcy filing, the sale may be postponed by the Trustee for up to 120 days by public proclamation at least every 30 days. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse. This is an attempt to collect a debt and any information obtained will be used for that purpose.  Dated this 14th day of September, 2023. Jason J. Henderson Substitute Trustee 38 2nd Avenue East Dickinson, ND 58601 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. MT11610 Published in the Mineral Independent on October 25 and November 1, 8, 2023. MNAXLP ___________________

NOTICE OF PUBLICATION OF CATEGORICAL EXCLUSION TOWN OF ALBERTON WATER SYSTEM IMPROVEMENTS October 24, 2023 The Montana Department of Environmental Quality has reviewed the above-named project. The project base bid consists of installing approximately 1,420 lineal feet (LF) of 12-inch PVC; 1,725 LF of 10-inch PVC, 1,110 LF of8- inch PVC; and 3,275 LF of 6-inch PVC water main. The base bid also includes directionally drilling 315 LF of 6- inch pipe through 12-inch HDPE pipe, the installation of88 meters, and the installation of2,020 LF ofHDPE service lines. This project will include all associated valves, fire hydrants, fittings, service connections, and surface restoration. The project will replace existing lines that are undersized and incapable of providing adequate pressure for existing residents. The project will also include looping to improve pressure and reliability in the distribution system. The project will replace the water transmission main from near the existing chlorination building to the Public Water Supply’s distribution system. The project will then replace or loop water mains along Railroad Avenue (State HWY 507); Meadowview Lane; Rockledge Lane; Apple Lane; Orchard Lane; 2nd Street; 3rd Street; 4th Street; Riverview Street; and Rosehill Lane. The project also has two alternative bid schedules consisting of Alternative B and Alternative C. Alternative B consists of the installation of 206 magnetic water meters that include radios, 26 meter pits, remote meter reading equipment, and necessary software. Alternative C consists of replacing an existing spring source structure, spring box penetrations, and the installation of 250 feet of chain link fence to protect the existing spring source site. DEQ is aware of the recent district court opinion in Heldv. State, ruling the statutory prohibition on including greenhouse gas analyses in MEPA reviews unconstitutional.1 That decision is being appealed to the Montana Supreme Court and final resolution is yet unsettled. While litigation is ongoing, and consistent with the court order, DEQ has started a process to assess and improve our environmental review processes, including consideration of future climate impact analyses. 1 Held v. State, No. CDV-2020-307 (Mont. 1st Jud. Dist. Ct. Aug. 14, 2023). The project Potential Contaminant Source Review notes the potential to encounter petroleum contaminated soil or water within the project site and includes language on the procedures to follow if this occurs. Pursuant to ARM 17.40.318, the Department has concluded that the proposed project meets the Categorical Exclusion criteria of the National Environmental Policy Act (NEPA) and the Montana Environmental Policy Act (MEPA). The Categorical Exclusion may be revoked if the project is not initiated within the time-period specified in the planning documents, a new or modified application is submitted, or new evidence demonstrates serious local or environmental issues exist, or state, local, tribal, or federal laws are violated. The documentation for the Categorical Exclusion is available for public review at http://deg.mt.gov/public/publicnotice and at the following locations: Department of Environmental Quality State Revolving Fund Loan Program 1520 East Sixth Avenue Helena, MT 59601 Sincerely, Town of Alberton 607 Railroad Ave. Alberton, MT 59820 Sandie Koenig, PE, actin Engineering Bureau Water Quality Division Montana Department of Environmental Quality Published in the Mineral Independent on November 1, November 8, 2023. MNAXLP __________________________

NOTICE OF PUBLIC HEARING REGARDING COMMISSIONER RESDISTRICTING On November 27, 2023 at the Mineral County Courthouse at 1:30 p.m., a hearing will be held in Mineral County District Court. Chief Judge Leslie Halligan presiding, for judicial review of the petition to review commissioner redistricting. A copy of the Court Order setting this hearing and its agenda is available on the Mineral County website under News and Announcements or from the Mineral County District Court, Cause No. DV-031-2023-60. This petition was filed by the Mineral County Commission pursuant to MCA 7-4- 2101 et seq. Dated this 1st day of November, 2023. Dawn Terrill Commissioner Published in the Mineral Independent on November 8, November 15, 2023. MNAXLP ___________________

MINERAL COUNTY FLOOD PLAIN DEVELOPMENT PERMIT PUBLIC NOTICE – NOVEMBER 8, 2023 The Mineral County Environmental Health and Planning Department received a Floodplain Development Permit application from HDR Engineering for portions of the SW 1/4 of the SW 1/4 of Section 2, Township 19N, Range 32W and the NE 1/4 of the SE 1/4 of Section 11, Township 19N, Range 32W, P.M.M., Mineral County, Montana in regard to the Mineral County Floodplain Regulations. The proposed scope of the overall project is a surfacing reconstruction of I-90 to the geometry and standards in place at the time of original construction or inclusion in the interstate. The project will replace the existing plant mix bituminous surface with Portland Cement Concrete Pavement (PCCP) to construct a more durable highway surface. Other project components include improvements to storm water infrastructure and drainage, as well as other traffic and safety improvements. Copies of the application can be reviewed at the Mineral County Environmental Health and Planning Department. Comments will be taken until November 23, 2023 by the Mineral County Environmental Health and Planning Department, PO Box 396, Superior, Montana, 59872 or phone (406)822-3525.  Published in the Mineral Independent on November 8, 2023. MNAXLP __________________________