Legals for May, 22 2024
NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on September 13, 2024, at 11:00 AM on the front steps of the Mineral County Courthouse located at 300 River Street, Superior, MT 59872, the following described real property situated in Mineral County, State of Montana: Lots 3 and 4 in Block 1 of the Wirt-Hahn Addition to the Town of Superior, a platted subdivision in Mineral County, Montana, according to the official recorded plat thereof. More commonly known as 407 Riverside, Superior, MT 59872. Warren Cummins, as Grantor, conveyed said real property to Title Services of Mineral County, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as designated nominee for Montana First Credit Union, beneficiary of the security instrument, its successors and assigns, by Deed of Trust on October 18, 2010, and filed for record in the records of the County Clerk and Recorder in Mineral County, State of Montana, on October 22, 2010, as Instrument No. 107134, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: PHH Mortgage Corporation Assignment Dated: May 15, 2019 Assignment Recorded: May 29, 2019 Assignment Recording Information: as Instrument No. 0119426 Assignee: NewRez LLC d/b/a Shellpoint Mortgage Servicing Assignment Dated: February 13, 2024 Assignment Recorded: February 22, 2024 Assignment Recording Information: as Instrument No. 0128874 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 March 25, 2024, as Instrument No. 0128974, 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 February 1, 2019, 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 $125,387.26, interest in the sum of $33,412.46, and other amounts due and payable in the amount of $2,494.10 for a total amount owing of $161,293.82, 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 4th day of April, 2024. 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. 55862 Published in the Mineral Independent on May 8, 15, 22, 2024. MNAXLP __________________________
Cassie R. Dellwo Tiffany M. Kelley Five Valleys Law, P.L.L.C. 1410 S. Reserve Street, Suite C Missoula, Montana 59801 Phone (406) 203-1410 Fax (406) 830-3144 cassie@fivevalleyslaw.com kelley@fivevalleyslaw.com Attorneys for Loren Fix MONTANA FOURTH JUDICIAL DISTRICT COURT, MINERAL COUNTY IN RE THE ESTATE OF JOHN H. TRIMBLE, Deceased. Dept. No. 1 Probate No. DP-2024-3 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 decedent 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 Loren Fix, the Personal Representative, return receipt requested, in care of Tiffany M. Kelley, at 1410 S. Reserve St., Suite C, Missoula, Montana 59801, or filed with the Clerk of the above Court. DATED 05/02/2024 PDT. /s/ Loren Fix Loren Fix Personal Representative c/o Tiffany M. Kelley FIVE VALLEYS LAW, P.L.L.C. 1410 S. Reserve St., Suite C Missoula, MT 59801 Published in the Mineral Independent on May 8, 15, 22, 2024. MNAXLP __________________________
REQUEST FOR PROPOSALS PREPARATION OF PRELIMINARY ARCHITECTURAL REPORT Mineral County Pool in the Park, LLC For a Municipal Pool Project Superior – Mineral County, Montana Issued May 8, 2024 The Town of Superior is requesting proposals from qualified Architectural / Engineering firms for the development of a Preliminary Architectural Report (PAR), in cooperation with the Mineral County Pool in the Park organization. The Town of Superior has applied to the Montana Department of Commerce under the federal Community Development Block Grant (CDBG) program to develop a PAR outlining recommendations for replacement of the town’s swimming pool. Subject to the award of funds, this grant would be matched by local contributions, as well as other potential State and federal resources. Following pre-design approval, the selected consultant may also be asked at the discretion of the Town of Superior to assist in grant writing, preparation of a final construction design, prepare construction bid documents, assist in bidding the project, and oversee construction activities, including related grant administration and management. The PAR must be prepared consistent with all applicable requirements set forth in Appendix D of the most recent version of the CDBG Application Guidelines for Housing, Public Facilities & Economic Development Planning Grants. Consistent with Section 3 of the Housing and Community Development Act of 1968, CDBG regulations governing the grant require that to the greatest extent feasible, opportunities for training and employment arising in connection with this CDBG-assisted project will be extended to local lower- income residents. Further, to the greatest extent feasible, business concerns located in or substantially owned by residents of the project area will be utilized. Disadvantaged business enterprises (DBE’s) are encouraged to apply. Copies of the detailed Request for Proposals (RFP), including a description of the services to be provided by respondents, the minimum content of responses, and the factors to be used to evaluate the responses, can be obtained by contacting: the Town of Superior, 105 Cedar Street, Superior, MT. 59872, or by email townofsuperior@blackfoot.net. Responses to this RFP will be received by the Town of Superior 105 Cedar Street, Superior, MT. 59872 until 4:00 p.m. MST on May 31, 2024. The Town of Superior and its agents reserve the right to reject any or all proposals and to waive any formality and technicality. Published in the Mineral Independent on May 8 and May 22, 2024. MNAXLP __________________________
Mineral County Floodplain Development Permit Public Notice – May 22, 2024 The Mineral County Environmental Health and Planning Department has received a Floodplain Development Permit application from Linda Thomas of 424 Little River Lane, St Regis MT. The proposal is subject to the Mineral County Floodplain Regulations. The proposed project is for the importation of fill material to develop a building pad for the construction of twelve (12), 1 and 2 bedroom cabins and the construction of a proposed municipal sewer main extension designed to serve the existing Little River Motel. The plans submitted detail a 2,535 lineal feet of sanitary sewer main extension buried at least 6 feet deep and the import of 3,300 cubic yards of compactible fill material to construct a building pad. The property is located in the SW4, SW4 of Section 24, Township 18 North, Range 28 West, Mineral County, Montana, and is a 20.06-acre tract of land shown on Certificate of Survey No. 191 Copies of the application and plans may be reviewed at the Mineral County Environmental Health and Planning Department at the Mineral County Courthouse in Superior. Comments will be taken until June 5, 2024, by the Mineral County Environmental Health and Planning Department. For more information or to submit comments, please contact the Mineral County Environmental Health and Planning Department at PO Box 396, Superior, MT 59872 or by phone at (406) 822-3525. Published in the Mineral Independent on May 22, 2024. MNAXLP __________________________
NOTICE OF PUBLICATION OF CATEGORICAL EXCLUSION TOWN OF SUPERIOR. MONTANA WPCSRF #: C301327 WASTEWATER TREATMENT PLANT IMPROVEMENTS April 11, 2024 The Town of Superior’s wastewater treatment lagoon was originally constructed in 1969. Through a Preliminary Engineering Report, prepared in 2022, the town has identified several issues with the treatment system that need to be addressed to improve operation and ensure continued compliance with the facility’s discharge permit. The proposed project will include replacement of the 65-year-old lagoon liner, sludge removal and disposal, installation of an updated aeration system, and installation of a new headworks facility. The removal of sludge will increase treatment capacity and treatment efficiency. Replacing the existing blowers and their building will alleviate overheating concerns and improve energy efficiency. The new headworks building will remove large solids before they enter the lagoon, thereby helping to reduce sludge accumulation and trash on the lagoon surface. All work is proposed within, or directly adjacent to, the boundaries of the existing treatment facility. 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 facility plan a new or modified application is submitted, 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 the following locations and online at http://deq.mt.gov/public/publicnotice: Department of Environmental Quality State Revolving Fund Loan Program 1520 East Sixth Avenue Helena, MT 59601 Town of Superior 105 Cedar Street Superior, MT 59872 Sincerely, Mike Abrahamson, PE Section Supervisor Water Pollution Control State Revolving Fund Program Engineering Bureau, Water Quality Division Montana Department of Environmental Quality Published in the Mineral Independent on May 22, 2024. MNAXLP __________________________