Legals for October, 9 2024

PUBLIC HEARING MINERAL COUNTY BOARD OF HEALTH October 11, 2024 The Mineral County Board of Health will meet on Friday October 11, 2024 at 1:00 PM in the Mineral County Commissioners Meeting Room in the Courthouse Annex located at 300 River Street, Superior, Montana. There will be a Health Department Update and Discussion. If you have any questions or would like a copy of the agenda, please email mccommissioner@ co.mineral.mt.us Published in the Mineral Independent on October 2, 9, 2024. MNAXLP __________________________

THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 126 The following is the complete text of Constitutional Initiatives No. 126, No. 127, and No. 128, which will be submitted to the voters of the state of Montana at the November 5, 2024, General Election. The text is being published per the requirement of 13-27-311, Montana Code Annotated. THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 126 (CI-126) BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Article IV of The Constitution of the State of Montana is amended by adding a new section 9 that reads: Section 9. Top-four primary election for certain offices. (1) As used in this section, the term “covered office” means the office of governor, lieutenant governor, secretary of state, auditor, attorney general, superintendent of public instruction, state representative, state senator, United States representative, United States senator, and other offices as provided by law. (2) The election for a covered office must consist of a primary election followed by a general election in which each of the four candidates for a covered office who receive the most votes in the primary election, and only those candidates, shall appear on the general election ballot. (3) In an election for a covered office, the following conditions apply: (a) All candidates, regardless of political party preference, affiliation, nomination or lack of political party preference, affiliation, or nomination shall appear on the same primary election ballot separated by office. (b) Qualified electors, regardless of political party preference or affiliation or a lack thereof, may participate in the primary election for each covered office for which they are eligible to vote. (c) Each qualified elector may vote for no more than one candidate for each office in the primary election. (d) If it cannot be determined which four candidates received the most votes in the primary election because two or more candidates are tied, the tie shall be broken as provided by law. (e) If four or fewer candidates for a covered office qualify for the primary election ballot, a primary election is not required and all candidates shall appear on the general election ballot. (f) A space for write-in candidates may appear on the primary election ballot as provided by law. (g) A candidate may not be required to obtain the endorsement or nomination of any political party or organization in order to qualify for the primary election ballot. (h) If the legislature requires candidates to obtain signatures to qualify for the primary election ballot, the number of signatures required may not exceed 5% of the total votes cast for the candidate elected for the same office in the last general election for that office. (i) A candidate may choose to have displayed next to the candidate’s name on the ballot the candidate’s preference for a political party or that the candidate prefers no political party. The format options must be as follows: “Party Preference _______________________” or “No Party Preference.” (j) The ballot may not indicate that a candidate has been endorsed by or nominated by any political party. (k) Each ballot must include a clear and conspicuous statement informing voters that a candidate’s indicated political party preference does not imply that the candidate is nominated or endorsed by the political party or that the political party approves of or associates with the candidate. (4) This section may not be construed to amend, repeal, or modify Article VI, section 2 of the Montana constitution. (5) This section does not apply to special elections for covered offices. NEW SECTION. Section 2. Severability. If a part of[this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. NEW SECTION. Section 3. Effective date. [This act] is effective January 1, 2025. NEW SECTION. Section 4. Applicability. [This act] applies to elections for covered offices as defined in [section 1] held on or after January 1, 2025. THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 127 (CI-127) BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA: Section 1. Article IV, section 5 of The Constitution of the State of Montana is amended to read: Section 5. Result of elections. (1) As used in this section, the term “covered office” means the office of governor, lieutenant governor, secretary of state, auditor, attorney general, superintendent of public instruction, state representative, state senator, United States representative, United States senator, and other offices as provided by law. (2) In all elections held by the people for an office other than a covered office, the person or persons receiving the largest number of votes shall be declared elected. (3) In all elections held by the people for a covered office, the person receiving a majority of votes as determined as provided by law shall be declared elected. If it cannot be determined which person received a majority of votes because two or more persons are tied, the elected person shall be determined as provided by law. NEW SECTION. Section 2. Severability. If part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. NEW SECTION. Section 3. Effective date. [This act] is effective January 1, 2025. NEW SECTION. Section 4. Applicability. [This act] applies to elections held on or after January 1, 2025. THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 128 (CI-128) Article II of The Constitution of The State of Montana is amended by adding a New section. Section 36: Right to make decisions about pregnancy. (1) There is a right to make and carry out decisions about one’s own pregnancy, including the right to abortion. This right shall not be denied or burdened unless justified by a compelling government interest achieved by the least restrictive means. (2) The government may regulate the provision of abortion care after fetal viability provided that in no circumstance shall the government deny or burden access to an abortion that, in the good faith judgment of a treating health care professional, is medically indicated to protect the life or health of the pregnant patient. (3) The government shall not penalize, prosecute, or otherwise take adverse action against a person based on the person’s actual, potential, perceived, or alleged pregnancy outcomes. The government shall not penalize, prosecute, or otherwise take adverse action against a person for aiding or assisting another person in exercising their right to make and carry out decisions about their pregnancy with their voluntary consent. (4) For the purposes of this section: (a) A government interest is “compelling” only if it clearly and convincingly addresses a medically acknowledged, bona fide health risk to a pregnant patient and does not infringe on the patient’s autonomous decision making. (b) “Fetal viability” means the point in pregnancy when, in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures. Published in the Clark Fork Valley Press on September 18, 25 and October 9, 23, 2024. MNAXLP __________________________

THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 126 The following is the complete text of Constitutional Initiatives No. 126, No. 127, and No. 128, which will be submitted to the voters of the state of Montana at the November 5, 2024, General Election. The text is being published per the requirement of 13-27-311, Montana Code Annotated. THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 126 (CI-126) BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Article IV of The Constitution of the State of Montana is amended by adding a new section 9 that reads: Section 9. Top-four primary election for certain offices. (1) As used in this section, the term “covered office” means the office of governor, lieutenant governor, secretary of state, auditor, attorney general, superintendent of public instruction, state representative, state senator, United States representative, United States senator, and other offices as provided by law. (2) The election for a covered office must consist of a primary election followed by a general election in which each of the four candidates for a covered office who receive the most votes in the primary election, and only those candidates, shall appear on the general election ballot. (3) In an election for a covered office, the following conditions apply: (a) All candidates, regardless of political party preference, affiliation, nomination or lack of political party preference, affiliation, or nomination shall appear on the same primary election ballot separated by office. (b) Qualified electors, regardless of political party preference or affiliation or a lack thereof, may participate in the primary election for each covered office for which they are eligible to vote. (c) Each qualified elector may vote for no more than one candidate for each office in the primary election. (d) If it cannot be determined which four candidates received the most votes in the primary election because two or more candidates are tied, the tie shall be broken as provided by law. (e) If four or fewer candidates for a covered office qualify for the primary election ballot, a primary election is not required and all candidates shall appear on the general election ballot. (f) A space for write-in candidates may appear on the primary election ballot as provided by law. (g) A candidate may not be required to obtain the endorsement or nomination of any political party or organization in order to qualify for the primary election ballot. (h) If the legislature requires candidates to obtain signatures to qualify for the primary election ballot, the number of signatures required may not exceed 5% of the total votes cast for the candidate elected for the same office in the last general election for that office. (i) A candidate may choose to have displayed next to the candidate’s name on the ballot the candidate’s preference for a political party or that the candidate prefers no political party. The format options must be as follows: “Party Preference _______________________” or “No Party Preference.” (j) The ballot may not indicate that a candidate has been endorsed by or nominated by any political party. (k) Each ballot must include a clear and conspicuous statement informing voters that a candidate’s indicated political party preference does not imply that the candidate is nominated or endorsed by the political party or that the political party approves of or associates with the candidate. (4) This section may not be construed to amend, repeal, or modify Article VI, section 2 of the Montana constitution. (5) This section does not apply to special elections for covered offices. NEW SECTION. Section 2. Severability. If a part of[this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. NEW SECTION. Section 3. Effective date. [This act] is effective January 1, 2025. NEW SECTION. Section 4. Applicability. [This act] applies to elections for covered offices as defined in [section 1] held on or after January 1, 2025. THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 127 (CI-127) BE IT ENACTED BY THE PEOPLE OF THE STATE OF MONTANA: Section 1. Article IV, section 5 of The Constitution of the State of Montana is amended to read: Section 5. Result of elections. (1) As used in this section, the term “covered office” means the office of governor, lieutenant governor, secretary of state, auditor, attorney general, superintendent of public instruction, state representative, state senator, United States representative, United States senator, and other offices as provided by law. (2) In all elections held by the people for an office other than a covered office, the person or persons receiving the largest number of votes shall be declared elected. (3) In all elections held by the people for a covered office, the person receiving a majority of votes as determined as provided by law shall be declared elected. If it cannot be determined which person received a majority of votes because two or more persons are tied, the elected person shall be determined as provided by law. NEW SECTION. Section 2. Severability. If part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications. NEW SECTION. Section 3. Effective date. [This act] is effective January 1, 2025. NEW SECTION. Section 4. Applicability. [This act] applies to elections held on or after January 1, 2025. THE COMPLETE TEXT OF CONSTITUTIONAL INITIATIVE NO. 128 (CI-128) Article II of The Constitution of The State of Montana is amended by adding a new section 36 that reads: Section 36. Right to make decisions about pregnancy. (1) There is a right to make and carry out decisions about one’s own pregnancy, including the right to abortion. This right shall not be denied or burdened unless justified by a compelling government interest achieved by the least restrictive means. (2) The government may regulate the provision of abortion care after fetal viability provided that in no circumstance shall the government deny or burden access to an abortion that, in the good faith judgment of a treating health care professional, is medically indicated to protect the life or health of the pregnant patient. (3) The government shall not penalize, prosecute, or otherwise take adverse action against a person based on the person’s actual, potential, perceived, or alleged pregnancy outcomes. The government shall not penalize, prosecute, or otherwise take adverse action against a person for aiding or assisting another person in exercising their right to make and carry out decisions about their pregnancy with their voluntary consent. (4) For the purposes of this section: (a) A government interest is “compelling” only if it clearly and convincingly addresses a medically acknowledged, bona fide health risk to a pregnant patient and does not infringe on the patient’s autonomous decision making. (b) “Fetal viability” means the point in pregnancy when, in the good faith judgment of a treating health care professional and based on the particular facts of the case, there is a significant likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures. Published in the Mineral Independent on September 18, 25 and October 9, 23, 2024. MNAXLP __________________________

LEGAL NOTICE TO CREDITORS OF THE ESTATE OF TWYLA LEE SMITH, DECEASED MONTANA FOURTH JUDICIAL DISTRICT COURT MINERAL COUNTY IN THE MATTER OF THE ESTATE OF TWYLA LEE SMITH, DECEASED PROBATE NO.: DP-31-2024-09 NOTICE IS HEREBY GIVEN TO THE CREDITORS AND CONTINGENT CREDITORS OF THE ABOVE-NAMED DECEDENTS: NOTICE IS HEREBY GIVEN THAT THE UNDERSIGNED, JOHN M. SMITH, HAS BEEN APPOINTED PERSONAL REPRESENTATIVE OF THE ABOVE-NAMED ESTATE. ALL PERSONS HAVING CLAIMS AGAINST THE SAID DECEDENTS 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 JOHN M. SMITH, THE PERSONAL REPRESENTATIVE, C/O DEBRA A. JACKSON, ESQ., RETURN RECEIPT REQUESTED, AT POST OFFICE BOX 300166, DEBORGIA, MONTANA 59830, OR FILE CLAIMS WITH THE CLERK OF THE ABOVE-ENTITLED COURT, AT 300 RIVER STREET, THIRD FLOOR, SUPERIOR, MONTANA 59872. THE FIRST PUBLICATION OF THIS NOTICE WAS PUBLISHED IN THE MINERAL INDEPENDENT ON SEPTEMBER 25, 2024 THEREFORE, CLAIMS MUST BE FILED ON OR BEFORE, JANUARY 23, 2025, OR SAID CLAIMS WILL BE FOREVER BARRED. I DECLARE, UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF MONTANA, THAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED THIS 22ND DAY OF SEPTEMBER, 2024, AT ST. REGIS, MONTANA. /s/ John Smith JOHN M. SMITH, PERSONAL REPRESENTATIVE Published in the Mineral Independent on September 25 and October 2, 9, 16, 2024. MNAXLP __________________________

PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF Montana All-Alcoholic Beverages with Catering Endorsement License THE HIDEOUT, LLC (Brian Puckett, Owner(s)) has applied to transfer Montana All-Alcoholic Beverages with Catering Endorsement License No. 54-999-4948-002 to be operated at THE HIDEOUT, 152 Deborgia Haugan Frontage Rd, De Borgia, Mineral County. The public may protest this license transfer in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location Mineral County, residents of adjoining Montana counties, and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor’s full name, mailing address, and street address; (2) the license number 54-999-4948-002 and the applicant’s name THE HIDEOUT, LLC; (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor’s signature. A letter with multiple signatures will be considered one protest letter. What are valid protesgrounds? The protest may be based on the applicant’s qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before October 19, 2024. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or De Borgia. All valid protestors will be notified of the hearing’s time, date and location. Hearings typically are scheduled within 90 days. A protester’s hearing testimony is limited to the grounds in the protester’s letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Witt Williams, Compliance Specialist for the Department of Revenue’s Alcoholic Beverage Control Division, at 444-3505 or Witt.Williams@mt.gov. Published in the Mineral Independent on October 2, 9, 2024. MNAXLP __________________________

MINERAL COUNTY PLANNING BOARD PUBLIC MEETING  October 21, 2024  The meeting will be held at 6:00 PM in the Commissioners Conference Room located in the Courthouse Annex, 300 River Street, Superior. The Planning Board will review the proposed Land Use Fee Schedule and complete administrative duties of the Board. If you have questions, please contact the Mineral County Environmental Health and Planning Department at 822-3525, or send your comments before October 21, 2024 to PO Box 396, Superior, MT 59872. Published in the Mineral Independent on October 2, October 9, 2024. MNAXLP __________________________

Montana Fourth Judicial District Court Mineral County In the Matter of the Name Change of Michael Leon Stapp Cause No.: DV-2024-50 Dept. No.: 1 Notice of Hearing on Name Change This is notice that Petitioner has asked the District Court for a change of name from Michael Leon Stapp to Michael Leon Goodenough. The hearing will be on 10/23/24 at 1:30 p.m. The hearing will be at the Courthouse in Mineral County. Date: September 18, 2024 Jaime Talbot Clerk of District Court By: J Talbot Published in the Mineral Independent on October 2, 9, 16, 23, 2024. MNAXLP __________________________

NOTICE OF TRUSTEE’S SALE To be sold for cash at a Trustee’s Sale on February 14, 2025, 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: A Tract of land located in the Southwest Quarter of the Southwest Quarter of Section 28, Township 17 North, Range 26 West, P.M.M., Mineral County, Montana, lying North of the existing County Road and South of Interstate Project No. I-90-1 (6) 43 Superior-East West Right of Way Line more particularly described on certificate of Survey recorded on Page 133 of the new Plat Book, Records of Mineral County, Montana. More commonly known as 1466 Southside Rd, Superior, MT 59872-9202. Madison Chambers and Nicholas Kruger, as Grantors, conveyed said real property to Old Republic National Title Insurance Company, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc., as designated nominee for Rocket Mortgage, LLC, Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on March 25, 2023, and filed for record in the records of the County Clerk and Recorder in Mineral County, State of Montana, on April 6, 2023 as Instrument No. 0127212, of Official Records. The Deed of Trust was assigned for value as follows: A ssignee: Rocket Mortgage, LLC f/k/a Quicken Loans, LLC Assignment Dated: November 7, 2023 Assignment Recorded: November 14, 2023 Assignment Recording Information: as Instrument No. 0128378 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 September 16, 2024, as Instrument No. 129631, 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 September 1, 2023, 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 $201,022.81, interest in the sum of $13,218.68, escrow advances of $2,465.33, other amounts due and payable in the amount of $1,132.45 for a total amount owing of $217,839.27, 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 19th day of September, 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. MT22395 PUBLISHED IN THE MINERAL INDEPENDENT ON OCTOBER 9TH, 16TH & 23RD 2024 MNAXLP __________________________