Legals for Week of October 22, 2014

NOTICE OF TRUSTEE’S SALE

Pursuant to §71-1-301, et seq. of the Montana Code Annotated, the undersigned hereby gives notice of a trustee’s sale to be held on the 26th day of January, 2015, at 1:00 o’clock p.m, on the steps of the Courthouse of Phillips County located at 314 S. 2nd Avenue West, Malta, Montana, of the following described real property located in Phillips County, Montana:

Lots 7 and 8 in Block 10 of Riverview Addition Phase 1 to Malta, Phillips County, Montana, according to the official recorded plat thereof.

James A. McMillan, as Grantor, conveyed the above-described real property, and the improvements situated thereon, if any, to Dan G. Cederberg, as Trustee, to secure an obligation owed to Conseco Finance Servicing Corp., who was designated as Beneficiary in a Deed of Trust dated October 16, 2001 and recorded on October 17, 2001 as Document No. 325337 in Book 4 at Page 558 of the official records of Phillips County, Montana, which Deed of Trust was assigned to U.S. Bank N.A. as trustee on behalf of Manufactured Housing Contract Senior/Subordinate Pass-Through Certificate 2002-1 under an Assignment of Deed of Trust dated June 24, 2014 and recorded July 28, 2014 as Document No. 347622 in the official records of Phillips County, Montana. Anne Blanche Adams, a licensed Montana attorney, is the Successor Trustee pursuant to a Substitution of Trustee dated July 24, 2014, and recorded in the office of the Clerk and Recorder of Phillips County, Montana.

James A. McMillan has defaulted in the performance of the said Deed of Trust by failing to make the monthly payments due in the amount of $555.16 for the month of November 2013, 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. As of July 25, 2014, the sum of $6,797.76 is past due. As of July 25, 2014, the total amount due is the sum of $56,320.26 principal, plus $4,105.17 accrued interest, with interest continuing to accrue on the principal at the variable rate set out in the Note, which is currently 10.25% per annum, and other fees and expenses that may be advanced. The Beneficiary may disburse such amounts as may be required to protect Beneficiary’s interest. If Beneficiary elects to make such disbursements, sums paid shall become additional indebtedness secured by the Deed of Trust.

In accordance with the provisions of the Deed of Trust, the Beneficiary has elected to accelerate the full remaining balance due under the terms of the Deed of Trust and Note and has elected to sell the interest of James A. McMillan, the original Grantor, his successors and assigns, in and to the aforedescribed property, subject to all easements, restrictions, encumbrances or covenants existing of record or evident on the property at the time of sale to satisfy the remaining obligation owed. Beneficiary has directed Anne Blanche Adams, as Successor Trustee, to commence such sale proceedings.

Those with an interest in the property and who appear from the public record to be entitled to notification of these proceedings are:

Occupants James A. McMillan

540 S. 6th Avenue West 6399 Mammoth Cave Road

Malta, MT 59538 Park City, KY 42160-7936

Successor Trustee is unaware of any party in possession or claiming right to possession of the subject property other than those persons noticed herein.

DATED this 2nd day of September 2014.

Anne Blanche Adams, Successor Trustee

STATE OF MONTANA )

County of Missoula )

This instrument was acknowledged before me on the 2nd day of September 2014, by Anne Blanche Adams, Successor Trustee.

Tami St Onge

Notary Public for the State of Montana

Residing at: Missoula, Montana

My commission expires: March 1, 2017

Published in the Phillips County 10/22, 10/29 &1/5.)

MNAXLP

NOTICE TO WATER USERS

MISSOURI RIVER BETWEEN

BULLWHACKER CREEK AND MUSSELSHELL RIVER

- BASIN 40EJ -

The Deadline for Filing Objections in BASIN 40EJ - Missouri River Between BullWhacker Creek and Musselshell River

- Preliminary Decree has been Extended from

OCTOBER 21, 2014 to JANUARY 20, 2015.

This is the First Extension which Applies to Everyone within the Basin.

If You Have Questions, Please Call the Montana Water Court at 1-800-624-3270 or 1-406-586-4364.

Published in the Phillips County News 10/22

MNAXLP

KEVIN C. SWEENEY HENDRICKSON LAW FIRM, P.C.

208 North Broadway, Suite 324

P. 0. Box 2502

Billings, MT 59103-2502

Telephone: (406) 245-6238

Facsimile: (406) 245-6253

email: [email protected]

MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT,

PHILLIPS COUNTY

IN THE MATTER OF THE ESTATE OF

CARROL NOEL EREAUX, Deceased.

NO. DP 2014-28

JUDGE John C. McKeon

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 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 JEAN K. EREAUX, the Personal Representative, return receipt requested, at the law office of Hendrickson Law Firm, P.C., P.O. Box 2502, Billings, Montana 59103-2502, or filed with the Clerk ofthe above-entitled Court.

I declare under penalty of perjury under the laws of the State of Montana that the foregoing is true and correct.

DATED this 16 day of Sept, 2014

Jean K. Ereaux

Personal Representative

HENDRICKSON LAW FIRM, P.C.

P. 0. Box 2502

Billings, MT 59103-2502

By: Kevin Sweeney

Attorney for Personal Representative

(Published in the Phillips County News 10/15., 10/22 & 10/29.E)

MNAXLP

NOTICE TO WATER USERS IN MILK RIVER (BASIN 40O)

PLEASE CAREFULLY REVIEW THE WATER RIGHT CLAIMS IDENTIFIED IN THIS NOTICE AND FILE A RESPONSE IF YOU WISH TO PARTICIPATE IN THEIR ADJUDICATION. YOU ARE BEING PROVIDED AN OPPORTUNITY TO REVIEW THESE CLAIMS BECAUSE SOME OF THESE CLAIMS, OR SOME ELEMENTS OF THESE CLAIMS WERE OMITTED FROM THE BASIN DECREE, OR BECAUSE AMENDMENTS TO THESE CLAIMS NEED YOUR ADDITIONAL SCRUTINY. FILING A RESPONSE WILL ALLOW YOU TO PARTICIPATE IN THE COURT’S ACTIONS ON THESE CLAIMS.

DETAILED INFORMATION CONCERNING EACH CLAIM CAN BE OBTAINED BY VIEWING THE INFORMATION UNDER THE PUBLIC NOTICE LINK ON THE MONTANA WATER COURT’S WEBSITE LOCATED AT http://courts.mt.gov/water/public_notice, OR BY CALLING THE MONTANA WATER COURT AT 1-800-624-3270 or (406) 586-4364. CLAIM FILES CAN BE VIEWED ON THE FOLLOWING WEBSITE: http://nris.mt.gov/dnrc/waterrights/

Claims Omitted from the Basin 40O Decree

40E 165371-00 (USA (Army Corp of Engineers) Missouri River claim for irrigation);

40N 13098-00 & 40O 30064386 (Rock Creek & Milk River irrigation claims of Rock Creek Lands Partnership);

40N 130688-00 & 40O 30064387 (Rock Creek & Milk River irrigation claims of Ralph E. and Terri L. Ellsworth);

40N 168164-00 & 40O 30046559 (Rock Creek & Milk River irrigation claims of Michael T. Kinney, LLC);

40N 188624-00 & 40O 30064388, 40O 30064389 (Rock Creek & Milk River irrigation claims of Frank, Michael L., Roy A., and Teresa M. Jones/Keith and Myla Beil);

40O 30064385 (Milk River irrigation claim of Carole J. Brown);

40O 77103-00 & 40O 77104-00 (USA (Bureau of Land Management) wildlife and stock water claim on an Unnamed Tributary of Square Creek);

40Q 187580-00 (Dale Tarum & Co Inc. agricultural spraying claim for groundwater).

Claims Included in the Basin 40O Decree with some Claimed Elements Omitted

40N 792-00 (Rock Creek irrigation claim of Carole J. Brown) (see also claim 40O 30064385 above);

40N 188626-00 (Rock Creek irrigation claim of Frank, Michael L., Roy A., and Teresa M. Jones/Keith and Myla Beil) (see also claim 40O 30064389 above);

40T 40958-00 (USA (Bureau of Reclamation) Swiftcurrent Creek claim);

40T 40960-00 (USA (Bureau of Reclamation) Saint Mary River claim).

Claims with an Increase in Period of Diversion and Amendment of Source Name

40O 166448-00 (Antelope Creek, South Fork irrigation claim of Hugh Brookie);

40M 30041754 (Unnamed Tributary of Square Creek irrigation claim of Hugh Brookie).

United States of America (Bureau of Reclamation) Claims Amended in 2008

40J 40938-00 & 40F 40948-00 (USA (Bureau of Reclamation) Milk River claim for the sale of water);

40T 40955-00 (USA (Bureau of Reclamation) Swiftcurrent Creek claim for the sale of water);

40T 40959-00 (USA (Bureau of Reclamation) Saint May River claim for the sale of water).

FILING DEADLINE: DECEMBER 8, 2014

Any Response to the Above Claims Must be Filed with the Montana Water Court. On Your Response, Please Identify the Claim Number of Each Claim to Which You Are Filing a Response. Please Send a Copy of your Filed Response to Each Owner Identified on Each Abstract. Send the Original Response to the Water Court at PO Box 1389, Bozeman, MT 59771-1389. Any Response to the Above Claims Must be Filed with the Water Court on or Before 12/8/2014.

(Published by Phillips County News 10/8, 10/15, 10/22, 2014. B.)

MNAXLP