Legal Ads for June 6, 2018

Notice of Public Hearing

The Phillips County Compensation Board PUBLIC HEARING and MEETING will be held Monday, June 11, 2018 at 2:00 p.m. in the office of the Phillips County Commissioners at the Phillips County Courthouse, 314 S 2nd Ave W, Malta MT 59538

Phillips County Commissioners, Marian Ereaux, Clerk

(Published by Phillips County News

05/30, 06/06/2018)

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The Phillips County 4-H Council is now accepting written bids for management of the 4-H Concession Stand at the Phillips County Fair. Bids should be submitted to the Phillips County 4-H Council, PO Box 430, Malta 59538. Due date is June 11, 2018, by 5:00 pm. For more information, please contact the Phillips County Extension Office at 654-2543.

(Published by Phillips County News

06/06/2018)

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NOTICE OF TRUSTEE'S SALE

On Wednesday, October 10, 2018, at the hour of 10:00 a.m., Mountain Daylight Savings Time of said day, at the front door of the Phillips County Courthouse, Malta, Montana, Dan O’Brien, Attorney at Law, as Trustee, will sell at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale, the real property, situate in Phillips County, State of Montana, more particularly described as follows:

Tract B of Certificate of Survey #219, located in Government Lot 8 of Section 8, Township 30 North , Range 30 East, M.P.M.

EXCLUDING therefrom Parcel No. 12 on Montana State Highway Project STPS 242-1(8)0, as shown on the Right-of-Way plan for said project on file in the office of the County Clerk and Recorder, Phillips County, Montana

Said sale will be made without covenant of warranty regarding title, possession or encumbrances to satisfy the obligation secured and pursuant to the power of sale conferred in a Montana Trust Indenture dated November 12, 2009, recorded on November 17, 2009, in Book 41 of Documents, page 474-488, Instrument No. 340456, of the records of Phillips County, Montana, wherein ROBERT GLEN SHIPPEN is the Grantor; FIRST SECURITY BANK is the Beneficiary; and PHILLIPS COUNTY TITLE COMPANY is the Trustee, to secure the payment of $105,550.14 with interest, and any other amounts and/or obligations secured thereby. Dan O’Brien, Attorney at Law, has been appointed as Successor Trustee.

The defaults for which this sale is to be made are the following: the failure of ROBERT GLEN SHIPPEN to pay installments due under the note secured by said Trust Indenture. There is presently due on the obligation the principal sum of $97,769.43 plus accrued interest of $4,763.58 as of March 19, 2018, together with accruing interest thereon at the rate of $22.09 per day. Other expenses to be charged against the proceeds include the Trustee's and attorney's fees, delinquent taxes and insurance, and costs and expenses of sale.

The Trustee and Beneficiary have elected to sell the property to satisfy the obligation.

DATED this 21st day of May 2018

/s/ Dan O’Brien

Dan O’Brien, Trustee

P.O. Box 1280

Malta, MT 59538

STATE OF MONTANA

: ss.

County of Phillips

This instrument was acknowledged before me on this 21st day of May 2018 by Dan O’Brien, Trustee.

/s/ Cindi Salveson

Notary Signature

(Published by Phillips County News

05/30, 06/06, 06/13/2018)

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AUDIT PUBLICATION STATEMENT

An audit of the affairs of School District Number 14A, Phillips County, Malta, Montana, has been conducted by Denning, Downey & Associates PC. The audit covered the fiscal year ended June 30, 2017. The audit also covered the Extracurricular Fund for pupil functions which is included in the financial statements of the District. A copy of the audit report for the fiscal year ended June 30, 2017 is on file in its entirety and is open to public inspection at the Malta Public Schools Central Office. The District will supply a copy of the audit report to any interested person upon request.

(Published by Phillips County News

06/06/2018)

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NOTICE OF TRUSTEE'S SALE

To be sold for cash at a Trustee’s Sale on November 7, 2018, 11:00 AM at the Main Entrance of the Phillips County Courthouse located at 314 South 2nd Avenue West #1, Malta, Montana 59538

, the following described real property situated in Phillips County, State of Montana:

The West 104 feet of Lot 11 and the West 104 feet of the South 15 feet of Lot 12 in Block 4 of COSNER'S SECOND ADDITION to Malta, Phillips County, Montana, according to the Official Recorded Plat thereof. Reference Deed: Book 67 of Deeds, Page 211.

More commonly known as 138 South 7th Street West, Malta, MT 59538.

Pricilla R. Heflin, Individual, as Grantor, conveyed said real property to Mark E. Noennig, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as nominee for Streeter Brothers Mortgage Corp., its successors and assigns, by Deed of Trust on June 24, 2011, and filed for record in the records of the County Clerk and Recorder in Phillips County, State of Montana, on June 30, 2011 as Instrument No. 343295, in Book 49, at Page 180-188, of Official Records.

The Deed of Trust was assigned for value as follows:

Assignee: U.S. Bank National Association

Assignment Dated: March 17, 2016

Assignment Recorded: March 28, 2016

Assignment Recording Information: as Instrument No. 349684, in Book 68, at Page 292,

All in the records of the County Clerk and Recorder for Phillips County, Montana

Benjamin J. Mann is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Phillips County, State of Montana, on July 26, 2016 as Instrument No. 350080, in Book 70, at Page 377, of Official Records.

The Beneficiary has declared a default in the terms of said Deed of Trust due to Grantor’s failure to make monthly payments beginning January 1, 2016, 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 $58,652.62, interest in the sum of $6,965.10, escrow advances of $6,757.63, other amounts due and payable in the amount of $435.00 for a total amount owing of $72,810.35, 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 30th day of May, 2018. Benjamin J. Mann, Substitute Trustee 376 East 400 South, Suite 300, Salt Lake City, UT 84111 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. 47585

(Published by Phillips County News 06/06, 06/13, 06/20/2018)

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