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Legal Ads for November 28, 2018

 

November 28, 2018



EDWARD A. AMESTOY,

Cole, Amestoy & O'Brien, PLLP

P.O. Box 1280

113 South 2nd Street West

Malta, Montana 59538

Phone: (406) 654-2541

Attorneys for Personal Representative

MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT, COUNTY OF PHILLIPS

IN THE MATTER OF THE ESTATE

OF

RALPH E. MCCLELLAN,

Deceased.

Probate No. DP-2018-23

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 months after the date of the first publication of this Notice or said claims will be forever barred.

Claims must be mailed, return receipt requested, to: Mike Mummey, Personal Representative, c/o Cole, Amestoy & O'Brien, P.O. Box 1280, 113 South 2nd Street West, Malta, Montana 59538, or filed with the Clerk of the above Court.

DATED this 22 day of October, 2018.

/s/ Mike Mummey,

Personal Representative

(Published by Phillips County News 11/21, 11/28, 12/05/2018)

MNAXLP

NOTICE OF TRUSTEE'S SALE

To be sold for cash at a Trustee’s Sale on March 13, 2019, 11:00 AM at the front steps 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:

Labor Unit 126 of the Milk River Farms Project, consisting of a parcel of land located in the SW1/4 of Section 7, Township 30 North, Range 30 East, M.P.M. and more particularly described as follows:

Beginning at a point on the South line of said Section 7, from which point the quarter section corner thereof bears S89°45'E 668.8 feet; thence N89°45'W 668.8 feet; thence N0°03'E 351.8 feet; thence S89°46'E 668.9 feet; thence S0°4'W 352 feet to the point of beginning. Reference Deed: Book 35 of Deeds, page 309.

More commonly known as 141 Green Acres Drive, Malta, MT 59538.

Jeanette Carman and Jon Marc Carman, wife and husband, as Grantors, conveyed said real property to Phillips County Title Company, as Trustee, to secure an obligation owed to Mortgage Electronic Registration Systems, Inc. as nominee for Home Owners Mortgage Equity Corp, its successors and assigns , by Deed of Trust on February 8, 2011, and filed for record in the records of the County Clerk and Recorder in Phillips County, State of Montana, on February 14, 2011 as Instrument No. 342834, in Book 47, at Page 844-853, of Official Records.

The Deed of Trust was assigned for value as follows:

Assignee: U.S. Bank National Association

Assignment Dated: July 17, 2018

Assignment Recorded: July 30, 2018

Assignment Recording Information: as Instrument No. 352829, in Book 79, at Page 479-480,

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 October 9, 2018 as Instrument No. 353360, in Book Doc 80, at Page 305-306, 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 May 1, 2018, 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 $90,071.35, interest in the sum of $2,627.10, other amounts due and payable in the amount of $1,214.62 for a total amount owing of $93,913.07, 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 28th day of October, 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. 53617

(Published by Phillips County News 11/14, 11/21, 11/28/2018)

MNAXLP

DAN O’BRIEN

Cole, Amestoy & O'Brien, PLLP

113 South 2nd Street West

P.O. Box 1280

Malta, Montana 59538-1280

Phone: (406)654-2541

Attorneys for Conservator

MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT, PHILLIPS COUNTY

IN THE MATTER OF THE CONSERVATORSHIP)

of

ROBERT L. GILMAN

A deceased protected person.

Cause Nos. DG-1980-3020

NOTICE TO CREDITORS

NOTICE IS HEREBY GIVEN that the Conservator Kent Hjelmstad has been appointed to exercise the powers of a personal representative in the estate of the above-named decedent. All persons having claims against the said deceased 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 be mailed, return receipt requested, to: Kent Hjelmstad, Personal Representative, c/o Cole, Amestoy & O'Brien, P.O. Box 1280, 113 South 2nd Street West, Malta, Montana 59538, or filed with the Clerk of the above Court.

DATED this 5th day of October 2018.

/s/ Dan O’Brien

Dan O’Brien

Attorney for Conservator

(Published by Phillips County News 11/14, 11/21, 11/28/2018)

MNAXLP

Hanna Warhank

CHURCH, HARRIS, JOHNSON & WILLIAMS, P. C.

114 3rd Street South

P. O. Box 1645

Great Falls, MT 59403-1645

Telephone: (406) 761-3000

Facsimile: (406) 453-2313

Attorneys for Personal Representative

MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT, PHILLIPS COUNTY

IN THE MATTER OF THE ESTATE OF

RANDY B. SKINNER,

Deceased.

Probate No. DP-2018-25

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 months after the date of the first publication of this notice or said claims will be forever barred.

Claims must either be mailed to Leya Skinner, the Personal Representative, return receipt requested, c/o HANNA WARHANK, Church, Harris, Johnson & Williams, P.C., P.O. Box 1645, Great Falls, Montana 59403, or filed with the Clerk of the above-entitled Court.

DATED this 2 day of November, 2018.

Leya Skinner, Personal Representative

CHURCH, HARRIS, JOHNSON & WILLIAMS, P.C.

BY: HANNA WARHANK

Attorneys for Personal Representative

(Published by Phillips County News 11/14, 11/21, 11/28/2018)

MNAXLP

 

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