Legals for Wednesday, October 25, 2023

2023 REAL PROPERTY TAXES DUE

2023 Real Property Tax statements have been mailed and the first half of all taxes levied and assessed will be due and payable on or before 5 p.m. on Monday, November 30, 2023. Payments postmarked AFTER this date will be assessed penalty, interest and will be returned and will become delinquent.

2nd half is due and payable by MAY 31, 2024.

**Please include TAX ID or Payment Stub with your check**

If you have NOT received a tax bill by November 10, 2023 please contact our office.

Mailing payments: PO Box 49, Malta, Mt. 59538-0049

Delivery Address: 314 S 2nd Ave W. Malta, MT 59538

Ann Remely, Treasurer

Phillips County

406-654-1742

(Published by Phillips County News 10/25, 11/01/2023) MNAXLP

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PETITION FOR AUTO GATE

At a regular meeting of the Board of County Commissioners, a petition signed by several residents and taxpayers of PHILLIPS COUNTY was presented to the Board requesting

An AUTO GATE to be placed at the following location:

Township 27 North, Range 30 East P.M.M.

Located on the south edge of north half of center line of Section 29

Located on Regina Rd

A by-pass gate must be provided for trailing cattle or moving machinery when necessary.

An AUTO GATE to be placed at the following location;

Township 27 North, Range 30 East P.M.M.

Located on common corner of Sections 16, 17, 20, and 21

A by-pass gate must be provided for trailing cattle or moving machinery when necessary.

A hearing will be held on said petition on Monday November 6, 2023 at 2:00 p.m. in the Commissioners’ Room at the Phillips County Courthouse, at which time anyone may appear either for or against the said petition.

Dated this 17th day of October, 2023.

BOARD OF COUNTY COMMISSIONERS

Lynnel LaBrie, CLERK

(Published by Phillips County News 10/25, 11/01/2023) MNAXLP

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Dan O'Brien,

O’Brien & Pekovitch, PLLP

113 South 2nd Street West

P.O. Box 1280

Malta, Montana 59538

Phone: (406) 654-2541

[email protected]

Attorneys for Personal Representative

MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT, COUNTY OF PHILLIPS

In the Matter of the Estate ) Probate No. DP-2023-19

Of )

RONALD LYNN SOENNICHSEN, ) NOTICE TO CREDITORS

)

Deceased. )

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: Candee Soennichsen, Personal Representative, c/o O’Brien & Pekovitch, PLLP, P.O. Box 1280, 113 South 2nd Street West, Malta, Montana 59538, or filed with the Clerk of the above Court.

DATED this 18th day of October, 2023.

____ /s/ _________

Candee Soennichsen,

Personal Representative

(Published by Phillips County News 10/25, 11/01, 11/08/2023) MNAXLP

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NOTICE OF GENERAL MUNICIPAL ELECTION

Notice is hereby given that in Phillips County, on Thursday, October 19, 2023, the Phillips County Election Office mailed ballots for the upcoming City of Malta – Ward 1 Nonpartisan Mail Ballot Election for the purpose of electing a council member in Ward 1. This election is to be held Tuesday, November 7, 2023. This is a mail ballot election. There will be no polling place open for this election. All active registered voters in the City of Malta – Ward 1 will receive a ballot by mail.

Persons who are not registered to vote must appear in person at the Election Office with proper identification, register to vote and be issued a ballot. All mailed ballots and ballots from late registrants must be received no later than 8:00 p.m. on Election Day, November 7, 2023 for your vote to count.

All inactive voters may receive a ballot by appearing in person at the election office and presenting proper identification. The Phillips County Election Office is located in the County Courthouse at 314 S 2nd Ave W, Malta MT and open from 8:00 a.m. to 5:00 p.m. Monday through Friday and 7:00 a.m. to 8:00 p.m. on Election Day, November 7, 2023.

If you have questions regarding your voter registration, please contact the Phillips

County Election Office at 654-2423.

Dated this 25th day of October, 2023.

Lynnel LaBrie

Election Administrator

(Published by Phillips County News 10/25/2023) MNAXLP

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NOTICE OF TRUSTEE’S SALE

To be sold for cash at a Trustee’s Sale on February 21, 2024, at 11:00 AM at the front steps of the County Courthouse, 314 South 2nd Avenue West, Malta, MT 59538, the following described real property situated in Phillips County, State of Montana:

Lot 41 in Section 1 Replat of Hill Crest Addition to Malta, Phillips County, Montana, according to the official recorded plat thereof. More commonly known as 107 Ruby Ave, Malta, MT 59538.

Alan S. Love and Danette L. Love, 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 designated nominee for Fairway Independent Mortgage Corporation, Beneficiary of the security instrument, its successors and assigns, by Deed of Trust on August 30, 2021, and filed for record in the records of the County Clerk and Recorder in Phillips County, State of Montana, on August 30, 2021 as Instrument No. 358669, in Book 95, at Page 212, of Official Records.

The Deed of Trust was assigned for value as follows:

Assignee: Bank of America, N.A.

Assignment Dated: September 7, 2023

Assignment Recorded: September 7, 2023

Assignment Recording Information: as Instrument No. 362038, in Book 105, at Page 92

All in the records of the County Clerk and Recorder for Phillips 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 Phillips County, State of Montana, on October 2, 2023, as Instrument No. 362109, in Book DOC 105, at Page 369, 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 March 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 $167,536.37, interest in the sum of $5,478.33, and other amounts due and payable in the amount of $772.66 for a total amount owing of $173,787.36, 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 3rd day of October, 2023.

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. MT21750.

(Published by Phillips County News 10/25, 11/1, 11/8/2023) MNAXLP