PUBLIC NOTICES tive MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY Dept. No. 4 Probate No. DP-13-125 NOTICE TO CREDITORS IN THE MATTER OF THE ESTATE OF LORI L. SCHWENK, 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 estate are required to present their claim 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 Jeri J. Tschida, return receipt requested, c/o Worden Thane PC, PO Box 4747, Missoula, MT 59806 or filed with the Clerk of the above-entitled Court. DATED this 14th day of June, 2013. /s/ Jeri J. Tschida, Personal Representative I declare under penalty of perjury and under the laws of the State of Montana that the foregoing is true and correct. /s/ Jeri J. Tschida WORDEN THANE PC Attorneys for Personal Representative /s/ Jane E. Cowley NOTICE OF SALE OF REAL PROPERTY UNDER DEED OF TRUST TO WHOM IT MAY CONCERN: Notice is hereby given to the public and to the following: Andrew Henckel 2712 S. 7th Street W. Missoula MT 59804 Andrew Henckel 2275 Larch Camp Road Missoula MT 59803 Montana Department of Labor & Industry P.O. Box 1728 Helena MT 59624 CMG Construction, Inc. c/o Gerry Fagen, Esq. 27N 27th St. #301 P.O. Box 2559 Montana Department of Revenue P.O. Box 5805 Helena MT 59604 Sherri Henckel 2712 S. 7th Street W. Missoula MT 59804 Sherri Henckel 2275 Larch Camp Road Missoula MT 59803 Montana DPHHS Child Support Enforcement Division Office of the Administrative Law Judge 111 N. Jackson 2c P.O. Box 202922 Helena MT 596202922 IRS Advisory Group 1999 Broadway MS 5021DEN Denver CO 80202-2490 2. Real Property. This Notice concerns the following described Real Property: Lot Three (3) in Section Ten (10), Township Twelve (12) North, Range Nineteen (19) west, MPM, Missoula County Montana. 3. Loan Secured by the Real Property. Martha M. Powell made a loan to Andrew Henckel and Sherri Henckel (“Henckels”). Henckels executed a Trust Indenture encumbering the Real Property to secure payment and satisfaction of a Montana Trust Indenture Note in the original principal amount of $225,000.00. 4. Trust Indenture Securing the Loan Obligation. Grantors Andrew Henckel and Sherri Henckel, executed and delivered to Martha M. Powell a Deed of Trust described as follows: Date: December 10, 2010 Grantor: Andrew Henckel and Sherri Henckel Original Trustee: First American Title Company Lender/Beneficiary: Martha M. Powell Recorded in the records of Missoula County, Montana, as follows: Date: December 13, 2010 Recording reference: Document No.2201024694, Book: 870, Page: 1187 Substitute Trustee. The following was substituted as Trustee: Julie R. Sirrs Boone Karlberg PC 201 West Main, Suite 300 P. O. Box 9199 Missoula, MT 59807-9199 Telephone: (406) 543-6646 Facsimile: (406) 549-6804 by a written document recorded in the
records of Missoula County, Montana as follows: Dated: March 11, 2013 Recorded: March 11, 2013 Recording reference: Document No. 201304853, Book: 909, Page: 1019 5. Default. Henckels are in default of the terms and obligations contained in the Trust Indenture Note and Trust Indenture. Henckels are in default due to the failure to timely pay Martha M. Powell. 6. Amount Owing. The amounts owing are as follows: Principal: $218,530.95 Interest through 4/23/13: $5,215.11 Late charge balance: $284.44 Trustee’s Sale Guarantee: $708.00 TOTAL $224,738.50 Interest continues to accrue on this Promissory Note and loan at the daily rate of $38.92 from April 26, 2013, until paid. The total balance due on this obligation secured by the Trust Indenture, is the sum of the above items, plus attorney fees and costs allowed by law. The exact amount owing as of the date of sale will be provided upon request made to the under signed prior to the date of said sale. 7. Notice of Sale. Notice is hereby given that the Beneficiary under the Deed of Trust and the Trustee hereby elect to sell or cause to be sold the Real Property described above to satisfy the obligations secured by the Trust Indenture. The sale will be held at the following date, time and place: Date: Wednesday, September 11, 2013 Time: 10:00 a.m. Place: Missoula County Courthouse 200 West Broadway Missoula MT 59802 The Trustee will sell the Property at public auction to the highest bidder, in cash, in lawful money of the United States, all payable at the time of the sale. DATED this 26th day of April, 2013. By: /s/ Julie R. Sirrs Successor Trustee STATE OF MONTANA): COUNTY OF MISSOULA) This instrument was acknowledged before me on the 26th day of April, 2013, by Julie R. Sirrs, Successor Trustee. /s/ Nancy Randazzo Notary Public for the State of Montana Residing at Missoula, Montana My Commission Expires: March 01, 2017 NOTICE OF TRUSTEE’S SALE Reference is hereby made to that certain trust indenture/deed of trust (“Deed of Trust”) dated 07/30/10, recorded as Instrument No. 201014805 Bk 863 Pg 1096, mortgage records of Missoula County, Montana in which David E. Evans and Dennis E. Evans, as joint tenants, (and not as tenants in common) and to the survivor of said named joint tenants, and to the heirs and assigns of such survivor husband and wife was Grantor, Wells Fargo Bank, N.A. was Beneficiary and Alliance Title & Escrow Corp. was Trustee. First American Title Insurance Company has succeeded Alliance Title & Escrow Corp. as Successor Trustee. The Deed of Trust encumbers real property (“Property”) located in Missoula County, Montana, more particularly described as follows: A tract of land located in the NW1/4SW1/4 of Section 14, Township 13 North, Range 19 West, P.M.M., Missoula County, Montana, more particularly described as follows: Beginning at the Northwest corner of said NW1/4SW1/4, of Section 14; thence S. 00 degrees 06’30” E., along the West line of said NW1/4SW1/4, a distance of 425 feet to the true point of beginning; thence N 89 degrees 53’30” E., along a 5 foot wide rock wall, a distance of 155 feet; thence S. 00 degrees 06’30” E.,
120 feet; thence S. 89 degrees 53’30” W., 155 feet to a point on said West line of the NW1/4SW1/4; thence N 00 degrees 06’30” W., along said West line of the NW1/4SW1/4, a distance of 120 feet to the true point of Beginning. Beneficiary has declared the Grantor in default of the terms of the Deed of Trust and the promissory note (“Note”) secured by the Deed of Trust because of Grantor’s failure timely to pay all monthly installments of principal, interest and, if applicable, escrow reserves for taxes and/or insurance as required by the Note and Deed of Trust. According to the Beneficiary, the obligation evidenced by the Note (“Loan”) is now due for the 01/01/13 installment payment and all monthly installment payments due thereafter. As of May 6, 2013, the amount necessary to fully satisfy the Loan was $107,661.46. This amount includes the outstanding principal balance of $104,213.35, plus accrued interest, accrued late charges, accrued escrow installments for insurance and/or taxes (if any) and advances for the protection of beneficiary’s security interest (if any). Because of the defaults stated above, Beneficiary has elected to sell the Property to satisfy the Loan and has instructed Successor Trustee to commence sale proceedings. Successor Trustee will sell the Property at public auction on the front steps of the Missoula County Courthouse, 200 West Broadway, Missoula, MT 59802, City of Missoula on September 16, 2013 at 11:00 AM, Mountain Time. The sale is a public sale and any person, including Beneficiary and excepting only Successor Trustee, may bid at the sale. The bid price must be paid immediately upon the close of bidding at the sale location 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, express or implied, as the sale is made strictly on an as-is, where-is basis. Grantor, successor in interest to Grantor or any other person having an interest in the Property may, at any time prior to the trustee’s sale, pay to Beneficiary the entire amount then due on the Loan (including foreclosure costs and expenses actually incurred and trustee’s and attorney’s fees) other than such portion of the principal as would not then be due had no default occurred. Tender of these sums shall effect a cure of the defaults stated above (if all non-monetary defaults are also cured) and shall result in Trustee’s termination of the foreclosure and cancellation of the foreclosure sale. The trustee’s rules of auction may be accessed at www.northwesttrustee.com and are incorporated by the reference. You may also access sale status at www.Northwesttrustee.com or USA-Foreclosure.com. (TS# 7023.105759) 1002.249304-File No. NOTICE OF TRUSTEE’S SALE Reference is hereby made to that certain trust indenture/deed of trust (“Deed of Trust”) dated 11/14/07, recorded as Instrument No. 200731486 Bk 809 Pg 1387, mortgage records of Missoula County, Montana in which Richard A. Gensch and Lynn Gensch, husband and wife, who acquired title as Richard Gensch and Lynn Gensch, as joint tenants (and not as tenants in common) and to the survivor of said named joint tenants was Grantor, Wells
[C6] Missoula Independent • July 11– July 18, 2013
Fargo Bank, N.A. was Beneficiary and Wells Fargo Financial National Bank was Trustee. First American Title Insurance Company has succeeded Wells Fargo Financial National Bank as Successor Trustee. The Deed of Trust encumbers real property (“Property”) located in Missoula County, Montana, more particularly described as follows: A tract of land located in the NE 1/4 of Section 10, Township 13 North, Range 17 West, P.M.M., Missoula County, Montana, being more particularly described as Tract 2 of Certificate of Survey No. 4385. Beneficiary has declared the Grantor in default of the terms of the Deed of Trust and the promissory note (“Note”) secured by the Deed of Trust because of Grantor’s failure timely to pay all monthly installments of principal, interest and, if applicable, escrow reserves for taxes and/or insurance as required by the Note and Deed of Trust. According to the Beneficiary, the obligation evidenced by the Note (“Loan”) is now due for the 08/20/12 installment payment and all monthly installment payments due thereafter. As of May 23, 2013, the amount necessary to fully satisfy the Loan was $99,640.26. This amount includes the outstanding principal balance of $95,427.04, plus accrued interest, accrued late charges, accrued escrow installments for insurance and/or taxes (if any) and advances for the protection of beneficiary’s security interest (if any). Because of the defaults stated above, Beneficiary has elected to sell the Property to satisfy the Loan and has instructed Successor Trustee to commence sale proceedings. Successor Trustee will sell the Property at public auction on the front steps of the Missoula County Courthouse, 200 West Broadway, Missoula, MT 59802, City of Missoula on October 2, 2013 at 11:00 AM, Mountain Time. The sale is a public sale and any person, including Beneficiary and excepting only Successor Trustee, may bid at the sale. The bid price must be paid immediately upon the close of bidding at the sale location 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, express or implied, as the sale is made strictly on an as-is, whereis basis. Grantor, successor in interest to Grantor or any other person having an interest in the Property may, at any time prior to the trustee’s sale, pay to Beneficiary the entire amount then due on the Loan (including foreclosure costs and expenses actually incurred and trustee’s and attorney’s fees) other than such portion of the principal as would not then be due had no default occurred. Tender of these sums shall effect a cure of the defaults stated above (if all non-monetary defaults are also cured) and shall result in Trustee’s termination of the foreclosure and cancellation of the foreclosure sale. The trustee’s rules of auction may be accessed at www.northwesttrustee.com and are incorporated by the reference. You may also access sale status at www.Northwesttrustee.com or USA-Foreclosure.com. (TS# 7777.19220) 1002.248122-File No. NOTICE OF TRUSTEE’S SALE TO BE SOLD FOR CASH AT TRUSTEE’S SALE on August 30, 2013, at 11:00 o’clock A.M. at the Main Entrance of the First American Title Company of
Montana located at 1006 West Sussex, Missoula, MT 59801, the following described real property situated in Missoula County, Montana: LOT 1 OF MORMON CREEK MEADOWS, A PLATTED SUBDIVISION IN MISSOULA COUNTY, MONTANA, ACCORDING TO THE OFFICIAL RECORDED PLAT THEREOF Darrin Traver, as Grantor(s), conveyed said real property to Stewart Title of Missoula County, Inc., as Trustee, to secure an obligation owed to Mortgage Electronic Registration System, Inc, as Beneficiary by Deed of Trust dated October 11, 2007 recorded October 16, 2007 under Book 807, Page 727, Document No 200727367. The beneficial interest is currently held by Green Tree Servicing LLC. First American Title Company of Montana, Inc., is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Missoula County, Montana. The beneficiary has declared a default in the terms of said Deed of Trust by failing to make the monthly payments due in the amount of $2140.76, beginning November 1, 2012, 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. The total amount due on this obligation as of April 29, 2013 is $244,275.35 principal, interest at the rate of 6.75% now totaling $9,509.34, late charges in the amount of $252.95, escrow advances of $2,506.48, and other fees and expenses advanced of $15.00, plus accruing interest at the rate of $45.17 per diem, late charges, and other costs and fees that may be 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 Grantors. 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, at any time prior to the trustee’s sale, may 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 thereby cure the default. The scheduled Trustee’s Sale may be postponed by public proclamation up to 15 days for any reason, and 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated: April 24, 2013 /s/ Shandale Gordon Assistant Secretary, First American Title Company of Montana, Inc. Successor Trustee Title Financial Specialty Services P.O. Box 339 Blackfoot ID 83221 STATE OF Idaho ))ss. County of Bingham ) On this 24th day of April, 2013, before me, a notary public in and for said County and State, personally appeared Shandale Gordon, know to me to be the Assistant Secretary of First American Title Company of Montana, Inc., Successor Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. /s/ Dalia Martinez Notary Public Bingham County, Idaho Commission expires: 2/18/2014 Green Tree vs. Traver 42072.003 NOTICE OF TRUSTEE’S SALE TO BE SOLD FOR CASH AT TRUSTEE’S SALE on September 3, 2013, at 11:00 o’clock A.M. at the Main Entrance of the First American Title Company of Montana located at 1006 West Sussex, Missoula, MT 59801, the following described real property situated in Missoula County, Montana: THE SOUTH 55 FEET OF LOT 31 AND THE NORTH 10 FEET OF LOT 32, BLOCK B, RAINBOW RANCH HOMES ADDITION. ACCORDING TO THE OFFICIAL PLAT THEREOF, AS FILED IN THE CLERK AND RECORDER’S OFFICE, MISSOULA COUNTY, MONTANA Michael C Brown, as Grantor(s), conveyed said real property to Charles J. Peterson, Attorney at Law, as Trustee, to secure an obligation owed to Mortgage Electronic Registration System, Inc, as Beneficiary, by Deed of Trust dated September 08, 2006 recorded September 13, 2006 Book 783, Page 110, under Document No 200623458. The beneficial interest is currently held by Fannie Mae (“Federal National Mortgage Association”). First American Title Company of Montana, Inc., is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Missoula County, Montana. The beneficiary has declared a default in the terms of said Deed of Trust by failing to make the monthly payments due in the amount of $639.08, beginning August 1, 2012, 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. The total amount due on this obligation as of April 26, 2013 is $163,855.46 principal, interest at the rate of 2.0% now totaling $2,682.29, escrow advances of $1,414.58, and other fees and expenses advanced of $1,199.00, plus accruing interest at the rate of $8.98 per diem, late charges, and other costs and fees that may be advanced. The Beneficiary antici-
pates 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 Grantors. 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, at any time prior to the trustee’s sale, may 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 thereby cure the default. The scheduled Trustee’s Sale may be postponed by public proclamation up to 15 days for any reason, and 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated: April 29, 2013 /s/ Lisa J Tornabene Assistant Secretary, First American Title Company of Montana, Inc. Successor Trustee Title Financial Specialty Services P.O. Box 339 Blackfoot ID 83221 STATE OF Idaho ))ss. County of Bingham ) On this 29th day of April, 2013, before me, a notary public in and for said County and State, personally appeared Lisa J Tornabene, know to me to be the Assistant Secretary of First American Title Company of Montana, Inc., Successor Trustee, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. /s/ Dalia Martinez Notary Public Bingham County, Idaho Commission expires: 2/18/2014 Seterus vs. Brown 42008.261
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