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Notice of Trustee’s Sale

Notice of the sale of real property which is secured by a Montana Trust Indenture is hereby given by John M. Wagner of the law firm of Wagner Law Firm, P.C. Successor Trustee, pursuant to the provisions of the Small Tract Financing At of Montana (§71-1-301, et. seq., MCA).

To be sold for cash at Trustee’s Sale on the 9th day of September, 2014, at 900 o’clock a.m. on the front steps of the Courthouse Building located at 512 California Avenue, Libby, Montana, 59923, the following described real property situated in Lincoln County, Montana:

NE1/4E1/2E1/4SE1/4SE¼ of Section 25 Township 36 North, Range 26 West, P.M.M., Lincoln County, Montana, as shown and described as Parcel C on CS 3535CO

Together with all rights, title and interest that attach to it on the effective date of sale (hereinafter collectively the “Property”).

Property Address: NHN Sherman Creek Road, Eureka, MT  59917.

Parties: As to the Trust Indenture involved herein, the Grants is Thomas E. Hall. The Grantor conveyed said Property to First American Title Company of Montana, as Trustee, to secure an obligation owed to Pat McCurry, as Beneficiary, by Trust Indenture dated 9/14/2009 and recorded on 9/15/2009 under Document No. 221607 Book: 327 Records Page: 965 pages: 2. John M. Wagner is the Successor Trustee.

Default: There is a default by the Grantor or the other person(s) owing an obligation, the performance of which is secured by said Trust Indenture, or by their successors in interest, with respect to provisions therein which authorize sale in the event of default of such provision; the default for which foreclosure is made is Grantor’s failure to pay accrued taxes and that monthly payment which became due on 12/6/2013 and all subsequent installments together with late charges as set forth in said Note and Trust Indenture, advances, assessments and attorney fees, if any. Together with any default in the payment of recurring obligations as they become due.

Amount due: Pursuant to the provisions of that Trust Indenture, recorded 09/15/2009, the Beneficiary has exercised, and hereby exercises, its option to declare the full amount secured by such Trust Indenture immediately due and payable. As of 4/6/2014, there is due on said obligation the principal sum of $59,777.67, accrued by unpaid interest of $1,841.64 which continues to accrue at the rate of 6.500% or $10.6453 per diem, plus costs of foreclosure, attorney’s fees, Trustee’s fees, escrow closing fees, taxes and other accruing costs.

Election to sell: Beneficiary has elected, and has directed the Successor Trustee to sell the above described Property to satisfy the Grantor’s obligations.

Terms of Sale: The sale is a public sale and any person, including the beneficiary, excepting only the Trustee and any Successor Trustees, may bid  that sale. The bid price must be paid in cash at the tie of sale.  The conveyance will be made by Trustee’s Deed. The sale purchaser shall be entitle to possession of the Property on the 10th day following the sale.

Right to cure: The Grantor, sucessor 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 have the right to cure the default by paying to the beneficiary or the successor in interest to the beneficiary the entire amount then due to the beneficiary, including costs, expenses, and attorney’s fees, other than such portion of the principal as would not then be due to the beneficiary had no default occurred. In the event that the payment default is cured as stated above, the Trustee’s Sale will be cancelled, as provided by §71-1-312, MCA.

Postponement of sale: 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 Successor Trustee for up to 120 days by the public proclamation at least every 30 days.

Dated this 1st day of May, 2014. John M. Wagner, Successor Trustee, Wagner Law Firm, P.C. 121 Wisconsin Avenue, Whitefish, MT  59937.

State of Montana, County of Flathead: This instrument was acknowledged before me on the 1st day of May, 2014, by John M. Wagner, successor Trustee. Christi A. Smith, Notary Public for the State of Montana, residing at Whitefish, Mont. My commission expires Oct. 18, 2017.

Published in the Tobacco Valley News, Eureka, Montana, Aug. 14, Aug. 21 and Aug. 28

J. Tiffin Hall, Attorney at Law

124 Riverside Drive, Suite 101

Eureka, MT 59917

Telephone: (406) 297-7026

Facsimile: (406) 297-7027

Attorney for Personal Representative Jessica June Fuller.

Montana Nineteenth Judicial District Court, Lincoln County. In the matter of the Estate of Render Terry Fuller, deceased, Cause No. DP-14-68. 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 to Jessica June Fuller, the personal representative, return receipt requested, c/o J. Tiffin Hall, Attorney at Law, 124 Riverside Drive, Suite 101, Eureka, Montana, 59917, and filed with the Clerk of the above Court. Dated this 15th day of August, 2014.  Personal Representative: Jessica June Fuller.

Published in the Tobacco Valley News, Eureka, Mont., Aug. 21, Aug. 28 and Sept. 4 2014.


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