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Posts from the ‘Legals’ Category



All 2014 real property tax bills in Lincoln County have been mailed.  Please check your bills over carefully.  When making payments please remit your stubs; for inquiries please provide your tax payer number(s) from your statement(s).  If you have not received your bill(s) please contact the Lincoln County Treasurer’s office immediately at 406-283-2400. The first half of the 2014 real property taxes is due by 5:00 p.m. on or before December 1, 2014.  Unless the first half is paid by this date, the amount payable is delinquent and draws interest at the rate of 5/6 of 1% a month from and after the delinquency until paid and 2% must be added to the delinquent taxes as a penalty (MCA 15-24-202). The second half of all Lincoln County mobile home taxes is due by 5:00 p.m. on or before December 1, 2014.  Unless the second half is paid by this date, the amount payable is delinquent and draws interest at the rate of 5/6 of 1% a month from and after the delinquency until paid and 2% must be added to the delinquent taxes as a penalty. Payments may be made in person or mailed to the Lincoln County Treasurer, 512 California Avenue, Libby, MT 59923.  Over the counter credit card payments may be made using Visa, Master Card and Discover.  A fee of 1.995% plus $1.25 per transaction is charged.  If you wish to make on-line payments using a credit card please call 1-800-272-9829 or log on to and enter jurisdiction code #3612.  A 3% fee is charged when using this service. Tax information is now available online at

Nancy Trotter Higgins

Lincoln County Treasurer MNAXLP

Published in the Tobacco Valley News, Eureka, Mont., on Nov. 20 and Nov. 27, 2014

Chris A. Johnson

State Bar No. 5989

Sullivan, Tabaracci & Rhoades, P.C.

1821 South Avenue West – Third Floor

Missoula, MT 59801

Telephone: (406) 721-9700

Facsimile: (406) 721-5838


Attorneys for Plaintiff

Montana Nineteenth Judicial District Court, Lincoln County

Cause No. DV-14-76

Hon. James B. Wheelis

Notice of Sheriff’s Sale

JAPASA Properties, LLC, a Washington limited liability company doing business as JAPASA,LLC;


Sheri Lee; and Does 1 through 10, other persons, unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon, the real property described in the Complaint, or any thereof, adverse to Plaintiff’s interest in, or any cloud upon Plaintiff’s title thereto, whether such claim or possible claim be present or contingent,


To be sold at Sheriff’s Sale on the 9th day of December, 2014, at 12:00 o’clock p.m., noon, at the lobby of the Lincoln County Sheriff’s Office, 512 California Avenue, Libby, Montana, the following described real property, located in Lincoln County Montana:

The NW1/4 NE1/4; SW1/4 NE1/4; SE1/4 NW1/4; and the NE1/4 SW1/4 of Section 8, Township 36 North, Range 26 West, P.M.M., Lincoln County, Montana. (Also identified in that certain Certificate of Survey No. 3910 as Tracts 1 through 4 inclusive, records of Lincoln County, Montana.) which has the address of NHN West Road, Eureka, Montana, 59917 together with all appurtenant rights, to be sold in accordance with the manner provided by law. Bid price must be paid immediately upon the close of bidding in immediately available funds, ie. cash, or certified funds, provided, the foreclosing party may bid by credit bid as allowed in the order of sale, or combination of credit bid and immediately available funds.

Dated this 24 day of October, 2014, Roby Bowe, Sheriff of Lincoln County.  MNAXLP

Published in the Tobacco Valley News, Eureka, Mont., on Nov. 20, Nov. 27, and Dec. 4, 2014

254283 Book: 355 Records Page 367, Pages: 3

State of Montana Lincoln County

Recorded: 10/31/2014  2:15  KOI: Trust/Sale

Tammy D. Lauer  Clerk and Recorder

Fee: $21.00  By: Jeanie Dennis, deputy

For: Hedman, Hileman, LaCosta



Notice of the sale of real property which is secured by a Trust Indenture is hereby given by William E. Hileman, Jr., of the law firm of Hedman, Hileman & Lacosta, Successor Trustee, pursuant to the provisions of the “Small Tract Financing Act of Montana’ (Section 71-1-301, et. seq., Montana Code Annotated).

The names of the Grantor(s), Trustee, any successor Trustee(s), the Beneficiary in the Trust Indenture and any of the Successor(s) in Interest to the Beneficiary, are:

Grantor(s): Erick Lihme

Trustee: First American Title Company of Montana, Inc.

Beneficiary: Whitefish Credit Union Association

Successor Trustee: William E. Hileman, Jr., Esq.

The description of the property covered by the Trust Indenture is:  The real property and its appurtenances in Lincoln County, Montana, more particularly described as follows:

Lots 4 & 5 of the Western Addition to Eureka, according to the plat thereof on file in the office of the Clerk and Recorder, Lincoln County, Montana.

Recording Data:  The following instruments and documents have been recorded in the Clerk and Recorder’s Office in Lincoln County, Montana on the date and in the place indicated.

Trust Indenture dated July 31, 2008, and recorded August 1, 2008 under Document No. 213436, Book 320, Pae 859, records of Lincoln County, Montana.

The default for which the foreclosure is made is:  The nonpayment of the amounts due pursuant to the Note and Trust Indenture both dated July 31, 2008, referred to above (and all their extensions, renewals, modifications or substitutions).

Amount Due:  The total amount due on this loan as of October 27, 2014 is $173,164.10 principal, interest at the rate of 6.75% now totaling $3,586.63, plus accruing interest in the amount of $32,0235 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 Grantor(s).  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 sale and late charges if any.

The Successor Trustee, at the direction of Beneficiary, hereby elects to sell the property to satisfy the aforesaid obligations.

Terms:  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-in, 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.

Date: March 10, 2015.

Time: 11:30 o’clock a.m., Mountain Standard Time or Mountain Daylight Time, whichever is in effect.

Place: The front entrance of the Lincoln County Courthouse 512 California Avenue, Libby, Montana.

Right to Cure:  The grantor, successor in interest to the grantor or any other person having an interest in the aforesaid 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.


DATED this 29th day of October, 2014.




County of Flathead )

On this 29th day of October, 2014, before me, the undersigned, a Notary Public in and for the State of Montana, personally appeared WILLIAM E.  HILEMAN, JR., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal the day above written.

Notary Public for the State of Montana

Printed Name: Jayne Martinson

Residing at Whitefish, Montana

My commission expires: 1/10/2015

Published in the Tobacco Valley News, Eureka, Mont., on Nov. 21, Nov. 27 and Dec. 4, 2014.


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