Legals November 26, 2017

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No. 24973 City of Columbia Falls Public Notice Disposition of Surplus Property The Columbia Falls City Council has declared the following vehicle surplus, obsolete, and no longer suitable for City purposes at a regular meeting held November 20, 2017: 1978 GMC Truck/Sander The City Council also declared their intent to sell or dispose of the surplus asset in the most economical manner, including public auction or to any political subdivision of the State of Montana. Any taxpayer wishing to comment on this action may do so by contacting Susan Nicosia, City Manager, City Hall, 130 6th Street West, Room A, Columbia Falls, MT 59912 or by calling 406-892-4391 within 15 days of the publication of this notice, Monday, December 11, 2017. Barb Staaland, City Clerk November 26, 2017 MNAXLP

No. 24952 CITY OF KALISPELL REQUEST FOR QUALIFICATIONS INTERSECTION IMPROVEMENTS AT 13TH STREET & AIRPORT ROAD & INTERSECTION IMPROVEMENTS AT 18TH STREET & AIRPORT ROAD The City of Kalispell seeks to procure a qualified professional consulting engineer to provide professional engineering services for completion of intersection improvements at 13th Street & Airport Road and intersection improvements at 18th Street & Airport Road. The Statement of Qualifications (SOQ) must be received by the City Clerk at 201 First Avenue East, Kalispell, Montana, by 5:00 p.m. local time, December 7, 2017. The full Request for Qualifications including services requested, selection criteria, submittal requirements, and selection process and schedule can be found online at www.kalispell.com, under the Bids & Proposals tab located on the home page. (http://www.kalispell.com/clerk/projects_bids_proposals.php) Further questions pertaining to the selection process should be directed to Katharine Thompson, Assistant Director of Community and Economic Development, at 758-7713 or kthompson@kalispell.com. A pre-submittal conference for the SOQ will be held at 201 First Avenue East, Kalispell, MT on November 27, 2017 at 3 p.m. City staff will discuss the scope of work, general contract issues, and respond to questions from the attendees. Because staff will not be available to respond to individual inquiries regarding the project scope outside of this pre-submittal conference, attendance at this pre-submittal conference is highly recommended. Six copies of the Statement of Qualifications must be submitted to the City Clerk at 201 First Avenue East, Kalispell, Montana, by 5:00 p.m. local time, December 7, 2017. Pre-submittal conference: November 27, 2017 at 3 p.m. First Floor Conference Room, Kalispell City Hall, 201 First Avenue East SOQ due: December 7, 2017 at 5:00 p.m. Firms notified for interview: TBD Interviews: TBD November 12, 26, 2017 MNAXLP

No. 24974 NOTICE OF PUBLIC HEARING KALISPELL CITY PLANNING BOARD AND ZONING COMMISSION December 12, 2017 The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for Tuesday December 12, 2017, beginning at 6:00 PM in the Kalispell City Council Chambers, Kalispell City Hall, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take public comments on the agenda items listed below: The Planning Department has received the following applications from Whipple Consulting, Inc. for review: File # KA-17-06 - A request to annex a 15-acre parcel into the city and zone the land RA-2 (Residential Apartment/Office) upon annexation. The property is currently within the county and zoned county R-1 (Suburban Residential). The property is currently undeveloped, however, upon annexation the applicant is requesting to construct multi-family residential apartments (see below). Water and sanitary sewer service are in the vicinity of the property and upon annexation extensions will be constructed to serve the property. The annexation request and initial city zoning classification will be reviewed in accordance with Section 27.03.010(4) of the Kalispell Zoning Ordinance. This property will be annexed under the provisions of Sections 7-2-4601 through 7-2-4610, M.C.A., Annexation by Petition. The property is generally located at the 500 Block on the north side of Two Mile Drive. The property to be annexed can be legally described as Tract 1 of Certificate of Survey #20690 in Section 12, Township 28N, Range 22W, P.M.,M., Flathead County, Montana. File # KCU-17-10 - A request for a conditional use permit for a 324-unit multi-family apartment complex within the RA-2 (Residential Apartment/Office) Zoning District. The conditional use permit application would be subject to approval of application KA-17-06, mentioned above. Multi-family apartment complexes are permitted within the RA-2 Zone provided a conditional use permit is obtained per 27.10.030 of the Kalispell Zoning Ordinance. The proposed apartment buildings will be 3-story (40 feet maximum) walk up garden style buildings with between 12 and 24-units per building, parking garages, private driveways, recreation areas, landscaping and Teton Street extension. The project would be constructed over three phases with the first two phases consisting of 120-units being constructed in 5-buildings with 24-units each. The third and final phase would consist of 84-units being constructed in 4-buildings and a clubhouse for the development. The property is generally located immediately west of Glacier Street, Yellowstone Street and Teton Street. The property can be legally described as Tract 1 of Certificate of Survey #20690 in Section 12, Township 28N, Range 22W, P.M.,M., Flathead County, Montana. Documents pertaining to the agenda items are on file for public inspection at the Kalispell Planning Department, 201 First Avenue East, Kalispell, MT 59901, and are available for public review during regular office hours. In addition, information on the agenda item is posted on our website at www.kalispell.com/planning under "Planning Board Agenda & Staff Reports". Interested persons are encouraged to attend the hearings and present their views and concerns to the Board. Written comments may be submitted to the Kalispell Planning Department at the above address, prior to the date of the hearing or you may call us at (406) 758-7940, or e-mail us at planning@kalispell.com for additional information. /s/Thomas R. Jentz/kh Thomas R. Jentz Planning & Building Director November 26, 2017 MNAXLP

No. 24954 IN RE Flathead Conservation District Permit #FL2017025 NOTICE OF ARBITRATION HEARING The Flathead Conservation District hereby gives notice of the following arbitration hearing to be held on December 14. 201 7, at 12:00 PM . The location for the hearing shall be in the 2nd Floor Conference room, Flathead County South Campus Building, 40 11th Street West, Suite 200, Kalispell , MT 5990 I. The Arbitration Panel (Panel) shall be considering the request by Montana Fish, Wildlife & Park for arbitration regarding the issuance of a 310 Permit to Applicant John Powell, captioned as Flathead Conservation District Permit #FL201 7025. The arbitration will proceed in the absence of a party that fails to appear. All persons who actively participated in the 310 permit application process having an interest in the hearing may attend. The arbitration may be adjourned for good cause. The Panel and the parties have the right to subpoena witnesses upon timely application to the district court. The Montana Rules of Evidence do not apply to the hearing but may be used as a guide. The hearing will be recorded but no stenographic record will be made unless timely requested by a party and the requesting party shall be responsible for the cost of the stenographic record. The right of a party to be represented by an attorney may not be waived prior to the commencement of the hearing. Dan Leatzow, Chairman November 26, 2017 MNAXLP

No. 24968 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY PLANNING BOARD REGULAR MEETING The Flathead County Planning Board will hold their regular meeting on Wednesday, December 13, 2017, beginning at 6:00 PM in the 2nd Floor Conference Room of the South Campus Building, located at 40 11th Street West, Kalispell, Montana. During this meeting, the Board will hold a public hearing to consider the agenda items described below and make a recommendation to the Board of County Commissioners who will take final action. A zone change request from Bruce Lutz of WGM Group, on behalf of Icecap, LLC for the Eslick et al property located at 7645 MT Highway 35 in the Holt Zoning District. The proposal would change the zoning on a parcel containing approximately 67.71 acres from SAG-10 (Suburban Agricultural) to B-2 (General Business) on 10.02 acres and to R-2 (One Family Limited Residential) on 56.23 acres. The subject property can legally be described as follows: The Southwest Quarter of the Northeast Quarter and all that portion of the Southeast Quarter of the Northwest Quarter lying North and East of that certain right-of-way deeded to the State of Montana as recorded on October 3, 1935, in Book 218, Page 537, all in Section 24, Township 27 North, Range 20 West, P. M. M., Flathead County, Montana. EXCEPTING THEREFROM that portion conveyed to the State of Montana in Bargain and Sale Deed recorded December 9, 1992, as Instrument No. 92-344-15260, records of Flathead County, Montana. The agenda item above will be reviewed by the Bigfork Land Use Advisory Committee (BLUAC) on Thursday, November 30, 2017 @ 4:00 pm at Bethany Lutheran Church, 8559 Highway 35 in Bigfork. A request from Robert & Geraldine Rupp with technical assistance from WMW Engineering, PC for preliminary plat approval of Whispering Pines RV Park, a proposal to create 77 rental spaces which consists of eight (8) full service spaces, 42 partial service spaces and 27 primitive (no service) spaces. The property is located at 261 and 263 Kinnikinnick Lane near Columbia Falls and contains approximately 13 acres. The property can legally be described as Assessors Tracts 3A and 3AD (Parcels A&C of Certificate of Survey No. 12916) in Section 15, Township 30 North, Range 21 West, P.M.M., Flathead County, Montana. A request from Sands Surveying, on behalf of Robert & Donna Fink Living Trust for preliminary plat approval of Countryside Estates, a proposal to create 24 residential lots and 4 commercial lots on 53.329 acres, to be served by on-site wells and septic systems. The property is located at 3240 U.S. Highway 35 and can legally be described as Tract 2 of Certificate of Survey No. 20507 in Section 05, Township 28 North, Range 20 West, P.M.M., Flathead County, Montana. Documents and maps pertaining to these agenda items are on file for public inspection in the Flathead County Planning and Zoning Office, South Campus Building, 40 11th Street West, Ste. 220 in Kalispell. All decisions made by the Planning Board are considered recommendations and will be forwarded to the Board of County Commissioners for final action. Please check the County Commissioners page of the County website, http://flathead.mt.gov/commissioner, or contact the Commissioners' office for the scheduled date and time of a particular item. Interested persons are encouraged to attend the hearing and make their views and concerns known to the Board. For additional information contact the Flathead County Planning and Zoning Office at (406) 751-8200. Written comments are strongly encouraged to be submitted and should be received by the Flathead County Planning & Zoning Office no later than December 13, 2017 @ 5:00 p.m. Please note agenda items are subject to change without notice. Any modifications to agenda items will be posted on the county website, http://flathead.mt.gov/planning_zoning/events.php Persons with a disability may request a reasonable accommodation by contacting Elaine Nelson at the Flathead County Commissioner's Office at 758-5503 or TTY (800) 335-7592, or call Montana Relay at 711. Requests should be made as early as possible to allow time to arrange the accommodation. /s/Mark Mussman Mark Mussman, CFM Planning Director November 26, 2017 MNAXLP

No. 24960 PUBLIC OPPORTUNITY TO PROTEST ONE NEW MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE The Nest on Swan River, LLC (Michael J. and Pamela M. Roessmann, Owners) has applied for one new Montana All-Alcoholic Beverages License No. 07-999-2668-001 to be operated at The Nest on Swan River, LLC, 600 Three Eagle Lane, Bigfork, Flathead County. The public may protest this new license in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location (Flathead), residents of adjoining Montana counties (Lincoln, Glacier, Pondera, Teton, Lewis & Clark, Powell, Lake, Sanders), and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor's full name, mailing address, and street address; (2) the license number (07-999-2668-001) and the applicant's name (The Nest on Swan River, LLC); (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor's signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant's qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before December 20, 2017 What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Bigfork. All valid protestors will be notified of the hearing's time, date and location. Hearings typically are scheduled within 90 days. A protester's hearing testimony is limited to the grounds in the protester's letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Patty Kautz, Compliance Specialist for the Department of Revenue's Liquor Control Division, at (406) 444-0017 or pkautz@mt.gov. November 19, 26, December 3, 10. 2017 MNAXLP

No. 24972 PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF MONTANA ALL-ALCOHOLIC BEVERAGES RESORT LICENSE Quarter Circle L.A. Ranches, Inc. (Doug & Maureen Averill Family Trust and William L. Hoeft Revocable Trust Agreement, Owners) has applied for transfer of ownership of Montana All-Alcoholic Beverages Resort License No. 07-999-2569-009 to be operated at Averills Flathead Lake Lodge, 150 Flathead Lodge Road, Bigfork, Flathead County. The public may protest this new license in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location (Flathead), residents of adjoining Montana counties (Lincoln, Glacier, Pondera, Teton, Lewis & Clark, Powell, Lake, Sanders), and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor's full name, mailing address, and street address; (2) the license number (07-999-2569-009) and the applicant's name (Quarter Circle L.A. Ranches, Inc.); (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor's signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant's qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before December 13, 2017 What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Bigfork. All valid protestors will be notified of the hearing's time, date and location. Hearings typically are scheduled within 90 days. A protester's hearing testimony is limited to the grounds in the protester's letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Patty Kautz, Compliance Specialist for the Department of Revenue's Liquor Control Division, at (406) 444-0017 or pkautz@mt.gov. November 26, December 3, 2017 MNAXLP

No. 24963 NOTICE OF TRUSTEE'S SALE Reference is hereby made to that certain trust indenture/deed of trust ("Deed of Trust") dated 05/27/03, recorded as Instrument No. 436510, mortgage records of LAKE County, Montana in which Michael Munoz and Amy Munoz, husband and wife was Grantor, Wells Fargo Home Mortgage, Inc. was Beneficiary and Lake County Title was Trustee. First American Title Insurance Company has succeeded Lake County Title as Successor Trustee. The Deed of Trust encumbers real property ("Property") located in LAKE County, Montana, more particularly described as follows: Parcel 1: All that portion of the W1/2W1/2E1/2 of Lot 7 and the W1/2W1/2SE1/4NW1/4 lying South of U.S. Highway 93 in Section 2, Township 24 North Range 21 West, P.M.M., Lake County, Montana, and further shown and described as "Parcel C" of Certificate of Survey No. 2496, on file in the office of the Clerk and Recorder of Lake County, Montana. Excepting therefrom those lands acquired by the State of Montana, acting by and through the Department of Highways of the State of Montana, by Judgement and Final Order of Condemnation recorded March 28, 1988 under Microfile No. 311346, Records of Lake County, Montana. Parcel 2: Easement for ingress and egress, as created by Judgement of Final Order of Condemnation, in re The State of Montana, acting by and through the Department of Highways of the State of Montana, plaintiff, -vs- Rebecca E Mattson, as sole owner, defendant, recorded March 28, 1988 under Microfile No. 311346, Records of Lake County, Montana. By written instrument recorded as Instrument No. 536773, beneficial interest in the Deed of Trust was assigned to Bank of America, N.A. 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 12/01/13 installment payment and all monthly installment payments due thereafter. As of August 29, 2017, the amount necessary to fully satisfy the Loan was $959,205.27. This amount includes the outstanding principal balance of $731,235.05, 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 Lake County Courthouse, 106 Fourth Ave. E., Polson, MT 59860, City of Polson on January 5, 2018 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. November 19, 26, December 3, 2017 MNAXLP

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