20-113: Notice of trustee’s sale of real property

RELATED

NOTICE OF TRUSTEE’S SALE OF REAL PROPERTY

NOTICE IS HEREBY GIVEN by LINDY M. LAUDER, as successor Trustee, of the public sale of the real property hereinafter described pursuant to the “Small Tract Financing Act of Montana” (Section 71-1-301, et seq., MCA).  The following information is provided:

The name of the Grantor, Original Trustee, the Beneficiary in the deed of trust, any successor in interest to the Beneficiary or Grantor, any successor Trustee, and the present record owner is/are:

Grantor: Eastern Oklahoma Youth Services Inc. a/k/a EOYA, INC. (“Grantor”)

Original Trustee:RES/TITLE, INC.

Successor Trustee: Lindy M. Lauder, an attorney licensed to practice law in the State of Montana (the “Trustee”)

Original Beneficiary: AXOS Bank

Current Beneficiary:  WBL SPO I, LLC (the “Beneficiary”)

Present Record Owner: Eastern Oklahoma Youth Services Inc., an Oklahoma Corporation, which acquired title as EOYS, Inc.

THE DESCRIPTION OF THE PROPERTY COVERED BY THE DEED OF TRUST IS:  The real property and its appurtenances in Jefferson County, Montana, more particularly described as follows:

Township 8 North, Range 3 West, P.M.M.

Section 9: A tract of land in the SW ¼ SE ¼, more particularly described as follows:

Beginning at the South 1/4 Corner of Section 9, the point of beginning, then N. 2°27’ 48” W., 1368.67 feet along the Mid Section line to the Center South 1/16th corner, a pin set; then N. 88° 29’ 48” e. 478.63 feet long the 1/16th line to a point on the west right of way of the burlington northern railroad; then s. 10°15’ 00” w., 833.87 feet along the west right of way of the Burlington Northern Railroad to a point; then N. 73°12’46” W., 0.34 feet to a pin set; then, N. 73°12’46” W., 190.00 feet to a pin set; then S. 16°47’14” 227.63 feet to a point; then S. 73°12’46” E., 55.94 feet to a point; then S. 16°47’14” W., 200.99 feet to a point then S. 73°12’46” E., 14.06 feet to a point; then S. 16°47’14” W., 80.40 feet to a boat spike found; then S. 2°59’14” E., 106.88 feet to a point on the South Section line of Section 9; then S. 89°47’46” W., 14.60 feet along the Section line of Section 9 to the South 1/4 of Section 9, the point of beginning

Being and all the same premises conveyed in Instrument No. 248174.

Parcel ID #: 0000005821

With an address of 65 Old Alhambra Rd., Clancy, MT 59634.

RECORDING DATA:  The following instruments and documents have been recorded in the Clerk and Recorder’s Office in Jefferson County, Montana.

Deed of Trust dated October 17, 2019, and recorded October 18, 2019, under Document No. 271309, records of Jefferson County, Montana; and

Assignment recorded November 21, 2019, under Document No. 271691, records of Jefferson County, Montana; and

Assignment recorded December 2, 2019, under Document No. 271803, records of Jefferson County, Montana; and

Substitution of Trustee dated May 22, 2020, and recorded June 10, 2020, under Document No. 273815, records of Jefferson County, Montana.

THE DEFAULT FOR WHICH THE FORECLOSURE IS MADE IS:

Nonpayment of weekly installments of $1,570.33 due under the Business Promissory Note and Security Agreement dated October 17, 2019, which is secured by the Deed of Trust.  The borrower is due for the January 24, 2020 payment and for each subsequent weekly payment.

THE SUMS OWING ON THE OBLIGATION SECURED BY THE DEED OF TRUST AS OF JULY 15, 2020, ARE:

Principal: $17,506.09

Interest: Interest continues to accrue at a rate of 0.347% per diem.  As of July 15, 2020, the interest balance is $10,973.38 and interest accrues at the rate of $60.82 per day.

Late fees: $140.00

The Beneficiary anticipates and intends to disburse such amounts as may be required to preserve and protect the real property, and for real property taxes that may become due or delinquent, unless such amounts or taxes are paid by the Grantor or successor in interest to the Grantor.  If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligation secured by the Trust Indenture.  Other expenses to be charged against the proceeds of the sale include the Trustee’s and attorney’s fees, and costs and expenses of sale.

The trustee, at the direction of the beneficiary, hereby elects to sell the property to satisfy the aforesaid obligations.

The date, time, place and terms of sale are:

Date: December 10, 2020

Time: 1:00 p.m., Mountain Standard Time or Mountain Daylight Time, whichever is in effect.

Place:Front Entrance to the Jefferson County Courthouse, 201 W Centennial Ave., Boulder, MT 59632.

Terms: This sale is a public sale and any person, including the Beneficiary, and excepting only the Trustee, may bid at the sale.  The bid price must be paid in cash.  The conveyance will be made by Trustee’s Deed.  The sale purchaser shall be entitled to possession of the property on the 10th day following the sale.

Dated this 17th day of July, 2020.

/s/ Lindy M. Lauder

LINDY M. LAUDER, Trustee

STATE OF MONTANA ):ss.

County of Missoula)

This instrument was acknowledged before me on July 17, 2020, by Lindy M. Lauder, as Trustee.

/s/ Rosalie Dumont

[NOTARY SEAL]

Notary Public for the State of Montana

Residing at Missoula, Montana

My commission expires: 02/21/2021

File No.: 097430-000005

Legal 20-113 Published in the Boulder Monitor October 7, 14 & 21, 2020

MNAXLP

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