CASE NO. CV-04-00576
IN THE DISTRICT COURT OF THE FIRST JUDICIAL
DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER
MAGISTRATE DIVISION
In the Matter of the Estate of
MARCELLA MERTENS,
Deceased.
dod: 03-21-04
Probate No. CV-04-00576
NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above-named decedent. All persons having claims against the decedent or her estate are required to present their claims 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 presented to the undersigned at the address indicated, or filed with the Clerk of the Court.
Daniel P. Featerston, Personal Representative of the Estate of Marcella Mertens c/o Featherston Law Firm
P.O. Box 1820
Bonners Ferry, ID 83805
Phone: (208) 267-3127
Fax: (208) 267-4126
Legal SNP#5205
May 20, 27, June 3, 2004
NOTICE OF
TRUSTEE'S SALE
NOTICE IS HEREBY GIVEN that on September 7, 2004, at 11:00 a.m. the office of Catherine L. Dullea, Attorney at Law, as Successor Trustee, 101 N. Fourth Avenue Suite 204, Sandpoint, ID, will sell at public auction to the highest bidder, for cash in lawful money of the United States of America, all payable at the time of sale, the following real property situated in the County of Bonner, State of Idaho, described as follows:
Exhibit A
PARCEL 1:
That portion of the Southeast quarter of Section 2, Township 57 North, Range 2 West of the Boise Meridian, Bonner County Idaho, described as follows:
Beginning at the South quarter corner of said Section 2;
thence North 1 degree 42' 00" West along the North-South center of section line a distance of 469.91 feet;
thence leaving said center of section line North 89 degrees 36' 52" East a distance of 309.12 feet to the True Point of Beginning;
thence North 1 degree 28' 05" West a distance of 176.00 feet;
thence South 89 degrees 36' 52" West a distance of 185.87 feet;
thence South 1 degree 28' 05" East a distance of 176.00 feet;
thence North 89 degrees 36' 52" East a distance of 185.87 feet to the True Point of Beginning;
Subject TO an easement for ingress, egress and utilities over and across the South 30.00 feet of the above described parcel.
SUBJECT TO and easement for utilities over and across the North 10.00 feet of the above described parcel.
SUBJECT TO an easement for utilities described as follows:
A 10 foot utility easement situated in the Southeast quarter of said Section 2, the boundaries of which are 5.00 feet each side of the following described centerline;
Commencing at a 5/8 rebar with a 2 inch aluminum cap, inscribed as noted on corner perpetuation and filing record form Recorded March 29, 1995, Bonner County records, taken to monument the South quarter corner of said Section 2, and situated South 00 degrees 12' 25" East, a distance of 2645.29 feet from a 1/2 inch rebar, taken to monument the center of Section 2;
thence along the West line of said
Southeast quarter of Section 2, North 00 degrees 12' 25" West, a distance of 646.07 feet, to a point of intersection with the Westerly extension of the Northerly Line of that tract of land depicted as the subject of the Record of Survey, for Phil McNearney, by Lawrence A. Glahe, P.L.S. 5713, recorded
January 14, 1991, as Bonner County Recorder's Instrument No. 385347 (hereafter referred to as the "McNearney Tract"), being also the Southerly line of that tract of land described in Warranty Deed recorded February 25, 1991, as Bonner County Recorder's Instrument No. 386759 (hereafter referred to as the "Bellomy Tract"), said point being situated North 89 degrees 04'46" West, a distance of 494.97 feet from a 1/2 inch rebar with a yellow plastic cap inscribed "Tri State LS 5713" taken to monument the Northeast corner of said "McNearney Tract";
Thence leaving said West line, along said Northerly line, and said Westerly extension thereof, South 89 degrees 04' 06" East, a distance of 209.98 feet, to the True Point of Beginning;
Thence South 0 degrees 55' 54" West a distance of 13.96 feet to the terminus of said centerline.
TOGETHER WITH A non-exclusive easement for ingress, egress and utilities 30 feet in width over the South line of the following described property:
The West 123.75 feet of the South 176 feet of a portion of the Southeast quarter of Section 2, Township 57 North, Range 2 West of the Boise Meridian, Bonner County, Idaho, more particularly described as follows:
Beginning at the South quarter corner of said Section 2;
thence North 0 degrees 11' 05" east, 470 feet to the true point of beginning;
thence North 89 degrees 11' 38" East, 495 feet;
thence North, 440 feet, parallel to the West line of the Southeast quarter of said Section 2;
thence South 89 degrees 11' 38" West, 495.0 feet to the said West line of the Southeast quarter;
thence South along the said West line, 440 feet to the true point of beginning.
The Trustee has no knowledge of a more particular description of the above described real property, but for purposes of compliance with Idaho Code S60113, information may be obtained from Catherine L. Dullea, Attorney at Law, Telephone (208)265-2276.
Said sale will be made, without covenant or warranty regarding title, possession or encumbrances, to satisfy the obligations secured by and pursuant to the power of sale conferred in the Deed of Trust executed by JOHN OLIVEIRA and MALISSA OLIVEIRA, husband and wife, as Grantors to Sandpoint Title Insurance, as Trustee, and said Trustee having resigned and the Beneficiary having appointed Catherine L. Dullea, Attorney at Law, as Successor Trustee, for the benefit and security of PHILLIP L. MCNEARNEY, a single man, as Beneficiary, said Deed of Trust having been recorded on September 24,1998, as Instrument No.531755, official records of Bonner County, Idaho.
THE ABOVE GRANTORS ARE NAMED TO COMPLY WITH S45-1506(4)(a) IDAHO CODE. NO REPRESENTATION IS MADE THAT THEY ARE, OR ARE NOT, PRESENTLY RESPONSIBLE FOR THIS OBLIGATION.
The default for which the sale is to be made is the failure of the Grantors and/or assumptive Grantor(s) to make monthly payments of $1,150.00, each, for the months of January, February and March, 2004, failure to pay default fee of $100.00, and failure to pay the real property taxes for 2002 and the first half of 2003.
The balance owing as of the date hereof on the obligation secured by said Deed of Trust is the amount of $144,551.04, plus accrued interest at the rate of
8.50% per annum from January 31, 2004, plus any other costs or expenses associated with this obligation or foreclosure as provided by the Deed of Trust or Deed of Trust Note or by Idaho law.
DATED this 28th day of April, 2004.
CATHERINE L. DULLEA
Attorney at Law
Successor Trustee
CATHERINE L. DULLEA, CHTD.
101 N. Fourth Avenue, Suite 204
Sandpoint, Idaho 83864
PHONE: (208) 265-2276
FAX: (208) 265-1556
Legal SNP#5207
May 20, 27, June 3, 10, 2004
NOTICE OF PUBLIC