NOTICE OF TRUSTEE'S SALE
On August 9, 2005, at the hour of 11:00 o'clock am of said day, at First American Title Company, 419 North Second Avenue, Sandpoint, Idaho, CHARLES C. JUST, ESQ., Attorney at Law, as Successor Trustee, will sell at public auction to the highest bidder, for cash, in lawful money of the United States, all payable at the time of sale, the following described real property, situated in the County of Bonner, State of Idaho, and described as follows to wit:
The Southeast quarter of the Northwest quarter of section 11, Township 55 North, Range 3 West, Boise Meridian, Bonner County, Idaho.
The Trustee has no knowledge of a more particular description of the above referenced real property, but for purposes of compliance with Section 60-113 Idaho Code, the Trustee has been informed the address of 40 acres on Roop Road, Cocolalla, Idaho, is sometimes associated with the said real property.
This Trustee's Sale is subject to a bankruptcy filing, a payoff, a reinstatement or any other conditions of which the Trustee is not aware that would cause the cancellation of this sale. Further, if any of these conditions exist, the sale may be null and void, the successful bidder's funds shall be returned, and the Trustee and the Beneficiary shall not be liable to the successful bidder for any damages.
Said sale will be made without covenant or warranty regarding title, possessions or encumbrances to satisfy the obligation secured by and pursuant to the power of sale conferred in the Deed of Trust executed by Robert Froelich and Shark Froelich, husband and wife, as Grantor(s) with Gerald P. Lyons and Kathy A. Lyons, husband and wife as the Beneficiary, under the Deed of Trust recorded April 19, 1999, as Instrument No. 543369, in the records of Bonner County, Idaho. The Beneficial interest of said Deed of Trust was subsequently assigned to First National Acceptance Company, a Michigan Corporation, recorded September 28, 1999 as Instrument No. 552675, in the records of said Company.
THE ABOVE GRANTORS ARE NAMED TO COMPLY WITH SECTION 45-1506(4)(a), IDAHO CODE. NO REPRESENTATION IS MADE THAT THEY ARE, OR ARE NOT, PRESENTLY RESPONSIBLE FOR THIS OBLIGATION.
The default for which this sale is to be made is the failure to pay the amount due under certain Promissory Note and Deed of Trust, in the amounts called for thereunder as follows:
Monthly payments in the amount of $432.25 for the months of October 2004 through and including the date of sale, together with late charges and monthly payments accruing. The sum owing on the obligation secured by said Deed of Trust is $44,569.44 as principal, plus service charges, attorney's fees, costs of this foreclosure, any and all funds expended by Beneficiary to protect their security interest, and interest accruing at the rate of 9.00% from September 1, 2004, together with delinquent taxes plus penalties and interest to the date of sale.
The Beneficiary elects to sell or cause the trust property to be sold to satisfy said obligations.
Dated this 4th day of April, 2005.
Paula Peterson
Trust Officer for
Charles C. Just, Esq.
Legal 5999
April 13, 20, 27 May 4, 2005