NOTICE OF TRUSTEE'S SALE
On FRIDAY, August 12, 2005 AT THE HOUR OF 11:00 o'clock, A.M., local time, of said day, at the front steps of the Bonner County Courthouse, 215 S. First Avenue, Sandpoint, Idaho, MICHAEL G. SCHMIDT, 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, together with fixtures, situated in the County of Bonner, State of Idaho, and particularly described as follows:
That portion of the West half of the east half of the Southwest quarter of the Southeast quarter of Section 2, Township 58 North, Range 1 East, Boise Meridian, Bonner County, Idaho, lying Southerly of Rapid Lightning Creek and Northerly of Rapid Lightning Road.
According to the County Assessors office, the above described property is commonly known as:
9630 Rapid Lightning Road
Sandpoint ID 83864
The Trustee has no knowledge of a more particular description of the above referenced real property for purposes of compliance with Section 60-113 Idaho Code.
Said sale will be made without covenant or warranty regarding title, possession or encumbrance to satisfy the obligations secured by and pursuant to the power of sale conferred in the Deed of Trust described as follows:
Deed of trust to secure an indebtedness of $100,000.00, dated January 18, 2002, and any other amounts and/or obligations secured thereby.
Recorded: February 8, 2002, as Instrument No. 596109
Grantor: James C. Kuzmich, married man as his sole and separate property.
Trustee: First American Title
Beneficiary: Pend Oreille Bank
Modification Agreement recorded May 8, 2002, as Instrument No. 600958
Modification Agreement recorded July 19, 2002, as Instrument No. 605189
Modification Agreement recorded October 24, 2002 as Instrument No. 611259
Modification Agreement recorded September 4, 2003, as Instrument No. 633115
Modification Agreement recorded June 2, 2003, as Instrument No. 625860
THE GRANTOR NAMED HEREIN IS LISTED TO COMPLY WITH SECTION 45-1506(4)(a) OF THE IDAHO CODE. No representation is made whether or not he or she is currently responsible for the obligation listed herein.
The default for which this sale is to be made is the grantor's failure to make payments on the promissory note or credit agreement secured by the Deed of Trust. Payment in full was due on 5 July, 2003. As of 1 March, 2005, the outstanding principal balance owing on the Promissory Note or Credit Agreement secured by the Deed of Trust was $129,221.26 plus accruing interest from 25 March 2004 at the rate of 10% per annum or $35.40 per day.
Grantor must also pay outstanding taxes, interest, penalties, late charges, service charges, appraisal fees, title policy fees, and any other disbursements, costs, fees or expenses incurred or paid by the Beneficiary and/or Trustee associated with this Notice of Default and/or this foreclosure as provided by the Deed of Trust, Promissory Note or Credit Agreement, or by Idaho Law. MICHAEL G. SCHMIDT, Attorney at Law, is successor trustee of said Deed of Trust.
DATED: April 7, 2005
MICHAEL G. SCHMIDT, Trustee
250 Northwest Boulevard, Suite 102
Coeur d'Alene, Idaho 83814
208-667-0517
Legal 6014
April 19, 26 May 3, 10 2005