NOTICE OF SUCCESSOR TRUSTEE'S SALE
On December 28, 2005, at 10:00 a.m., Pacific Standard Time, at First American Title Company, 419 N Second Avenue, Sandpoint, ID 83864, Edwin B. Holmes, a member of the Idaho State Bar and Successor Trustee to Sandpoint Title Insurance, Inc., 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 parcel of real property located in the County of Bonner, State of Idaho, to wit:
The Southeast Quarter of the Northwest Quarter of The Southeast Quarter in Section 4, Township 54 North, Range 2 West, Boise Meridian, Bonner County, Idaho.
The Successor Trustee has no knowledge of a more particular description of the above-referenced real property, but for purposes of complying with Idaho Code section 60-113, information concerning the location of said real property may be obtained from the Successor Trustee, Edwin B. Holmes, at the address and telephone number set forth below.
Said public auction sale will be made without covenant, guarantee, representation or warranty of any kind regarding title, possession, encumbrances or condition. Said public auction will be conducted to satisfy an obligation secured by, and pursuant to the power of sale conferred in the Deed of Trust executed by REBEKAH S. HARSHMAN, as Grantor(s)/Trustor(s), Sandpoint Title Insurance, Inc., as original Trustee named in said Deed of Trust, for the benefit and security of J. HANK HESTER and JANET HESTER, husband and wife, as Beneficiary, dated September 30, 2003, signed by the Grantor(s)/Trustor(s) on October 24, 2003 and recorded on October 29, 2003, as Instrument No. 637514 in the records of the County Recorder for the County of Bonner, State of Idaho.
THE ABOVE NAMED GRANTOR(S)/TRUSTOR(S) ARE NAMED TO COMPLY WITH IDAHO CODE SECTION 45-1506(4)(a). NO REPRESENTATION IS MADE THAT SAID GRANTOR(S)/ TRUSTOR(S) IS(ARE), OR IS (ARE) NOT PRESENTLY RESPONSIBLE FOR THIS OBLIGATION.
As of the date of default, July 23, 2005, the default for which this public auction sale is to be made is the failure to:
1. Make the monthly installment payments under a Promissory Note of even date with and secured by the above-mentioned deed of trust, in the sum of five hundred fifty six dollars ($556.00) per month, together with late charges of $55.60 per month for the month(s) of March through July, 2005, inclusive:
2. Pay the real property taxes and assessments for 2004, in the principal sum of $546.64, together additional taxes, interest and penalties accrued or to accrue up to the time of payment.
As of July 23, 2005, the principal balance currently owing on the obligation secured by the aforementioned deed of trust is fifty thousand two hundred sixty six dollars and one cent ($50,266.01); accrued interest, at a per annum rate of twelve percent (12.00%) in the amount of two thousand three hundred ten dollars and six cents ($2,310.06), and late charges in the amount of two hundred seventy eight dollars ($278.00), for a total due, as of the aforementioned date, of FIFTY TWO THOUSAND EIGHT HUNDRED FIFTY FOUR DOLLARS AND SEVEN CENTS ($52,854,07), exclusive of all delinquent taxes, and any interest or penalties thereon. Said delinquent amount continues to accrue interest, late charges and/or fees, escrow fees and/or charges, foreclosure costs and attorneys fees and outstanding taxes and penalties, if any. All delinquencies are now due in full together with all late charges, advances to protect security, and fees and costs associated with this foreclosure sale.
The Beneficiary elects, and has directed the Successor Trustee, to sell or cause the aforementioned deed of trust to be sold to satisfy said obligations. The sale shall be governed by the provisions contained in Title 45, Chapter 15, Idaho Code. The Successor Trustee's authority herein is evidenced by an appointment of successor Trustee recorded as Instrument No. 682895 in the records of Bonner County, State of Idaho.
Pursuant to Idaho Code Section 45-1506(12): "Whenever all or a portion of any obligation secured by a deed of trust which has become due by reason of a default of any part of that obligation, including taxes, assessments, premiums for insurance or advances made by a beneficiary in accordance with the terms of the deed of trust, the grantor or his successor in interest in the trust property or any part thereof, or any beneficiary under a subordinate deed of trust or any person having a subordinate lien or encumbrance of record thereon, at any time within one hundred fifteen (115) days of the recording of the notice of default under such deed of trust, if the power of sale therein is to be exercised, otherwise at any time prior to th e entry of a decree of foreclosure, may pay to the beneficiary or their successors in interest, respectively, the entire amount then due under the terms of the deed of trust and the obligation secured thereby (including costs and expenses actually incurred in enforcing the terms of such obligation and a reasonable trustee's fee subject to the limitations imposed by subsection (6) of section 45-1502, Idaho Code, and attorney's fees as may be provided in the promissory note) other than such portion of the principal as would not then be due had no default occurred, and thereby cure the default theretofore existing, and thereupon, all proceedings theretofore had or instituted shall be dismissed or discontinued and the obligation and deed of trust shall be reinstated and shall be and remain in force and effect, the same as if not acceleration had occurred."
Dated this12th day of August, 2005.
Edwin B. Holmes, ISB #4668
HOLMES LAW OFFICE, P.A.
2115 SHERMAN AVE., SUITE 107
COEUR D'ALENE, IDAHO 83814
TELEPHONE: (208) 664-2351
Legal 7188
August 19, 26, September 2, 9 2005