NOTICE OF TRUSTEE'S SALE
NOTICE IS HEREBY GIVEN that on November 22, 2005, 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:
SEE ATTACHED LEGAL DESCRIPTION
Exhibit A
Parcel 1:
Beginning at the Southeast Corner of Section 33, Township 57 North, Range 3 West, Boise Meridian, Idaho,
Thence North 00o97'34" East, 235.13 feet (record North 00o01'20" West, 235.64 feet) along the East line of said section;
Thence North 60o48'43" West, 38.86 feet (record North 61o05'29" West, 38.63 feet) to the west Right of Way of State Highway No. 200;
Thence South 18o49'13 West, 150.00 feet along said Right of Way to the True Point of Beginning;
Thence North 89o26'39" West 577.91 feet;
Thence South 00o07'43" West, (record South 00o01'20" East) a distance of 111.30 feet to the South line of said section;
Thence South 89o26'39" East, (record South 89o35'55" East) a distance of 540.34 feet to the West Right of Way of said highway;
Thence North 18o49'13" East, 117.20 feet along said Right of Way to the True Point of Beginning.
Together with that portion of Section 33, lying Easterly of State Highway No. 200.
Together with an easement 30 feet wide lying adjacent to the West Right of Way of of State Highway No. 200, the West line of said Highway being described as follows:
Beginning at the Southeast Corner of said section;
Thence North 00o07'34" East, 235.13 feet (record North 00o01'20" West, 235.64 feet) along the East line of said section;
Thence North 60o48'43" West, 38.86 feet (record North 61o05'29" West, 38.63 feet) to the West Right of Way of said highway and the True Point of Beginning;
Thence along said Right of Way South 18o49'13" West 150.00 feet to the terminus of the Westerly line of said 30 foot wide easement.
Together with those extensions of the Westerly side line of said 30 foot easement so as to terminate said WEsterly side line on adjacent property lines.
Less any portion thereof lying within the following described parcel:
A parcel of land being on both sides of the centerline of U.S. Highway No. 2, Project No. F-5121(019) Highway Survey as shown on the plans thereof now on file in the office of the Idaho Transportation Department, and being a portion of Government Lot 1 of Section 33, Township 57 North, Range 3 West, Boise Meridian, described as follows to-wit:
Beginning at the Southeast Corner of Section 33, Township 57 North, Range 3 West, Boise Meridian;
Thence North 00o50'38" East (shown of record to be North 01o20" West) along the East line said Section 33, a distance of 235.11 feet (shown of record to be 235.64 feet) to a point on the Northeasterly line of a tract of land as described in that certain Warranty Deed, dated December 17, 1981, recorded December 29, 1981, as Instrument No. 250657, records of Bonner County, Idaho;
Thence North 60o05'41 West (shown of record to be North 61o05'29" West) along said Northeasterly line 95.81 feet to a point in a line parallel with and 110.0 feet Northwesterly from the centerline and bears North 78o37'27" West from Station 1088+86.06 of said U.S. Highway No. 2, Project No. F-5131(019) Highway Survey;
Thence South 11o22'33" West along said parallel line 285.41 feet to a point in the South line of said Section 33, opposite station 1086+00.68 of said Highway Survey;
Thence South 88o43'57" East along said South line 135.84 feet to the Real Place of Beginning.
Parcel 2:
That portion of Section 33, Township 57 North, Range, 3 West, Boise Meridian, Bonner County Idaho, described as follows:
Beginning at the Southeast Corner of said Section;
Thence North 00o07'34" East, 235.13 feet (record North 00o01'20" West, 235.64 feet) along the East line of said section;
Thence North 60o48'43" West 38.86 feet (record North 61o05'29" West, 38.63 feet) to the West Right of Way of State Highway No. 200;
Thence South 18o49'13" West, 75.00 feet along said Right of Way to the True Point of Beginning:
Thence continuing along said Right of Way South 18o49'13" West, 75.00 feet;
Thence North 89o26'39" West, 577.91 feet;
Thence North 00o07'43" East (record North 00o01'20" West) a distance of 218.65 feet:
Thence North 87o57'43" East (record North 87o49'31" East) a distance of 250.12 feet;
Thence South 107.00 feet;
Thence South 81o05'04" East, 355.93 feet to the True Point of Beginning.
Together with and subject to an easement 30 feet wide lying adjacent to the West Right of Way of State Highway No. 200, the West line of said Highway Right of Way being described as follow:
Beginning at the Southeast Corner of said section, thence North 00o07'34" East, 235.13 feet (record North 00o01'20" West, 235.64 feet) along the East line of said section;
Thence North 60o48'43" West, 38.86 feet (record North 61o05'29" West 38.63 feet) to the West Right of Way of said highway and the True Point of Beginning.
Thence along said Right of Way South 18o49'13" West, 150.00 feet to the terminus of the Westerly line of sid 30 foot wide easement.
Together with those extensions of the Westerly side line of said 30 foot easement so as to terminate said Westerly side line of adjacent property lines,
Less any portion thereof lying within the following described parcel;
A parcel of land being on both sides of the centerline of U.S. Highway No. 2, Project No. F-5121(019) Highway Survey as shown on the plans thereof now on file in the office of the Idaho Transportation Department, and being a portion of Government Lot 1 of Section 33, Township 57 North, Range 3 West, Boise Meridian, described as follows to-wit;
Beginning at the Southeast Corner of Section 33, Township 57 North, Range 3 West, Boise Meridian;
Thence North 00o50'38" East (shown of record to be North 01o20' West) along the East line of said Section 33, a distance of 235.11 feet (shown of record to be 235.64 feet) to a point on the Northeasterly line of a tract of land described in that certain Warranty Deed, dated December 17, 1981, recorded December 29, 1981 as Instrument No. 250657, records of Bonner County, Idaho;
Thence North 60o05'41" West (shown of record to be North 61o05'29" West) along said Northeasterly line 95.81 feet to a point in a line parallel with and 110.00 feet Northwesterly from the centerline and bears North 78o37'27" West from Station 1088+86.09 of said U.S. Highway No. 2, Project No. F-5131(019) Highway Survey;
Thence South 11o22'33" West along said parallel line 285.41 feet to a point in the South line of said Section 33, opposite Station 1086+00.68 of said Highway Survey;
Thence South 88o43'57" East along said South line 135.84 feet to the Real Place of Beginning.
The purported physical address is 20395 Highway 2, Sandpoint, Idaho.
The Trustee has no knowledge of a more particular description of the above-described real property, but for purposes of compliance with Idaho Code S60-113, 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 MICHAEL JOHNSON, an unmarried man, as Grantor to Alliance Title & Escrow Co., as Trustee, and said Trustee having resigned and the Beneficiaries having appointed Catherine L. Dullea, Attorney at Law, as Successor Trustee, for the benefit and security of ALVIN LEDUFF, JR. and MARISA SPOONER-LEDUFF, also shown of record as MARISSA SPOONER-LEDUFF, husband and wife, as Beneficiaries, said Deed of Trust having been recorded on November 12, 2004, as Instrument No. 663838, official records of Bonner County, Idaho.
THE ABOVE GRANTOR IS NAMED TO COMPLY WITH S45-1506(4)(a) IDAHO CODE. NO REPRESENTATION IS MADE THAT HE IS, OR IS NOT, PRESENTLY RESPONSIBLE FOR THIS OBLIGATION.
The default for which the sale is to be made is the failure of the Grantor and/or assumptive Grantor(s) to make monthly payments of $676.67, each, for the months of February, March, April, May, June and July, 2005, failure to pay late fees of $169.17, each, for the same months, failure to pay escrow default fee of $100.00, and failure to pay the 2004 real property taxes.
The balance owing as of the date hereof on the obligation secured by said Deed of Trust is the amount of $57,000.00, plus accrued interest at the rate of 14.0% per annum from December 22, 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 20th day of July, 2005.
CATHERINE L. DULLEA
Attorney at Law
Successor Trustee
Legal 7141
August 10, 17, 24, 31 2005