RESCHEDULED
NOTICE OF
TRUSTEE'S SALE
On March 22, 2005, at the hour of 11:00 o'clock AM of said day, at First American Title Company, 419 North Second Ave, 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 same time of sale, the following described real property, situated in the County of Bonner, State of Idaho, and described as follows, to wit:
All that portion of Government Lot 1, Section 25, Township 56 North, Range 6 West, Boise Meridian, Bonner County, Idaho, more fully described as follows:
A tract of land bounded by a line commencing at a point 9.46 chains South and 0.91 chains East of the Northwest corner of Section 25, Township 56 North, Range 6 West, Boise Meridian, Bonner County, Idaho;
thence running North 4.22 chains;
thence East 3.16 chains;
thence South 2.10 chains;
thence in a Southwesterly direction to the place of beginning;
EXCEPTING therefrom rights of way of State Highway No. 41 and 200.
This Trustee's Sale is subject to a bankruptcy filing, a payoff, a reinstatement or other conditions of which the Trustee is not aware that would cause the cancellation of this sale. Further, if any of these conditions exist, this 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.
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 North 101 State Avenue, Oldtown, Idaho a/k/a North 101 State Avenue, Oldtown, Idaho, a/k/a 101 North State Avenue, Old Town, Idaho, is sometimes associated with said real property.
Said sale will be made without covenant or warranty regarding title, possession or encumbrances to satisfy the obligation secured by and pursuant to the power of sale conferred in the Deed of Trust executed by Mark G. Masterman and Bonnie L. Masterman, husband and wife, as Grantor(s) with Equicredit as the Beneficiary, under the Deed of Trust recorded February 28, 2001, as Instrument No. 577934, in the records of Bonner County, Idaho. The Beneficial interest of said Deed of Trust was subsequently assigned to The Bank of New York, as trustee for the holders of the EQCC Asset Backed Certificates, Series 2001-2, recorded April 29, 2004, as Instrument No. 648937, in the records of said County.
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 failure to pay the amount due under the certain Promissory Note and Deed of Trust, in the amounts called for thereunder as follows: Monthly payments in the amount of $972.87 for the months of January 2004 through and including to 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 $107,368.54 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 10.180% from December 1, 2003, together with delinquent taxes plus penalties and interest to the date of sale.
The Beneficiary elects to sell or cause the trust property to sold to satisfy said obligation.
Dated this 24th day of January, 2005.
Charles C. Just, Esq
P.O. Box 50271
Idaho Falls, Idaho 83405
(208)523-9106
FAX (208)523-9146
Toll Free 1-800-923-9106
For information concerning
this sale, please contact
The Just Law Office at
www.justlawidaho.com
or Toll Free at
1-800-923-9106,
Thank you.
Legal 5821
February 3, 10, 17, 2005