Saturday, November 16, 2024
37.0°F

NOTICE OF SUCCESSOR TRUSTEE'S SALE

| February 22, 2005 8:00 PM

On June 13, 2005, 10:00 a.m., Pacific Standard Time, in the front lobby of 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 Pioneer Title Company (Bonner), 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:

A tract of land in Section 23, Township 55 North, Range 4 West, Boise Meridian, Bonner County, Idaho, described as follows: From the Northwest corner of said Section 23, South 88°28'33" 1887.26 feet to the true point of beginning; thence South 01°31'27" West 739.07 feet to a point on the boundary of the right of way of the access road; thence South 27°16'27" East 205.00 feet along the boundary of said access road; thence North 37°14'25" East 1131.54 feet to the North Quarter corner of said Section 23; thence North 88°28'33" West 759.31 feet to the true point of beginning;

TOGETHER WITH an easement over and across existing roads for access, ingress and egress to the above-described property.

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 WANDA C. MONTGOMERY and MELLISA S. CARTER, as Grantor(s)/Trustor(s), First American Title Company (Bonner), as original Trustee named in said Deed of Trust, for the benefit and security of J. HANK HESTER and JANET HESTER, as Beneficiary, dated January 30, 2003, signed by the Grantor(s)/Trustor(s) on January 17, 2003 and recorded on February 6, 2003, as Instrument No. 618063 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, January 28, 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 four hundred forty two dollars and thirty one cents ($442.31) per month, together with late charges of $44.22 per month for the month(s) of January, 2004 through January, 2005, inclusive:

2. Pay the real property taxes and assessments for the first half of 2004, in the principal sum of $205.13, together with interest and penalties accrued or to accrue up to the time of payment.

As of the date of default, January 28, 2005, the principal balance currently owing on the obligation secured by the aforementioned deed of trust is forty three thousand dollars ($43,000.00); accrued interest, at a per annum rate of twelve percent (12.00%) in the amount of five thousand four hundred seventy one dollars and fifteen cents ($5,471.15), and late charges in the amount of five hundred thirty dollars and seventy six cents ($530.76), for a total due, as of the aforementioned date, of forty nine thousand one dollars and ninety one cents ($49,001.91), 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. 665984 in the records of Bonner County, State of Idaho.

Dated this 8th day of February, 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 SNP #5859

Feb. 16, 23, March 2, 9, 2005