NOTICE OF TRUSTEE'S SALE
On February 15, 2006, at the hour of 1:00 o'clock pm of said day, at First American Title Company, 419 North Second Avenue, Sandpoint, Idaho, CHARLES C. JUST, ESP., Attorney at Law, as Successor Trustee, will set 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, situated in the County of Bonner, State of idaho, and described as follows to wit:
The North half of the Northwest Quarter of the Southwest Quarter of the Northeast Quarter of Section 27, Township 56 North, Range 2 West, Boise Meridian, Bonner County, Idaho.
Together with a beneficial interest in an easement for ingress, egress, and utilities over and across the South 60 feet of the Northeast Quarter of the Northeast Quarter, and over and across the North 60 feet of the East half of the Southwest Quarter of the Northeast Quarter, Boise Meridian, Bonner County, Idaho.
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 385 Liberty Lane, Sagle, Idaho, is sometimes associated with the said real property.
This Trustee's Sale is subject to a bankruptcy filing, a payoff, a reinstatement or any other conditions of which the Trustee is not aware the 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.
Said sale will be made without covenant or warranty regarding title, possessions or encumbrances to satisfy the obligation secured by and pursuant to the power of sale conferred in the Deed of Trust executed by S. Wade Johnson and Ellen Annette Johnson, husband and wife, as Grantor(s) with HSBC aha Beneficial Mortgage Co. of Idaho as the Beneficiary, under the Deed of Trust recorded May 30, 2003, as Instrument No. 574821, in the records of Bonner County, Idaho.
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 the 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 $439.61 for the months of June 2005 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 $36,369.06 as principal, plus service charges, attorney's fees, costs of foreclosure, any and all funds expended by Beneficiary to protect their security interest, and interest accruing at the rate of 13.493% from May 1, 2005, together with delinquent taxes plus penalties and interest to the date of sale.
The Beneficiary elects to sell or cause the trust property to be sold to satisfy said obligation.
Dated this 11th day of October, 2005.
Paula Peterson
Trust Officer for
Charles C. Just., Esq.
CHARLES C. JUST
P.O. Box 50271
Idaho Falls, Idaho 83405
(208)523-9106
Toll Free 1-800-923-9106
Legal 7354
October 26, 2005