NOTICE OF SUCCESSOR TRUSTEE'S SALE
On February 28, 2007, at 10:00 a.m., Pacific Standard Time, on the front exterior steps of the Bonner County Courthouse, 215 South 1st Avenue, Sandpoint ID 83864, Edwin B. Holmes, a member of the Idaho State Bar and Successor Trustee to First American Title Company, 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 East Half of the Northeast Quarter of the Southeast Quarter of the Northeast Quarter of Section 30, Township 54 North, Range 4 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 shall be made without covenant, guarantee, representation or warranty of any kind regarding title, possession, encumbrances or condition. Said public auction shall be conducted to satisfy an obligation secured by, and pursuant to the power of sale conferred in the Deed of Trust executed by Fred Hegel, as Grantor(s)/Trustor(s), First American Title Company, Inc., as original Trustee named in said Deed of Trust, for the benefit and security of J. Hank Hester and Janet L. Hester, as Beneficiary, dated May (sic) 29, 2002, signed by the Grantor(s)/Trustor(s) on April 29, 2002 and recorded on May 15, 2002, as Instrument No. 601353 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, October 23, 2006, 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 three hundred seventy five dollars and forty four cents ($375.44) per month, together with late charges of thirty seven dollars and fifty four cents ($37.54) per month for the month(s) of August, September and October, 2006;
2. Violating the terms and conditions of the deed of trust by selling, conveying, assigning or otherwise alienating the above described real property, or any part thereof, or any interest therein without the prior written consent of the Beneficiary. Said selling, conveying, assigning or otherwise alienating the above described real property, or any party thereof, is evidenced by that certain quit claim deed that has been recorded as Instrument No. 584448 on August 16, 2005 in the records of Bonner County, Idaho.
As of October 23, 2006, the principal balance currently owing on the obligation secured by the aforementioned deed of trust is thirty four thousand six hundred seventy four dollars and sixty five cents ($34,674.65) and late charges in the amount of one hundred twelve dollars and sixty two cents ($112.62), for a total due, as of the aforementioned date, of thirty four thousand seven hundred eighty seven dollars and twenty seven cents ($34,787.27), exclusive of all delinquent taxes, any interest or penalties thereon and escrow fees. 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 the 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 parcel of real property 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. 715990 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, or otherwise at any time prior to the 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 no acceleration had occurred."
Dated this 27th day of November, 2006.
[signed] Edwin B. Holmes
EDWIN B. HOLMES, ISB 4668
HOLMES LAW OFFICE, P.A.
8109 N WAYNE DRIVE
POST OFFICE BOX 0569
HAYDEN ID 83835-0569
VOICE: (208) 762-0100
FACSIMILE: (208) 762-0199
Legal SNP# 8276
Nov. 22, 29, Dec. 6, 13, 2006
Loan No. XXXXXX6624 T.S. No. 1090423-09 Parcel No. RP54N03W235700A NOTICE OF TRUSTEE'S SALE
On March 09, 2007, at the hour of 11:00am, of said day, at At the main entrance to Alliance Title & Escrow, 105 Pine St., Sandpoint, Idaho, Fidelity National Title Ins Company, as trustee, will sell at public auction, to the highest bidder, for cash, cashier's check drawn on a State or National Bank, a check drawn by a State or Federal Credit Union, or a check drawn by a State or Federal Savings and Loan Association, Savings Association, or Savings Bank, 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: That portion of the west half of the southwest quarter of section 23, township 54 north, range 3 west, Boise Meridian, Bonner county, Idaho, described as follows: Beginning at the southwest corner of said section: Thence north along the west line of said section 638.61 feet to the west right of way of the Old Northern Pacific Railroad; Thence along said right of way 1035.50 feet to the true point of beginning; thence continuing along said right of way north 52o 17' 51" east, 104.50 feet; thence north 52o 29' 27" east, 550.99 feet to the west right of way of county road; thence along the county road right of way north 16o 42' 01" west, 100.00 feet; thence leaving said right of way south 81o 23' 31" west. 671.57 feet; thence south 52o 17' 51" west 313.50 feet; thence south 37o 42' 09" east, 68.00 feet; thence north 52o 17' 51" east, 58.00 feet; thence south 37o 42' 09" east, 122.16 feet to the north line of the southwest quarter of the southwest quarter of said section thence north 52o 17' 51" east, 150.00 feet; thence south 37o 57' 17" east, 227.84 feet to the true point of beginning. Commonly known as 860 Granite Loop Rd Athol ID 83801. Said sale will be made without covenant or warranty, express or implied, 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 Kimberly Miller and Jeffrey Miller, Who Are Married To Each Other as Grantor, to First American Title Company Of Idaho, Inc., as Trustee, for the benefit and security of Bank of America, N.A. as Beneficiary, recorded June 14, 2005, as Instrument No. 678876, Mortgage 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: Failure to pay the monthly payment due July 1, 2006 of principal, interest and impounds and subsequent installments due thereafter; plus late charges; together with all subsequent sums advanced by beneficiary pursuant to the terms and conditions of said deed of trust. The estimated balance owing as of this date on the obligation secured by said deed of trust is $101,216.61, including interest, costs and expenses actually incurred in enforcing the obligation thereunder or in this sale, and trustee's fees and/or reasonable attorney's fees as authorized in the promissory note secured by the aforementioned Deed of Trust. Fidelity National Title Ins Company C/o Cal-western Reconveyance Corp P.O. Box 22004 El Cajon CA 92022-9004 (800) 546-1531 Dated: November 07, 2006 Fidelity National Title Insurance Company Signature/By G. Sheppard. R-131885
Legal SNP# 8296
Nov. 29, Dec. 6, 13, 20, 2006