NOTICE OF SUCCESSOR TRUSTEE'S SALE
On June 30, 2006, at 10:00 a.m. Pacific Standard Time, at the lobby of Sandpoint Title Insurance, Inc., 120 South Second Avenue, Sandpoint ID 83864, LISA A HOLMES, a member of the Idaho State Bar and Successor Trustee to SANDPOINT TITLE INSURANCE, 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 Northeast quarter of the Southeast quarter of the Southwest quarter of Section 17, Township 54 North, Range 5 West, Boise Meridian, Bonner County, Idaho.
EXCEPT a 25 foot right of way for a road along the East side of said tract of land.
TOGETHER WITH that certain easement 30 feet in width for ingress, egress, as set forth in the Instrument, recorded December 6, 1999 as Instrument No. 556361, records of 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, the Successor Trustee has been informed that the address of 113 Forest Place, Blanchard ID and 180 Double J Lane Blanchard ID is sometimes associated with said real property.
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 DAVID J. UTTERSTROM, who tool title as a minor by and through his guardian, MARTHA A. BAKER, and is no longer a minor, as Grantor(s)/Trustor(s), SANDPOINT TITLE INSURANCE, INC., as original Trustee named in said Deed of Trust, for the benefit and security of HAROLD M. BENHAM and EVELYN L. BENHAM, husband and wife, as Beneficiary, dated August 3, 2000, and recorded on August 4, 2000, as Instrument No. 567898 in the records of the County Recorder for the County of Bonner, State of Idaho. The beneficial interest in said deed of trust passed by operation of law to EVELYN L. BENHAM, a widow.
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.
The default for which this public auction sale is to be made is the failure to:
1. Make monthly installment payments under a Promissory Not of even date with and secured by the above-mentioned deed of trust, in amount of THREE HUNDRED AND NO/100's DOLLARS ($300.00) each month, for the month(s) of NOVEMBER and DECEMBER, 2003; JANUARY, FEBRUARY, MARCH, APRIL, MAY , JUNE, JULY, AUGUST, SEPTEMBER, OCTOBER, NOVEMBER and DECEMBER, 2004; JANUARY, FEBRUARY, MARCH, APRIL, MAY , JUNE, JULY, AUGUST, SEPTEMBER, OCTOBER, NOVEMBER, DECEMBER, 2005, JANUARY and FEBRUARY, 2006. Said monthly payments continue to accrue during the pendency of this notice, and;
2. Pay the balance of the real property taxes and assessments for the year 2000, in the principal sum of FORTY-THREE AND 31/100'S DOLLARS ($43.31); pay the real property taxes and assessments for the year 2001 in the principal sum of TWO HUNDRED FORTY-FIVE AND 82/100'A DOLLARS ($245.82); pay the real property taxes and assessments for the year 2002 in the principal sum of TWO HUNDRED FIFTY-THREE AND 66/100'A DOLLARS ($253.66); pay the real property taxes and assessments for the year 2003 in the principal sum of TWO HUNDRED SEVENTY-THREE AND 14/100'A DOLLARS ($273.14); pay the real property taxes and assessments for the year 2004 in the principal sum of SIX HUNDRED EIGHTY-EIGHT AND 38/100'A DOLLARS ($688.38); pay the real property taxes and assessments for the first half of the year 2005 in the principal sum of ONE HUNDRED SIXTY-EIGHT AND 36/100'A DOLLARS; together with interest and penalties accrued or to accrue up to the time of payment. Said real property taxes and assessments continue to accrue during the pendency of this notice, and;
3. Comply with the terms of the Promissory Note which provides in pertinent part "Property shall remain AS IS without additional logging cleanup or tree cutting without prior express written consent of the beneficiary, until property is paid in full."
As of the date of default, February 24, 2006, the principal balance owing on the obligation secured by the aforementioned deed of trust is THIRTEEN THOUSAND FOUR HUNDRED NINETY-TWO AND 74/100'S DOLLARS ($13,492.74); accrued interest, at a per annum rate of TEN PERCENT (10%), in the amount of NE THOUSAND SIXTY-FOUR AND 3/100'S, for a total due, as of the aforementioned date, of FOURTEEN THOUSAND FIVE HUNDRED FIFTY-SIX AND 77/100'S DOLLARS ($16,556.77), exclusive of all delinquent taxes, escrow fees, unpaid attorneys fees 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 the security, and fee 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. 599659 in the records of Bonner County, State of Idaho.
DATED this February 27, 2006.
LISA A. HOLMES,
SUCCESSOR TRUSTEE
TO SANDPOINT TITLE
INSURANCE, INC.
LISA A. HOLMES
HOLMES LAW OFFICE, P.A.
2115 SHERMAN AVE.,
SUITE 107
COEUR D'ALENE, ID 83814
TELEPHONE: (208)664-2351
Legal SNP#7695
Mar. 17, 24, 31, Apr. 6, 2006