NOTICE OF TRUSTEE'S SALE
NOTICE IS HEREBY GIVEN that on the 8th day of February, 2008, at the hour of 10:00 o'clock a.m., at the front entrance of the Bonner County Courthouse, 215 S. 1st Street, Sandpoint, ID, 83864, County of Bonner, State of Idaho; Douglas J. Edwards, an attorney licensed in the State of Idaho, as Trustee, will sell 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 on Exhibit "A" attached hereto and incorporated herein by this reference.
For purposes of compliance with Idaho Code Section 60-113: the Trustee has been informed that the records of Bonner County Assessor's Office disclose the following address for the above-described real property: 216 Montana Avenue, Oldtown, ID 83822. Further information concerning the location of said real property may be obtained from Douglas J. Edwards, at (509) 455-3713.
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 L. ROGERS & CYNTHIA D. ROGERS, husband and wife, and the marital community composed thereof, as Grantors to DOUGLAS J. EDWARDS, a member of the State Bar of Idaho, as Trustee, and J. STANLEY FASULES, LLC, a Washington limited liability company, as Beneficiary, dated February 1, 2007, and recorded on February 7, 2007, as Instrument No. 722517, records of Bonner County, Idaho.
THE ABOVE NAMED GRANTOR IS 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 when due monthly payments for the months of August, 2007 and September, 2007; as set forth in the Note secured by the Deed of Trust; to wit: $4,062.50 per month, for a total of $8,125.00 now due in unpaid monthly payments. In addition, a late fee is owing for the August, 2007 payment in the amount of $406.25. All delinquent amounts are now due and payable together with accruing late charges and accruing interest, unpaid and accruing taxes and assessments, all costs and fees associated with this foreclosure as provided by the Deed of Trust or Note, or by Idaho law, and any amounts advanced, or to be advanced, to protect the security associated with this foreclosure. The sum owing on the obligation secured by the Deed of Trust is $325,000.00, interest accruing from August 1, 2007 through August 31, 2007 at the rate of 15% per annum; and plus interest accruing from September 1, 2007 at the default rate of 24% per annum; late charges; fees, costs and advances; unpaid and accruing taxes; Trustee's fees; attorney fees; and any amounts advanced and/or to be advanced to protect the real property and/or the Deed of Trust described herein. Additional interest accrues at the rate of 24% per annum.
Section 45-1506(12) of the Idaho Code provides:
(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.
EXHIBIT A
Beginning at a point which is the Northeast corner of Lot 1 of above Block 14;
Thence due East to the mean high water line of Pend Oreille River as it now exists;
Thence Southeasterly along above mean high water line to a point which is the intersection of the extension of the North boundary line of Lot 24 in above Block 14 extended Easterly to the above mean high water line;
Thence Westerly along above extension to the Northeast corner of the above Lot 24;
Thence Northerly along the East boundary line of above Block 14 to the Northeast corner of above Lot 1, the point of beginning.
A Notice of Default was recorded October 3, 2007, as Instrument No. 738323, records of Bonner County, Idaho.
Dated this 8th day of October, 2007.
Douglas J. Edwards
Attorney at Law
Successor Trustee
1403 S. Grand Blvd., Ste. 201-S
Spokane, WA 99203
(509) 455-3713
STATE OF WASHINGTON
ss.
County of Spokane
On this day personally appeared before me DOUGLAS J. EDWARDS, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this 8th day of October, 2007.
Samantha Warden
NOTARY PUBLIC in and for the State of Washington, residing at Spokane.
My Commission Expires 9/17/08
Legal SNP 9090
November 9, 16, 23, 30, 2007