NOTICE OF TRUSTEE'S SALE
On FRIDAY, 29 FEBRUARY 2008 AT THE HOUR OF 11:00 o'clock A.M., local time, of said day at the front steps of the Bonner County Courthouse, 215 South First Avenue, Sandpoint, Idaho, Paul Harrington, as Successor 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, together with fixtures, situated in the County of Bonner, State of Idaho, and particularly described as follows:
Lots 5 and 6 in Block 1 of EDEL WEISS VILLAGE, according to the plat thereof, recorded in Book 3 of Plats, Page 16, records of Bonner County, Idaho.
Address: 580 Schweitzer Basin Road, Sandpoint, ID
The trustee has no knowledge of a more particular description of the above referenced real property for purposes of compliance with Section 60-113 Idaho Code.
Said sale will be made without covenant or warranty regarding title, possession or encumbrances to satisfy the obligations secured by and pursuant to the power of sale conferred in the Deed of Trust described as follows:
GRANTOR: Tracy K. Fox, an Unmarried Person
TRUSTEE: Sandpoint Title Company
BENEFICIARY: Mountain West Bank
ORIGINAL AMOUNT: $385,000.00
DATE/RECORDED: March 8, 2006/ March 14, 2006
INSTRUMENT NO.: 716055
THE GRANTOR NAMED HEREIN IS LISTED TO COMPLY WITH SECTION 45-1506(4)(a) OF THE IDAHO CODE. No representation is made whether or not she is currently responsible for the obligation listed herein.
The default for which this sale is to be made is the default in payments on the obligation secured by the Deed of Trust for failure of the obligor to make payments of a promissory not with a maturity date of 1 August 2007. As of 19 October 2007, the outstanding principal balance owing on the obligation secured by the Deed of Trust was $428,735.24 plus accrued interest of $12,420.75. Interest accrues form 19 October 2007 at the rate of 9.25% per annum or $108,628.08 per day. Grantor may also be required to pay outstanding taxes, interest, penalties, late charges, service charges, appraisal fees, title policy fees, and other disbursements, costs, fees or expenses incurred or paid by the Beneficiary and/or Trustee associated with this Note or Credit Agreement, or by Idaho law. Paul Harrington, Attorney at Law, is successor trustee of said Deed of Trust.
DATED 11/1/07
/S/ Paul Harrington, Trustee
250 Northwest Boulevard, Suite 102,
Coeur d'Alene, Idaho 83814
208-667-0517
WHENEVER ALL OR APORTION 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, PERIUMS FOR INSURANCE OR ADVANCES MADE BY A BENEFICIARY IN ACCORDANCE WITH THE TERMS OF THE DEED OF TRUST. THE GRANTORS OR THEIR 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 THERON, AT ANY TIME WITHIN ONE HUNDRED FIFTEEN (115) DAYS OF THE RECORDING OF THE NOTICE OF DEFAULT UNDER SUCH DEED OF TRUST, MAY PAY TO THE BENEFICIARY OF 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 HET 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 UCH PORTION OF THE PRINCIPAL AS WOULD NOT THEN BE DUE HAD NO DEFAULT OCCURRED, AND THEREBYB 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. DATE OF THE RECORDING OF THE NOTICE OF DEFAULT UNDER THIS DEED OF TRUST- 29 October 2007, Inst. No 739977, RECORDS OF BONNER COUNTY, IDAHO. INFORMATION ABOUT THE AMOUNT NECESSARY TO CURE ANY DEFAULT MAY BE OBTAINED FROM THE BENEFICIARY AT THE ADDRESS THAT FOLLOWS OR AT (208) 415-5419. REINSTATEMENT FUNDS ARE TO BE TENDERED TO BENEFICIARY: MOUNTAIN WEST BANK, ATTN: SANDI BENTZ, COLLECTION DEPARTMENT, PO BOX 1059, COEUR D'ALENE, ID 83816-1059.
Legal SNP 9095
November 14, 21, 28, December 5, 2007