NOTICE OF TRUSTEE'S SALE
On February 28, 2008, at 10:30 a.m., Pacific Standard Time, in the front lobby of North Idaho Title Company, 227 S First Avenue, Sandpoint, Idaho 83864, LISA A. HOLMES, a member of the Idaho State Bar, ISB No. 4525, as Trustee, shall 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:
Lot 3, Block 1, OUTBACK RIDGE, according to the plat thereof recorded in Book 6 of Plats, Page 122, records of Bonner County, Idaho.
The 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 Trustee 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 JOHN W. CULTON, as Grantor(s)/Trustor(s), Lisa A. Holmes, a member of the Idaho State Bar, ISB No. 4525, as Trustee named in said Deed of Trust, for the benefit and security of J. HANK HESTER and JANET HESTER, husband and wife, KALEB HESTER, a single person and NATHAN HESTER, a single person, as Beneficiaries, dated April 13, 2007, signed by the Grantor(s)/Trustor(s) on April 13, 2007 and recorded on April 19, 2007, as Instrument No. 727092 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, September 10, 2007, the default for which this public auction sale is to be made is the failure to:
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 eight hundred twelve dollars and sixty one cents ($812.61) per month, together with late charges of eighty one dollars and twenty six cents ($81.26) per month for the month(s) of June, July and August, 2007.
As of the date of default, September 10, 2007, the principal balance currently owing on the obligation secured by the aforementioned deed of trust is seventy nine thousand dollars ($79,000.00) ; accrued interest, at a per annum rate of twelve percent (12.00%), in the amount of three thousand eighty three dollars and thirty nine cents ($3,083.39, and late charges in the amount of two hundred forty three dollars and seventy eight cents ($243.78), for a total due, as of the aforementioned date, of EIGHTY TWO THOUSAND THREE HUNDRED TWENTY SEVEN DOLLARS AND SEVENTEEN CENTS ($82,327.17), exclusive of all delinquent taxes, 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 fees and costs associated with this foreclosure sale.
The Beneficiary elects, and has directed the 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.
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."
This notice is an attempt to collect a debt and any information obtained as a result hereof will be used for that purpose.
Dated this 22nd day of October, 2007.
/signed/ Lisa A. Holmes
LISA A. HOLMES, ISB No. 4525
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
E-MAIL: holmeslawoffice@verizon.net
Legal 9188
December 25, 2007
January 1, 8, 15, 2008