Legals for November, 17 2022
NOTICE OF TRUSTEE’S SALE - To be sold for cash at a Trustee’s Sale on March 9, 2023, 09:00 AM on the front steps of the main entrance, Bonner County Courthouse, 215 S. 1st Avenue, Sandpoint, ID 83864, the following described real property situated in Bonner County, State of Idaho (“Real Property”): Lots 19 and 20 in Block 1 Elmira according to the Official Plat thereof, filed in Book 1 of Plats at Page(s) 109, Records of Bonner County, Idaho Commonly known as: 203 Bonner Street, Sandpoint, ID 83864 Stefan Lemley and Callie Lemley, as Trustors conveyed Real Property via a Trust Deed dated September 2, 2015, in favor of Mortgage Electronic Registration Systems, Inc., as Beneficiary, as nominee for Willamette Valley Bank, its successors and assigns as Beneficiary, in which Alliance Title & Escrow-Sandpoint was named as Trustee. The Trust Deed was recorded in Bonner County, Idaho, on September 3, 2015, as Instrument No. 878819, and modified pursuant to the Modification recorded on September 20, 2018, as Instrument No. 928139, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: U.S. Bank National Association not in its individual capacity but solely as Legal Title Trustee for RMTP Trust, Series 2021 BKM-TT-V Assignment Dated: April 5, 2022 Assignment Recorded: May 11, 2022 Assignment Recording Information: Instrument No. 1005165 Shelly M. Casares is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Bonner, State of Idaho on August 26, 2022 at Instrument No. 1010557, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to Trustor’s failure to make monthly payments beginning March 1, 2022, and each month subsequent, which monthly installments would have been applied on the principal and interest due on said obligation and other charges against the property or loan. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable. The total amount due on this obligation is the principal sum of $110,860.70, interest in the sum of $3,985.99, escrow advances of $1,434.55, other amounts due and payable in the amount of $2,062.57, for a total amount owing of $118,343.81, plus accruing interest, late charges, and other fees and costs that may be incurred or advanced. The Beneficiary anticipates and may disburse such amounts as may be required to preserve and protect the property and for real property taxes that may become due or delinquent, unless such amounts of taxes are paid by the Trustors. If such amounts are paid by the Beneficiary, the amounts or taxes will be added to the obligations secured by the Deed of Trust. Other expenses to be charged against the proceeds of this sale include the Trustee’s fees and attorney’s fees, costs and expenses of the sale, and late charges, if any. Beneficiary has elected, and has directed the Trustee to sell the above described property to satisfy the obligation. The sale is a public sale and any person, including the Beneficiary, may bid at the sale. The bid price must be paid immediately upon the close of bidding by certified funds (valid money orders, certified checks or cashier’s checks). The conveyance will be made by Trustee’s Deed, without any representation or warranty, including warranty of title, express or implied, as the sale is made strictly on an as-is, where-is basis, without limitation, the sale is being made subject to all existing conditions, if any, of lead paint, mold or other environmental or health hazards. The Trustors, successor in interest to the Trustors, or any other person having an interest in the property, or any person named in IRC § 45-1506, has the right, at any time prior to the Trustee’s Sale, to pay to the Beneficiary, or the successor in interest to the Beneficiary, the entire amount then due under the Deed of Trust and the obligation secured thereby (including costs and expenses actually incurred and attorney’s fees) other than such portion of the principal as would not then be due had no default occurred and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust with Successor Trustee’s and attorney’s fees. In the event that all defaults are cured the foreclosure will be dismissed and the foreclosure sale will be canceled. The scheduled Trustee’s Sale may be postponed by public proclamation up to 30 days for any reason. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Successor Trustee and the successful bidder shall have no further recourse. The above Trustors are named to comply with IRC § 45-1506(4)(a). No representation is made that they are, or are not, presently responsible for this obligation. This is an attempt to collect a debt and any information obtained will be used for that purpose. Dated this 20th day of October, 2022. Shelly M. Casares Substitute Trustee 376 East 400 South, Suite 300, Salt Lake City, UT 84111 Telephone: 801-355-2886 Office Hours: Mon.-Fri., 8AM-5PM (MST) File No. ID10667 Legal#4649 AD#568438 October 27, November 3, 10, 17, 2022 _________________________
NOTICE TO CREDITORS Case No. CV09-22-1417 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER MAGISTRATE DIVISION IN THE MATTER OF THE ESTATE OF GEORGE RUSSELL HORN JR., Deceased. NOTICE IS HEREBY GIVEN that ELVA J. HORN has been appointed personal representative of the above named decedent. All persons having claims against the decedent or the estate are required to present their claims within four months after the date of the first publication of this notice or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated, and filed with the Clerk of Court. DATED this 31st day of October, 2022. /s/ J.T. Diehl Attorney for Personal Representative 106 Superior Street Sandpoint, Idaho 83864 (208)263-8529 Legal#4663 AD#2188 November 3, 10, 17, 2022 _________________________
NOTICE TO CREDITORS Case No. CV09-22-1464 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER IN THE MATTER OF THE ESTATE OF BOBBY E. STRAWN Deceased. NOTICE IS HEREBY GIVEN that Phillip Strawn has been appointed personal representative of the above-named decedent. All persons having claims against the decedent or the estate are required to present their claims within four months after the date of the first publication of this Notice or within 60 days after the undersigned mailed or delivered a copy of this Notice to such persons, whichever is later, or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated and filed with the Clerk of the Court. DATED this 1st day of November, 2022. /s/ Katherine Elsaesser ELSAESSER ANDERSON, CHTD. 519 High Street P.O. Box 369 Priest River, ID 83856 Phone: (208) 448-2990 Fax: (208) 448-2990 Legal#4665 AD#2192 November 3, 10, 17, 2022 _________________________
NOTICE TO CREDITORS (I.C. 15-3-801) CASE NO. CV09-22-1465 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER IN THE MATTER OF THE ESTATE OF JANIS ANN KREPS, DECEASED. NOTICE IS HEREBY GIVEN that RUDOLF KREPS has been appointed Personal Representative of the estate of JANIS ANN KREPS. All persons having claims against JANIS ANN KREPS and/or her estate are required by law to present their claims within four (4) months after the date of the first publication of this notice or said claims will be forever barred. CLAIMS MUST BE PRESENTED WITHIN SUCH TIME LIMITS to the undersigned attorneys, Vasseur & Schlotthauer, PLLC, P.O. Box 808, Coeur d’Alene, Idaho, 83816, AND MUST ALSO BE FILED WITHIN SUCH TIME LIMITS with the Clerk of the Court of the First Judicial District, Bonner County, Idaho. DATED this 7th day of November, 2022. VASSEUR & SCHLOTTHAUER, PLLC /s/ Brent G. Schlotthauer BRENT G. SCHLOTTHAUER P.O. Box 808 Coeur d’Alene, Idaho 83816-0808 Legal#4682 AD#2457 November 10, 17, 24, 2022 _________________________
LEGAL NOTICE The following application(s) have been filed to appropriate the public waters of the State of Idaho: 96-10785 DILLON BLOOMER ROGER BLOOMER 240 SHALOM CT CLARK FORK, ID 83811-7809 Point of Diversion SENWSW S20 T55N R03E BONNER County Source SPRING Tributary SINKS Use: DOMESTIC 1 /1 to 12/31 Total Diversion: 0.04 CFS Date Filed: 11-01-2022 Place Of Use: DOMESTIC T55N R03E S20 NWSW 96-12257 SUSAN FAIRCLOUGH 4858 BERNAL AVE PLEASANTON, CA 94566-1155 Point of Diversion SWNESW S6 T56N R02E BONNER County Source SPRING Tributary CARTER CREEK Use: DOMESTIC 1 /1 to 12/31 Total Diversion: 0.04 CFS Date Filed: 10-14-2022 Place Of Use: DOMESTIC T56N R02E S6 NESW 96-12384 MARTIN HOYE 8459 SUNNYSIDE RD SANDPOINT, ID 83864-6664 Point of Diversion NESESW S2 T57N R01W BONNER County Source SPRING Tributary LAKE PEND OREILLE Use: FIRE PROTECTION STORAGE 1 /1 to 12/31 2 AF Use: IRRIGATION FROM STORAGE 4 /1 to 10/31 18 AF Use: IRRIGATION STORAGE 1 /1 to 12/31 18 AF Use: FIRE PROTECTION FROM STORAGE 01/01 to 12/31 2 AF Total Diversion: 20 AF Date Filed: 11-02-2022 Place Of Use: FIRE PROTECTION FROM STORAGE,FIRE PROTECTION STORAGE,IRRIGATION FROM STORAGE,IRRIGATION STORAGE T57N R01W S2 SESW Total Acres: 6 96-12471 STEVE ROOS 134 SUNNYSIDE RD SANDPOINT, ID 83864 Point of Diversion SWNW S4 T57N R01W BONNER County Source LAKE PEND OREILLE Tributary PEND OREILLE RIVER Use: IRRIGATION 4 /1 to 10/31 Total Diversion: 0.05 CFS Date Filed: 08-26-2022 Place Of Use: IRRIGATION T57N R01W S4 SWNW Total Acres: 1.7 96-12551 GABE SELLERS JENNIFER SELLERS 132 PINECONE ROAD SANDPOINT, ID 83864 Point of Diversion L1(NWNW) S7 T58N R01W BONNER County Source GROUND WATER Use: DOMESTIC 1 /1 to 12/31 0.06 CFS Use: IRRIGATION 04/1 to 10/31 0.2 CFS Use: STOCKWATER 1 /1 to 12/31 0.02 CFS Total Diversion: 0.2 CFS Date Filed: 11-01-2022 Place Of Use: DOMESTIC, IRRIGATION,STOCKWATER T58N R01W S7 L1(NWNW) Total Acres: 15 96-12836 EMMETT JONES 60 JONES RD SAGLE, ID 83860 Point of Diversion L1(SESW) S19 T57N R01W BONNER County Source PEND OREILLE LAKE Tributary PEND OREILLE RIVER Use: DOMESTIC 4 /1 to 10/31 Total Diversion: 0.04 CFS Date Filed: 09-29-2022 Place Of Use: DOMESTIC T57N R01W S19 L1(SWSW),L1(SESW) Place Of Use: DOMESTIC T57N R01W S30 L4(NWNW),L3(NENW) 96-12844 BASCOM & TERRI PALMER TRUST 270 GROUSE CREEK CUTOFF SANDPOINT, ID 83864 Point of Diversion SWNE S2 T58N R01W BONNER County Source GROUND WATER Point of Diversion SENW S2 T58N R01W BONNER County Source GROUND WATER Use: IRRIGATION 4 /1 to 10/31 0.2 CFS Use: FIRE PROTECTION 1 /1 to 12/31 0.2 CFS Use: DOMESTIC 1 /1 to 12/31 0.11 CFS Use: STOCKWATER 1 /1 to 12/31 0.02 CFS Total Diversion: 0.2 CFS Date Filed: 10-28-2022 Place Of Use: DOMESTIC,FIRE PROTECTION,STOCKWATER T58N R01W S2 L3(NENW),L2(NWNE), SWNE,SWNW,SENW Place Of Use: IRRIGATION T58N R01W S2 L3(NENW),SWNE,SENW Total Acres: 11 96-13203 RODERICK H STANFORD ROBERTA STANFORD 1751 WINDERMERE LOOP RD WINDERMERE, BC VOB 2L2 Point of Diversion L2(SWNW) S29 T56N R03W BONNER County Source PEND OREILLE RIVER Tributary COLUMBIA RIVER Use: IRRIGATION 04/01 to 10/31 Total Diversion: 0.03 CFS Date Filed: 10-27-2022 Place Of Use: IRRIGATION T56N R03W S29 L2(SWNW) Total Acres: 0.8 96-13348 ROLEY SCHOONOVER 1413 UPPER GOLD CREEK RD SANDPOINT, ID 83864 Point of Diversion SENESE S6 T58N R01E BONNER County Source SPRING Tributary GOLD CREEK Use: DOMESTIC 1 /1 to 12/31 Total Diversion: 0.04 CFS Date Filed: 10-31-2022 Place Of Use: DOMESTIC T58N R01E S5 SWSW Place Of Use: DOMESTIC T58N R01E S6 SESE,NESE 96-13384 CARL PIETRON PATRICIA PIETRON 2342 WRENCO LOOP SANDPOINT, ID 83864 Point of Diversion NWSE S29 T57N R03W BONNER County Source UNNAMED STREAM Tributary JOHNSON CREEK Use: IRRIGATION 04/01 to 10/31 Total Diversion: 0.15 CFS Date Filed: 10-24-2022 Place Of Use: IRRIGATION T57N R03W S29 NESE,NWSE Total Acres: 5 96-13387 COLEGROVE TRUST 1392 LOWER PACK RIVER RD SANDPOINT, ID 83864-8183 Point of Diversion SWNENW S19 T59N R01W BONNER County Source SPRING Tributary SINKS Use: IRRIGATION 04/01 to 10/31 Total Diversion: 0.03 CFS Date Filed: 10-24-2022 Place Of Use: IRRIGATION T59N R01W S19 NENW Total Acres: 1 96-13414 JOHN KEAN SUSAN KEAN PO BOX 1449 KIHEI, HI 96753-1449 Point of Diversion L1(NWNE) S8 T57N R01W BONNER County Source LAKE PEND OREILLE Tributary PEND OREILLE RIVER Use: IRRIGATION 04/01 to 10/31 Total Diversion: 0.03 CFS Date Filed: 10-24-2022 Place Of Use: IRRIGATION T57N R01W S8 L1(NWNE) Total Acres: 1 96-13439 MARK SAUTER 205 CEDAR RIDGE RD SANDPOINT, ID 83864-9029 Point of Diversion SESW S31 T56N R03W BONNER County Source HOODOO CREEK Tributary PEND OREILLE RIVER Use: DIVERSION TO STORAGE 01/01 to 12/31 0.2 CFS Use: FIRE PROTECTION STORAGE 01/01 to 12/31 9.8 AF Use: RECREATION STORAGE 01/01 to 12/31 9.8 AF Use: IRRIGATION STORAGE 01/01 to 12/31 27 AF Use: IRRIGATION FROM STORAGE 04/01 to 10/31 27 AF Total Diversion: 0.2 CFS, 36.8 AF Date Filed: 10-25-2022 Place Of Use: DIVERSION TO STORAGE,FIRE PROTECTION STORAGE,IRRIGATION FROM STORAGE,IRRIGATION STORAGE,RECREATION STORAGE T56N R03W S31 L5(SWSW) Place Of Use: IRRIGATION FROM STORAGE T56N R03W S31 L4(NWSW) Total Acres: 9 96-13441 MARK SAUTER 205 CEDAR RIDGE RD SANDPOINT, ID 83864-9029 Point of Diversion L5(SWSW) S31 T56N R03W BONNER County Source GROUND WATER Use: DOMESTIC 01/01 to 12/31 0.1 CFS Use: STOCKWATER 01/01 to 12/31 0.02 CFS Total Diversion: 0.12 CFS Date Filed: 10-25-2022 Place Of Use: DOMESTIC,STOCKWATER T56N R03W S31 L4(NWSW),L5(SWSW),SESW 96-13476 CHARLES R SWARTZ 4633 ELMIRA RD SANDPOINT, ID 83864 Point of Diversion NWSE S12 T59N R01W BONNER County Source SAND CREEK Tributary PACK RIVER Use: IRRIGATION 04/01 to 10/31 Total Diversion: 0.15 CFS Date Filed: 10-27-2022 Place Of Use: IRRIGATION T59N R01W S12 NWSE Total Acres: 5 96-13548 THOMAS COMETTO LORI COMETTO PO BOX 665 PONDERAY, ID 83852-0665 Point of Diversion SENW S24 T59N R01E BONNER County Source GROUSE CREEK Tributary GROUSE CREEK Use: FIRE PROTECTION 01/01 to 12/31 0.2 CFS Use: IRRIGATION 04/01 to 10/31 0.06 CFS Total Diversion: 0.2 CFS Date Filed: 10-28-2022 Place Of Use: FIRE PROTECTION T59N R01E S24 NENW,SENW Place Of Use: IRRIGATION T59N R01E S24 SENW Total Acres: 2 96-13575 TERRY C BLOOM PO BOX 74 KOOTENAI, ID 83840-0074 Point of Diversion SESW S6 T57N R01W BONNER County Source BOYER SLOUGH Tributary LAKE PEND OREILLE Use: IRRIGATION 04/01 to 10/31 Total Diversion: 0.2 CFS Date Filed: 10-28-2022 Place Of Use: IRRIGATION T57N R01W S6 SESW Total Acres: 4 96-13582 HONEY POT TRUST PO BOX 3762 COEUR D ALENE, ID 83816-2530 Point of Diversion L3(SWNW) S25 T57N R02W BONNER County Source LAKE PEND OREILLE Tributary PEND OREILLE RIVER Use: FIRE PROTECTION 01/01 to 12/31 0.2 CFS Use: IRRIGATION 04/01 to 10/31 0.03 CFS Total Diversion: 0.2 CFS Date Filed: 11-01-2022 Place Of Use: FIRE PROTECTION,IRRIGATION T57N R02W S25 L3(SWNW) Total Acres: 0.6 96-13590 HEIDI R EARL ROBERT M EARL PO BOX 51 LACLEDE, ID 83841-0051 Point of Diversion NESW S19 T56N R03W BONNER County Source RILEY CREEK Tributary PEND OREILLE RIVER Use: IRRIGATION 04/01 to 10/31 0.06 CFS Use: STOCKWATER 01/01 to 12/31 0.02 CFS Total Diversion: 0.08 CFS Date Filed: 11-01-2022 Place Of Use: IRRIGATION,STOCKWATER T56N R03W S19 NESW Total Acres: 2 96-13599 CLIFFORD DAVIS GINA DAVIS 145 HERITAGE LN SANDPOINT, ID 83864-0706 Point of Diversion SENW S9 T58N R01W BONNER County Source PACK RIVER Tributary LAKE PEND OREILLE Use: STOCKWATER 01/01 to 12/31 0.02 CFS Use: IRRIGATION 04/01 to 10/31 0.2 CFS Total Diversion: 0.2 CFS Date Filed: 10-20-2022 Place Of Use: IRRIGATION,STOCKWATER T58N R01W S9 SWNW,SENW Total Acres: 13.3 98-8103 BEN AND PAULA DUNN LIVING TRUST PO BOX 1 COLBURN, ID 83865-0001 Point of Diversion NWNW S10 T59N R01W BONNER County Source GROUND WATER Use: DOMESTIC 01/01 to 12/31 0.04 CFS Use: IRRIGATION 04/01 to 10/31 0.03 CFS Total Diversion: 0.07 CFS Date Filed: 10-24-2022 Place Of Use: DOMESTIC,IRRIGATION T59N R01W S10 NENW,NWNW Total Acres: 1 Permits will be subject to all prior water rights. For additional information concerning the property location, contact the Northern office at (208)762-2800; or for a full description of the right(s), please see https://idwr.idaho.gov/apps/ExtSearch/WRApplicationResults/. Protests may be submitted based on the criteria of Idaho Code § 42-203A. Any protest against the approval of this application must be filed with the Director, Dept. of Water Resources, Northern Region, 7600 N MINERAL DR STE 100, COEUR D ALENE ID 83815-7763 together with a protest fee of $25.00 for each application on or before 12/5/2022. The protestant must also send a copy of the protest to the applicant. GARY SPACKMAN, Director Legal#4690 AD#2518 November 17, 24, 2022 _________________________
NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN that the Ponderay City Council will hold a public hearing on Monday, December 5, 2022, at 5:30 p.m., to consider the following request: File SS22-043 Bobby McGhee Golf and RV Resort, LLC are seeking preliminary plat approval in order to subdivide a portion of a ±77.67-acre parcel into 60-residential lots and 3-common area/drainage lots, with a large, designated remainder parcel. The proposal includes the extension of Vermeer Drive, as well as construction of two new additional streets. The proposed residential lots range in size from ±7,228 sq ft to ±11,540 sq ft. The property is located west of McGhee Road and north of Vermeer Drive in Section 2, Township 57 North Range 2 West, Bonner County Idaho. The Ponderay Planning Commission unanimously recommended denial of the plat at their regularly scheduled meeting on October 13, 2022. An electronic method of participation has also been established for the applicants and members of the public who wish to participate remotely. Please visit the project page for these files on the City of Ponderay website at http://www.cityofponderay.org/planning-zoning/projects/ for information on how to register in advance of the meeting. Any person needing special accommodations to participate in the public hearing should contact the Ponderay Planning Department at (208) 265-5468 at least 48 hours before the hearing. All written comments will be accepted up until one week prior to the hearing. Written comments of less than one page and oral testimony will be accepted until the close of the public comment portion of the hearing. Comments may be mailed to Ponderay – City Planning, P.O. Box 500, Ponderay, ID 83852 or via e-mail to klmiller@ponderay.org. Additional information is available at the planning department. Legal#4692 AD#2525 November 17, 2022 _________________________
NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Bonner County Zoning Commission will hold a public hearing beginning at 5:30 p.m. on Thursday, December 15, 2022, in the Bonner County Administration Building, 1500 Highway 2, Sandpoint, Idaho, by Zoom teleconference, and YouTube Livestream to consider the following requests: File ZC0015-22- Zone Change. The applicants are requesting a zone change from Rural-5 to Commercial. The property is 7.2 acres. The property is zoned Rural-5. The project is located off Battle Drive in Section 24, Township 55 North, Range 6 West, Boise-Meridian. If interested in participating, please visit our website for details at: bonnercountyid.gov/departments/planning/public-hearings/meetings Any person needing special accommodations to participate in the public hearing should contact the Bonner County Planning Department at (208) 265-1458 at least 48 hours before the hearing. ** Written statements must be submitted to the planning department record no later than seven (7) days prior to the public hearing. Written statements not exceeding one standard letter sized, single spaced page may be submitted at the public hearing. Comments can be sent to the Bonner County Planning Department at 1500 Highway 2, Suite 208, Sandpoint, Idaho 83864; faxed to (866) 537-4935 or e-mailed to planning@bonnercountyid.gov. Additional information is available at the planning department. Staff reports are available at the planning department or may be viewed at www.bonnercountyid.gov prior to the scheduled hearing. Any affected person as defined by Idaho Code, Title 67, Chapter 65, may present an appeal to the Board of County Commissions from any final decision by the Bonner County Zoning Commission. (Bonner County Revised Code, Section 12-262) BCB LEGAL #4698 AD #2709 NOVEMBER 17, 2022 _________________________