Legals for October, 12 2023
NOTICE OF TRUSTEE’S SALE T.S. No. 111475-ID Parcel No.: RP57N05W187960 On 1/22/2024 at 10:00 AM (recognized local time), at the BONNER COUNTY COURTHOUSE, 215 S. FIRST AVE., SANDPOINT, ID 83864, in the County of Bonner, SYDNEY K. LEAVITT, ESQ., a member of the State Bar of Idaho, of ALDRIDGE PITE, LLP 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 as follows, to wit: THE WEST 580 FEET OF THE SOUTHEAST QUARTER, OF SECTION 18, TOWNSHIP 57 NORTH, RANGE 5 WEST, BOISE MERIDIAN, BONNER COUNTY, IDAHO. SUBJECT TO THE COUNTY ROAD RIGHT OF WAY. The Trustee has no knowledge of a more particular description of the above referenced real property, but for purposes of compliance with Idaho Code Section 60-113, the Trustee has been informed that the address of: 434 SNOW CREEK ROAD, PRIEST RIVER, ID 83856, is commonly associated with said real property. Said sale will be made without covenant or warranty, express or implied, 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 ALAN C GALLOWAY AND SUSAN A GALLOWAY, HUSBAND AND WIFE, as Grantor(s), to SANDPOINT TITLE COMPANY, as Trustee, for the benefit and security of AMERICAN GENERAL FINANCIAL SERVICES (DE), INC., as Beneficiary, dated 11/21/2007, recorded 11/26/2007, as Instrument No. 741543, official records of Bonner County, Idaho. Please note: The above named Grantors are named to comply with Idaho Code Section 45-1506(4)(a); no representation is made that they are, or are not, presently responsible for the obligation. The default for which this sale is to be made is the failure to make monthly payments when due from 11/5/2022 and all subsequent monthly payments thereafter, including installments of principal, interest, impounds, advances, plus any charges lawfully due under the note secured by the aforementioned Deed of Trust, Deed of Trust and as allowed under Idaho Law. The sum owing on the obligation secured by said Deed of Trust as of 9/7/2023 is $142,728.63 including interest, costs, fees, including trustee and/or attorney fees and costs, and expenses actually incurred in enforcing the obligation thereunder or in this sale and to protect the security associated with the Deed of Trust, as authorized in the Note, Deed of Trust or as allowed under Idaho Law. Because interest, late charges, fees, costs and expenses continue to accrue, the total amount due varies from day to day. Hence, if you pay the amount shown above, an adjustment may be necessary after receipt of funds to satisfy the debt. For further information, write the Trustee at 4375 Jutland Drive, Ste. 200, San Diego, CA 92117, or call (866)931-0036 DATED: 9/7/2023 Signature/By: SYDNEY K. LEAVITT, ESQ., a member of the State Bar of Idaho, of ALDRIDGE PITE, LLP Legal#5578 AD#14122 September 28, October 5, 12, 19, 2023 _________________________
LEGAL NOTICE The following application(s) have been filed to appropriate the public waters of the State of Idaho: 96-16718 GREGORY ROTH PO BOX 4119 PAGE, AZ 86040-4119 Point of Diversion L4(SESE) S35 T57N R01W BONNER County Source GROUND WATER Use: DOMESTIC 01/01 to 12/31 0.04 CFS Use: COMMERCIAL 01/01 to 12/31 0.04 CFS Total Diversion: 0.08 CFS Date Filed: 08-17-2023 Place Of Use: COMMERCIAL, DOMESTIC T57N R01W S35 L4(SESE) 96-16743 TRAVIS SMITH TARIA SMITH 334 W SOLANO DR PHOENIX, AZ 85013-1853 Point of Diversion L6(SWSE) S33 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: 09-05-2023 Place Of Use: IRRIGATION T57N R01W S33 L6(SWSE) 96-16744 ESTATE OF PETER E SEDA 3017 73RD AVE NE MARYSVILLE, WA 98270-7058 Point of Diversion L1(NENW) S25 T57N R02W BONNER County Source LAKE PEND OREILLE Tributary PEND OREILLE RIVER Use: DOMESTIC 01/01 to 12/31 Total Diversion: 0.04 CFS Date Filed: 09-11-2023 Place Of Use: DOMESTIC T57N R02W S25 L1(NENW) 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 10/23/2023. The protestant must also send a copy of the protest to the applicant. MATHEW WEAVER, Director Legal#5633 AD#15088 October 5, 12, 2023 _________________________
NOTICE OF APPLICATION L96S1503C Pursuant to Section 58-104(9) and 58-1301, et seq., Idaho Code (The Lake Protection Act) and rules of the State Board of Land Commissioners, notice is hereby given that Steven R Temple made application to permit existing riprap on Pend Oreille Lake. Located on Parcel RP033570010030A adjacent to: Sections 7, Township 57 North, Range 01 West; B.M., in Bonner County. Written objections to or requests for hearing in this matter must be on file with the Idaho Department of Lands, 2550 Highway 2 West, Sandpoint, ID 83864 within thirty (30) days after the first appearance of this notice. Specific information regarding this application may be obtained from Jennifer Barker, Lands Resource Specialist - Navigable Waters at the above address or by calling (208) 263-5104. /S/ Erik Sjoquist, Area Manager of Pend Oreille Idaho Department of Lands Legal#5638 AD#15159 October 5, 12, 2023 _________________________
NOTICE OF TRUSTEE’S SALE Idaho Code § 45-1506 Today’s Date: July 26, 2023 Sale Date and Time (local time): December 8, 2023, 10:00 a.m. Sale Location: Flying S Title and Escrow of Idaho, Inc. 414 Church Street, Suite 200 Sandpoint ID 83864 Property Address: 2605 N. Boyer Ave., Sandpoint, Idaho 83864 Successor Trustee: Mark A. Ellingsen Witherspoon Brajcich McPhee PLLC 608 Northwest Boulevard, Suite 402 Coeur d’Alene, Idaho 83814 (208) 927-4001 Deed of Trust Information: Original Grantor(s): Pneumex, Inc. Original Trustee: First American Title Insurance Company Original Beneficiary: Columbia Bank now known as Umpqua Bank Recording Date: May 30, 2019 Recorder’s Instrument No.: 939191 County: Bonner Description of Default:Failure to pay the monthly installment payments Total Sum Owing (Payoff) on the Obligation: As of May 30, 2023 $640,368.55 Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Therefore, if you pay the amount shown above, an adjustment may be necessary after the Successor Trustee receives your funds. For further information write or call the Successor Trustee at the address or telephone number provided above. Please take notice that the Beneficiary elects to sell or cause said property to be sold and that the Successor Trustee will at the time and place noted above, sell at public auction to the highest bidder for certified funds or equivalent the property described under the “Property Address” above. The Beneficiary and Trustee reserve the right to sell all or any part of the Property together or separately. The property address shown above is identified to comply with Idaho Code § 60-113 but is not warranted to be correct. The property’s legal description is: A tract of land located in the Northeast quarter of the Southwest quarter of Section 10, Township 57 North, Range 2 West, Boise Meridian, Bonner County, Idaho, more particularly described as follows: Beginning at a point on the West line of the County road right of way, 25.00 feet West of the Southeast corner of the Northeast quarter of the Southwest quarter of said Section 10; thence West along the South line of said Northeast quarter of the Southwest quarter, a distance of 693.60 feet to the East right of way line of the Airport; thence along said East right of way line North 32°36’ East, a distance of 340.80 feet; thence East a distance of 513.20 feet to the West line of the County Road right of way; thence South along said right of way line 288.80 feet to the Place of Beginning. EXCEPT the following described tract: Beginning at a point on the West line of the County Road right of way a distance of 25.00 feet West of the Southeast corner of the Northeast quarter of the Southwest quarter of said Section 10; thence North 144.40 feet to the True Point of Beginning; thence West a distance of 603.40 feet to the East right of way line of the Airport; thence along said East right of way line, North 32°36’ East, a distance of 170.40 feet; thence East a distance of 513.20 feet to the West line of the County Road right of way; thence South along said right of way line a distance of 144.40 feet to the Place of Beginning. The sale is subject to conditions, rules and procedures as described at the sale. The sale is made without representation, warranty or covenant of any kind. THIS NOTICE IS ISSUED FOR THE PURPOSE OF ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Legal#5639 AD#15167 October 5, 12, 19, 26, 2023
NOTICE TO CREDITORS Case No. CV09-23-1431 IN THE MAGISTRATE 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, THOMAS J. FACSKO, Deceased. NOTICE IS HEREBY GIVEN that TOM SEEFELDT has been appointed Personal Representative for the Estate of THOMAS J. FASCKO. All persons having claims against the deceased or his estate are required 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 either be presented to the undersigned at the address indicated, or filed with the Clerk of the Court and a copy furnished to the Personal Representative’s attorney. DATED this day of October, 2023. /s/ Kolby Reddish, SMITH + MALEK, PLLC; 601 E. Front Avenue, Suite 304; Coeur d’Alene, Idaho 83814. Attorney for TOM SEEFELDT, Personal Representative of the Estate of THOMAS J. FASCKO Legal#5652 AD#15393 October 12, 19, 26, 2023 _________________________
NOTICE TO CREDITORS Case No. CV09-23-1497 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: CATHERINE COYLE FRECHETTE, Deceased. NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named estate. All persons having claims against the said decedent are required 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 to BERNARD J. FRECHETTE, Personal Representative of the above Estate, c/o Lake City Law Group PLLC at 120 E. Lake St. Ste. 202, Sandpoint, ID 83864, and filed with the Court. DATED this 9th day of October, 2023. /s/Bernard J. Frechette Personal Representative FONDA L. JOVICK, ISBA #7065 LAKE CITY LAW GROUP PLLC 120 E. Lake St. Ste. 202 Sandpoint, ID 83864 Telephone: (208) 448-1300 Facsimile: (208) 448-2100 fljefiling@lclattorneys.com Legal#5654 AD#15399 October 12, 19, 26, 2023 _________________________
TRUSTEE’S NOTICE OF SALE Idaho Code 45-1506 Today’s Date: August 2, 2023 File No.: 30057.31564 1. TIME OF SALE. Date: January 11, 2024 Time: 11:00 a.m. Place: Bonner County Courthouse, Front Entrance, 215 S. 1st Ave., Sandpoint, ID 83864 Property Address: 128 Mogul Hill Road #404 Sandpoint, ID 83864 Successor Trustee: Todd R. Johnston Hershner Hunter, LLP PO Box 1475 Eugene, OR 97440 (541) 686-0344 2. PARTIES: Grantor: LINDA HEMINGWAY AND LYLE HEMINGWAY, AS WIFE AND HUSBAND Trustee: ALLIANCE TITLE & ESCROW Successor Trustee: TODD R. JOHNSTON Beneficiary: UMPQUA BANK, SUCCESSOR BY MERGER WITH COLUMBIA STATE BANK, SUCCESSOR BY MERGER WITH PANHANDLE STATE BANK 3. PLEASE TAKE NOTCE. The Successor Trustee will sell at public auction to the highest bidder for certified funds or equivalent the property described above. The property address is identified to comply with IC 60-113 but is not warranted to be corrected. The property’s legal description is: Unit J as described in Declaration of Condominium of Granite Peaks, recorded June 18, 2008 as Instrument No. 753504 and as shown on the Survey of Granite Peaks Condominiums recorded on June 18, 2008 as Instrument No. 753503, official records of Bonner County, Idaho. Together with any interest in the common elements as disclosed in said Condominium Declaration and said survey. 4. RECORDING. The Trust Deed was recorded as follows: Date Recorded: October 31, 2008 Recording No. 761525 Official Records of Bonner County, Idaho 5. DEFAULT. The Grantor or any other person obligated on the Trust Deed and Promissory Note secured thereby is in default and the Beneficiary seeks to foreclose the Trust Deed for failure to pay: Monthly payments in the amount of $3,418.30 each, due the first of each month, for the months of December 2022 through August 2023; plus late charges and advances; plus any unpaid real property taxes or liens, plus interest. 6. AMOUNT DUE. The amount due on the Note which is secured by the Trust Deed referred to herein is: Principal balance in the amount of $37,237.47; plus interest at the rate of 6.125% per annum from November 1, 2022; plus late charges of $1,130.26; plus advances and foreclosure attorney fees and costs. FAIR DEBT COLLECTION PRACTICES ACT NOTICE THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. If this debt has been discharged in a bankruptcy proceeding, this is not an attempt to collect the personal obligation, but rather an enforcement of the security interest granted by the deed of trust. Legal#5655 AD#15420 October 12, 19, 26, November 2, 2023 _________________________