Legals September 21, 2015
IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI Case No. CV15-5347 SUMMONS FOR PUBLICATION WELLS FARGO BANK, N.A., Plaintiff, vs. CLIFFORD R. SWEENEY (Deceased) and Unknown Heirs, Assigns and Devisees of CLIFFORD R. SWEENEY, individually, and as Trustee of the CLIFFORD AND JOYCE SWEENEY LIVING TRUST; JOYCE SWEENEY, individually and as Trustee of the CLIFFORD AND JOYCE SWEENEY LIVING TURST; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; PIONEER TITLE COMPANY, and Does 1-10 as individuals with an interest in the property legally described as: Lot 1 in Block 2 of Leisure Village, according to the official plat thereof, filed in Book F of Plats at Page(s) 159, official records of Kootenai County, Idaho. Commonly known as: 1515 W. Rosewood Court, Hayden, ID 83835. Defendants. NOTICE: YOU HAVE BEEN SUED BY THE ABOVE-NAMED PLAINTIFF. THE COURT MAY ENTER JUDGMENT AGAINST YOU WITHOUT FURTHER NOTICE UNLESS YOU RESPOND WITHIN 20 DAYS. READ THE FOLLOWING BELOW. TO: All Defendants You are hereby notified that in order to defend this lawsuit, an appropriate written response must be filed with the above-designated court within 20 days after service of this Summons on you. If you fail to so respond, the court may enter judgment against you as demanded by the Plaintiff in the Complaint. The nature of the claim against you is for, among other things, judicial foreclosure of the real property located at 1515 W. Rosewood Court, Hayden, ID 83835. A copy of the Summons and Complaint can be obtained by contacting either the Clerk of the Court or the attorney for Plaintiff. If you wish to seek the advice of or representation by an attorney in this matter, you should do so promptly so that your written response, if any, may be filed in time and other legal rights protected. An appropriate written response requires compliance with Rule 10(a)(1) and other Idaho Rules of Civil Procedure and shall also include: 1. The title and number of this case. 2. If your response is an Answer to the Complaint, it must contain admissions or denials of the separate allegations of the Complaint and other defenses you may claim. 3. Your signature, mailing address and telephone number, or the signature, mailing address and telephone number of your attorney. 4. Proof of mailing or delivery of a copy of your response to Plaintiff's attorney, as designated above. To determine whether you must pay a filing fee with your response, contact the Clerk of the above-named Court. DATED This 11th day of August , 2015 CLERK OF THE DISTRICT COURT JIM BRANNON By: /S/_________ Deputy Clerk LEGAL 4169 AUGUST 31, 2015 SEPTEMBER 7, 14, 21, 2015
NOTICE OF LETTING Sealed proposals will be received by the IDAHO TRANSPORTATION BOARD only at the office of the IDAHO TRANSPORTATION DEPARTMENT, 3311 WEST STATE STREET, BOISE, IDAHO 83703, ATTN: CONTRACTING SERVICES until two o'clock p.m., on October 6, 2015, for the work of Brooming approximately 170 lane miles of I-90, US-95, and SH-41, including Traffic Control.; STATE, FY16 D1 DISTWIDE BROOMING, known as Idaho Project No. A012(973), in KOOTENAI County, Key No. 12973. [ADDITIONAL INFORMATION CONTACT: RESIDENT ENGINEER ***JASON MINZGHOR*** AT (208) 772-1223] Plans, specifications, form of contract, proposal forms, and other information may be obtained from the Idaho Transportation Department website at http://www.itd.idaho.gov/design/contractors/contrinfo.htm. This contract requires full compliance with Title VI of the Civil Rights Act of 1964, which protects persons from being denied the benefits of or excluded from participation in programs or activities; or subjected to discrimination based on race, color, national origin, sex, age, disability, Limited English Proficiency or economic status. The Contractor is encouraged to utilize the goods and services of disadvantaged firms in accomplishing the tasks or providing the services of this agreement, and to provide equal opportunity to all sub-bidders and suppliers. Dated September 8, 2015 JAMES "JIM" F. CARPENTER, P.E. Chief Operations Officer LEGAL 4311 SEPTEMBER 14, 21, 2015
IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI Case No. CV15-6379 NOTICE OF HEARING ON NAME CHANGE(Adult) IN RE: Rhonda Marie Laud A Petition to change the name of Rhonda Marie Laud, now residing in the City of Rathdrum, State of Idaho, has been filed in the Districtr Court in Kootenai County, Idaho. The name will change to: Rhonda Marie Wilson. The reason for this change in name is: I would like to change back to my maiden name as I am divorced. A hearing on the Petition is scheduled for 9 o'clock AM on October 26, 2015 at the Kootenai County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date Sept 10, 2015 JIM BRANNON CLERK OF THE DISTRICT COURT By: /S/ Debra D. Leu Deputy Clerk LEGAL 4320 SEPTEMBER 21, 28, 2015 OCTOBER 5, 12, 2015
Notice of Re-Scheduled Trustee's Sale Idaho Code 45-1506A Today's date: September 14, 2015 File No.: 7777.19792 Sale date and time (local time): October 16, 2015 at 10:00 AM Sale location: in the Veteran's Plaza outside the north entrance of the administrative building, 451 Government Way, Coeur d'Alene, ID 83814 Property address: 5875 North Troon Street Coeur d' Alene, ID 83815 Successor Trustee: Northwest Trustee Services, Inc., an Idaho Corporation P.O. Box 997 Bellevue, WA 98009 (425) 586-1900 Deed of Trust information Original grantor: Chad A Rouse and Kristena S Rouse, husband and wife Original trustee: North Idaho Title Original beneficiary: New Century Mortgage Corporation Recording date: November 30, 2005 Recorder's instrument number: 1998550 and Re-Recorded 12/22/2005 under Instrument No. 2003349 County: KOOTENAI Sum owing on the obligation: as of September 14, 2015: $183,047.25 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. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check. For further information write or call the Successor Trustee at the address or telephone number provided above. Basis of default: failure to make payments when due. Please take notice that 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 correct. The property's legal description is: Lot 11, Block 2, Palisades, according to the Plat recorded in Book "I" of Plats at Page 356, Records of Kootenai County, Idaho. The sale is subject to conditions, rules and procedures as described at the sale and which can be reviewed at www.northwesttrustee.com or USA-Foreclosure.com. The sale is made without representation, warranty or covenant of any kind. (ROUSE, CHAD A. and KRISTENA S. TS# 7777.19792) 1002.272906-File No. LEGAL 4338 SEPTEMBER 21, 28, 2015 OCTOBER 5, 2015
AMENDED NOTICE OF TRUSTEE'S SALE, On Friday, December 4, 2015, at the hour of 11:00 o'clock a.m. at the office of First American Title Company, 1866 N. Lakewood Drive, Coeur d'Alene, ID 83814, the Trustee, or Trustee's agent, will 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 the sale, the following described real property, situated in Kootenai County, State of Idaho, to-wit: LOTS 1, 2, 3 AND 5, BLOCK 2 LOWER LOCH HAVEN VIEW MANOR, ACCORDING TO THE PLAT RECORDED IN BOOK J OF PLATS, PAGE 445, RECORDS OF KOOTENAI COUNTY, IDAHO, Parcel No. 0J4450020010, 0J4450020020, 0J4450020030, 0J4450020050 For the purposes of compliance with Idaho code 60-113, the Trustee has been informed that the address commonly associated with this parcel II property is as follows: NNA, HAYDEN, ID 83835, The 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 Michael Klika & Linda Klika, husband and wife, whose address is PO Box 988, Hayden, ID 83835, as Grantor (hereafter, GRANTORS), John P. Gleesing, as Successor Trustee, and Jack Bunton & Rebecca Yvonne Bunton, husband and wife, whose address is 8915 E. South Riverway, Spokane Valley, Washington 99212, as Beneficiary. The Deed of Trust in the original amount of $200,000.00, was filed of record on April 5, 2011, as Instrument No. 2308758000 records of Kootenai County, Idaho. That John P. Gleesing was appointed Successor Trustee by instrument recorded August 4, 2014, under Auditor's File Number 2465526000. The Defaults to which this sale is to be made are as follows: Failure to pay the following past due amounts: Final Payment Due May 31, 2015 $78,745.06; Accrued Interest from May 1, 2015 to July 14, 2015 $1,618.05; Due in Full Penalty $8,036.31; TOTAL FINAL PAYMENT, INTEREST AND DUE IN FULL PENALTY $ 88,399.42; The total amount necessary to reinstate your Note and Deed of Trust as of July 14, 2015 is $88,399.42, PLUS all costs and fees associated with this foreclosure. After this date, the amount necessary to reinstate your Note and Deed of Trust shall increase to include the amount of any monthly payments and late charges, if applicable, which may fall due after the date of this Notice of Default, through the date of reinstatement or sale. If real property taxes are delinquent, to reinstate your Note and Deed of Trust you must also pay those taxes and provide proof of payment to the undersigned. The principal balance owing as of July 14, 2015, is $78,745.06. The above-named Grantors are named to comply with Idaho Code Section 45-1506(4)(a). No representation is made that he or she is, or is not, presently responsible for this obligation. THIS IS AN ATTEMPT TO COLLECT A DEBT BY JOHN P. GLEESING, ATTORNEY, A DEBT COLLECTOR (HEREAFTER, "DEBT COLLECTOR"). ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. UNLESS WITHIN THIRTY (30) DAYS AFTER YOU RECEIVE THIS NOTICE YOU DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF, THE DEBT COLLECTOR WILL ASSUME THAT THE DEBT IS VALID. IF WITHIN THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS NOTICE YOU NOTIFY THE DEBT COLLECTOR THAT YOU DISPUTE THE DEBT, OR ANY PORTION THEREOF, THE DEBT COLLECTOR WILL OBTAIN VERIFICATION OF THE DEBT, OR, IF APPLICABLE, A COPY OF THE JUDGMENT AGAINST YOU, AND WILL MAIL TO YOU A COPY OF SUCH VERIFICATION OF JUDGMENT. IF YOU REQUEST VERIFICATION OF THE DEBT, THE DEBT COLLECTOR MAY STILL FILE A LAWSUIT AGAINST YOU BEFORE VERIFYING THE DEBT, BUT MAY TAKE OTHER COLLECTION EFFORTS ONLY AFTER MAILING TO YOU THE VERIFICATION INFORMATION. FURTHER, UPON RECEIVING A REQUEST FROM YOU WITHIN THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS NOTICE, THE DEBT COLLECTOR WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. LEGAL 4354 SEPTEMBER 21, 28, 2015 OCTOBER 5, 12, 2015
PUBLIC NOTICE and REQUEST FOR PROPOSALS (RFP) Kootenai County is seeking proposals from qualified contractors to provide six (6) cutaway paratransit vehicles in accordance with RFP 15-02-06. Proposals must be received in the Kootenai County Board of Commissioners office at 451 North Government Way-Kootenai County Administration Building, 3rd Floor, Coeur d'Alene, Idaho, 83814, marked RFP Paratransit Cutaway Vehicles no later than 5:00 PM Pacific Time, Monday 30 November 2015. The Contractors should specify their official name in the lower left hand corner of the outside of said envelope. Request for Proposal packages will be available on the 21 September 2015. Contractors may obtain the proposal package by e-mailing cclarke@kcgov.us. All questions or clarifications regarding the RFP or Kootenai County's Transit System should be submitted in writing to the same e-mail address. All responses will be e-mailed to firms that have received the RFP. Any contract resulting from this RFP is subject to financial assistance from the Federal Transportation Administration (FTA) or Idaho Transportation Department. (ITD) The contractor will be required to comply with all applicable state and federal laws and regulations prohibiting discrimination in programs, activities, and employment opportunities. In order to be eligible to submit a proposal, the proposer must not appear on the Excluded Parties List (www.sam.gov) of Persons or Firms currently debarred or suspended for violation of various public contracts incorporating Labor Standards Provisions. Kootenai County reserves the right to accept or reject any or all proposals or any part or parts thereof and to waive irregularities therein, and all proposers must agree that such rejection shall be without liability on the part of Kootenai County for any claim brought by a proposer because of such rejections, nor can the proposer seek any recourse of any kind against Kootenai County because of such rejections, and the filing of any proposal in response to this solicitation shall constitute an agreement of the proposer to these conditions. LEGAL 4359 SEPTEMBER 21, 2015 OCTOBER 5, 2015
IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI Case No. CV15-5947 NOTICE OF HEARING ON NAME CHANGE(Minor) IN RE: Christian Eugene King A Petition to change the name of Christian Eugene King, now residing in the City of Athol, State of Idaho, has been filed in the Districtr Court in Kootenai County, Idaho. The name will change to Christian John Peterson.. The reason for this change in name is: I want him to have my family name. He never knew his birth father, who was abusive and has no legal rights. A hearing on the Petition is scheduled for 9 o'clock AM on September 28, 2015 at the Kootenai County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date 8/21/15 JIM BRANNON CLERK OF THE DISTRICT COURT By: JANLYN CLEVELAND Deputy Clerk LEGAL 4029 AUGUST 31, 2015 SEPTEMBER 7, 14, 21, 2015
Notice of Trustee's Sale Idaho Code 45-1506 Today's date: August 17, 2015 File No.: 7424.20043 Sale date and time (local time): December 21, 2015 at 10:00 AM Sale location: in the Veteran's Plaza outside the north entrance of the administrative building, 451 Government Way, Coeur d'Alene, ID 83814 Property address: 31719 North Barbara Avenue Spirit Lake, ID 83869 Successor Trustee: Northwest Trustee Services, Inc., an Idaho Corporation P.O. Box 997 Bellevue, WA 98009 (425) 586-1900 Deed of Trust information Original grantor: Bradley M. Brunko and Erica Brunko, husband and wife Original trustee: First American Title Company Original beneficiary: Mortgage Electronic Registration Systems, Inc. solely as nominee for Pinnacle Capital Mortgage Corporation Recording date: 01/11/2012 Recorder's instrument number: 2341926000 County: Kootenai Sum owing on the obligation: as of August 17, 2015: $133,885.91 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. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check. For further information write or call the Successor Trustee at the address or telephone number provided above. Basis of default: failure to make payments when due. Please take notice that 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 correct. The property's legal description is: Lot 3, Block 3, Spirit Lake Village Phase 1, according to the Plat recorded in Book G of Plats, Page 323, Records of Kootenai County, Idaho. The sale is subject to conditions, rules and procedures as described at the sale and which can be reviewed at www.northwesttrustee.com or USA-Foreclosure.com. The sale is made without representation, warranty or covenant of any kind. (BRUNKO, BRADLEY M. and ERICA TS# 7424.20043) 1002.282574-File No. LEGAL 4212 AUGUST 31, 2015 SEPTEMBER 7, 14, 21, 2015
IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI Case No. CV15-6061 NOTICE OF HEARING ON NAME CHANGE(Minor) IN RE: Jayden Robert Townsend. A Petition to change the name of Jayden Robert Townsend, now residing in the City of Coeur d' Alene, State of Idaho, has been filed in the Districtr Court in Kootenai County, Idaho. The name will change to Jayden Robert Bourbon.. The reason for this change in name is: I, the mother, have full custody and want Jayden to carry my last name. A hearing on the Petition is scheduled for 9 o'clock AM on September 28, 2015 at the Kootenai County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date 8/26/15 ANNA ECKHART CLERK OF THE DISTRICT COURT By: /S/_______ Deputy Clerk LEGAL 4244 AUGUST 31, 2015 SEPTEMBER 7, 14, 21, 2015
IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI Case No. CV 15-4004 SUMMONS FOR PUBLICATION U.S. BANK NATIONAL ASSOCIATION, as Trustee, in trust for registered holders of Chase Funding Mortgage Loan Asset-Backed Certificates, Series 2004-2. Plaintiff, vs. DAVID C. FRAZIER (Deceased) and the Unknown Heirs, Assigns and Devisees of DAVID C. FRAZIER; PATSY A. FRAZIER; JPMORGAN CHASE BANK, N.A.; STEWART TITLE COMPANY OF IDAHO; and Does 1-10 as individuals with an interest in the property legally described as: Lot 8 in Block 15 of Northshire Addition according to the official plat thereof, filed in Book E of Plats at Page(s) 199, records of Kootenai County, Idaho. Which may commonly be known as: 4208 North Staples Avenue, Coeur d'Alene, Idaho 83815 Defendants. NOTICE: YOU HAVE BEEN SUED BY THE ABOVE- NAMED PLAINTIFF. THE COURT MAY ENTER JUDGMENT AGAINST YOU WITHOUT FURTHER NOTICE UNLESS YOU RESPOND WITHIN 20 DAYS. READ THE FOLLOWING BELOW. TO: All Defendants You are hereby notified that in order to defend this lawsuit, an appropriate written response must be filed with the above-designated court within 20 days after service of this Summons on you. If you fail to so respond, the court may enter judgment against you as demanded by the Plaintiff in the Complaint. The nature of the claim against you is for, among other things, judicial foreclosure of the real property located at 4208 North Staples Avenue, Coeur d'Alene, Idaho 83815. A copy of the Summons and Complaint can be obtained by contacting either the Clerk of the Court or the attorney for Plaintiff. If you wish to seek the advice of or representation by an attorney in this matter, you should do so promptly so that your written response, if any, may be filed in time and other legal rights protected. An appropriate written response requires compliance with Rule 10(a)(1) and other Idaho Rules of Civil Procedure and shall also include: 1. The title and number of this case. 2. If your response is an Answer to the Complaint, it must contain admissions or denials of the separate allegations of the Complaint and other defenses you may claim. 3. Your signature, mailing address and telephone number, or the signature, mailing address and telephone number of your attorney. 4. Proof of mailing or delivery of a copy of your response to Plaintiff's attorney, as designated above. To determine whether you must pay a filing fee with your response, contact the Clerk of the above-named Court. Dated this 1st day of September , 2015 CLERK OF THE DISTRICT COURT JIM BRANNON By: /S/ Susan McCoy Deputy Clerk LEGAL 4279 SEPTEMBER 7, 14, 21, 28, 2015
Notice of Trustee's Sale Idaho Code 45-1506 Today's date: August 28, 2015 File No.: 7037.106656 Sale date and time (local time): December 28, 2015 at 10:00 AM Sale location: in the Veteran's Plaza outside the north entrance of the administrative building, 451 Government Way, Coeur d'Alene, ID 83814 Property address: 301 East Mullan Avenue Post Falls, ID 83854 Successor Trustee: Northwest Trustee Services, Inc., an Idaho Corporation P.O. Box 997 Bellevue, WA 98009 (425) 586-1900 Deed of Trust information Original grantor: Edgar H Cotter, an Unmarried Man Original trustee: Alliance Title and Escrow Corporation Original beneficiary: JPMorgan Chase Bank, N.A. Recording date: 03/07/2013 Recorder's instrument number: 2399616000 County: KOOTENAI Sum owing on the obligation: as of August 28, 2015: $126,210.49 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. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check. For further information write or call the Successor Trustee at the address or telephone number provided above. Basis of default: failure to make payments when due. Please take notice that 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 correct. The property's legal description is: Lot 7, Block 15, Drumhellers Addition to Post Falls, Kootenai County, State of Idaho according to the plat recorded in Book "E" of Deeds, Page 244. Together with that portion of vacated William Street vacated by Ordinance 924, recorded January 22, 1999 as Instrument No. 1572472. The sale is subject to conditions, rules and procedures as described at the sale and which can be reviewed at www.northwesttrustee.com or USA-Foreclosure.com. The sale is made without representation, warranty or covenant of any kind. Cotter, Edgar (TS# 7037.106656) 1002.279933-File No. LEGAL 4287 SEPTEMBER 14, 21, 28, 2015 OCTOBER 5, 2015
Notice of Trustee's Sale Idaho Code 45-1506 Today's date: August 28, 2015 File No.: 7037.106888 Sale date and time (local time): December 28, 2015 at 10:00 AM Sale location: in the Veteran's Plaza outside the north entrance of the administrative building, 451 Government Way, Coeur d'Alene, ID 83814 Property address: 1917 East 3rd Avenue Post Falls, ID 83854 Successor Trustee: Northwest Trustee Services, Inc., an Idaho Corporation P.O. Box 997 Bellevue, WA 98009 (425) 586-1900 Deed of Trust information Original grantor: Tim Kruger, an umarried man Original trustee: Pioneer Title Company of Kootenai County Original beneficiary: Mortgage Electronic Registration Systems, Inc. solely as nominee for Stearns Lending, Inc. Recording date: 03/31/2010 Recorder's instrument number: 2259383000 County: KOOTENAI Sum owing on the obligation: as of August 28, 2015: $140,342.58 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. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check. For further information write or call the Successor Trustee at the address or telephone number provided above. Basis of default: failure to make payments when due. Please take notice that 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 correct. The property's legal description is: The East Half of Lot 4 and all of Lot 5, Block 13, Riverview Addition to Post Falls, according to the plat recorded in Book "E" of Plats, Page 329, records of Kootenai County, Idaho. The sale is subject to conditions, rules and procedures as described at the sale and which can be reviewed at www.northwesttrustee.com or USA-Foreclosure.com. The sale is made without representation, warranty or covenant of any kind. KRUGER, TIM L (TS# 7037.106888) 1002.282849-File No. LEGAL 4288 SEPTEMBER 14, 21, 28, 2015 OCTOBER 5, 2015
Notice of Lien Sale In accordance with Idaho Code Title 49, Chapter 17, notice is given that the vehicle identified below will be sold at a public auction to the highest bidder on Wednesday, October 7, 2015 at 3:00 p.m. at 1657 W. Dartmouth Circle, Coeur d'Alene, Idaho, to satisfy a possessory lien held by LaPointe Properties, LLC, d/b/a Oak Crest Mobile Home Park: Year: 1987 Make: LIBH Description: Manufactured Home VIN: 09L22126XU The current amount of the possessory lien is $5,457. Contact attorney Scott L. Poorman at (208) 772-6800 for more information. LEGAL 4295 SEPTEMBER 21, 2015
NOTICE OF TRUSTEE'S SALE NOTICE IS HEREBY GIVEN that KATHRYN R. MCKINLEY, the duly appointed Successor Trustee, or her designated agent, will on the 6th day of November 2015, at the hour of 11:00 AM of said day, at the Kootenai County Courthouse, in the Veterans Plaza, 451 Government Way, Coeur d'Alene, Idaho 83814, 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 Kootenai, State of Idaho, and described as follows to wit: SEE ATTACHED EXHIBIT A (the "Property") The Trustee has no knowledge of a more particular description of the above referenced real Property, but for purposes of compliance with Section 60-113 Idaho Code, the Trustee has been informed that the address of 305 North Spokane Street, Post Falls, Idaho 83854, is sometimes associated with the said real property. This Trustee's Sale is subject to a bankruptcy filing, a payoff, a reinstatement or any other conditions of which the Trustee is not aware that would cause the cancellation of this sale. Further, if any of these conditions exist, this sale may be null and void, the successful bidder's funds shall be returned, and the Trustee and the Beneficiary shall not be liable to the successful bidder for any damages. Said sale will be made without covenant or warranty regarding title, possessions or encumbrances to satisfy the obligation secured by and pursuant to the power of sale conferred in the Deed of Trust dated September 30, 2004 executed by THE POINT AT POST FALLS, L.L.C., an Idaho Limited Liability Company, as Grantor with WITHERSPOON, KELLEY, DAVENPORT & TOOLE, P.S., a Washington company, as the Beneficiary, recorded October 4, 2004, as Instrument No. 1904658, in the records of Kootenai County, Idaho, and as said Deed of Trust was subsequently modified and recorded under instrument Nos. 1975398; 2225916000; 2226334000; and 2280549000 records of Kootenai County, Idaho. THE ABOVE GRANTORS ARE 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 the amounts due under that certain Promissory Note dated September 30, 2004 as subsequently amended, at maturity June 30, 2011 in the amounts called for thereunder as follows: The entire sum owing as of July 6, 2015 secured by Deed of Trust includes principal in the amount of $806,276.52 together with accrued interest through July 7, 2015 in the amount of $635,331.53, and attorney's fees and costs of foreclosure, any and all funds expended by Beneficiary to protect its secured interest in the Property, and interest on the principal accruing at the rate of twelve percent (12%) per annum after July 6, 2015, together with delinquent taxes until the date of sale. The Beneficiary elects to sell or cause the trust property to be sold to satisfy said obligation. EXHIBIT A THAT PORTION OF THE FOLLOWING DESCRIBED LAND: PARCEL 1: A part of Government Lot 5, Section 3, Township 50 North, Range 5 West, Boise Meridian, Kootenai County, Idaho, commencing at a point on the South line of the extension of Fourth Street, West 820 feet from the Northwest corner of Block 21 of TOWN OF POST FALLS; thence South a distance of 246 feet; thence East parallel with Fourth Street, 363 feet; thence Following the extension of the West line of Catherine Street, 85 feet; thence Northwesterly to a stake on the extension of the South line of Fourth Street, 195 feet; thence West following the South line of extension of Fourth Street, 253 feet to the PLACE OF BEGINNING. PARCEL 2: A part of Government Lot 5, Section 3, Township 50 North, Range 5 West, Boise Meridian, Kootenai County, Idaho, commencing at the intersection of the North line of South Railroad Street extended West with the West line of Catherine Street, extended South; thence West 363 feet; thence North 314 feet, more or less, to the Southwest corner of the tract described in Parcel No. 1 above; thence East 363 feet to the West line of the Catherine Street extended North; thence South on said extended West line, 314 feet to the PLACE OF BEGINNING. PARCEL 3: A part of Government Lot 5, Section 3, Township 50 North, Range 5 West, Boise Meridian, Kootenai County, Idaho, commencing at the intersection of the North line of South Railroad Street extended West to the East line of Catherine Street, extended South; thence West to the right of way of the Northern Pacific Railway spur; thence South 12 feet; thence East to a point directly South of the PLACE OF BEGINNING; thence North 12 feet to the PLACE OF BEGINNING. PARCEL 4: Part of Government Lots 5 and 6, Section 3, Township 50 North, Range 5 West, Boise Meridian, Kootenai County, Idaho, described as follows: BEGINNING at a point 100 feet South and 80 feet West of the Southwest corner of Block 36, TOWN OF POST FALLS; thence North along the West line of Spokane Avenue, 230 feet; thence West 40 feet; thence North 40 feet; thence East 40 feet; thence North along the West line of Spokane Avenue, 760 feet, more or less, to the center of said Section 3; thence West 30 feet; thence North 93 feet to the South side of the right of way of Chicago, Milwaukee & St. Paul Railway; thence Northwesterly along said right of way, 113 feet, more or less, to its intersection with the South side of South Railroad Street extended West; thence West along the South side of South Railroad Street extended, 168 feet; thence North 48 feet; thence West 576.9 feet to a point 10 feet Westerly of the center line of Spokane Falls Idaho Railroad spur tract; thence Northerly parallel and 10 feet from the center line of said spur track, 144 feet; thence West 60 feet; thence North 150 feet; thence West 170 feet to the West bank of canal extended North and South; thence Southerly along the West bank of said canal to the Spokane River; thence Southeasterly along the Spokane River to a point West of the PLACE OF BEGINNING; thence East 245.2 feet, more or less, to the PLACE OF BEGINNING; ALSO EXCEPTING THEREFROM that portion thereof conveyed by Georgia-Pacific Corporation to Post Falls Highway District by Deed dated March 23, 1971, more particularly described as follows: BEGINNING at a point on the West right of way line of Spokane Street which is 100 feet South and 80 feet West of the Southwest corner of Block 36, TOWN OF POST FALLS, according to the recorded plat thereof, said point being 11.01 feet West of the proposed highway centerline, Station 24+62.89, Federal Aid Project Number S-5735(1); thence North along the West line of Spokane Street 230 feet to a point which is 39.91 feet West of the said proposed highway centerline, Station 22+30.60; thence West 0.09 feet; thence Southwesterly, 40 feet distant from and parallel to the said proposed highway centerline, to a point which is 40 feet Westerly from and at right angles to the said proposed highway centerline Station 24+50, said point is 78.42 feet South 0?00' East and 105.16 feet, South 90?00' West of said Southwest corner of Block 36; thence Southwesterly to a point which is 100 feet South and 130 feet West of the Southwest corner of said Block 36; thence East 50 feet, more or less, to the POINT OF BEGINNING. PARCEL 5: A portion of Lot 5, Section 3, Township 50 North, Range 5 West, Boise Meridian, Kootenai County, Idaho, described as follows: BEGINNING at a point where the West line of Spokane Street intersects the South line of the right of way of the Coeur d'Alene & Spokane Railroad (now Great Northern); thence Westerly following the South line of said right of way to the South line of a certain triangular tract formerly deeded to said railroad company; thence West on said South line to its intersection with the North line of the right of way of the Idaho & Western railway (Milwaukee); thence Easterly along the Northerly right of way of said railroad to the West line of Spokane Street; thence North along the West line of Spokane Street to the PLACE OF BEGINNING. EXCEPTING THEREFROM that portion thereof conveyed by Georgia-Pacific Corporation to Post Falls Highway District by Deed dated March 23, 1971, more particularly described as follows: BEGINNING at a point on the West right of way line of Spokane Street which is 100 feet South and 80 feet West of the Southwest corner of Block 36, TOWN OF POST FALLS, according to the recorded plat thereof, said point being 11.01 feet West of the proposed highway centerline, Station 24+62.89, Federal Aid Project Number S-5735(1); thence North along the West line of Spokane Street 230 feet to a point which is 39.91 feet West of the said proposed highway centerline, Station 22+30.60; thence West 0.09 feet; thence Southwesterly, 40 feet distant from and parallel to the said proposed highway centerline, to a point which is 40 feet Westerly from and at right angles to the said proposed highway centerline Station 24+50, said point is 78.42 feet, South 0?00' East and 105.16 feet, South 90?00' West of said Southwest corner of Block 36; thence Southwesterly to a point which is 100 feet South and 130 feet West of the Southwest corner of said Block 36; thence East 50 feet, more or less, to the POINT OF BEGINNING. PARCEL 6: Lot 4-A in Government Lot 5, Section 3, Township 50 North, Range 5 West, Boise Meridian, Kootenai County, Idaho, according to the plat of the HEIRS OF MARGARET POST ESTATE, according to the plat recorded in Book "C" of Plats, Page 111, records of Kootenai County, Idaho. AND A 20.0 foot wide strip of land situated in Government Lot 5 of Section 3, Township 50 North, Range 5 West, Boise Meridian, Kootenai County, Idaho, being 10.0 feet wide on each side of the old spur tract centerline, running in a generally North-South direction through said Government Lot 5, removed in 1937, being a portion of the same strip of land described in Warranty Deed from Frederick Post and wife to the Spokane Falls and Idaho Railroad Company filed for record June 17, 1895 in Book M of Deeds on Page 247 in and for Kootenai County, Idaho bounded on the North by the Westerly extension of the North line of 4th Street, according to the plat of the Original Town of Post Falls, Idaho, and bounded on the South by the North line of the South 500.0 feet of said Government Lot 5. PARCEL 7: All that portion of Chicago, Milwaukee, St. Paul and Pacific Railroad Company's 100 foot wide right of way and extra width right of way lying West of the West line of Spokane Street and South of the South line of fourth Street extended Westerly, according to the Plat of POST FALLS, in Section 3, Township 50 North, Range 5 West, Boise Meridian, Kootenai County, Idaho. TOGETHER WITH that portion contained in Deed of Trust Modification & Subordination Agreement recorded November 17, 2009 as Instrument No. 2241431000, described as follows: That portion thereof which is included in Lot 3, Block 1 of POST FALLS LANDING, according to the plat thereof recorded in Book "J" at Pages 381 and 381A, subject to an easement for the purposes described in said plat. EXCEPTING THEREFROM all of the following described land contained in Deed of Partial Reconveyance recorded January 29, 2007 as Instrument No. 2080083000 and re-recorded April 2, 2007 as Instrument No. 2091749000 described as follows: TRACT A: Units 401, 402, 403, 404, 301, 302, 303, 304, 305, 201, 202, 203, 205, 101, 102, 103, 104 and 105, of "PIER 20 ON THE BOARDWALK" a condominium, according to the plat filed October 3, 2006, Book "J" of Plats, Pages 384-384C, records of Kootenai County, Idaho. TOGETHER WITH an undivided interest in the common elements as established by the Declaration recorded November 28, 2006, Instrument No. 2069361000, records of Kootenai County, Idaho. TRACT B: An easement over and across Tract "A", POST FALLS LANDING, according to the plat thereof recorded in Book "J" of Plats, Pages 381 and 381A, records of Kootenai County recorder, said easement being a perpetual, non-exclusive easement for recreational purposes, and including such other purposes as ingress, egress, utilities, drainage, and subject to such uniform rules, regulations and restrictions as may be duly adopted by the Post Falls Landing Master Association, Inc., at any time. TRACT C: A non-exclusive temporary parking easement over that portion of Lot 3, Block 1 and Tract "A", POST FALLS LANDING, according to the plat thereof recorded in Book "J" at Pages 381 and 381 A, records of Kootenai County, Idaho, as depicted on the map attached to the Easement Agreement, recorded September 27, 2006, as Instrument No. 2057803000. ALSO EXCEPTING THEREFROM all of the following described land contained in the Deed of Partial Reconveyance recorded February 23, 2007 as Instrument No. 2084700000 described as follows: TRACT A: Units 101, 102, 103, 104, 105, 201, 202, 203, 204, 205, 301, 302, 303, 304, 305, 401, 402, 403, 404 and 405, of "PIER 21 ON THE BOARDWALK" a condominium, according to the plat filed November 28, 2006, Book "J" of Plats, Pages 409-409C, records of Kootenai County, Idaho. TOGETHER WITH an undivided interest in the common elements as established by the Declaration recorded November 28, 2006, Instrument No. 2069361000, records of Kootenai County, Idaho. TRACT B: An easement over and across Tract "A", POST FALLS LANDING, according to plat thereof recorded in Book "J" of Plats, Pages 381 and 381A, records of the Kootenai County recorder, said easement being a perpetual, non-exclusive easement for recreational purposes, and including such other purposes as ingress, egress, utilities, drainage, and subject to such uniform rules, regulations and restrictions as may be duly adopted by the Post Falls Landing Master Association, Inc., at any time. TRACT C: A non-exclusive temporary parking easement over that portion of Lot 3, Block 1 and Tract "A", POST FALLS LANDING, according to the plat thereof recorded in Book "J" at Pages 381 and 381 A, records of Kootenai County, Idaho, as depicted on the map attached to the Easement Agreement, recorded September 27, 2006, as Instrument No. 2057804000. ALSO EXCEPTING THEREFROM all of the following described land contained in the Deed of Partial Reconveyance recorded February 23, 2007 as Instrument No. 2084701000 described as follows: TRACT A: Units 204 and 405, of "PIER 20 ON THE BOARDWALK" a condominium, according to plat filed October 3, 2006, Book "J" of Plats, Pages 384-384C, records of Kootenai County, Idaho. TOGETHER WITH an undivided interest in the common elements as established by the Declaration recorded November 28, 2006, Instrument No. 2069361000, records of Kootenai County, Idaho. TRACT B: An easement over and across Tract "A", POST FALLS LANDING, according to plat thereof recorded in Book "J" of Plats, Pages 381 and 381A, records of the Kootenai County recorder, said easement being a perpetual, non-exclusive easement for recreational purposes, and including such other purposes as ingress, egress, utilities, drainage, and subject to such uniform rules, regulations and restrictions as may be duly adopted by the Post Falls Landing Master Association, Inc., at any time. TRACT C: A non-exclusive temporary parking easement over that portion of Lot 3, Block 1 and Tract "A", POST FALLS LANDING, according to the plat thereof recorded in Book "J" at Pages 381 and 381 A, records of Kootenai County, Idaho, as depicted on the map attached to the Easement Agreement, recorded September 27, 2006, as Instrument No. 2057804000. THAT IS WITHIN THE FOLLOWING DESCRIBED LAND CONTAINED IN EXHIBIT "B" OF FINAL JUDGMENT AND DECREE QUIETING TITLE RECORDED MARCH 17, 2014 AS INSTRUMENT NO. 2449524000 DESCRIBED AS FOLLOWS: BLOCK "A": A portion of Government Lots 5 and 6 in Section 3, Township 50 North, Range 5 West, Boise Meridian, Kootenai County, Idaho, more particularly described as follows: COMMENCING at a point 80 feet West of the Southwest corner of Block 36, TOWN OF POST FALLS; thence North 0?02'30" West along the West line of Spokane Street a distance of 170.00 feet to the Southeast corner of "Tract A" plat of POST FALLS LANDING as recorded in Book "J", Page 381, said point being on the Westerly right of way line of Spokane Street; thence Continuing along the East line of said "Tract A" North 0?02'30" West 220.52 feet to the Northeast corner of said "Tract A"; thence Continuing North 0?02'30" West along the Westerly right of way line of Spokane Street 807.55 feet; thence North 43?04'50" West 713.72 feet to a point on the South right of way line of Fourth Street; thence South 89?59'54" West along said right of way 65.32 feet to the POINT OF BEGINNING; thence Continuing along said right of way line South 89?59'54" West 375.62 feet; thence South 9?38'54" West 271.27 feet; thence South 89?44'17" West 117.31 feet; thence South 21?31'55" East, 17.24 feet; thence South 89?59'54" West 81.05 feet to a point on the apparent high water line of Spokane River; thence Following and meandering the said high water line to a point on the same said line being South 7?08'14" East and 382.89 feet distant from the previous point; thence South 14?44'49" East 158.48 feet; thence North 75?15'11" East 49.36 feet; thence South 7?27'40" East 38.50 feet; thence South 5?56'14" East 35.89 feet; thence North 90?00'0" East 253.63 feet; thence South 37?08'52" East 19.78 feet; thence North 90?00'00" East 24.67 feet; thence North 0?02'30" West 86.74 feet; thence South 89?57'30" West 4.32 feet; thence North 2?11'25" East 123.79 feet to the beginning of a non tangent curve whose radius bears North 89?57'30" East a distance of 250.00 feet; thence Northeasterly along said curve through a central angle of 67?23'29" an arc length of 294.05 feet; thence North 32?06'10" West 3.40 feet; thence North 57?53'50" East 7.38 feet to the beginning of a 8.50 foot radius curve to the left; thence Northeasterly along said curve through a central angle of 71?17'54" an arc length of 10.58 feet; thence North 76?35'56" East 6.00 feet; thence North 13?24'04" West 13.80 feet to the beginning of a 354.50 foot radius curve to the right; thence Northeasterly along said curve through a central angle of 38?43'03" an arc length of 239.55 feet to the beginning of a 137.50 foot radius reverse curve to the left; thence Northeasterly along said curve through a central angle of 46?21'20" an arc length of 111.25 feet to the beginning of a 222.50 foot radius reverse curve to the right; thence Northwesterly along said curve through a central angle of 21?02'15" an arc length of 81.70 feet; thence North 0?00'06" West 0.36 feet to the South right of way line of Fourth Street and the POINT OF BEGINNING. EXCEPTING THEREFROM that portion known as the canal lying below the historic high water line being an elevation of 2118 feet, based on NGVD 1929 datum. BLOCK "D": A portion of Government Lot 6 in Section 3, Township 50 North, Range 5 West, Boise Meridian, Kootenai County, Idaho, more particularly described as follows: COMMENCING at a point 80 feet West of the Southwest corner of Block 36, TOWN OF POST FALLS; thence North 0?02'30" West along the West line of Spokane Street a distance of 170.00 feet to the Southeast corner of "Tract A" plat of POST FALLS LANDING as recorded in Book "J", Page 381, said point being on the Westerly right of way line of Spokane Street; thence Continuing along the East line of said "Tract A" North 0?02'30" West 220.52 feet to the Northeast corner of said "Tract A" and the POINT OF BEGINNING; thence Continuing North 0?02'30" West along the Westerly right of way line of Spokane Street 309.85 feet; thence South 89?57'30" West 27.69 feet; thence North 0?02'30" West 8.00 feet; thence South 89?57'30" West 162.11 feet; thence North 0?02'30" West 4.00 feet; thence South 89?57'30" West 7.28 feet to the beginning of a 33.50 foot radius curve to the left; thence Southwesterly along said curve through a central angle of 90?00'00" an arc length of 52.62 feet; thence South 0?02'30" East 24.38 feet; thence South 89?57'30" West 2.00 feet to a point on a non tangent curve whose center of radius bears South 89?57'30" West a distance of 102.50 feet; thence Southwesterly along said curve through a central angle of 32?19'53", an arc length of 57.84 feet; thence South 32?17'23" West 71.25 feet to the beginning of a 57.50 foot radius curve to the left; thence Southwesterly along said curve through a central angle of 32?19'53", an arc length of 32.45 feet being a point on the boundary of said "Tract A"; thence Continuing along said boundary South 0?02'30" East 58.32 feet to the beginning of a 20.00 foot radius curve to the left; thence Southeasterly along said curve through a central angle of 46?14'00", an arc length of 16.14 feet; thence South 46?16'30" East 72.11 feet to the beginning of a 20.00 foot radius curve to the left; thence Southeasterly along said curve through a central angle of 43?46'00", an arc length of 15.28 feet; thence North 89?57'30" East 195.43 feet; thence North 0?02'30" West 10.00 feet; thence North 89?57'30" East 28.00 feet to the POINT OF BEGINNING. BLOCK "E": A portion of Government Lots 5 and 6 in Section 3, Township 50 North, Range 5 West, Boise Meridian, Kootenai County, Idaho, more particularly described as follows: COMMENCING at a point 80 feet West of the Southwest corner of Block 36, TOWN OF POST FALLS; thence North 0?02'30" West along the West line of Spokane Street a distance of 170.00 feet to the Southeast corner of "Tract A" plat of POST FALLS LANDING as recorded in Book "J", Page 381, said point being on the Westerly right of way line of Spokane Street; thence Continuing along the East line of said "Tract A" North 0?02'30" West 220.52 feet to the Northeast corner of said "Tract A"; thence Continuing North 0?02'30" West along the Westerly right of way line of Spokane Street 405.85 feet to the POINT OF BEGINNING; thence Continuing along said Westerly right of way line North 0?02'30" West 401.70 feet to a point on a non tangent curve whose center of radius bears North 26?12'11" East a distance of 1102.14 feet; thence Northwesterly along said curve through a central angle of 25?39'37" an arc length of 493.60 feet; thence North 0?02'30" West 49.79 feet to a point on a non tangent curve whose center of radius bears North 53?57'28" East a distance of 1072.14 feet; thence Northwesterly along said curve through a central angle of 3?14'51" an arc length of 60.77 feet; thence North 32?47'42" West 134.56 feet to a point on the South right of way line of Fourth Street; thence South 89?59'54" West along said right of way 14.32 feet; thence South 0?00'06" East 0.36 feet to the beginning of a 171.50 foot radius reverse curve to the left; thence Southeasterly along said curve through a central angle of 21?02'15" an arc length of 62.97 feet to the beginning of a 188.50 foot radius reverse curve to the right; thence Southwesterly along said curve through a central angle of 46?21'20" an arc length of 152.51 feet to the beginning of a 303.50 foot radius reverse curve to the left; thence Southwesterly along said curve through a central angle of 29?01'09" an arc length of 153.72 feet to the beginning of a 133.50 foot radius compound curve to the left; thence Southeasterly along said curve through a central angle of 17?24'25" an arc length of 40.56 feet; thence South 21?06'36" East 27.03 feet to the beginning of a 8.5 foot radius curve to the left; thence Southeasterly along said curve through a central angle of 72?37'09" an arc length of 10.77 to the beginning of a 254.50 foot radius reverse curve to the right; thence Southeasterly along said curve through a central angle of 93?41'15" an arc length of 416.15 feet; thence South 0?02'30" East 143.18 feet; thence South 89?57'30" West 4.00 feet; thence South 0?02'30" East 60.00 feet to the beginning of a 48.50 foot radius curve to the left; thence Southeasterly along said curve through a central angle of 80?50'42" an arc length of 68.43 feet; thence North 0?02'30" West 3.38 feet; thence North 89?57'30" East 162.11 feet; thence North 0?02'30" West, 8.00 feet; thence North 89?57'30" East 27.69 feet to a point on the Westerly right of way for Spokane Street and the POINT OF BEGINNING. Dated this 7th day of July 2015. KATHRYN R. MCKINLEY Trustee LEGAL 4306 SEPTEMBER 14, 21, 28, 2015 OCTOBER 5, 2015