Legals for May, 23 2024
NOTICE OF TRUSTEE’S SALE - To be sold for cash at a Trustee’s Sale on August 29, 2024, 10:00 AM at the Veteran’s Memorial Plaza North Entrance Admin Building, 451 N. Government Way, Coeur d’Alene, ID 83815, the following described real property situated in Kootenai County, State of Idaho (“Real Property”): Lot 1, Block 1, Fernan Elkhorn Ranch, according to the Plat recorded in Book “J” of Plats at Page 145, Et Seq., records of Kootenai County, Idaho Commonly known as: 5729 East Fernan Hill Road, Couer D Alene, ID 83814 Sharon L. McCoy and Sharon L. McCoy as Trustee of The Wilbur H. McCoy and Sharon L. McCoy Trust, as Trustors conveyed Real Property via a Trust Deed dated June 1, 2010, in favor of Bank of America, N.A., a National Banking Association as Beneficiary, in which Northwest Trustee Services, Inc was named as Trustee. The Trust Deed was recorded in Kootenai County, Idaho, on June 7, 2010, as Instrument No. 2268097000, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Bank of America, N.A. Assignment Dated: November 8, 2019 Assignment Recorded: November 25, 2019 Assignment Recording Information: Instrument No. 2724732000 Shelly M. Casares f/k/a Shelly M. Espinosa is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Kootenai, State of Idaho on August 5, 2021 at Instrument No. 2850856000, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to the Trustor’s failure to perform an obligation of the Security Instrument by failing to pay the required property taxes and/or insurance. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Truste Deed immediately due and payable. The total amount due on this obligation is the principal sum of $437,996.06, other amounts due and payable in the amount of $22,450.41, for a total amount owing of $460,446.47, 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 in cash or cash equivalents (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 16th day of August, 2021. Shelly M. Casares f/k/a Shelly M. Espinosa 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. ID10257 Legal#12409 AD#22399 May 2, 9, 16, 23, 2024 _________________________
SUMMONS Case No. CV28-23-6679 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI ORVELLA KENDALL, Plaintiffs, vs. ERIKA HIZY Defendants. NOTICE: YOU HAVE BEEN SUED BY THE ABOVE-NAMED PLAINTIFFS. THE COURT MAY ENTER JUDGMENT AGAINST YOU WITHOUT FURTHER NOTICE UNLESS YOU RESPOND WITHIN TWENTY-ONE (21) DAYS. READ THE INFORMATION BELOW. TO: ERIKA HIZY YOU ARE HEREBY NOTIFIED that in order to defend this lawsuit, an appropriate written response must be filed with the above-designated court at 324 W. Garden Ave. Coeur d’Alene, ID 83814 (208) 446-1160; within twenty-one (21) days after service of this Summons on you. If you fail to respond the court may enter judgment against you as demanded by the Plaintiff in the Complaint. A copy of the Complaint is served with this Summons. If you wish to seek the advice 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 Petitioner’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. The nature of the claim against you is as prayed in the Complaint. DATED:10/16/2023 1:59 pm JENNIFER LOCKE DISTRICT COURT CLERK By: /s/ Mary Seevers Deputy Clerk Melanie Baillie, ISB#7232 JAMES, VERNON & WEEKS, P.A. Attorneys at Law 1626 Lincoln Way Coeur d’Alene, ID 83814 Telephone: (208) 667-0683 Fax: (208) 664-1684 mbaillie@jvwlaw.net eserve: whitney@jwlaw.net Attorneys for Plaintiff Legal#12411 AD#22410 May 2, 9, 16, 23, 2024 _________________________
NOTICE OF HEARING ON NAME CHANGE Case No. CV28-24-2911 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI IN RE: BRYNMORGAINE, A petition to change the name of BRYNMORGAINE, now residing in the City of POST FALLS, State of Idaho, has been filed in the District Court in Kootenai County, Idaho. The name will change to BRYN MORGAINE VON KIENAST. The reason for the change in name is: MARRIAGE - NAME CHANGE CLARIFICATION. A hearing on the petition is scheduled for 1:30 o’clock p.m. on June 10, 2024 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: April 30, 2024 Jennifer Locke CLERK OF THE DISTRICT COURT /s/Kathleen Carr Deputy Clerk Legal#12412 AD#22443 May 2, 9, 16, 23, 2024 _________________________
NOTICE OF PUBLIC SALE OF ABANDONED PROPERTY NOTICE IS HEREBY GIVEN that the contents of 5 storage units will be sold at public auction at Farragut Storage, 6522 E. Trinity Lane, Athol, ID. 83801, on May 30, 2024 at 9:00 AM. All units were abandoned by their owners. Among the items included in the auction are: Survival supplies and food, Tools, Appliances, furniture, toys, clothing, hunting supplies, household items, antiques, and auto parts. The names and last known addresses of tenants are listed below. Unit# F-25 Josh Housenger, PO Box 523, Bayview, ID 83803 C-37 Lesley Diener, PO Box 364, Bayview, ID 83803 C-8 Rodney and Ken Geiger, PO Box 1066, Athol, ID 83801 E-15 Melvin Harbison, 7011 Kelso Lake Rd, Athol, ID 83801 G-1 Chrystal Davis, 2455 War Eagle Dr., Athol, ID 83801 Sale will be by competitive bidding on May 30, 2024 at 9:00 am on the premises where property has been stored and which is located at Farragut Storage, 6522 E. Trinity Lane, Athol, ID. 83801. Purchases must be paid for at the time of the sale. Sale is subject to prior cancellation in the event of settlement between the owner and the obligated party. All purchases are sold as is and must be removed at the time of sale. Call Farragut Storage 208-683-2181 for more information. Legal#12424 AD# 22512 May 16 & 23, 2024 _________________________
NOTICE OF HEARING ON NAME CHANGE Case No. CV28-24-3070 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI IN RE: JACE MYKAL BONDS, A petition to change the name of JACE MYKAL BONDS, now residing in the City of RATHDRUM, State of Idaho, has been filed in the District Court in Kootenai County, Idaho. The name will change to JACE MYKAL DYER. The reason for the change in name is: HE HAS REQUESTED THE NAME CHANGE. HIS BIRTH FATHER IS NO LONGER IN HIS LIFE. A hearing on the petition is scheduled for 1:30 o’clock p.m. on 6/17/2024 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: 5/6/2024 Jennifer Locke CLERK OF THE DISTRICT COURT /s/Mary Seevers Deputy Clerk Legal#12446 AD#22730 May 9, 16, 23, 30, 2024 _________________________
PROPOSED AMENDMENT OF WATER PERMIT 95-17958 ASPEN HOMES & DEVELOPMENT LLC, 1110 PARK PLACE, STE 100, COEUR D ALENE, ID 83814-2669 filed an application to amend permit no. 95-17958 on 04-11-2024 to change the point of diversion to NESW S8 T54N R04W due to low flow on the original well. A new well is proposed and the old well will be abandoned. 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/WRAJSearch/WRADJSearch.aspx. The following application(s) have been filed to appropriate the public waters of the State of Idaho: 95-18557 DUANE KEMBEL 12921 S STORMY POINT LANE HARRISON, ID 83833 Point of Diversion NWNW S31 T49N R03W KOOTENAI County Source LAKE COEUR D ALENE Tributary SPOKANE RIVER Use: IRRIGATION 03/15 to 11/15 0.03 CFS Use: DOMESTIC 01/01 to 12/31 0.04 CFS Total Diversion: 0.07 CFS Date Filed: 03-29-2024 Place Of Use: DOMESTIC,IRRIGATION T49N R03W S31 NWNW Total Acres: 0.3 95-18566 ASSOCIATES LEASING LLC C/O HOWARD RUDE 6426 E MAPLEWOOD AVE POST FALLS, ID 83854-6898 Point of Diversion NWSE S26 T48N R05W KOOTENAI County Source UNNAMED STREAM Tributary COEUR D ALENE LAKE Use: STOCKWATER STORAGE 01/01 to 12/31 1.4 AF Use: STOCKWATER FROM STORAGE 01/01 to 12/31 0.3 AF Use: IRRIGATION STORAGE 01/01 to 12/31 24 AF Use: IRRIGATION FROM STORAGE 03/15 to 11/15 24 AF Total Diversion: 25.4 AF Date Filed: 04-19-2024 Place Of Use: IRRIGATION FROM STORAGE,IRRIGATION STORAGE,STOCKWATER FROM STORAGE,STOCKWATER STORAGE T48N R05W S26 NWSE Total Acres: 8 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 6/3/2024. The protestant must also send a copy of the protest to the applicant. MATHEW WEAVER, Director Legal#12457 AD#22852 May 16, 23, 2024 _________________________
NOTICE OF HEARING ON NAME CHANGE (Minor) Case No. CV28-24-3228 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI IN RE: Kaylee Candice Mulhair, A petition to change the name of Kaylee Mulhair, a minor, now residing in the City of Rathdrum, State of Idaho, has been filed in the District Court in Kootenai County, Idaho. The name will change to Kaylee Bruhn. The reason for the change in name is: to have her fathers and siblings she lives with/family name. A hearing on the petition is scheduled for 1:30 o’clock p.m. on July 8, 2024 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: May 13, 2024 Jennifer Locke CLERK OF THE DISTRICT COURT /s/Kathleen Carr Deputy Clerk Legal#12474 AD#22992 May 16, 23, 30, June 6, 2024 _________________________
NOTICE TO CREDITORS (I.C. 15-3-801) CASE NO. CV28-24-2825 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI IN THE MATTER OF THE ESTATE OF HOLLY VANESSA KINCAID, DECEASED. NOTICE IS HEREBY GIVEN that DAVID TESTER has been appointed Personal Representative of the Estate of HOLLY VANESSA KINCAID. All persons having claims against HOLLY VANESSA KINCAID 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, Kootenai County, Idaho. DATED this 13th day of May, 2024. VASSEUR & SCHLOTTHAUER, PLLC /s/ Brent G. Schlotthauer P.O. Box 808 Coeur d Alene, Idaho 83816-0808 Legal# 12476 AD# 23016 May 16, 23, 30, 2024 _________________________
NOTICE OF PUBLIC HEARING OF ANNEXATION OF PROPERTY INTO NORTH KOOTENAI WATER DISTRICT Kootenai County, Idaho HOFER ANNEXATION The Board of Directors (the “Board”) of the North Kootenai Water District (the “District”) will hold a public hearing on the annexation of property into the District. The public hearing will be held as follows: Date: June 6, 2024 Time: 12:30 p.m. Location: 13649 N. Meyer Rd., Rathdrum, ID 83858-4904 The annexation hearing is based upon a petition filed by the following party for the property identified in such petition: Gavin and Amy Hofer (Parcel No. H09200010050 / AIN 260761). A copy of the petition and additional description of the areas covered by the petition can be obtained from the District by sending a request to: North Kootenai Water District 13649 N. Meyer Rd. Rathdrum, ID 83858-4904 All persons interested in appearing at the time and place of the hearing may show cause in writing why any petition for annexation should not be granted. The Board shall consider, at the hearing, any objection presented in writing. The failure of any person to show cause in writing shall be deemed as an assent to include their property within the boundaries of the District. Anyone wishing to provide written comments, who is unable to attend the hearing, may provide them in advance of the hearing by sending them, first-class mail, postage prepaid, to: North Kootenai Water District 13649 N. Meyer Rd. Rathdrum, ID 83858-4904 Failure to have your written comments to the Board in advance of the public hearing means they will not be considered by the Board at the public hearing. DATED this 20th day of May 2024. NORTH KOOTENAI WATER DISTRICT Kootenai County, Idaho Legal#12496 AD#23250 May 23, 30, 2024 _________________________
NOTICE OF APPLICATION 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 City of Coeur d’Alene made application to expand existing commercial facility and install fuel stations within facility on the Spokane River. Located adjacent to Fort Sherman Aband Mil Res, Gov Lt 2, Tax # 16967 & 16968, Coeur d’Alene; Sections 14, Township 50 North, Range 04 West; B.M., in Kootenai County. Written objections to or requests for hearing in this matter must be on file with the Idaho Department of Lands, 3258 W. Industrial Loop, Coeur d’Alene, ID 83815 within thirty (30) days after the first appearance of this notice. Specific information regarding this application may be obtained from Amidy Fuson, Lands Resource Specialist - Navigable Waters, at the above address or by calling (208) 769-1577. /S/ Andrew Smyth, Area Manager of Mica Idaho Department of Lands Legal#12497 AD#23257 May 23, 30, 2024 _________________________
NOTICE TO CREDITORS Case No. CV28-24-2705 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI In the Matter of the Estate of: James R. Westerberg, Deceased. NOTICE IS HEREBY GIVEN that Cindy Shearer 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: Cindy Shearer 3713 N. Alex Coeur d’Alene, ID 83815 And the same must be filed with the Clerk of the Court in the District Court for the First Judicial District, County of Kootenai, State of Idaho. Dated this 19th day of August 2022 /s/Robert J. Green Attorney for the Personal Representative Legal#12499 AD#23264 May 23, 30, June 6, 2024 _________________________