Legals November 10, 2018
NOTICE OF TRUSTEE'S SALE NOTICE OF TRUSTEE'S SALE - To be sold for cash at a Trustee's Sale on January 22, 2019, 09:00 AM at the In the Lobby Shoshone County Courthouse, 700 Bank Street, Wallace, ID 83873, the following described real property situated in Shoshone County, State of Idaho ("Real Property"): Situated in the Townsite of Woodland, County of Shoshone and State of Idaho, Lots 6 and 7, Block 4, Woodland Townsite, Shoshone County, State of Idaho, according to the Official and Recorded Plat thereof Commonly known as: 305 2nd Street, Pinehurst, ID 83850 Virginia Drier who acquired title as Virginia Lee Drier also appearing of record as Virginia L Drier, as Trustor conveyed Real Property via a Trust Deed dated November 16, 2007, in favor of U.S. Bank, National Association N.D. as Beneficiary, in which U.S. Bank Trust Company, National Association was named as Trustee. The Trust Deed was recorded in Shoshone County, Idaho, on December 17, 2007, as Instrument No. 442516, of Official Records. Shelly M. Espinosa is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Shoshone, State of Idaho on August 22, 2018 at Instrument No. 495406, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to Trustor failure to make monthly payments beginning March 10, 2017, 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 $24,275.84, interest in the sum of $2,963.40, other amounts due and payable in the amount of $1,895.80, for a total amount owing of $29,135.04, 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 Trustor. 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 Trustor, successor in interest to the Trustor, 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 Trustor 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 5th day of September, 2018. 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. 53385 SHO LEGAL 2889 AD#240927 NOVEMBER 3, 10, 17, 26, 2018
NOTICE OF TRUSTEE'S SALE On Tuesday, January 29, 2019 at the hour of 11:00 A. M. of said day, in the lobby of the Shoshone County Courthouse, located at 700 Bank Street, Wallace, Idaho 83873, KOOTENAI COUNTY TITLE COMPANY, INC., an Idaho corporation as Successor 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 Shoshone, State of Idaho, and described as follows: Being a portion of the Radical Lode, M.S. 2408 located in Section 26, Township 48 North, Range 4 East, B.M., Shoshone County, State of Idaho and being more particularly described as follows: Beginning at Corner No. 1 which is a point on the West line of the Radical Lode, M.S. 2408, from which Corner No. 2 of the Radical Lode bears North 25°33'00" East, a distance of 99.49 feet; thence South 75°52'00" East, a distance of 123.92 feet to Corner No. 2; thence South 31°50'05" West, a distance of 120.20 feet to Corner No. 3; thence North 75°52'00" West, a distance of 110.50 feet to Corner No. 4; thence North 25°33'00" East along the West line of the Radical Lode, a distance of 116.83 feet to Corner No. 1, the place of beginning. Also known as Lots 4, 5 and 6 of McGoverns Addition to Wallace. EXCEPT Shoshone County Road right-of-way known as Nine Mile Road. The Trustee has no knowledge of a more particular description of the above-referenced Property but, for purposes of compliance with Section 60-113 of Idaho Code, the Trustee has been informed that the address sometimes associated with said real property is: 755 Nine Mile Road, Wallace, Idaho 83873 For further information of the location of the property please contact Kootenai County Title Company. Said sale will be made without covenant or warranty regarding title, possession or encumbrance to satisfy the obligations secured by and pursuant to the power of sale conferred it, the Deed of Trust executed by Tim Wayne Mendy and Durie Louise Mendy, husband and wife to Alliance Title & Escrow Corp. as initial Trustee, who resigned as such initial Trustee and the Beneficiary hereinafter mentioned appointed KOOTENAI COUNTY TITLE COMPANY, INC., an Idaho corporation as Successor Trustee, for the benefit and security of Mary-Gail Powers, an unmarried person as initial Beneficiary, recorded February 24, 2005 as Instrument No. 422052, records of Shoshone County, Idaho. THE GRANTOR NAMED HEREIN IS LISTED TO COMPLY WITH SECTION 45-1506(4) (a) OF THE IDAHO CODE. No representation is made whether or not they are currently responsible for the obligation listed herein. AND FURTHER that a Substitution of Trustee was recorded September 21, 2018 as Instrument No. 495741, records of Shoshone County, Idaho, wherein KOOTENAI COUNTY TITLE COMPANY, INC. was appointed as Successor Trustee. The default for which this sale is to be made is failure to make monthly installment payments in the amount of $250.00, which amount was due on April 17, 2012 and due on the 17th day of each consecutive month, through September 17, 2018, together with penalty and interest, AND have failed to pay General Property taxes for the years 2015, 2016 and 2017 in the amounts of $795.92, 720.88 and $299.66 respectively, plus penalty and interest; together with late charges, service charges and any other disbursements, costs, fees or expenses incurred or paid by the Beneficiary and/or Trustee associated with this foreclosure as provided by the Deed of Trust or Deed of Trust Note, or by Idaho law. The Beneficiary has declared the entire principal and accrued interest due and payable in full. The balance owing as of August 31, 2018 on the obligation secured by said Deed of Trust is $34259.27, plus accrued interest in the amount of $15,236.13, plus interest accruing at the rate of 7.00% per annum from September 1, 2018 until paid, together with late charges, service charges and any other disbursements, costs, fees or expenses incurred or paid by the Beneficiary and/or Trustee associated with this foreclosure as provided by the Deed of Trust or Deed of Trust Note, or by Idaho law. DATED this 21st day of September, 2018. KOOTENAI COUNTY TITLE COMPANY, INC., Successor Trustee By: Denise K. Potts, Secretary SHO LEGAL 2871 AD# 236829 OCTOBER 20, 27, NOVEMBER 3, 10, 2018
SUMMONS IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE DAVID SMITH, Plaintiff, vs. JAY VANKUIKEN and any unknown owners as they exist; their spouses, heirs, and devisees, if any, and any and all unknown owners claimants, parties in possession or claiming any right, title, interest, or equity in or to the following described property or any unrecorded easements, alloys, roads, or right of way thereon or subservient thereto: Lots 15 and 16, Block 1, Taylor's Addition to City of Wallace, Shoshone County, State of Idaho according to the official and recorded plat thereof. Defendants. CASE NO.CV40-18-0581 NOTICE: You have been sued by the above-named Plaintiff. The nature of the claim against you is Quiet Title Action. The Court may enter Judgment against you without further notice unless you respond within twenty (20) days. Read the information below: YOU ARE HEREBY NOTIFIED that in order to defend this lawsuit, an appropriate written answer must be filed with the above-designated Court within twenty (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. 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 IdahoRules 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: 10/19/2018 PEGGY WHITE, Clerk of the District Court By: /s/ Gail Elliott Deputy Clerk SHO LEGAL 2876 AD# 238684 OCTOBER 27, NOVEMBER 3, 10, 17, 2018
NOTICE TO CREDITORS IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE IN THE MATTER OF THE ESTATE OF CHARLES F. PADULA, Deceased. CASE NO. CV40-2018-0578 NOTICE IS HEREBY GIVEN that the undersigned 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 the Court. DATED this/6 day of October, 2018. /S/JUDITH K. BINKLEY c/o Michael F. Peacock 123 McKinley Avenue Kellogg, ID 83837 SHO LEGAL 2893 AD# 242760 NOVEMBER 10, 17, 24, 2018
NOTICE TO CREDITORS IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE IN THE MATTER OF THE ESTATE OF PHILLIP G. MARSH, Deceased. CASE NO. CV40-18- 0540 NOTICE IS HEREBY GIVEN that the undersigned 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 the Court. October Dated this 31 day of September, 2018 /s/ DANIEL MARSH c/o Michael F. Peacock Attorney at Law 123 McKinley Ave. Kellogg, ID 83837 SHO LEGAL 2894 AD# 242777 NOVEMBER 10, 17, 24, 2018
NOTICE TO CREDITORS IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE IN THE MATTER OF THE ESTATE OF WILBUR H. SMITH, Deceased. CASE NO. CV40-18- 0597 NOTICE TO CREDITORS NOTICE IS HEREBY GIVEN that the undersigned 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 the Court. DATED this 5th November, 2018. /S/ SANDRA NEARING c/o Michael F. Peacock 123 McKinley Avenue Kellogg, ID 83837 SHO LEGAL 2895 AD# 243521 NOVEMBER 10, 17, 24, 2018
NOTICE TO CREDITORS IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE In the Matter of the Estate of ROSE A. LODAHL, aka ROSE ALICE LODAHL, Deceased. Case No. CV 2017-277 (I.C. § 15-3-801) NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named Decedents. All persons having claims against the Decedentsor either of the Estates 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 the Court. DATED this 25th day of October, 2018. Richard A. Welsh c/o M. Gregory Embrey WITHERSPOON KELLEY 608 Northwest Boulevard, Suite 300 Coeur d'Alene, Idaho 83814 (208) 667-4000 SHO LEGAL 2887 AD# 240740 NOVEMBER 3, 10, 17, 2018