Legals October 2, 2019
PUBLIC NOTICE To: The Unknown Heirs and Devisees of Franklin M. Cook You have been sued by Ditech Financial LLC, the Plaintiff, in the District Court in and for Shoshone County, Idaho, Case No. CV40-19-0446. The nature of the claim against you is an action brought to judicially foreclose on the property located at 809 Bear Creek Road, Kingston, ID 83839-9711 that you may have an interest in. Any time after 21 days following the last publication of this summons, the court may enter a judgment against you without further notice, unless prior to that time you have filed a written response in the proper form, including the Case No., and paid any required filing fee to the Clerk of the Court at 700 Bank Street, Suite 120, Wallace, ID 83873 (208) 752-1264 and served a copy of your response on the Plaintiff's attorney at Shelly M. Espinosa of Halliday, Watkins & Mann, P.C., 376 East 400 South, Suite 300, Salt Lake City, Utah 84111, (801) 355-2886. 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 legal assistance, you should immediately retain an attorney to advise you in this matter. Dated: 09/12/2019 Shoshone County District Court /s/ Tara Jones Clerk of the Court SHO LEGAL 3181 AD# 327229 SEPTEMBER 18, 25, OCTOBER 2, 9, 2019
STATE TIMBER SALE CR225070, CAPITOL OSR A public oral auction will be conducted at the Idaho Department of Lands office, 80 Hilltop Overpass Road, Kingston, ID 83839, at 10:00 a.m. local time, on Thursday, November 21, 2019 for an estimated 3,470 MBF of timber marked or otherwise designated for cutting. In addition, there is an unestimated volume of forest products that may be removed at the option of the purchaser. Prior to bidding, eligible bidders shall present a certified check or bank draft payable to Treasurer, State of Idaho, or a bid bond acceptable to the State, in the amount of $55,746.65 which is 10% of the appraised net sale value of $557,466.50. The successful bidder's deposit will be forfeited to the State should the bidder fail to complete the contract. The State will not accept bids from parties who are delinquent on payments on existing state contracts. The average starting minimum bid price is $198.89 per MBF. The sale is located within Sections 34 and 35, Township 50N, Range 02E and Sections 2, 3, 10 and 11, Township 49N, Range 02E, B.M., Shoshone County, State of Idaho. Sale duration is 3 years. The sale may include blowdown and/or insect and disease infected timber which may result in additional volume and recovery reductions. Interested purchasers should carefully examine the sale and make their own estimates as to volume recovery, surface conditions, and proposed construction prior to bidding on the sale. Additional information concerning the timber and conditions of sale is available to the public and interested bidders on the department's timber sale website at http://web.idl.idaho.gov/timbersale/Search.aspx or from the Idaho Department of Lands office, Kingston, Idaho. Please note purchaser insurance requirements posted on the timber sale website. The Department of Lands, as authorized by the State Board of Land Commissioners reserves the right to reject any and all bids provided that good and sufficient grounds for rejecting the bid shall be stated in the rejection notice and shall not be in violation of applicable law. If you are disabled and need some form of accommodation, please call (208) 682-4611 five days prior to the date of sale. For text telephone services, please call 1-800-377-3529. SHO# 3196 AD# 331034 OCTOBER 2, 9, 16, 23, 2019
PUBLIC NOTICE The following application(s) have been filed to appropriate the public waters of the State of Idaho: 94-9635 NINE MILE CEMETERY ASSN INC PO BOX 469 WALLACE, ID 83873-0469 Point of Diversion SWSW S23 T48N R04E SHOSHONE County Source UNNAMED STREAM Tributary NINEMILE CREEK Use: IRRIGATION 04/01 to 10/31 0.2 CFS Total Diversion: 0.2 CFS Date Filed: 8/15/2019 Place Of Use: IRRIGATION T48N R04E S23 NESW SESW T48N R04E S26 NENW Total acres: 20 Permits will be subject to all prior water rights. For additional information concerning the property location, contact Northern Region office at (208) 762-2800. 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 10/21/2019. The protestant must also send a copy of the protest to the applicant. GARY SPACKMAN, Director SHO LEGAL 3194 AD# 330511 OCTOBER 2, 9, 2019
SUMMONS IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE Glen Christmann, Sr. and Carol Christmann, Husband and Wife, Plaintiffs, VS. Forrest W. McCoy Jr., Patricia A. McCoy and Forrest W. McCoy, III, and those claiming thereunder including, but not limited to, consensual and non-consensual lien or judgment holders 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: Lot 21, Block 1, City of Smelterville, Shoshone County, State of Idaho according to the official and recorded plat thereof. Defendant(s) CASE NO. CV40-19-0412 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 y notice unless you respond within twenty (20) days. Read the information below: TO: Forrest W. McCoy Jr., Patricia A. McCoy and Forrest W. McCoy, III 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 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. DATE: 8/13/2019 Clerk of the District Court By: /s/ Debi Ruggles Clerk SHO LEGAL 3175 AD# 324805 SEPTEMBER 11, 18, 25, OCTOBER 2, 2019
SUMMONS IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE Jessica Vermillion, Plaintiff, vs. Lewis P. Gaby and Irene C. Gaby, husband and wife, Richard Leroy Swigart and Dorothy J. Swigart, husband and wife, 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: Real property in the County of Shoshone, State of Idaho, described as follows: Portions of Lots 5, 6, 7 and 8, Block 14, Kellogg Townsite, Shoshone County, State of Idaho according to the official and recorded plat thereof and more particularly described as follows: Beginning at Corner No. 1, an iron pin from whence a 1/2" iron pipe identified as a point 2.57 feet due South of the Northwest Corner of Lot 10, Block 14 bears due North 72.90 feet distant; thence South 55°18'40" East, 19.87 feet to a point; thence North 34°00' East, 27.85 feet to a point; thence South 55°36'10" East, 49.99 feet to a point on Kellogg Avenue sidewalk; thence South 34°52'40" West, along the inside edge of the Kellogg Avenue sidewalk, 49.56 feet distant to a 3/4" iron pipe; thence North 56°06' West, 54.00 feet to a point on the inside edge of Division Street sidewalk, a iron pin; thence Due North 27.00 feet distant to Corner No. 1, the place of beginning. Defendant. CV40-19-0410 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: TO: Lewis P. Gaby and Irene C. Gaby, husband and wife, Richard Leroy Swigart and Dorothy J. Swigart, husband and wife, and any unknown owners as they exist; their spouses, heirs, and devisees 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 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 13th day of August, 2019. Clerk of the District Court By: /s/ Debi Ruggles Deputy Clerk SHO LEGAL 3176 AD# 324819 SEPTEMBER 11, 18, 25, OCTOBER 2, 2019
PUBLIC NOTICE OF INTENT TO PROPOSE OR PROMULGATE NEW OR CHANGED AGENCY RULES The following agencies of the state of Idaho have published the complete text and all related, pertinent informationconcerning their intent to change or make the following rules in the latest publication of the state Administrative Bulletin. The proposed rule public hearing request deadline is October 16, 2019, unless otherwise posted. The proposed rule written comment submission deadline is October 23, 2019, unless otherwise posted. (Temp & Prop) indicates the rulemaking is both Temporary and Proposed. (*PH) indicates that a public hearing has been scheduled. IDAPA 07 - DIVISION OF BUILDING SAFETY PO Box 83720, Meridian, ID 83642 07-0301-1901, Rules of of Building Safety. Incorporates by reference the 2018 editions of the International Building Code, International Residential Code, International Existing Building Code ,and the International Energy Conservation Code. 07-0801-1901, Idaho Minimum Standards and Practices for Logging. Allows ISP and ITD to enforce these rules on public highways; updates rule by eliminating outdated terminology ,equipment and practices requirements and adding updated work-related safety procedures and safety equipment requirements. IDAPA 08 - IDAHO STATE BOARD OF EDUCATION PO Box 83720, Boise, ID 83720-0037 08-0113-1901, Rules Governing the Opportunity Program. (Temp & Prop) Amends student eligibility and application requirements to allow up to 20% of the scholarship awards to be used for individuals who have 24 or more postsecondary credits; defines "adult learner" and "graduation plan." (eff. 8/29/19)T 08-0201-1902, Rules Governing Administration. Removes language identifying the grade range performance metrics to conform to stautue; removes obsolete provisions. 08.02.02 - Rules Governing Uniformity. 08-0202-1901, Per statute details the critical components required in any suicide awareness and prevention training offered to public school personnel. 08-0202-1903, Removes outdated terminology and duplicative definitions to terminology found in statute. 08.02.03 - Rules Governing Thoroughness 08-0203-1901, Incorporates by reference the career technical education program content standards. 08-0203-1902, Per stautory requirement adds chronic absenteeism to the state longitudinal data system. 08-0204-1901, Rules Governing Public Charter Schools. Adds language to the charter renewal and performance certificate review process to clarify what happens when an authorizing chartering entity chooses not to review their performance certificate and takes no action to renew or nonrenew a charter. IDAPA 12 - IDAHO DEPARTMENT OF FINANCE PO Box 83720, Boise , ID 83720-0031 12-0108-1901, Rules Pursuant to the Uniform Securities Act (2004). Updates references to federal law. 12-0109-1901, Rules Pursuant to the Idaho Credit Code. Updates references to federal law and regulations applicable to persons originating and servicing consumer credit transactions. 12-0110-1901, Rules Pursuant to the Idaho Residential Mortgage Practices Act. Updates references to federal law and regulations applicable to the business of mortgage origination and eliminates duplicative rules relative to disclosure requirements. 12-0111-1901, Rules Pursuant to the Idaho Collection Agency Act. updates references to federal law applicable to the business debt collections. IDAPA 13 - DEPARTMENT OF FISH AND GAME PO Box 25, Boise, ID 83707 13-0117-1901, Rules Governing the Use of Bait and Trapping for Taking Big Game Animals. Removes general requirement that diverters be used on ground set snares for gray wolf trapping, but allows Commission to require diverters in specific areas based on levels of non-target catch of animals; change requires use of both a breakaway device and a cable stop on ground set snares for gray wolf trapping. IDAPA 16 - DEPARTMENT OF HEALTH AND WELFARE PO Box 83720, Boise, ID 83720-0036 16-0201-1901, Rules of the Idaho Time Sensitive Emergency System Council. Incorporates by reference the 2020-1 edtion of the "Time Sensitive Emergency Standards Manual." 16-0202-1901, Rules of the Idaho Emergency Medical Services (EMS) Physician Commission. Incorporates by reference the 2020-1 edtion of the "Idaho Emergency Medical Services (EMS) Physician Commisison Standards Manual." 16-0214-1901, Rules Governing Construction and Operation of Public Swimming Pools in Idaho. Increases public swimming pool permit fees to offset cost to the Public Health Districts that run the inspection programs. 16-0301-1901, Eligibility for Health Care Assistance for Families and Children. (Temp & Prop) Provides Medicaid inpatient care services to inmates of a public institution; establishes rules for the adult population that may receive Medicaid for people 19 - 64 years of age and includes the pregnancy Medicaid program. (eff. 1/1/20)T *16-0310-1704, Medicaid Enhanced Plan Benefits. (*PH) Revises the reimbursement rate setting methodology for Developmental Disability Agencies (serving adults and children); Residential Habilitation Agencies; Supported Employment Agencies; and Targeted Service Coordinators. *16-0318-1901, Medicaid Cost-Sharing. (*PH) Aligns the Personal Needs Allowance (PNA) for all HCBS participants regardless of marital status; clarifies that Native Americans and Medicaid Workers with Disabilities are exempt from this share of cost requirement. 16-0504-1901, Rules of the Idaho Council on Domestic Violence and Victim Assistance Grant Funding. Removes obsolete language and updates language to reflect current best practices. 16-0612-1901, Rules Governing the Idaho Child Care Program (ICCP). Removes obsolete language and updates rules to align to federal regulations regarding health and safety training for providers. IDAPA 18 - IDAHO DEPARTMENT OF INSURANCE PO Box 83720, Boise, ID 83720-0043 18-0408-1901, Individual Disability and Group Supplemental Disability Insurance Minimum Standards Rule. Provides standards for various individual disability and group supplemental disability policies; clarifies pre-existing condition language; removes medical expense coverage types; clarifies which standards apply to which type of coverage. 18-0416-1901, Rules Governing Short-Term Health Insurance Coverage. New chapter implements HB 275 regarding short-term ,limited-duration insurance by defining requirements for enhanced short-term plans and nonrenewable short-term coverage ,including minimum standards for benefits ,rating rules ,enrollment ,renewability and required disclosure provisions. 18-0606-1901, Rules for the Surplus Line Regulation. Provides updated procedures for the placement of surplus lines insurance in Idaho. IDAPA 23 - IDAHO BOARD OF NURSING PO Box 83720, Boise, ID 83720-0061 23-0101-1901, Rules of the Idaho Board of Nursing. Removes provisions related to "Medication Assistant - Certified" personnel. IDAPA 26 - IDAHO DEPARTMENT OF PARKS AND RECREATION PO Box 83720, Boise, ID 83720-0065 *26-0120-1901, Rules Governing the Administration of Park and Recreation Areas and Facilities. (*PH) Updates definitions and standards; increases fee caps on facilities; creates new fees for pets and cleaning; consolidates rules governing the winter recreational parking permit program into this chapter. *26-0136-1901, Rules Governing the Winter Recreational Parking Permit Program. (*PH) Chapter repeal. IDAPA 35 - IDAHO STATE TAX COMMISSION PO Box 36, Boise, ID 83722-0410 35.01.03 - Property Tax Administrative Rules 35-0103-1902, Itemizes the property categories assigned to agricultural land primary categories for equalization purposes; provides for standards for agricultural assessments and the processes to study compliance with statutory requirements to achieve market value for assessment purposes. 35-0103-1904, Codifies current practice regarding allocation of occupancy tax and part year property tax payments to urban renewal agencies and to eliminate guidance that is administratively infeasible. 35-0103-1905, Changes method of assessment for agricultural land to ensure fair and equitable assessments for farmers. 35-0201-1901, Tax Commission Admininstration and Enforcement Rules. Adds the interest rate for 2020 and federal rate Revenue Ruling. IDAPA 39 - IDAHO TRANSPORTATION DEPARTMENT PO Box 7129, Boise, ID 83707-1129 39-0203-1901, Rules Governing Vehicle Dealer's Principal Place of Business. (Temp & Prop) Clarifies the appropriate procedures for the Idaho Consumer Asset Recovery (ICAR) Board and Department staff to follow when determining the outcome of claims brought forth for payout from the ICAR fund; defines "actual loss," used in determining payout amounts that are referenced in Idaho Code; describes appeal procedures and judicial review. (eff. 8/22/19) 39-0222-1901, Rules Governing Registration and Permit Fee Administration. Clarifies and updates installment payment arrangements for commercial vehicle customers registering in Idaho; provides online methods for obtaining commercial vehicle registrations from the Department; removes obsolete language. 39-0242-1901, Temporary Vehicle Registration When Proof of Ownership Is Insufficient. Removes a requirement to sign an affidavit in the presence of the county assessor/deputy assessor to allow a second type of title (conditional title) to be issued when an applicant cannot meet standard titling requirements; removes obsolete language. 39-0275-1901, Rules Governing Names on Drivers' Licenses and Identification Cards. Simplifies name structure in cases of marriage and divorce; removes a requirement for the specfic order of a hyphenated last name when issuing driver licenses and identification cards. 39-0276-1901, Rules Governing Driver's License Renewal-By-Mail and Electronic Renewal Process. Allows applicants to apply for a renewal or replacement driver license or identification card electronically. 39-0301-1901, Rules Governing Definitions Regarding Special Permits. Defines "disabled vehicle,"snowplow," and how overhang is measured. 39-0305-1901, Rules Governing Special Permits - Oversize Non-Reducible. Clarifies load allowances for standard 53 foot trailers and longer trailers for oversize non-reducible loads for drivers and carriers. 39-0306-1902, Rules Governing Special Permits for Extra-Length/Excess Weight ,Up to 129,000 Pound Vehicle Combinations. Eliminates specifically referenced colors on Department maps; decreases the number of attachments for permit holders and removes the requirement for rule to be updated each time a route color is changed; clarifiies the 129 ,000 pound route request process. IDAPA 40 - IDAHO COMMISSION ON THE ARTS PO Box 83720 , Boise, ID 83720-0008 40-0101-1901, Rules of the Idaho Commission on the Arts. Simplifies rules; defines grantmaking functions but moves the details of the grant program from rule to policy to better meet constitutent needs and improve response and processing time. IDAPA 46 - BOARD OF VETERINARY MEDICINE PO Box 7249 , Boise, ID 83707 46-0101-1902, Rules of the State of Idaho Board of Veterinary Medicine. Increases fees for active and inactive licenses and renewals. IDAPA 55 - CAREER TECHNICAL EDUCATION/ STATE BOARD OF EDUCATION PO Box 83720, Boise ,ID 83720-0037 55-0103-1901, Rules of Career Technical Schools. Uses an enrollment-based funding structure based on capstone enrollment ,number of technical skill assessments taken ,and total credit hours enrolled in intermediate, capstone ,and work-based learning courses; defines work-based learning and clarifies other required components of a career technical school. IDAPA 57 - SEXUAL OFFENDER MANAGEMENT BOARD PO Box 83720, Boise, ID 83720-0037 *57-0101-1901, Rules of the Sexual Offender Management Board. (*PH) Amends standards and procedures for certification of providers conducting psychosexual evaluations, sex offender treatment ,and post-conviction sex offender polygraph examinations on adults and juveniles; IDAPA 60 - IDAHO STATE SOIL AND WATER CONSERVATION COMMISSION PO Box 83720, Boise, ID 83720-0083 *60-0501-1901, Rules for Administration of the Idaho Resource Conservation and Rangeland Development Program. (*PH) Expedites the loan process by allowing applicants to begin construction before liens are filed; allows higher maximum loan limit for applicants. NOTICE OF ADOPTION OF TEMPORARY RULE ONLY IDAPA 47 - STATE BOARD OF EDUCATION/DIVISION OF VOCATIONAL REHABILITATION 47-0101-1901, Rules Governing Vocational Rehabilitation Services. New chapter (eff. 8/29/19)T NOTICE OF PROCLAMATION OF RULEMAKING IDAPA 06 - STATE BOARD OF CORRECTION 06-0202-1901, Rules Governing Release Readiness IDAPA 13 - IDAHO FISH AND GAME COMMISSION 13-0109-1801AP and 13-0109-1903P - Rules Governing the Taking of Game Birds in the State of Idaho 13-0111-1901AP and 13-0111-1904P - Rules Governing Fish NOTICES OF NEGOTIATED RULEMAKING MEETINGS (Please see the Administrative Bulletin for dates and times of meeting(s) and other paticipant information) IDAPA 20 - IDAHO DEPARTMENT OF LANDS 20-3002-1901, Rules Governing Mined Land Reclamation (2nd Negotiated Meeting Notice) Chapter formerly titled: [Rules Governing Exploration ,Surface Mining, and Closure of Cyanidation Facilities] NOTICES OF PUBLIC HEARING (Please see the Administrative Bulletin for dates and times of hearing(s) and other paticipant information) IDAPA 50 - COMMISSION ON PARDONS AND PAROLE 50-0101-1900 - Rules of the Commission of Pardons and Parole (Public Hearing on Omnibus rulemaking for reauthorization of rule) Please refer to the Idaho Administrative Bulletin October 2 ,2019 ,Volume 19-10, for the notices and text of all rulemakings ,proclamations, negotiated rulemaking and public hearing information and schedules, exectutive orders of the Governor, and contact information. Issues of the Idaho Administrative Bulletin can be viewed at www.adminrules.idaho.gov/ Office of the Administrative Rules Coordinator ,Division of Financial Mangement, PO Box 83720 ,Boise, ID 83720-0032 Phone: 208-334-3900; Email: adminrules@dfm.idaho.go SHO LEGAL 3190 AD# 330054 OCTOBER 2 ,2019
SUMMONS To: TERESA TOKAR, and JOHN DOE and JANE DOE 1-10, being any and all persons or parties, together with their spouse, heirs, devisees and successors, in possession or claiming any right, title or interest in and to the real property described as follows: All that portion of Lots 24 and 25, Block 21, Wardner, Shoshone County, State of Idaho, described as follows: All of Lot 25, Block 21, and that portion of Lot 24, Block 21, situated between Milo Creek and Main Street and between Lot 25 and a line running parallel with the Southerly side of said Lot 24 thru a point 50 feet Northerly from the Southeast corner of said Lot 24, measured along the Easterly end of said Lot 24; EXCEPT a piece and parcel of land in the City of Wardner, County of Shoshone, State of Idaho, being a part of Lot 25 in Block 21, in the said City of Wardner, County of Shoshone, State of Idaho, and more particularly described as follows: Beginning at the Southeast corner of said Lot 25 (being the same as the Southwest corner of Lot 26); thence Along the Westerly boundary line of Lot 26 North 53°23' West, a distance of 110.37 feet to the Northwesterly corner of said Lot 26 (being the same as the Northeasterly corner of said Lot 25); thence Southwesterly along the most Northerly boundary line of said Lot 25, a distance of 12 feet; thence in a Southeasterly direction a distance of 110.37 feet more or less, to the place of beginning. YOU HAVE BEEN SUED by Leonard E. Shay and Paula R. Shay, the plaintiffs in the District Court of the First Judicial District in and for Shoshone County, Idaho, Case No. CV40-19-0465. The nature of the claim made in the case is to quiet title to the above-described real property. Any time after 21 days following the last publication of this Summons, the court may enter a judgment against you without further notice, unless prior to that time you have filed a written response in the proper form, including the Case Number, and paid any required filing fee to the Clerk of the Court at 700 Bank Street, #320, Wallace, Idaho 83873, telephone (208) 752-1266; and served a copy of your response on the Plaintiffs' attorney: Scott L. Poorman, 320 E. Neider Ave., Suite 204, Coeur d'Alene, ID 83815, Phone: (208) 772-6800. A copy of the Summons and Complaint can be obtained by contacting either the Clerk of the Court or the attorney for the plaintiff. If you wish legal assistance, you should immediately retain an attorney to advise you in this matter. Dated August 30, 2019, Tamie Eberhard, Clerk of the District Court. By: Gail Elliott, Deputy Clerk SHO LEGAL 3180 AD# 326615 SEPTEMBER 18, 25, OCTOBER 2, 9, 2019
NOTICE OF TRUSTEE'S SALE NOTICE: YOU ARE HEREBY NOTIFIED THAT THE AMOUNT OF YOUR INDEBTEDNESS TO THE BENEFICIARY, THEIR SUCCESSORS IN INTEREST AND/OR ASSIGNEES AS RECITED BELOW, AS OF THE DATE OF THIS NOTICE/LETTER, IS . INTEREST (PRESENTLY AT THE RATE OF % PER ANNUM), FEES AND COSTS WILL CONTINUE TO ACCRUE AFTER THE DATE OF THIS NOTICE/LETTER. UNLESS YOU DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION THEREOF WITHIN 30 DAYS AFTER RECEIVING NOTICE OF THIS DOCUMENT, THIS OFFICE WILL ASSUME THE DEBT TO BE VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN THE 30-DAY PERIOD THAT THE DEBT OR ANY PORTION THEREOF IS DISPUTED, VERIFICATION OF THE DEBT WILL BE OBTAINED AND MAILED TO YOU. UPON WRITTEN REQUEST WITHIN 30 DAYS, THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR, WILL BE PROVIDED. NOTICE: WE ARE A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR PURPOSES OF DEBT COLLECTION. On December 20, 2019 at the hour of at 11:00 AM of said day, (recognized local time) on the Front Steps of the Shoshone County Courthouse, 700 Bank St, Wallace, ID 83873 located in Shoshone County, State of Idaho. William L. Bishop, Jr., as successor trustee, will sell at public auction to the highest bidder, payable, for certified funds, or the equivalent, which is lawful money of the United States of America, all payable at the time of sale in compliance with Section 45-1506(9) Idaho Code, the following described real property, situated in Shoshone County, State of Idaho, and described as follows, to-wit; BEING A PORTION OF LOTS 8 AND 9, BLOCK 28, OSBURN, SHOSHONE COUNTY, STATE OF IDAHO AND 1/2 OF THE ABANDONED ALLEY ADJOINING SAID PORTION OF SAID LOTS 8 AND 9 AS DESCRIBED BELOW: USING AN ASTRONOMIC MERIDIAN AND BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 9; THENCE SOUTH 60 degrees 02' EAST, 63.00 FEET TO A POINT; THENCE SOUTH 08 degrees 41' WEST, 6.00 FEET TO A POINT; THENCE SOUTH 29 degrees 58' WEST, 23.00 FEET TO A POINT; THENCE SOUTH 63 degrees 59' WEST, 9.30 FEET TO A POINT; THENCE SOUTH 29 degrees 58' WEST, 13.70 FEET TO A POINT; THENCE NORTH 60 degrees 02' WEST, 59.98 FEET TO A POINT; THENCE NORTH 29 degrees 58' EAST, 50.00 FEET TO A POINT, THE PLACE OF BEGINNING. ALSO, BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 8; THENCE SOUTH 60 degrees 02' EAST, 59.98 FEET TO A POINT; THENCE SOUTH 29 degrees 58' WEST, 20.00 FEET TO A POINT; THENCE NORTH 60 degrees 02' WEST, 59.98 FEET TO A POINT; THENCE NORTH 29 degrees 58' EAST, 20.00 FEET TO A POINT, THE PLACE OF BEGINNING. ALSO 1/2 OF THE ABANDONED ALLEY WHICH ADJOINS THE ABOVE DESCRIBED PORTIONS OF SAID LOTS 8 AND 9. 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 according to the County Assessor's office, the address of 515 CHESTNUT, OSBURN, ID 83849, is sometimes associated with said real property. Said 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 GENE PRINK, UNMARRIED MAN, as grantors to, Chicago Title Insurance Company, as trustee, for the benefit and security of Bank of America N.A., recorded December 19, 2007, as Instrument No. 442583 Mortgage Records of Shoshone County, Idaho. Said Deed of Trust was assigned to Alantica, LLC on November 30, 2017 under Recorder's/Auditor's File Number 491564. 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 THE OBLIGATION. The default(s) for which this sale is to be made is the failure to pay when due, under the Deed of Trust note, the following: The monthly payments for Principal and Interest Due from 04/05/2012 through 09/05/2019 and all subsequent payments until the date of sale or reinstatement These payments include interest at the current rate of 7.370%. Delinquent Payments: $34,264.92 Escrow Advances: $9,382.05 Corporate Advances: $11,384.17 Total Due: $55,031.14 The current beneficiary has declared that the Grantor is in breach of the terms and conditions of the obligation secured by the deed of trust. The nature of the breach is Grantor's failure to pay when due the monthly payments of principal, interest applicable escrow account payments from , together with all subsequent payments, costs, advances, attorney's and trustee's fees and costs accruing until the date of sale, full satisfaction, or reinstatement of obligation. The sum owing on the obligation secured by the said trust deed consists of the principal balance of $32,957.63, together with any advances plus foreclosure fees and costs. All delinquent amounts are now due, together with accruing late charges and interest, unpaid and accruing taxes, assessments, trustee's fees, attorney's fees, and any amounts advanced to protect the security associated with this foreclosure. DATED: August 14, 2019 TRUSTEE By: /s/ William L. Bishop Attorney-At-Law 2001 Western Avenue, Suite 400 Seattle, WA 98121 (206)269-3490 SHO LEGAL 3163 AD# 320655 OCTOBER 2, 9, 16, 23, 2019