Wednesday, May 05, 2021

Legals for October, 20 2020

| October 20, 2020 12:00 AM

SUMMONS FOR PUBLICATION ON COMPLAINT FOR JUDICIAL FORECLOSURE AND DECLARATORY RELIEF IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR FIRST HORIZON ALTERNATIVE MORTGAGE SECURITIES TRUST 2006-FA2 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-FA2, Plaintiff, v. HEATHER MONTEE; THE UNKNOWN HEIRS, ASSIGNS AND DEVISEES OF SHAWN T. MONTEE; SM DEVELOPMENT, LLC; HLT REAL ESTATE, LLC; WESTERN GEOGRAPHIC INVESTMENTS, LLC; STEVEN G. LAZAR; STEVEN LAZAR REVOCABLE TRUST AGREEMENT DATED 5/28/16; SAGE HOLDINGS, LLC; BKSMM INVESTMENTS, LLC; ROBERT WOLFORD; UNITED STATES OF AMERICA; AND DOES 1 THROUGH 20, et al., Defendants. Case No. CV40-19-0306 TO: DEFENDANTS HEATHER MONTEE; THE UNKNOWN HEIRS, ASSIGNS AND DEVISEES OF SHAWN T. MONTEE; SM DEVELOPMENT, LLC; BKSMM INVESTMENTS, LLC; AND DOES 1 THROUGH 20, inclusive, including all parties with an interest in and/or residing in real property commonly known as 5056 OLD RIVER ROAD, KINGSTON, IDAHO 83839: You have been sued by THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR FIRST HORIZON ALTERNATIVE MORTGAGE SECURITIES TRUST 2006-FA2 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-FA2, the Plaintiff, in the District Court in and for the County of Shoshone, Idaho, Case No. CV40-19-0306. The nature of the claim against you is an action for declaratory relief and judicial foreclosure of the real property currently known as 5056 OLD RIVER ROAD, KINGSTON, IDAHO 83839 and legally described as A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 6, SECTION 5, TOWNSHIP 49 NORTH, RANGE 2 EAST, BOISE MERIDIAN, SHOSHONE COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING FROM THE SOUTHEAST CORNER OF SAID SECTION 5 FROM WHICH THE SOUTH QUARTER CORNER OF SECTION 4 BEARS SOUTH 89°37'34" EAST, 2,651.99 FEET. SAID POINT OF COMMENCEMENT ALSO BEING THE TRUE POINT-OF-BEGINNING FOR THIS DESCRIBED PARCEL OF LAND; THENCE FROM SAID POINT-OF-BEGINNING, NORTH 89°45'00" WEST, 1,089.39 FEET ALONG THE SOUTH LINE OF SAID GOVERNMENT LOT 6 TO A POINT. THENCE ON A LINE PARALLEL WITH THE EAST BOUNDARY LINE OF SAID GOVERNMENT LOT 6, NORTH 00°21'13' EAST, 800 FEET TO A POINT; THENCE ON A LINE PARALLEL WITH THE SOUTH BOUNDARY LINE OF SAID GOVERNMENT LOT 6 SOUTH 89°45'00" EAST, 1,089.00 FEET TO A POINT ON THE EAST BOUNDARY LINE OF SAID GOVERNMENT LOT; THENCE SOUTH 00°21'13" WEST (ALSO SHOWN OF RECORD AS SOUTH 00°821'13" WEST), 785.63 FEET ALONG SAID EAST LINE TO A POINT; THENCE SOUTH 01°11'26" EAST, 14.38 FEET TO THE POINT OF BEGINNING FOR THIS DESCRIBED PARCEL OF LAND; SUBJECT TO: THAT PORTION OF LAND DESCRIBED AS "OLD RIVER ROAD" RIGHT-OF-WAY, DESCRIBED IN BOOK 88 OF DEEDS, AT PAGE 194, SHOSHONE COUNTY RECORDS. 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 St., Ste. 120, Wallace, ID 83873, (208) 752-1264, and serve a copy of your response on the Plaintiff's attorney, Sydney K. Leavitt, at ALDRIDGE PITE, LLP, 13125 W. Persimmon Lane, Ste. 150, Boise, ID 83713. 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 for legal assistance, you should immediately retain an attorney to advise you in this matter. Dated March 24, 2020 CLERK OF THE DISTRICT COURT By:/s/ DeBi Ruggles DEPUTY CASPER J. RANKIN (SBN 9107) SYDNEY K. LEAVITT (SBN 8933) ALDRIDGE PITE, LLP 13125 W PERSIMMON LN, STE 150 BOISE, ID 83713 Telephone: (208) 908-0709 Facsimile: (858) 726-6254 E-mail: Attorneys for Plaintiff SHO LEGAL 3644 AD#412535 OCTOBER 13, 20, 27, NOVEMBER 3, 2020

ORDER FOR SERVICE BY PUBLICATION IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE ADVANCED ACCOUNTS RECOVERY, LLC, An Idaho Limited Liability Coinpany, Plaintiff, vs. SCOTT D. STEVENSON, JR., Defendants. Case No: CV40-20-247 THE COURT HAVING before it Plaintiff's Motion for Service by Publication, and after examining the record, the Motion and Affidavits re Service by Publication with good cause appearing the Court finds the Defendant, SCOTT STEVENSON, is a necessary and proper party. After due diligence, Defendant's current whereabouts are unknown, and IT IS ORDERED that service of the Notice of Petition be made by publication in the Shoshone News Press, a newspaper published and printed by the Shoshone County Press with coverage for Shoshone County, Idaho, the newspaper of general circulation most likely to give notice to Defendant. Publication shall be made at least once a week for four (4) consecutive weeks. Within ten days of this Order, Plaintiff shall also mail a copy of the Notice of Summons to the Defendant at his last known street or post office address, DATED 9/18/2020 /S/ SCOTT WAYMAN CLERK'S CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the September 21, 2020 I caused to be served a true and correct copy of the foregoing by the method indicated below, and addressed to the following: Scott Stevenson 695 Lower Page Rd. Smelterville, Id 83868 (X)US Mail Jed Nixon NIXON LAW OFFICE (X Email: CLERK OF THE DISTRICT COURT Signed. 9/21/2020 By: /S/ GAIL ELLIOTT DEPUTY SHO LEGAL 3643 AD#412288 OCTOBER 13, 20, 27, 2020

CITY OF PINEHURST QUARTERLY FINANCIAL REPORT Period Ending 9/30/2020 FY 2019-2020 YTD YTD YTD % of FUND BUDGET RECEIPTS SALARIES EXPENSES Budget General 335,024 420,886 148,300 158,268 92% Streets 582,939 120,902 41,749 175,976 37% TOTAL 917,963 541,788 190,049 334,244 Citizens are invited to inspect the detailed supporting records of the above financial report at the Pinehurst City Hall. City Hall is accessible to persons with disabilities. Anyone desiring accommodations for disabilities related to this financial report, please contact the City Clerk at 682-3721. Carla Ross City Clerk SHO LEGAL 3646 AD#413510 OCTOBER 20, 2020

SUMMARY ORDINANCE Summary of Ordinance No. 2020-007, passed October 14, 2020 AN ORDINANCE OF THE CITY OF SMELTERVILLE, SHOSHONE COUNTY, IDAHO, AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF A SEWER REVENUE REFUNDING BOND, SERIES 2020, IN THE PRINCIPAL AMOUNT OF $1,040,550.75 EVIDENCING A LOAN TO THE CITY FOR THE PURPOSE OF REFUNDING THE CITY'S OUTSTANDING SEWER REVENUE BOND, SERIES 2008; DESCRIBING THE BOND; PROVIDING FOR THE COLLECTION AND DISPOSITION OF REVENUES; PROVIDING FOR THE APPLICATION OF BOND PROCEEDS AND FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BOND; ESTABLISHING FUNDS AND ACCOUNTS; PROVIDING FOR CERTAIN FEDERAL TAX COVENANTS WITH RESPECT TO THE BOND; PROVIDING FOR THE DELIVERY OF THE BOND; PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE DATE Section 1 (Definitions) defines certain capitalized terms used in the Ordinance. Section 2 (Findings) provides findings and determinations required to refund the City's Sewer Revenue Bond, Series 2008, issued September 12, 2008 (the "USDA Bond"), to the United States Department of Agriculture, Rural Development with proceeds of issuance and sale of the City's Sewer Revenue Refunding Bond, Series 2020 (the "Bond") to bankcda, as lender ("Lender") pursuant to the Ordinance. Section 3 (The Bond; Sale of the Bond) authorizes the Bond to be issued in a single denomination of $1,040,550.75 and issued to the Lender; provides the designation of the Bond, provides that the Bond shall bear interest at three and sixty-five hundredths percent (3.65%) per annum; provides that payments of principal and interest shall be payable annually for eighteen (18) years; and provides for the form of the Bond. Section 4 (Place and Manner of Payment) provides that both principal and interest shall be paid to the Registered Owner at its address by mail or electronic transfer on the annual due date. Section 5 (Reserved) Section 6 (Bond Registrar) provides that the Treasurer of the City shall act as Bond Registrar for the Bond, and describes the system of registration of the Bond. Section 7 (Redemption Prior to Maturity; Defeasance) provides the provisions related to optional redemption and defeasance of the Bond. Section 8 (Charges and Rate Covenant) provides that the City shall maintain and collect sewer rates and charges for the services of the System to its customers, which rates and charges shall continue to be uniform to all persons or properties of the same class; that it will establish, revise as necessary, maintain, and collect charges sufficient, together with other revenues received, after taking into consideration anticipated delinquencies, to provide Net Revenues for each fiscal year equal to not less than 1.25 times the required maximum annual principal and interest requirements on the Bond and any Additional Bonds, or other obligations payable from the Net Revenues, then outstanding. The City further covenants that the Revenue of the System will at all times be sufficient to pay Operation and Maintenance Expenses, to make all payments required to be made on account of the Bond and any Additional Bonds as and when the same shall become due and payable, and all other payments which the City is obligated to make pursuant to this Ordinance, and to pay all governmental charges lawfully imposed on the System and all other amounts which the City may now be or hereafter become obligated to pay from the Revenue of the System. Section 9 (Pledge of Revenues) provides for the pledge of Net Revenues of the System to pay debt service on the Bond. Section 10 (Funds and Accounts - Delivery of Bond Proceeds) creates or confirms the following: Revenue Fund; Bond Fund, and within the Bond Fund, a Debt Service Reserve Account; and Refunding Project Account. Provides for the execution and delivery of the Bond to the Lender in accordance with and subject to the terms, conditions and limitations of the Revenue Bond Act and the Ordinance; provides to the Lender to transfer electronically directly to USDA proceeds of the Bond in the amount sufficient to redeem the USDA Bond, including accrued interest thereon, on the Redemption Date, and to transfer to the City Bond proceeds for deposit into the Refunding Project Account to be used to pay the costs of issuance of the Bond. Provides for the call of the USDA Bond for redemption on the Redemption Date. Section 11 (The Revenue Fund) provides for the priority of use of the funds held in the Revenue Fund. Section 12 (The Bond Fund) provides for Bond Fund to be maintained by the Treasurer into which shall be deposited by the City from the Net Revenues of the System monies to timely pay annual principal and interest of the Bond. Section 13 (The Reserve Fund) provides for the Reserve Fund to be maintained by the Treasurer so long as the Bond remains outstanding, with a balance equal to one times the average annual payment of principal of and interest on the Bond, the aggregate of such deposits not to exceed the lesser of (i) the maximum annual debt service on the Bond; (ii) 125% of average annual debt service on the Bond, calculated as of the date of issuance of the Bond; or (iii) 10% of the proceeds of the Bond, as "proceeds" is defined for purposes of Section 148(d) of the Code. Section 14 (Surplus Fund) provides the purposes for which surplus funds in the Revenue Fund may be used. Section 15 (Additional Bonds or Other Obligations) provides that Additional Bonds may be issued pursuant to the Act constituting a lien upon Net Revenues on parity with or subordinate to the lien of the Ordinance and the Bond, and provides for certain determinations to be made therefor. Section 16 (Investments) provides that surplus funds in funds under the Ordinance may be invested in securities as permitted by law. Section 17 (General Covenants) provides certain general covenants of the City with the Registered Owner of the Bond. Section 18 (Special Covenants) provides certain tax covenants of the City. Section 19 (Amendments) provides for the manner of amending the Ordinance and provides that the City may adopt supplemental ordinances therefor. Section 20 (Validity of Issuance) recites that the Bond is issued pursuant to Sections 50-1027 through 50-1042, Idaho Code, and Sections 57-501 through 57-504, Idaho Code. Section 21 (Events of Default, Application of Funds upon Default and Remedies - Receiver) provides for events of default, application of funds, procedures and remedies in case of default. Section 22 (Reserved) Section 23 (Ordinance a Contract) states that the Ordinance constitutes a contract with the Registered Owner of the Bond. Section 24 (Severability) provides for severability. Section 25 (Repealer) repeals prior inconsistent ordinances, to the extent of any inconsistency. Section 26 (Authorization) authorizes the Mayor, Clerk, and Treasurer to execute the Bond and any additional documents necessary to deliver the Bond; and authorizes the Treasurer to authenticate the Bond on behalf o the City, as Bond Registrar. Section 27 (Publication) provides for the publication of the Ordinance or a summary thereof and the effective date of the Ordinance. Exhibit A: Sets forth the form of the Bond. Exhibit B: Sets forth this summary for publication. The full text of Ordinance No. 2020-07 is available at City Hall and will be provided to any citizen upon personal request during normal office hours. Approved this 14th day of October, 2020. CITY OF SMELTERVILLE, SHOSHONE COUNTY, IDAHO By: /s/ Tom Benson, Mayor ATTEST: /s/ Heidi Klein, City Clerk SHO LEGAL 3647 AD#413512 OCTOBER 20, 2020