Legals for January, 5 2021

| January 5, 2021 12:00 AM

JAMES M. MCMILLAN (Resignation in Lieu of Disciplinary Proceedings) On December 24, 2020, the Idaho Supreme Court entered an Order accepting the Resignation in Lieu of Disciplinary Proceedings of Wallace attorney James M. McMillan. The Idaho Supreme Court's Order followed a stipulated resolution of a disciplinary proceeding that related to the following conduct. Initially, as discussed below, after Mr. McMillan failed to respond to Bar Counsel during the disciplinary investigations, the Idaho Supreme Court entered an August 24, 2020 Order interim suspending Mr. McMillan's license to practice law. On September 14, 2020, the Idaho State Bar filed a motion for an order finding Mr. McMillan in contempt for violating the Court's interim suspension Order, alleging that he was practicing law while suspended. Following an October 14, 2020 hearing, the Idaho Supreme Court issued Findings of Fact and Conclusions of Law and entered a Judgment finding Mr. McMillan in contempt of its Order. The Judgment required Mr. McMillan to pay a $5,000 fine, sentenced him to two days in jail on each of five separate contempt violations, suspended the sentence, and placed Mr. McMillan on a 30-day probation. The contempt case was ultimately resolved as part of Mr. McMillan's stipulation to resign in lieu of disciplinary proceedings. The Idaho Supreme Court found that Mr. McMillan violated the Idaho Rules of Professional Conduct ("I.R.P.C.") related to 14 different client cases. In the first case, Mr. McMillan failed to engage in discovery, exchange exhibit and witness lists, and file a trial brief on behalf of his client as required by the district court's pretrial order. The district court dismissed the client's case as a sanction for that conduct. Mr. McMillan appealed that dismissal, but failed to file the Appellant's Brief, resulting in the dismissal of the appeal. Mr. McMillan never informed his client that the appeal was dismissed. The Idaho Supreme Court found that with respect to that case, Mr. McMillan violated I.R.P.C. 1.2(a), 1.3, 1.4, 3.2, 3.4(c), and 8.4(d). In the second case, Mr. McMillan filed his client's appeal of the district court's disallowance of a water right claim, but failed to file the Appellant's Brief, resulting in the dismissal of the appeal. Despite that dismissal, Mr. McMillan continued to inform his client that the appeal was still pending. The Idaho Supreme Court found that with respect to that case, Mr. McMillan violated I.R.P.C. 1.2(a), 1.3, 1.4, 3.2, 3.4(c), 8.4(c), and 8.4(d). In the third case, Mr. McMillan filed his client's appeal of the district court's adverse decision in a breach of contract case, but failed to file the Appellant's Brief despite five extensions, resulting in the dismissal of the appeal. Mr. McMillan never informed his client that her appeal was dismissed. The Idaho Supreme Court found that with respect to that case, Mr. McMillan violated I.R.P.C. 1.2(a), 1.3, 1.4, 3.2, 3.4(c), and 8.4(d). In the fourth case, Mr. McMillan failed to respond to his client's inquiries regarding the status of a potential lawsuit against a county and failed to respond to Bar Counsel's inquiry regarding that client's grievance. The Idaho Supreme Court found that with respect to that case, Mr. McMillan violated I.R.P.C. 1.2(a), 1.3, 1.4, 8.1(b), and Idaho Bar Commission Rule ("I.B.C.R.") 505(e). In the fifth case, Mr. McMillan failed to file a probate petition for a client, yet continued to inform his client that the petition had been filed and that he was awaiting court action in the probate case. After the Idaho Supreme Court suspended Mr. McMillan's license on August 24, 2020, he failed to inform his client about that suspension and continued to provide legal advice to the client. Upon termination of the representation, he failed to refund unearned fees and did not promptly return the client's file documents. The Idaho Supreme Court found that with respect to that case, Mr. McMillan violated I.R.P.C. 1.2(a), 1.3, 1.4, 1.16(d), 8.4(c), 5.5(a), and I.B.C.R. 516(a) and 517. In the sixth case, Mr. McMillan failed to timely submit a complete witness list, exhibit list, and pretrial brief in his client's divorce case and failed to file a proposed Decree as ordered by the magistrate court. He failed to inform his client that he was suspended and that the Decree was never filed. Upon termination of the representation, he failed to return the client's complete file. The Idaho Supreme Court found that with respect to that case, Mr. McMillan violated I.R.P.C. 1.2(a), 1.3, 1.4, 1.16(d), 3.2, 8.4(c), 8.4(d), 5.5(a), and I.B.C.R. 516(a) and 517. In the seventh case, Mr. McMillan failed to promptly file an Affidavit of Service confirming service of his client's Complaint upon the opposing party and failed to file a motion for a preliminary injunction regarding the client's property. He failed to inform his client that he was suspended and, after that suspension, agreed to represent the client in a new matter. Upon termination of the representation, he failed to refund unearned fees and promptly return the client's complete file. The Idaho Supreme Court found that with respect to that case, Mr. McMillan violated I.R.P.C. 1.2(a), 1.3, 1.4, 1.16(d), 3.2, 8.4(c), 8.4(d), 5.5(a), and I.B.C.R. 516(a) and 517. In the eighth case, Mr. McMillan failed to file his client's divorce petition and failed to respond to the client's inquiries regarding the case status. He also failed to inform his client that he was suspended and advised the client that he was continuing to work on the case after his suspension. The Idaho Supreme Court found that with respect to that case, Mr. McMillan violated I.R.P.C. 1.2(a), 1.3, 1.4, 3.2, 8.4(d), 5.5(a), and I.B.C.R. 516(a) and 517. In the ninth case, Mr. McMillan failed to promptly inform his client about a plea offer in the client's misdemeanor criminal case and failed to promptly file the client's notification of rights form and signed plea agreement. He failed to inform his client that he was suspended, failed to promptly return client funds after that suspension, and attempted to appear for his client's sentencing hearing one month after his suspension. Mr. McMillan also failed to promptly return the client's complete case file upon termination. The Idaho Supreme Court found that with respect to that case, Mr. McMillan violated I.R.P.C. 1.2(a), 1.3, 1.4, 1.15(d), 1.16(d), 8.4(c), 8.4(d), 5.5(a), and I.B.C.R. 516(a) and 517. In the tenth case, Mr. McMillan failed to file the client's petition to set aside a trustee appointment, but repeatedly informed the client that he had filed the petition and was waiting for the magistrate court to schedule a hearing. He failed to inform his client that he was suspended and failed to refund unearned fees upon termination. The Idaho Supreme Court found that with respect to that case, Mr. McMillan violated I.R.P.C. 1.2(a), 1.3, 1.4, 1.16(d), 8.4(c), 8.4(d), and I.B.C.R. 516(a) and 517. In the eleventh case, Mr. McMillan failed to timely serve the client's complete discovery responses, failed to promptly inform the client about his suspension, failed to inform the client about a hearing on the opposing party's motion for summary judgment, appeared at that hearing despite his suspension, and failed to promptly return the client's complete case file upon termination. The Idaho Supreme Court found that with respect to that case, Mr. McMillan violated I.R.P.C. 1.2(a), 1.3, 1.4, 1.16(d), 3.4(d), 8.4(c), 8.4(d), 5.5(a), and I.B.C.R. 516(a) and 517. In the twelfth case, Mr. McMillan failed to serve the client's mandatory disclosures and discovery responses in her divorce case and failed to inform her that he was suspended, despite an upcoming trial in her case. The Idaho Supreme Court found that with respect to that case, Mr. McMillan violated I.R.P.C. 1.2(a), 1.3, 1.4, 3.4(c), 8.4(c), 8.4(d), and I.B.C.R. 516(a) and 517. In the thirteenth case, Mr. McMillan failed to publish a notice to creditors in a probate case, failed to inform the magistrate court that the personal representative of the estate had died, failed to promptly prepare and file documents to appoint a new personal representative, and failed to respond to his client's inquiries about the case status. He also failed to inform his client that he was suspended, continued to practice law after that suspension, and failed to promptly return the client's file upon termination. The Idaho Supreme Court found that with respect to that case, Mr. McMillan violated I.R.P.C. 1.2(a), 1.3, 1.4, 1.16(d), 3.2, 5.5(a), 8.4(c), 8.4(d), and I.B.C.R. 516(a) and 517. In the fourteenth case, Mr. McMillan failed to serve his client's discovery responses in a breach of contract case and failed to keep her informed about the case status. He also failed to inform his client that he was suspended and continued to practice law after that suspension. The Idaho Supreme Court found that with respect to that case, Mr. McMillan violated I.R.P.C. 1.2(a), 1.3, 1.4, 3.4(d), 5.5(a), 8.4(d), and I.B.C.R. 516(a) and 517. The Idaho Supreme Court accepted Mr. McMillan's Resignation in Lieu of Disciplinary Proceedings. By the terms of the Order, Mr. McMillan may not make application for admission to the Idaho State Bar sooner than five (5) years from the date of his resignation. If he does make such application for admission, he will be required to comply with all bar admission requirements in Section II of the Idaho Bar Commission Rules and will have the burden of overcoming the rebuttable presumption of the "unfitness to practice law." By the terms of the Idaho Supreme Court's Order, Mr. McMillan's name was stricken from the records of the Idaho Supreme Court and his right to practice law before the courts in Idaho was terminated. Inquiries about this matter may be directed to: Bar Counsel, Idaho State Bar, P.O. Box 895, Boise, Idaho 83701, (208) 334-4500. SHO LEGAL 3709 AD#427411 JANUARY 5, 2021

CITY OF KELLOGG ANNUAL CERTIFICATION OF STREET REVENUE AND EXPENDITURES OCTOBER 1, 2019 TO SEPTEMBER 30, 2020 REVENUE: Unexpended 2019St Funds brought forward $ 241,064 EPA Paved Rdwy Funding $1,033,765 Property Taxes $ 445,793 State Motor Fuels Tax $ 97,902 Other $ 33,005 Local Option Tax Rd Improvements $ 0 Total Revenue Received $1,851,529 EXPENDITURES: General Administration $ 123,192 Maintenance $ 390,860 Snow and Ice Control $ 28,712 Storm Sewer $ 42,397 Rd Improvements LOT $ 0 Street Cleaning $ 2,309 Street Lighting $ 54,007 EPA Paved Roadway $1,033,765 Total Expenditures $1,675,242 Balance of Funds For Future Operations $ 176,287 I, Mac Pooler, Mayor of the City of Kellogg, County of Shoshone, State of Idaho, do hereby certify that the above is a true and correct report of the Street Revenue and Expenditures for the fiscal budget year, 2019-2020. Mac Pooler, Mayor ATTEST: Nila Jurkovich, Clerk/Treasurer SHO LEGAL#3690 - AD#421992 JANUARY 5, 2021

SHOSHONE COUNTY, IDAHO BOARD OF COUNTY COMMISSIONERS Annual Road and Street Financial Certification Report For Fiscal Year Ending September 30, 2020 Beginning Balance as of October 1 Previous Year 1,811,837.00 Total Local Funding Sources 172,043.00 Total State Funding Sources 1,533,745.00 Total Federal Funding Sources 1,836,110.00 Total Receipts 3,541,898.00 Total New Construction 89,764.00 Total Reconstruction/Replacement 810,816.00 Total Routine Maintenance 841,042.00 Total Equipment 801,011.00 Administration Salaries & Expense 508,994.00 Other Expenditures 82,155.00 Total Disbursements 3,133,782.00 Receipts over Disbursement 408,116.10 Other Adjustments -0- Closing Balance 2,219,953.00 BOARD OF COUNTY COMMISSIONERS s/Mike Fitzgerald Chairman SHO LEGAL 3710 AD#427441 JANUARY 5, 2021

NOTICE OF SHERIFF'S SALE 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, vs. SHAWN T. MONTEE AKA SHAWN THOMAS MONTEE (DECEASED) AND THE UNKNOWN HEIRS, ASSIGNS, AND DEVISEES OF SHAWN T. MONTEE AKA SHAWN THOMAS MONTEE; HEATHER MONTEE AKA HEATHER M. MONTEE AKA HEATHER MARIE MONTEE, INDIVIDUALLY AND AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF SHAWN T. MONTEE AKA SHAWN THOMAS MONTEE; ROBERT WOLFORD; HARLAN D. DOUGLASS; SAGE HOLDINGS, LLC; WESTERN GEOGRAPHIC INVESTMENTS, LLC; STEVEN G. LAZAR; BKSMM INVESTMENTS, LLC; SM DEVELOPMENT, LLC; UNITED STATES OF AMERICA; IDAHO STATE TAX COMMISSION; STEVEN LAZAR REVOCABLE TRUST AGREEMENT DATED 5/28/16; and DOES I THROUGH XX, AS INDIVIDUALS WITH AN INTEREST IN THE PROPERTY which may commonly be known as 5257 Old River Road, Kingston, ID 83839, Defendants. Case No.: CV40-19-0636 Under and by virtue of an Order for Sale of Foreclosure executed on October 26, 2020 and entered with the Court on October 27, 2020, and Writ of Execution issued on October 29, 2020 out of and under the seal of the above-entitled Court on a Judgment and Decree of Foreclosure recovered in said Court in the above-entitled action on October 26, 2020, in favor of the above-named Plaintiff, I am commanded and required to proceed to notice for sale to sell at public auction the real property described in said Order of Sale of Foreclosure and Writ of Execution and to apply the proceed of such sale to the satisfaction of said Judgment and Decree of Foreclosure with interest thereon and my fees and costs. The property directed to be sold is situate in Shoshone County, State of Idaho, and is described as follows to wit: A PARCEL OF LAND LOCATED IN GOVERNMENT LOT 12, SECTION 4, TOWNSHIP 49 NORTH, RANGE 2 EAST, BOISE MERIDIAN, SHOSHONE COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE SOUTHWEST CORNER OF SAID SECTION 4 FROM WHICH THE SOUTH QUARTER CORNER OF SAID SECTION 4 BEARS SOUTH 89°37'34" EAST, 2,651.99 FEET. SAID POINT OF COMMENCEMENT ALSO BEING THE TRUE-POINT-OF-BEGINNING FOR THE DESCRIBED PARCEL OF LAND; THENCE FROM SAID POINT OF BEGINNING NORTH 01°11'26" WEST, 14.38 FEET TO A POINT; THENCE NORTH 00°21'13" EAST, 785.63 FEET TO A POINT; THENCE SOUTH 89°37'34" EAST, 830.50 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING 60 FOOT PRIVATE ROAD. SAID POINT BEING THE POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 550.00 FEET, A CENTRAL ANGLE OF 06°38'36" AND A CHORD BEARING SOUTH 39°30'42" EAST, 63.74 FEET; THENCE SOUTHERLY ALONG SAID ROAD CENTERLINE CURVE 63.77 FEET TO A POINT; THENCE SOUTH 42°50'00" EAST, 83.01 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE "OLD RIVER ROAD". SAID POINT BEING THE POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 1470.00 FEET, A CENTRAL ANGLE OF 06°52'33" AND A CHORD BEARING NORTH 73°01'16" EAST, 176.30 FEET; THENCE ALONG SAID NORTH RIGHT-OF-WAY CURVE 176.41 FEET TO A POINT; THENCE NORTH 69°35'00" EAST, 1.74 FEET TO A POINT; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE, SOUTH 20°40'52" EAST, 417.72 FEET TO A POINT AT THE HIGH WATER MARK OF THE NORTH FORK OF THE COEUR D'ALENE RIVER; THENCE SOUTHWESTERLY ALONG THE HIGH WATER MARK OF THE NORTH BANK OF SAID COEUR D'ALENE RIVER, SOUTH 48°19'50" WEST, 528.5 FEET MORE OR LESS TO A POINT ON THE SOUTH LINE OF SAID GOVERNMENT LOT 12 THAT IS 855.00 FEET EAST OF THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 12; THENCE NORTH 89°37'34" WEST, 855.00 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING FOR THE DESCRIBED PARCEL OF LAND; SAID DESCRIBED PARCEL OF LAND CONTAINING 20.00 ACRES MORE OR LESS. 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. Commonly known as 5257 Old River Road, Kingston, ID 83839. NOTICE IS HEREBY GIVEN that on the 12th day of January, 2021, at the hour of 10:00 o'clock a.m. of said day, at 700 Bank St, Wallace ID 83873, County of Shoshone, State of Idaho, I will attend, offer and sell at public auction all or so much of the above-described property thus directed to be sold as may be necessary to raise sufficient funds to pay and satisfy the Judgment and Decree of Foreclosure as set out in said Order for Sale of Foreclosure to the highest bidder, for case or certified funds in lawful money. The time period for redemption of the above property is twelve (12) months from the date of sale herein. The Sheriff, by a Certificate of Sale, will transfer right, title and interest of the judgment debtor in and to the property. The Sheriff will also give possession but does not guarantee clear title nor continue possessory right to the purchaser. DATED this 2nd day of December 2020. Sheriff of Shoshone County By:/s/ Kattie D. Ross Deputy Sheriff SHO LEGAL 3704 AD#425774 DECEMBER 22, 29, 2020, JANUARY 5, 2021

CITY OF WARDNER Annual Road & Street Financial Report 10/1/19 through Description 9/30/20 Receipts: Local Road Tax Levy - Property Taxes $15,122 Local Non-RHF Interest Income - Penalty & Interest $872 Local Transfer-In from Non-Highway Accounts $5,967 Total Non-RHF Local Income $21,961 State Highway User Revenue $8,115 State Inventroy Replacement Tax - Sales Tax $5,776 State Tax / Revenue Sharing $10,113 State All Other State Receipts $7,420 Total State Income $31,424 TOTAL INCOME: $53,385 Disbursements: Construction $0 Total Construction $0 Winter Maintenance $14,177 Other Maintenance $0 Total Routine Maintenance $14,177 Equipment New Purchase $0 Equipment Maintenance $5,358 Total Equipment $5,358 Total Administration $22,411 Other Street Lights $6,039 Other Professional Services - Audit Prep $5,400 Total Other $11,439 TOTAL DISBURSEMENTS: $53,385 Closing / Ending Balance $0 Certification Submitted: As Required by Idaho Code 40-708 SHO LEGAL 3694 AD#422658 JANUARY 5, 2020