Legals for October, 18 2022
NOTICE OF TRUSTEE'S SALE - To be sold for cash at a Trustee's Sale on January 26, 2023, 11:00 AM at the In the lobby of the Shoshone County Courthouse, 700 Bank Street, Wallace, ID 83873, the following described real property situated in Shoshone County, State of Idaho ("Real Property"): The Easterly 42 feet of Lots 10 and 11 and that portion of the vacated alley adjoining this property on the East all in Block 28, Osburn, Shoshone County, State of Idaho according to the official and recorded plat thereof, described as follows: Beginning at the most Easterly corner of Lot 10; thence South 59° 58' East, 8 feet to a point; thence South 30° 02' West, 100 feet to a point; thence North 59° 58' West, 50 feet to a point; thence North 30° 02' East, 100 feet to a point; thence South 59° 58' East, 42 feet to the point of beginning Commonly known as: 509 Chestnut Street, Osburn, ID 83849 Brad M. Hennings and Kiley R. Hennings, as Trustors conveyed Real Property via a Trust Deed dated December 29, 2008, in favor of JPMorgan Chase Bank, N.A. as Beneficiary, in which First American Title Company and JPMorgan Chase Bank NA was named as Trustee. The Trust Deed was recorded in Shoshone County, Idaho, on December 30, 2008, as Instrument No. 449600, and modified pursuant to the Modification recorded on May 6, 2019, as Instrument No. 499138, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: Wilmington Savings Fund Society, FSB, as Trustee of Quercus Mortgage Investment Trust Assignment Dated: December 24, 2019 Assignment Recorded: January 2, 2020 Assignment Recording Information: Instrument No. 502191 Shelly M. Casares 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 February 9, 2022 at Instrument No. 512539, of Official Records. The Beneficiary has declared a default in the terms of said Deed of Trust due to Trustor's failure to make monthly payments beginning October 1, 2021, 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 $100,475.03, interest in the sum of $5,151.71, escrow advances of $1,755.26, Expense Advance in the sum of $3364.76, late charge in the sum of $88.96, for a total amount owing of $110,590.77, 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 by certified funds (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 22nd day of September, 2022. Shelly M. Casares 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. ID10496 Legal#4272 AD#564421 October 4, 11, 18, 25, 2022
NOTICE TO CREDITORS CASE NO. CV40-22-0504 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 Susan Lee Reynolds and William Alan Reynolds, Jr., Deceased. 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. DATE: October 5, 2022 /s/Tammy S. Jones c/o Michael F. Peacock Attorney at Law 123 McKinley Ave.Kellogg, ID 83837 Legal#4276 AD#565807 October 11, 18, 25, 2022
Idaho Constitutional Amendment SJR 102 Legislative Council's Statement of Meaning, Purpose, and Result to Be Accomplished Currently, the Legislature may meet in a special session only upon call of the Governor. The proposed amendment would allow the Legislature to convene itself in special session if 60% of the members in each house submit a petition to the President Pro Tempore of the Senate and the Speaker of the House of Representatives. The petition must specify the subjects to be addressed in the special session, and only those subjects could be considered during the special session. The amendment also requires the Legislature to hold an organizational session in December following a general election. The purpose of the organizational session is to prepare for the upcoming regular session. The proposed amendment would formalize in the Idaho Constitution the Legislature's longstanding practice of holding an organizational session. Statements FOR the Proposed Amendment 1. This constitutional amendment is needed to correct an imbalance of power among the three branches of government. The executive and judicial branches of government have no restrictions on their ability to conduct business when and as they deem appropriate, and the legislative branch should have the same power. 2. Idaho is one of just 12 states whose legislature has no power to convene itself into a special session under certain circumstances. The Idaho Legislature should not be dependent on the Governor to call it into special session when extraordinary events occur. For example, in 2020, the Idaho Legislature wished to convene to consider Covid-19 matters and the expenditure of federal funding related to the pandemic but the Governor delayed convening the Legislature. Idaho should join the 38 states (including all of Idaho's neighboring states) that recognize the legislative branch of government's right to determine independently when it should convene and conduct the business of the people it represents. 3. Authorizing the Legislature to convene itself into special session will prevent the need for one or both houses of the Legislature to defer adjourning sine die indefinitely as happened in 2021 when the House of Representatives wanted to preserve its right to take up anticipated issues later in the year. Deferring the date of adjourning sine die results in numerous administrative problems such as delaying effective dates of legislation and administrative rules. If the Legislature is able to convene itself, there will be no need to avoid adjourning sine die. 4. The proposed amendment contains sufficient safeguards against any potential abuse of power by limiting the subjects of legislation to be considered during a special session to those listed in the petition, just as a special session called by the Governor is limited to the subjects listed in the Governor's proclamation. Statements AGAINST the Proposed Amendment 1. The Legislature has conducted its business for over 130 years without needing the ability to call itself into special session. This constitutional amendment is not necessary because the Governor has called and can continue to call the Legislature into a special session when necessary. Passing this amendment would remove a check and balance from the Idaho Constitution. 2. The Idaho Legislature is a part-time citizen legislature. The proposed amendment provides no limitations on how often special sessions may be called or how long they may last. Idaho should not move toward having a full-time legislature, and Idaho's part-time citizen legislators with other careers should not be burdened with sudden, unpredictable special sessions. 3. Idaho businesses and citizens need the stable, predictable, and routine timeline of the regular legislative session to communicate with legislators regarding the effects that pending legislation may have on businesses and citizens. The ability of the Legislature to convene itself into various special sessions may result in the passage of legislation that has not been properly vetted and could result in unintended consequences for Idaho businesses and citizens. 4. The proposed amendment requires a petition signed by only 60% of the members of each house of the Legislature. This threshold is too low. Many states require a higher percentage, such as 67% or 75%. A higher percentage would deter the Legislature from convening itself for subjects that may be trivial, vague, or not widely agreed upon. Amendment Text Section 8. SESSIONS OF THE LEGISLATURE. (1) The regular sessions of the legislature must be held annually at the capital of the state, commencing on the second Monday of January of each year, unless a different day shall have been appointed by law, and at other times in extraordinary sessions when convened by the governor and in organizational sessions commencing on the first Thursday of December after the general election, unless a different day shall have been appointed by law. (2) The legislature, while remaining a part-time, citizen legislature, must also be convened in special session by the president pro tempore of the senate and the speaker of the house of representatives upon receipt of a joint written petition of at least sixty percent of the membership of each house, specifying the subjects to be considered. Such special session must commence no later than fifteen days after the petition is received by the president pro tempore of the senate and the speaker of the house of representatives. At a special session convened pursuant to this section, the legislature shall have no power to consider or pass any bills or resolutions on any subjects other than those specified in the petition and those necessary to provide for the expenses of the session. Legal#4253 AD#560632 September 27, October 18, November 1, 2022
CITY OF PINEHURST QUARTERLY FINANCIAL REPORT Period Ending 9/30/2022 FY 2021-2022 YTD YTD YTD % of FUND BUDGET RECEIPTS SALARIES EXPENSES Budget General 758,004 652,607 155,068 239,240 52% Streets 213,225 371,631 47,338 87,178 63% TOTAL 971,229 1,024,238 202,406 326,418 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 Legal#4280 AD#566797 October 18, 2022
NOTICE OF HEARING ON NAME CHANGE Case No. CV40-22-548 IN THE DISTRICT COURT FOR THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE IN RE: Lori Ann Kolczak, A petition to change the name of Lori Ann Kolczak, now residing in the City of Osburn, State of Idaho, has been filed in the District Court in Shoshone County, Idaho. The name will change to Lori Ann Zeimet. The Reason for the change in name is: Divorce, with last name change to stepfather's last name. He was my actual father for mywholelife. My birth father was not. A hearing on the petition is scheduled for 10:00 o'clock a.m. on 11/28/22 at the Shoshone County Courthouse. Objections may be filed by any person who can show the court a good reason against the name change. Date: October 13, 2022 /s/Tamie EberhardCLERK OF THE DISTRICT COURT /s/Gail Elliot Deputy Clerk Legal#4281 AD#566813 October 18, 25, November 1, 8, 2022
SUMMONS FOR PUBLICATION Case No. CV40-22-0406 IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE IDAHO HOUSING AND FINANCE ASSOCIATION (fka IDAHO HOUSING AGENCY), Plaintiff, v. Heirs and Devisees of FRANCES L. AVERILL, SPOUSE OF FRANCES L. AVERILL, THE ESTATE OF FRANCES L. AVERILL, SHOSHONE COUNTY BOARD OF COMMISSIONERS; STATE OF IDAHO DEPARTMENT OF HEALTH AND WELFARE; AND JOHN DOE and JANE DOE, Defendants. TO: DEFENDANTS HEIRS AND DEVISEES OF FRANCIS L. AVERILL, SPOUSE OF FRANCIS L. AVERILL, AND THE ESTATE OF FRANCIS L. AVERILL You have been sued by Idaho Housing and Finance Association, Plaintiff, in the District Court of the First Judicial District in and for the County of Shoshone, State of Idaho, in Case No. CV20-22-0406. The nature of the claim against you is an action for the judicial foreclosure of a Deed of Trust encumbering the property located at 821 E. Mullan, Osburn, ID 83849, due to non-payment of the required monthly payments. 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 St., Wallace, ID 83873 (208) 752-1266, and served a copy of your response on the Plaintiff's attorney, Sean H. Costello of Skinner Fawcett LLP at 250 W. Bobwhite Ct., P.O. Box 700, Boise, ID 83701-0700, (208) 345-2663. 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 September 21, 2022 Tamie Lewis-Eberhard Clerk of the Court By:/s/Gail Elliot Deputy Clerk Legal#4267 AD#562792 September 27, October 4, 11, 18, 2022
INVITATION TO BID FOR PURCHASE OF SCHOOL BUS NOTICE OF HEREBY GIVEN That sealed bids will be received by the Board of Trustees of School District NO. 393 for one seventy-one (71) passengers, with storage boxes, Ambient Temperature Sensor, prefer manual service door, drop down chains, air conditioning, air brakes, and an REI camera system school bus. Detailed specifications and bid forms may be obtained at the administration office, 501 Western Ave. Silverton, Idaho. The bus must meet all requirements of the State of Idaho in every aspect as set forth by the State Department of Education. Bids must be submitted on bid forms which are available in the School District Office. All bids must exclude the federal taxes. Bids must be in the School District Office by 12:00 noon, November 11, 2022 at which time which time they will be tabulated to be considered by the Board of Trustees. The Board of Trustees reserves the right to reject any or all bids, to waive any irregularities, and to be the sold judge of all suitability of the interest of the district. All bids must be plainly marked "Bid" on the outside of the envelope. Dated the 7th day of October 7, 2022 Todd Howard, Superintendent Legal#4279 AD#566790 October 18, 25, 2022