Legals for September, 27 2022
NOTICE OF TRUSTEE'S SALE File No.: 618720 Customer Ref No. Sursely/Krivor/3881 On Friday, January 6, 2023 at the hour of 10:30AM, of said day, on the front steps of the Shoshone County Courthouse located at 700 High Bank St., Wallace, Idaho 83873, Alliance Title & Escrow, LLC, as trustee, will sell at public auction, to the highest bidder, for cashiers check, certified check or tellers check, (from a bank which has a branch in the community at the site of the sale), State of Idaho check or local government check in lawful money of the United States, all payable at the same time of sale, the following described real property, situated in the County of Shoshone, State of Idaho, and described as follows, to wit: Surface rights only of the Hearst and Savage Patented Mining Claim (being a portion of a group of claims also known as the Lemhi Group Lode Claim and the Lemhi Patented Load Group), situated in the Hunter Mining District in Section 25, Township 48 North, Range 5 East, Boise Meridian, and in Section 30, Township 48 North, Range 6 East, Boise Meridian, records of Shoshone County, Idaho. THE TRUSTEE HAS NO KNOWLEDGE OF A MORE PARTICULAR DESCRIPTION OF THE ABOVE-DESCRIBED REAL PROPERTY, BUT FOR PURPOSES OF COMPLIANCE WITH IDAHO CODE, SECTION 60-113, THE TRUSTEE HAS BEEN INFORMED THAT THIS PROPERTY MAY BE BARE GROUND AND NO STREET ADDRESS HAS BEEN ASSESSED. FOR FURTHER INFORMATION REGARDING THE EXACT LOCATION OF SAID PROPERTY, PLEASE CONTACT ALLIANCE TITLE & ESCROW AT (208) 287-5108. 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 David Sursely, an unmarried man, as Grantor to Alliance Title & Escrow, LLC, as Trustee, for the benefit and security of Millennium Trust Company LLC Custodian FBO Michael Krivor Traditional IRA, as Successor Beneficiary, recorded August 26, 2019 as Instrument No. 500555, Mortgage records of Shoshone County, Idaho. 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 THIS OBLIGATION. The default for which this sale is to be made is failure to: 1. Make principal and interest payments as set forth on said Deed of Trust and Promissory Note. The original loan amount was $36,000.00 together with interest thereon at the rate of 8% per annum, as evidenced in Promissory Note dated August 23, 2019. Principal and interest payments are in default for the months of September 2021 through and including August 2022 in the amount of $245.00 per month and continuing each and every month thereafter until date of sale or reinstatement. 2. Pay, when due and before delinquency, the real property taxes for all of 2021, plus penalties and interest. The principal balance as of July 26, 2022 is $35,505.20 together with accrued and accruing interest thereon at the rate of 8% per annum. The per diem is $7.78196. In addition to the above, there is also due any real property taxes that may become delinquent during this foreclosure; together with any late charges, advances, escrow collection fees, attorney fees, fees or costs associated with this foreclosure. The balance owing as of this date on the obligation secured by said deed of trust is $35,505.20, excluding interest, costs and expenses actually incurred in enforcing the obligations thereunder or in this sale, as trustee's fees and/or reasonable attorney's fees as authorized in the promissory note secured by the aforementioned Deed of Trust. Dated: September 2, 2022 Alliance Title & Escrow, LLC By:Bobbi Dilley, Trust Officer 208-287-5108 This communication is on behalf of a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Legal#4247 AD#559877 September 13, 20, 27, October 4, 2022
SUMMONS FOR PUBLICATION IN THE FIRST JUDICIAL DISTRICT FOR THE STATE OF IDAHO, IN AND FOR THE COUNTY OF SHOSHONE SHAY BRENNAN RICKS, an individual, Plaintiff, vs. IDAHO DEPARTMENT OF HEALTH AND WELFARE, an agency of the State of Idaho, BETTY LOU CHANDLER, a deceased individual, ESTATE OF BETTY LOU CHANDLER, WARD M. CHANDLER, surviving spouse of Betty Lou Chandler, DAVID CHANDLER, a grandson and heir of Betty Lou Chandler, JENNIFER CHANDLER, wife of David Chandler, JOYCE LIETCHE, a sister and heir of Betty Lou Chandler, ROD LIETCHE, husband of Joyce Lietche, any UNKNOWN HEIRS AND DEVISEES OF THE ESTATE OF BETTY LOU CHANDLER, and JOHN AND/OR JANE DOES 1-5, unknown individuals, Defendant. To: Betty Lou Chandler, Estate of Betty Lou Chandler, Joyce Lietche. Rod Lietche, and John and/or Jane Does1-5. You have been sued by Shay Brennan Ricks, the Plaintiff, in the District Court in and for Shoshone County, Idaho, Case No. CV40-22-0380. The nature of the claim against you is: Quiet title action against named Defendant, Betty Lou Chandler and her heirs known unknown. 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 at Mark Cornelison, PO Box 50130, Idaho Falls, ID 83405; (208) 523-0620. 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: 8/31/2022. Shoshone County District Court By/s/Karen Harshman Deputy Clerk Legal#4248 AD#560341 September 13, 20, 27, October 4, 2022
SUMMONS To: SHERYL CLARK You have been sued by FORD MOTOR CREDIT COMPANY LLC, the Plaintiff, in the FIRST District Court in and for SHOSHONE COUNTY, Idaho, Case No. CV40-22-0251. The nature of the claim against you is collection of money owed by you. 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, telephone (208) 752-1266, and served a copy of your response on the Plaintiff's attorney MICHAEL J. ARCHIBALD, #8476 at M2 Law Group PC, P.O. Box 330, Meridian, ID 83680, telephone (208) 336-3331. 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:8/31/2022 TAMIE EBERHARD SHOSHONE COUNTY District Court By /s/ Karen Hanstom Deputy Legal#4243 AD#559418 September 6, 13, 20, 27, 2022
NOTICE TO CREDITORS CASE NO.CV40-22-0393 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 Francis Lorraine Averill, 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. DATE: 08/05/2022 /s/Luana Averill c/o Michael F. Peacock Attorney at Law 123 McKinley Ave. Kellogg, ID 83837 Legal#4258 AD#561655 September 20, 27, October 4, 2022
Declaration of Intent to Sell Real Property & Notice of Proposed Sale The City Council of the City of Mullan hereby declares its intent to sell the city-owned property at the address of NNA Earle Street, Mullan, ID 83846, and more-particularly described as: W. 18 feet of Lot Nine (9), Block Fifteen (15), Mullan Townsite, Shoshone County, State of Idaho. The City declares that the property is underutilized, is not being used for a public purpose, and that it in the public's interest to sell the property. Pursuant to Idaho Code 50-1402, the City of Mullan will hold a public hearing concerning the proposed sale on October 11th, 2022 at 7:00pm, at Mullan City Hall, 112 Terrill Loop, Mullan Idaho, a handicap assessable building. The minimum bid set for said sale shall be $13,550.00. Should the City Council, after public hearing, affirm that a sale of the property is in the public's interest, public auction shall commence immediately thereafter. Those interested in submitting bids shall submit their bids on bid forms provided by the City. Bids will be accepted until October 11th, 2022 at 5:00pm. Bids should be sealed and state on the outside of the envelope "BIDS FOR REAL PROPERTY." Bids should be addressed to: City of Mullan 112 Terrill Loop Mullan, ID 83846 Legal#4264 AD#562281 September 27, 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
NOTICE TO CREDITORS CASE NO: CV40-22-434 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: HELEN VICTORIA BAILEY, DOD: 08/02/2022 Decedent. NOTICE IS HEREBY GIVEN that EDDIE BAILEY, has been appointed Personal Representative of the above-named estate. All persons having claims against the above-named Decedent are required to present their claims, with a description of all security interests and other collateral, if any, held by each creditor with respect to such claim, 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 EDDIE BAILEY, Personal Representative of the estate, c/o SILVER VALLEY LAW, LLC, PO Box 633, Osburn, Idaho, 83849, electronic service via email: office@silvervalleylaw.com, and filed with the Court to be valid. DATED this 8th day of September, 2022. /s/Scott Sergeant Attorney for Personal Representative Legal#4249 AD#560346 September 13, 20, 27, 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
NOTICE OF TRUSTEE'S SALE At 10:00 o'clock A.M. (recognized local time) on January 10, 2023, in the Office of First American Title Company, located at, 2 E. Mullan, Kellogg, ID , First American Title Company as 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 Shoshone County, Idaho, and described as follows, to-wit: Lot 2, Sunset View Subdivision, being a portion of the Northwest Quarter of Section 35, Township 49 North, Range 1 East, B.M., Shoshone County, State of Idaho, according to the official and recorded plat thereof. Information concerning the foreclosure action may be obtained from the Trustee, whose telephone number is (208) 785-2515. According to the Trustee's records, the street address of 41367 Riverview Drive, Cataldo, Idaho 83810 is sometimes associated with said property. Said sale will be made without covenant or warranty regarding title, possession, or encumbrances to satisfy the obligations secured by and pursuant to the power of sale conferred in the Deed of Trust Including Due-On-Sale Rider executed by, Raemon M. Sauer, an unmarried man as Grantor(s), First American Title Company, as Trustee, for the benefit and security of, Corey Marang, an unmarried man, as Beneficiary; said Deed of Trust Including Due-On-Sale Rider was recorded December 29, 2016 as Shoshone County Recorder's Instrument No. 487902. The default for which this sale is to be made is as follows: Failure to 1) make the monthly payment of $495.42 plus an escrow fee of $9.00 for a total monthly payment of $504.42 due for the 29th day of August, 2017 and a like sum of $504.42 due for the 29th day of each and every month thereafter. 2) to comply with section A4 of said Deed of Trust Including Due-On-Sale Rider to pay at least ten days before delinquency, all taxes and assessments affecting said property. Specifically, the second half of 2021 taxes is delinquent. The above Grantor(s) 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 this obligation. As of August 22, 2022 there is due and owing on the loan an unpaid principal balance of $33,018.51, accrued interest in the amount of $6,695.42 plus late fees in the amount of $1,200.00 for a total amount due of $40,913.93. Interest continues to accrue on the Note at the rate of 4% per annum with a per diem rate of $3.67 after August 22, 2022. All delinquencies are now due together with any late charges, advances to protect the security, and fees and costs associated with this foreclosure. The Beneficiary elects to sell or cause said property to be sold to satisfy said obligation. DATED August 24, 2022 FIRST AMERICAN TITLE COMPANY By: /s/ Rae Albert, Trust Officer Legal#4238 AD#558965 September 6, 13, 20, 27, 2022
WALLACE P/Z HISTORIC PRESERVATION COMMISSION City Hall Council Chambers 703 Cedar Street Wallace, ID 83873 October 5, 2022 6:00 PM Agenda Application for a Certificate of Appropriateness submitted by Kimberley Fisher for construction of carport located at 178 King Street. (ACTION ITEM) Request for accommodation of special needs to participate in the meeting should be addressed to the office of the City Clerk five days prior to meeting 752-1147. Legal#4268 AD#563051 September 27, 2022