Legals for November, 26 2020
NOTICE OF TRUSTEE'S SALE To be sold for cash at a Trustee's Sale on March 25, 2021, 11:00 AM at the Boundary County Courthouse, 6452 Kootenai Street, Bonners Ferrv, ID 83805, the following described real property situated in Boundary County, State of Idaho ("Real Property"): That part of the North 565 feet of the Southwest Quarter of the Northeast Quarter of the Southeast Quarter lying East of the U.S. Highway No. 95, and that part of the North 565 feet of the Southeast Quarter of the Northwest Quarter of the Southeast Quarter lying East of the U.S. Highway No. 95, all in Section 28, Township 64, Range 1 East, B.M., Boundary County, Idaho. MORE ACCURATELY DESCRIBED AS FOLLOWS: That part of the North 565 feet of the Southwest Quarter of the Northeast Quarter of the Southeast Quarter (SW1/4NE1/4SE1/4) lying East of the U.S. Highway No. 95, and that part of the North 565 feet of the Southeast Quarter of the Northwest Quarter of the Southeast Quarter (SE1/4NW1/4SE1/4) lying East of the U.S. Highway No. 95, all in Section Twenty-eight (28), Township Sixty-four (64) North, Range One (1) East, B.M., Boundary County, Idaho Commonly known as: 520687 Highway 95, Bonners Ferry, ID 83805 Christopher Clausen and Tina M. Clausen, as Trustors conveyed Real Property via a Trust Deed dated April 20, 2007, in favor of Beneficial Idaho Inc. as Beneficiary, in which First American Title Company was named as Trustee. The Trust Deed was recorded in Boundary County, Idaho, on April 24, 2007, as Instrument No. 231895, of Official Records. The Deed of Trust was assigned for value as follows: Assignee: U.S. Bank National Association, as indenture trustee, for the CIM Trust 2016-1, Mortgage-Backed Notes, Series 2016-1 Assignment Dated: February 3, 2020 Assignment Recorded: February 26, 2020 Assignment Recording Information: Instrument No. 280872 Shelly M. Espinosa is the Successor Trustee pursuant to a Substitution of Trustee recorded in the office of the Clerk and Recorder of Boundary, State of Idaho on March 30, 2020 at Instrument No. 281285, 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 May 25, 2019, 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 $274,509.59, interest in the sum of $36,515.52, escrow advances of $4,165.23, other amounts due and payable in the amount of $1,793.64, for a total amount owing of $316,983.98, 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 10th day of November, 2020. Shelly M. Espinosa 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. ID10110 BFH# 10528/AD#419613 NOVEMBER 19, 26, DECEMBER 3, 10, 2020
IN THE DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF TWIN FALLS IN RE: THE GENERAL ADJUDICATION OF RIGHTS TO THE USE OF WATER FROM THE CLARK FORK-PEND OREILLE RIVER BASINS WATER SYSTEM CASE NO. 69576 NOTICE OF FILING PETITION TO COMMENCE GENERAL ADJUDICATION OF WATER RIGHTS TO: ALL PERSONS OWNING RIGHTS TO THE USE OF WATER FROM THE CLARK FORK-PEND OREILLE RIVER BASINS WATER SYSTEM YOU ARE HEREBY NOTIFIED that the State of Idaho, by and through Lawrence G. Wasden, in his official capacity as the Attorney General for the State of Idaho, filed a Petition to Commence Clark Fork-Pend Oreille River Basins Adjudication to commence a general adjudication of water rights from the Clark Fork-Pend Oreille River basins water system on October 23, 2020, pursuant to Idaho Code § 42-1406B. A hearing on the Petition (called a commencement hearing) has been scheduled to begin on January 21, 2021 at 9:00 a.m. Pacific Time (PT). The hearing will be conducted via Zoom from the Snake River Basin Adjudication Courthouse in Twin Falls before the Honorable Eric Wildman. Instructions to join the Zoom hearing are attached to this Notice. The purpose of the adjudication is to determine all rights arising under state or federal law to the use of surface and ground water from the Clark Fork-Pend Oreille River basins water system. THE PURPOSE OF THIS NOTICE IS TO DESCRIBE BRIEFLY THE PETITION AND TO INFORM YOU OF THE MATTERS TO BE DETERMINED BY THE DISTRICT COURT AT THE COMMENCEMENT HEARING; NOTICE WILL BE GIVEN AT A LATER DATE AS TO WHEN AND WHERE TO FILE YOUR NOTICE OF CLAIM TO A WATER RIGHT. The Petition asks the court to enter an order (called a commencement order) starting a general adjudication of the Clark Fork-Pend Oreille River basins water system, authorizing the Director of the Idaho Department of Water Resources (Director) to investigate all uses of water from the water system and prepare a report of water rights, and directing all claimants of water rights from the water system to file a notice of claim to a water right with the Director unless claimants elect to defer the adjudication of domestic and stock water rights as defined by Idaho Code § 42-1401A(4) and (11). The Petition asks the court to determine the boundaries of the water system to be adjudicated in this action. The Director proposes to adjudicate that portion of the Clark Fork-Pend Oreille River basins within the state of Idaho. A map illustrating the Clark Fork-Pend Oreille River basins water system and the proposed boundaries of the water system to be adjudicated is included in this notice. The Petition lists the counties within the proposed boundaries of the water system and states that a portion of each county is within the proposed boundaries. There are no counties wholly contained in the proposed boundaries. The Petition asks the court to require persons holding a permit for which proof of beneficial use was filed on or prior to the date the commencement order is issued to file a notice of claim. The Petition asks the court to enter an order establishing a procedure to defer the adjudication of domestic and stock water rights as defined by Idaho Code § 42-1401A(4) and (11). The Director's proposed process for the deferral of domestic and stock water rights is presented below. The Petition asks the court to approve the manner in which the Director proposes to conduct the second round of notifying claimants of their duty to file a notice of claim. The first round of notice is described in Idaho Code § 42-1408(2)-(3); the second round of notice is described in Idaho Code § 42-1408(4). In response to the Petition, the district court will determine the following matters, among others: a. The boundaries of the water system; b. Whether the boundaries of the water system as proposed by the Petition are in compli ance with the terms of the McCarran Amendment; c. Whether the proposed deferral procedure (below) for the adjudication of domestic and stock water rights as defined by Idaho Code § 42-1401A(4) and (11) is in compliance with the terms of the McCarran Amendment; d. Any other uses of water excluded from the adjudication proceedings; and e. Any other matter raised by the Petition. THE DISTRICT COURT WILL HEAR EVIDENCE AND ARGUMENTS FROM ANY PERSONS IN RESPONSE TO ANY MATTER RAISED BY THE PETITION. ANY PERSON WISHING TO PRESENT EVIDENCE OR ARGUMENT AT THE COMMENCEMENT HEARING MUST COMPLY WITH CERTAIN PROCEDURES ORDERED BY THE DISTRICT COURT. The procedures are set forth in the Order Setting Commencement Hearing and Procedures for Hearing, issued by the district court on October 26, 2020. The Order addresses the requirements for the Commencement Hearing, including the following: 1. Each attorney who represents a person interested in the Clark Fork-Pend Oreille River Basins Adjudication or interested party acting pro se (representing yourself without an attorney) who intends to present evidence or argument at the Commencement Hearing shall file a Notice of Appearance with the district court on or before 5:00 P.M. PT, Janu ary 14, 2021. 2. Each attorney or pro se litigant who intends to present evidence shall also file a pr e-hearing statement with the district court on or before 5:00 P.M. PT, January 14, 2021. The pre-hearing statement shall include: a. A statement of issues raised; b. A list of documents to be offered into evidence; c. A list of witnesses; and d. The estimated amount of time needed for direct examination of each witness. 3. Each attorney or pro se litigant who intends to present legal argument shall also lodge with the district court a brief or memorandum of law in support of that attorney's or pro se litigant's legal argument on or before 5:00 P.M. PT, January 14, 2021. 4. Each attorney or pro se litigant shall serve the State of Idaho via the Office of the Attor ney General, the Director and the United States with any papers filed or lodged with the district court on or before 5:00 p.m. PT, January 14, 2021. The addresses for service are as follows: a. Chief, Natural Resources Division Office of the Attorney General State of Idaho PO Box 83720 Boise, ID 83720-0010 b. Director, Idaho Department of Water Resources PO Box 83720 Boise, ID 83720-0098 c. United States Department of Justice Environment & Natural Resources Division 550 West Fort Street, MCS 033 Boise, ID 83724 5. All filings and lodgings with the district court shall be made with the clerk of the district court under the above-captioned case number and title. The address for filing and lodg ing is as follows: Clark Fork-Pend Oreille River Basins Adjudication c/o SRBA District Court PO Box 2707 Twin Falls, ID 83303-2707 6. Fax filing is also available pursuant to Rule 5(d)(3) of the Idaho Rules of Civil Proce dure, though faxed documents are limited to ten (10) pages, including attachments and exhibits. Documents can be fax filed at (208) 736-2121. 7. The district court may relieve any attorney or any pro se litigant from the requirements of the Order for good cause shown. Copies of the Petition and the Order may be obtained at https://idwr.idaho.gov/water-rights/adjudication/NIA/CFPRBA.html or from any office of the Idaho Department of Water Resources (IDWR) or from the district court. PROPOSED PROCESS TO DEFER THE ADJUDICATION OF DOMESTIC AND STOCK WATER RIGHTS: All claimants of de minimis (small) domestic and/or stock (D&S) water rights as defined in Idaho Code § 42-1401A(4) and (11) shall be joined as parties in this proceeding and shall be bound by all decrees entered in this case, including the final decree. Any objection to any and all claims being adjudicated in this proceeding, including those of a D&S claimant, must be timely raised in accordance with Idaho Code § 42-1412 or be forever barred. Water users of D&S rights may elect to file a Notice of Claim at the time of commencement of the Clark Fork-Pend Oreille River Basins Adjudication or defer (postpone) the filing. If a D&S claimant elects to have the claim adjudicated now, then the D&S claimant must file a notice of claim (Idaho Code § 42-1409) and pay any fees (Idaho Code § 42-1414). Election to defer will not result in a loss of the D&S water right nor will a D&S claimant be prevented from making a D&S claim in the future. The owner of a D&S water right who elects to defer the filing of a Notice of Claim will be required to have the water right adjudicated prior to the water right being distributed by a watermaster (Idaho Code § 42-607) and/or before an application for change of the water right may be filed with IDWR (Idaho Code § 42-222). Water right holders who choose to delay filing on D&S water rights will be required to file a motion for determination of the use (motion), with an attached notice of claim, in order to obtain an adjudicated water right. Notice of the motion and information describing the claim must be published by the claimant for at least three (3) weeks in a newspaper of general circulation in the county where the point of diversion is located. In addition, claimant must serve the motion and claim on the Director, the State of Idaho, the United States, and persons against whom relief is sought. Service upon the United States must be via certified mail to the United States Attorney for the District of Idaho and the United States Attorney General in Washington, D.C. Any party can object to the claim by filing written notice of the objection with the district court within forty-five (45) days from the date of the first publication of the notice. A copy of the objection shall be served on the State of Idaho, Director, United States, the person whose claim is being objected to, and all persons who have appeared in response to the motion. Within thirty (30) days of the objection deadline, the Director will file a notice with the court stating whether the Director will examine the deferred D&S claim and whether the Director will prepare a report on the claim to the district court. The Director's notice will contain the Director's estimated costs, due from the claimant, for examination of the claim and preparation of the report. The notice will also contain the Director's approximation of time for filing the report. Prior to filing the report, the D&S claimant shall pay the balance of the Director's costs or be refunded by the Director any unused advanced estimated costs. If the D&S claimant contests the Director's costs, the district court shall determine a reasonable cost to be paid by the claimant. Deferrable domestic claimants are also required to pay their own filing fees. The Director will investigate the claim and submit the report to the court with copies to the State of Idaho, United States, all parties who filed objections, and all parties against whom relief is sought. The court will then set objection and response deadlines and set a hearing (Idaho Code § 42-1412). If the Director notifies the court that the Director does not intend to prepare a report, then the district court will proceed with a hearing and any party who timely objected may appear and challenge the D&S motion and claim. The district court may order the Director to prepare a report after a hearing on the motion and D&S claim. Proof of service is required for any motion under this deferred procedure. Claimant must certify the date and manner of service of the motion on the State of Idaho, Director, United States, and persons against whom relief is sought. Appeals of any orders or decrees entered under the deferred procedure are governed by the rules applicable to appeals of orders in the Clark Fork-Pend Oreille River Basins Adjudication. The district court retains continuing jurisdiction of the subject matter in this proceeding and the parties to the proceeding for the purpose of adjudicating deferred D&S claims. The proposed process above meets the requirements of the McCarran Amendment, 43 U.S.C. § 666, because all water users, including those claiming de minimis D&S rights, will be served and made parties to this adjudication, and will eventually have their rights adjudicated, either in this phase of the proceeding or pursuant to the proposed procedures set forth in this notice. DATED this 4th day of November, 2020. Gary Spackman, Director Idaho Department of Water Resources HOW TO ACCESS THE HEARING USING ZOOM:
NOTICE OF TRUSTEE'S SALET.S. No.091006-ID Parcel No.: RP62N01E290160A On 3/15/2021 at 2:00 PM (recognized local time), IN THE AUCTION.COM ROOM OF THE BOUNDARY COUNTY COURTHOUSE, 6452 KOOTENAI STREET, BONNERS FERRY, ID 83805, in the County of Boundary, SYDNEY K. LEAVITT, ESQ., a member of the State Bar of Idaho, of ALDRIDGE PITE, LLP 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 the County ofBoundary, State of Idaho, and described as follows, to wit:COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 61 NORTH, RANGE 1 EAST, BOISE MERIDIAN, BOUNDARY COUNTY, IDAHO, WHICH IS POINT OF BEGINNING;THENCE, SOUTH 0°4'EAST 382.9 FEET;THENCE, SOUTH 89°58'EAST 530.6 FEET TO THE NORTHWEST RIGHT OF WAY LINE OF A 60.0 FOOT RIGHT OF WAY EASEMENT;THENCE, NORTH 32°24'EAST 150.0 FEET;THENCE, SOUTH 61° EAST 60.0 FEET TO THE NORTHWEST RIGHT OF WAY LINE OF STATE HIGHWAY NO. 95 (AS IT EXISTED SEPTEMBER 1, 1992);THENCE, NORTH 32° 24'EAST 332.5 FEET TO SECTION LINE;THENCE, NORTH 89° 58'WEST 849.22 FEET ON THE SECTION LINE TO POINT OF BEGINNING.The Trustee has no knowledge of a more particular description of the above referenced real property, but for purposes of compliance with Idaho Code Section 60-113, the Trustee has been informed that the address of: 21 POT HOLE ROAD, NAPLES, ID 83847, is commonly associated with said real property.Said sale will be made without covenant or warranty, express or implied, 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 ALCIETE HARLESS AND JAMES HARLESS, WIFE AND HUSBAND, AS COMMUNITY PROPERTY, WITH RIGHT OF SURVIVORSHIP, as Grantor(s), to FIRST AMERICAN TITLE INSURANCE COMPANY, as Trustee, for the benefit and security ofMORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS BENEFICIARY, AS NOMINEE FOR USAA FEDERAL SAVINGS BANK, ITS SUCCESSORS AND ASSIGNS, as Beneficiary, dated 7/2/2018, recorded 7/2/2018, as Instrument No. 274581, official records ofBoundary County, Idaho. Please note: The above named Grantors are named to comply with Idaho Code Section 45-1506(4)(a); no representation is made that they are, or are not, presently responsible for the obligation.The default for which this sale is to be made is the failure to make monthly payments when due from 9/1/2019 and all subsequent monthly payments thereafter, including installments of principal, interest, impounds, advances, plus any charges lawfully due under the note secured by the aforementioned Deed of Trust, Deed of Trust and as allowed under Idaho Law.The sum owing on the obligation secured by said Deed of Trust as of 10/28/2020 is $162,592.04 including interest, costs, fees, including trustee and/or attorney fees and costs, and expenses actually incurred in enforcing the obligation thereunder or in this sale and to protect the security associated with the Deed of Trust, as authorized in the Note, Deed of Trust or as allowed under Idaho Law.Because interest, late charges, fees, costs and expenses continue to accrue, the total amount due varies from day to day.Hence, if you pay the amount shown above, an adjustment may be necessary after receipt of funds to satisfy the debt. For further information, write the Trustee at 4375 Jutland Drive, Ste. 200, San Diego, CA 92117, or call (866)931-0036DATED: 10/28/2020SYDNEY K. LEAVITT, ESQ., a member of the State Bar of Idaho, of ALDRIDGE PITE, LLP BFH#10515/AD#417013 NOVEMBER 19, 26, DECEMBER 3, 10, 2020
NOTICE TO CREDITORS (I.C. 15-3-801) IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNER MAGISTRATE DIVISION In the Matter of the Estate of LAWRENCE A. GLAHE, Deceased. CASE NO. CV09-20-1272 NOTICE IS HEREBY GIVEN that JACKIE L. GLAHE 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 (4) months after the date of the first publication of the Notice to Creditors, or within sixty (60) days after the undersigned mailed or delivered a copy of this Notice to such person, whichever is later, or said claims will be forever barred. Claims must be presented to Thomas A. Bushnell, Attorney at Law, P.O. Box 1833, Bonners Ferry, Idaho 83805, and filed with the Clerk of Court. DATED this 9th day of November, 2020. /s/ Thomas A. Bushnell Attorney for the Estate BFH#10525/AD#419330 NOVEMBER 19, 26, DECEMBER 3,2020
NOTICE TO CREDITORS (I.C. 15-3-801) IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BOUNDARY MAGISTRATE DIVISION In the Matter of the Estate of: RUTH LOCKE NELSON Deceased. Case No. CV11-20-406 NOTICE IS HEREBY GIVEN that SUZANNE ARBO has been appointed Personal Representative of the estate of the above-named decedent. All persons having claims against the decedent or the estate are required to present their claims within four (4) months after the date of the first publication of the Notice to Creditors, or within sixty (60) days after the undersigned mailed or delivered a copy of this Notice to such person, whichever is later, or said claims will be forever barred. Claims must be presented to Timothy B. Wilson, Attorney at Law, P.O. Box 3009, Bonners Ferry, Idaho 83805, and filed with the Clerk of Court. DATED this 18th day of November, 2020. TIMOTHY B. WILSON Attorney for the Estate BFH#10530/AD#420845 NOVEMBER 26, DECEMBER 3, 10, 2020
NOTICE TO CREDITORS (I.C. 15-3-801) IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BOUNDARY MAGISTRATE DIVISION In the Matter of the Estate of: RAYMOND LEE HARRIS, Deceased. Case No. CV11-20-0405 NOTICE IS HEREBY GIVEN that HEATHER BOGERT has been appointed Personal Representative of the estate of the above-named decedent. All persons having claims against the decedent or the estate are required to present their claims within four (4) months after the date of the first publication of the Notice to Creditors, or within sixty (60) days after the undersigned mailed or delivered a copy of this Notice to such person, whichever is later, or said claims will be forever barred. Claims must be presented to Timothy B. Wilson, Attorney at Law, P.O. Box 3009, Bonners Ferry, Idaho 83805, and filed with the Clerk of Court. DATED this 18th day of November, 2020. /S/ TIMOTHY B. WILSON Attorney for the Estate BFH#10531/AD#421288 NOVEMBER 26, DECEMBER 3, 10, 2020