Gery W. Edson GERY W. EDSON, P.A. 250 South Fifth Street, Suite 820 P. O. Box 448 Boise, ID 83701-0448 Telephone: (208) 345-8700 Fax: (208) 389-9449 Email: gedson@gedson.com ID Bar No. 2984 Attorney for Plaintiffs IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF CANYON RAY AND SUSAN MONTIERTH, ) Husband and Wife, ) Case No. CV-2012-5391 ) Plaintiff, ) ) NOTICE OF SALE vs. ) ) L205-1 ID BEAR LANE, LLC, a ) Washington limited liability company; ) CENTRUM FINANCIAL SERVICES, ) INC., a Washington Corporation; EQUITY ) FUNDING, LLC, a Washington limited ) Liability company; U.S. BANK NATIONAL ) ASSOCIATION; BINGO INVESTMENTS, ) LLC, a Washington limited liability ) Company; AVATAR INCOME FUND I, ) LLC, a Delaware limited liability company; ) WELLS FARGO CAPITAL FINANCE, INC.) a California corporation f/k/a Wells Fargo ) Foothill, Inc.; KEY BANK NATIONAL ) ASSOCIATION; MOVADO ) INVESTMENTS, LLC, a Washington ) Limited liability company; and PATRICK ) McCOURT and STEPHANIE McCOURT, ) husband and wife, ) ) Defendants. ) ) NOTICE IS HEREBY GIVEN THAT under and by virtue of an Amended Order of Sale of Foreclosure filed with the Court on the 16 th day December, 2016, out of and under the seal of the above-entitled Court on a Judgment and Decree of Foreclosure recovered in said Court in the NOTICE OF SALE - Page 1
above-captioned action on the 12 th day of May, 2014, in favor of the above-named Plaintiffs, I am commanded and required to proceed to notice for sale and to sell at public auction the property described in said Amended Order of Sale and to apply the proceeds of such sale to the satisfaction of said Judgment and Decree of Foreclosure with interest thereon and my fees and costs. The Defendants/Redemptioners shall have the right of redemption as set forth in Idaho Code 11-310 and 11-401, et. seq., for a period of one year from the date of sale to redeem the property by paying the purchaser, the amount paid to purchase at the Sheriff s sale, together with interest thereon at the rate allowed by Idaho Code 28-22-104(i) from the date of sale plus other costs and taxes as allowed by law and the rules applicable to foreclosures to be paid in lawful money of the United States, Idaho Code 11-402. The property directed to be sold is situated in Canyon County, Idaho, and consists of a series of parcels of land aggregating approximately 195 acres, more or less, and previously referred to as Bear Lane/Farmway. Said property is bounded by Bear Lane, Farmway, Ustick and Homedale Roads, Caldwell, Idaho, and is more particularly described in Exhibit A attached hereto. NOTICE IS FURTHER HEREBY GIVEN, that on the 15 th day of February, 2017, at the hour of 9:00 o clock a.m. at the location of the Main Lobby of the Canyon County Courthouse, 1115 Albany St., Caldwell, Idaho 83605, I will offer and sell at public auction, to the highest bidder therefor, in lawful money, 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 Decree of Foreclosure as set out in said Amended Order of Sale. NOTICE OF SALE - Page 2
DATED: This 5 th day of January, 2017 KIERAN DONAHUE, SHERIFF CANYON COUNTY By: T. Krein #5988 Civil Deputy PLAINTIFF HAS THE RIGHT TO SUBMIT A CREDIT BID. SALE MAY BE CANCELLED WITHOUT NOTICE. NOTE: THE SHERIFF S OFFICE DOES NOT GUARANTEE CLEAR TITLE OR GUARANTEE CONTINUED POSSESSORY RIGHTS. THE CANYON COUNTY SHERIFF S OFFICE DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN THE ADMISSION OF OR ACCESS TO, OR PARTICIPATION IN ITS PROGRAMS OR ACTIVITIES. REQUEST FOR REASONABLE ACCOMMODATION MUST BE MADE NO LESS THAN 48 HOURS BEFORE THE SCHEDULED SALE. REQUEST FOR REASONABLE ACCOMMODATION FORMS ARE AVAILABLE FROM THE SHERIFF S OFFICE, 1115 ALBANY STREET, CALDWELL, IDAHO. NOTICE OF SALE - Page 3
EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Parcel A: This parcel is a portion, of Tract 12 and Tract 13 and the vacated street lying North of said Tracts 12 and 13 as shown on the official. Plat of Orchard Heights, Canyon County, Idaho, according to the official plat thereof, filed in Book 2 of Plats at Page 38, records of said County, lying in the Southeast Quarter of the Northwest Quarter of Section 4, Township 3 North, Range 3 West, Boise Meridian, and being more particularly described as follows: Commencing at the Southeast corner of said Southeast Quarter of the Northwest Quarter as shown on said plat, a found 5 / 8 inch rebar; thence North 0 21'34" West along the East boundary of said Southeast Quarter of the Northwest Quarter a distance of 25.00 feet; thence South 89 01'30" West parallel with the South boundary of said Southeast Quarter of the Northwest Quarter a distance of 25.00 feet to the Southeast corner of Tract 15 of said Orchard Heights; thence North 0 21'34" West along the East boundary of said Tract 15, a distance of 306.42 feet to the Southeast corner of said Tract 12, said point being the TRUE POINT OF BEGINNING; thence South 89 01'43" West a distance of 1,277.62 feet to the. Southwest corner of said Tract 13; thence North 0 17'41" West a distance 331.51 feet to a point in the centerline of the platted street vacated by Instrument No. 139895, of Official Records, said point being a found 5 / 8 inch diameter rebar; thence North 89 01'56" East along said centerline, a distance of 936.68 feet to a ½ x 24 inch rebar set with a plastic cap stamped L.S. 3627; thence South 0 30'37" East a distance of 177.92 feet to a 1 / 2 x 24 inch rebar set with a plastic cap stamped L.S. 3627; thence North 89 01'58" East a distance of 340.10 feet to a point on the East boundary of said Tract 12, a ½ x 24 inch rebar set with a plastic cap stamped L.S. 3627; thence South 0 21'34" East along the said East boundary, a distance of 153.49 feet to the TRUE POINT OF BEGINNING. Parcel B: Parcel I: A parcel of land located in the Southwest Quarter, Section 4, Township 3 North, Range 3 West, Boise Meridian, Canyon County, Idaho, more particularly described as follows: COMMENCING at the Northwest corner of the Southwest Quarter of said Section 4; thence North 89 23' 03" East 1,043.05 feet to a point and the REAL POINT OF BEGINNING; thence North 89 23' 03" East 286.92 feet to a point, from which the Northeast corner of the Southwest Quarter of said Section 4 bears North 89 23' 03" East 1,329.97 feet; thence South 0 02' 29" EXHIBIT A 1 NOTICE OF SALE - Page 4
East 1,325.45 feet to a point; thence North 89 21' 59" East 664.00 feet to a point; thence South 0 00' 11" West 663.44 feet to a point; thence South 89 19' 28" West 663.49 feet to a point; thence South 0 02' 29" East 223.68 feet to a point; thence South 89 25' 19" West 1,326.53 feet to a point, from which the Southwest corner of said Section 4 bears South 0 07' 49" East 440.00 feet; thence North 0 07' 49" West 1,816.87 feet to a point, from which the Northwest corner of said Section 4 bears North 0 07' 49" West 395.27 feet; thence North 89 23' 03" East 1,043.05 feet to a point; thence North 0 07' 49" West 395.27 feet to the REAL POINT OF BEGINNING. EXCEPTING THEREFROM a right-of-way disclosed by instrument recorded June.23, 1932 as Instrument No. 193182, of Official Records. Parcel II: A portion of Government Lot 4 of Section 4, Township 3 North, Range 3 West, Boise Meridian, Canyon County, Idaho, more particularly described as follows; BEGINNING at the Northwest corner of said Government Lot 4; thence South 89 45' 10" East along the North boundary of said Government Lot 4 a distance of 183.58 feet; thence South 14 25' 28" East a distance of 195.79 feet; thence South 35 08' 34" East a distance of 464.50 feet; thence North 81 40' 02" East a distance of 759.30 feet to a point on the Westerly boundary of the exception described in the Warranty Deed filed as Instrument No. 9009782, records of Canyon County, Idaho; thence South 22 06' 18" East along said boundary a distance of 59.79 feet; thence South 89 45' 10" East along the South boundary of said parcel a distance of 53.10 feet to a point on the East boundary of said Government.Lot 4; thence South 0 19' 00" West along said East boundary a distance of 932.52 feet to the Southeast coiner of said Government Lot 4; thence South 89 38' 59" West along the South boundary of said Government Lot 4 a distance of 1,328.62 feet to the Southwest corner of said Government Lot 4; thence North 0 16' 51" East along the West boundary of said Government Lot 4 a distance of 1,456.48 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM a right-of-way disclosed by instrument recorded August 2, 1932 as Instrument No. 193624, of Official Records. EXHIBIT A 2 NOTICE OF SALE - Page 5
Parcel C: Parcel I: Lots 14 and 15 of Orchard Heights, Canyon County, Idaho, according to the official plat thereof, filed in Book 2 of Plats at Page 28, records of said County TOGETHER WITH one-half vacated street on the South adjacent to said Lots. Parcel II: The Northeast Quarter of the Northeast Quarter of the Southwest Quarter of Section 4, Township 3 North, Range 3 West, Boise Meridian, Canyon County, Idaho. EXCEPTING a right of way for a road 16 feet wide off the North side of said tract and that part of the West half of the Northeast quarter of the Southwest quarter of said Section 4, bounded as follows: Beginning at a point 16 feet South of the Northeast corner of the Northwest Quarter of the Northeast Quarter of the Southwest Quarter of said Section 4; thence South a distance of 644 feet; thence West a distance of 177 feet to the centerline of the Pioneer Lateral; thence North along the centerline of the Pioneer Lateral a distance of 644 feet; thence East a distance of 173 feet to the PLACE OF BEGINNING. AND ALSO EXCEPTING THEREFROM a parcel of land being located in the Northeast quarter of the Northeast quarter of the Southwest quarter of Section 4, Township 3 North, Range 3 West, Boise Meridian, Canyon County, Idaho, and more particularly described as follows: Commencing at the quarter corner of said Section 4; thence South 89 23'00" West, a distance of 25 feet along the North boundary of said Northeast quarter of the Northeast quarter of the southwest quarter to the POINT OF BEGINNING; thence continuing South 89 23'00" West, a distance of 250.00 feet along said North boundary; thence South 0 0 00'30" East, a distance of 200.00 feet parallel with the East boundary of said Northeast quarter of the Northeast quarter of the Southwest quarter; thence North 89 0 23'00" East, a distance of 250.00 feet parallel with the North boundary of said Northeast quarter of the Northeast quarter of the Southwest quarter; thence North 0 00'30" West, a distance of 200.00 feet parallel with the East boundary of said Northeast quarter of the Northeast quarter of the Southwest Quarter to the POINT OF BEGINNING. EXHIBIT A 3 NOTICE OF SALE - Page 6
Parcel III The West Half of the Northeast Quarter of the Southwest Quarter of Section 4, Township 3 North, Range 3 West, Boise Meridian, Canyon County, Idaho. ALSO commencing at the Northeast corner of the Northwest Quarter of the Northeast Quarter of the Southwest Quarter of said Section 4 and running thence East along the North line of said Northeast Quarter of the Southwest Quarter a distance of 660 feet, more or less, to the Northeast corner of said Northeast Quarter of the Southwest Quarter; thence South a distance of 16 feet; thence West a distance of 660 feet, more or less, to a point 16 feet South of the PLACE OF BEGINNING; thence North a distance of 16 feet to the PLACE OF BEGINNING. EXCEPTING THEREFROM COMMENCING at a point 16 feet South of the Northeast corner of the Northwest Quarter of the Northeast Quarter of the Southwest Quarter of said Section 4; thence South a distance of 644 feet; thence West a distance of 177 feet to the centerline of the Pioneer Lateral; thence North along the centerline of the Pioneer Lateral a distance of 644 feet; thence East a distance of 173 feet to the PLACE OF BEGINNING. ALSO EXCEPTING THEREFROM the right of way Of the Caldwell Interurban Railway Company, Limited, as described in Deed recorded June 9, 1907 in Book 34 of Deeds, Page 234, records of Canyon County, Idaho. EXHIBIT A - 4 NOTICE OF SALE - Page 7