Tuesday, December 30, 2025
21.0°F

Legals June 23, 2012

Coeur d'Alene Press | UPDATED 13 years, 6 months AGO
| June 23, 2012 12:00 AM

9-12 NOTICE OF TRUSTEE'S SALE At 10:00 o'clock A.M. (recognized local time) on September 25, 2012, in the Office of First American Title Company, Inc., located at 1866 N Lakewood Drive in Coeur d' Alene, Idaho, First American Title Company Inc., as Successor 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 Kootenai County, Idaho, and described as follows, to-wit: Lots 1 and 4, Block 2, Village at Riverstone, according to the Plat recorded in Book K of Plats, Page 53, records of Kootenai County, Idaho. AND Units 100 and 101, Building "A", Village of Riverstone Condominiums, as shown on the Plat recorded in Book K of Plats, Page 111, Together with the common elements as identified and described in that Condominium Declaration recorded in the records of Kootenai County, Idaho, as Instrument No. 2142852000. 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 addresses of 1579 W. Riverstone Drive, Coeur d' Alene, ID 83814 and 2129, 2145, 2151, 2157, 2161, 2165, 2169, 2171, and 2175 N. Main St., Coeur d.Alene, ID 83814, and Parcel Numbers CK11100A1000, CK11100A1010, CK0530020010 and CK0530020040 are 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 Construction Loan Trust Deed, Assignment of Rents, Security Agreement and Fixture Filing executed by, Riverstone Center West, LLC, Washington limited liability company, as Grantor(s), First American Title Company, as Trustee, for the benefit and security of, Zions First National Bank, a national banking association, as Beneficiary; said Construction Loan Trust Deed, Assignment of Rents, Security Agreement and Fixture Filing was recorded January 11, 2007 as Kootenai County Recorder's Instrument No. 2077125000. The beneficial interest was later assigned to U.S. Bank National Association, a national banking association by Beneficiary.s Assignment of its interest in Construction Loan Trust Deed, Assignment of Rents, Security Agreement and Fixture Filing, recorded December 17, 2007 as Instrument No. 2136367000, Supplemental Deed of Trust recorded as Instrument No. 2135246000 and amended by Amendment to Construction Loan Trust Deed, Assignment of Rents, Security Agreement and Fixture Filing as Instrument Numbers 2136370000, 2194700000, 2212497000, 2229361000, 2249760000. The default for which this sale is to be made is as follows: Failure to pay the entire balance of principal, plus accrued interest thereon, on or before the extended maturity date of August 31, 2010; 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 March 21, 2012 there is due and owing on the loan an unpaid principal balance of $3,307,626.14, accrued interest in the amount of $39,811.19 for a total amount due of $3,347,437.33. Interest continues to accrue on the Note at the rate of 4.000% per annum with a per diem rate of $367.51402 after March 21, 2012. 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. Beneficiary has elected and hereby elects to proceed as to both the personal property and the real property in accordance with the rights with respect to the real property, pursuant to the provisions of Idaho Code Section 28-9-604(a) (2) and to include in the non-judicial foreclosure of the estate described in the Deed of Trust all of the personal property, rights and fixtures described in the Deed of Trust as described in Exhibit A attached hereto and made a part hereof. Beneficiary reserves the right to revoke its election as to some or all of said personal property, rights and/or fixtures, or to add additional personal property, rights and/or fixtures to the election herein expressed, at Beneficiary.s sole election, from time to time and at any time until the consummation of the trustee.s sale to be conducted pursuant to the Deed of Trust and the Notice of Trustee.s Sale. No Warranty is made that any or all of the personal property, rights or fixtures still exist or are available for the successful bidder and no warranty is made as to the condition of any of the personal property, rights or fixtures, which shall be sold .AS IS., . WHERE IS., and .WITH ALL FAULTS.. The property offered for sale excludes all funds held on account by the property receiver, if applicable. This is an attempt to collect a debt and any information obtained will be used for that purpose. DATED May 25, 2012 FIRST AMERICAN TITLE COMPANY, INC., SUCCESSOR TRUSTEE /s/Marti Ottley, Trust Officer \u2020EXHIBIT A \u2020 Any and all personal property, rights and fixtures as described in the Deed of Trust, including, without limitation, the following: \u2020 (a) All goods and inventory, specifically including, without limitation, materials, furnishings and supplies, whether stored on or off the property described in the Deed of Trust (the "Property"), delivered to the Property for incorporation or use in any construction, renovation, operation or maintenance of the Property or the Improvements (as defined in the Deed of Trust), supplies, furnishings, construction materials, equipment, vehicles, machinery, appliances, including attached and unattached appliances, and other tangible personal property and fixtures located in or upon the Property or the Improvements and used or useable in the construction, reconstruction, remodeling, or repair of any of the Improvements now located upon the Property; \u2020 (b) All furniture, fixtures and equipment, as equipment is defined in the Uniform Commercial Code, wherever located, and all related right, title and interest of Grantor, all proceeds and products of the foregoing and all additions and accessions to, replacements of, insurance or condemnation proceeds of, and documents covering any of the foregoing, all leases of any of the foregoing, and all rents, revenues, issues, profits and proceeds arising from the sale, lease, license, encumbrance, collection, or any other temporary or permanent disposition of any of the foregoing or any interest therein; \u2020 (c) \u2020All architectural, engineering, development, construction and construction cost guarantee contracts or bonds entered into in connection with the improvement of the Property, all plans and specifications, building or use permits, subdivision plats and any related subdivision development requirements and specifications prepared by the engineer and architect thereunder, relating to the construction, development, ownership or maintenance of the Property or the Improvements; \u2020 (d) \u2020All engineering reports, surveys, soil reports and other documents relating to the Property; (e) \u2020All modifications, parts, accessories, and accessions to each and all of the foregoing and all renewals and replacements thereof; \u2020 (f)\u2020\u2020 All contracts, permits, franchises, privileges, grants, consents, licenses, authorizations, and approvals heretofore granted by the United States, by the State of Idaho or by any departments or agencies thereof or any other governmental or public bodies, agencies or authorities, to or for the benefit of Grantor and utilized in connection with the Property and the Improvements thereon, to the extent the same are transferable and subject to all terms, covenants and conditions thereof and to applicable law; \u2020 (g) \u2020All names under or by which the Property or any of the Improvements may have at any time been operated or known, and all rights to carry on business under any such names or any variant thereof, and all service marks, trademarks and goodwill in any way relating to Grantor's ownership and operation of the Property; \u2020 (h) \u2020All contracts, contract rights, rights to payment, general intangibles, documents, instructions, accounts, water stock arising in connection with Grantor's ownership, legal or equitable claims, judgments, and awards accruing to the benefit of Grantor respecting the Property and the Improvements, specifically including, without limitation, all architectural, development and \u2020construction contracts, and all construction cost guarantee contracts relating to the Property or the Improvements; \u2020 (i) \u2020All shares of stock, partnership interests, or other evidence of ownership of any part of the Property or the Improvements that are owned by Grantor in common with others; \u2020 (j) \u2020All documents and rights of membership in any owners' or members' association or similar group having responsibility for managing or operating any part of the Property; \u2020 (k)\u2020 All of Grantor's Developer's rights as that term is defined in the Deed of Trust, subject to, among other things, the Beneficiary's right to accept the same in a writing which is recorded in the public records of Kootenai County, Idaho; \u2020 (l) \u2020All amendments, modifications, additions, accessions, substitutions, replacements and renewals to any of the foregoing and all proceeds of the foregoing, whether voluntary or involuntary, including, without limitation, insurance proceeds; \u2020 (m)\u2020 All awards made for the taking by eminent domain or by any proceeding or purchase in lieu thereof of the Property or any portion of the Property, the Improvements or any portion of the Improvements, or of any other Improvements now situate thereon or any estate or easement in the Property (including any awards for change of grade of streets); \u2020 (n) \u2020All insurance policies and all proceeds of insurance paid on account of any partial or total destruction of the Improvements or any portion thereof; \u2020 (o)\u2020 All causes of action and recoveries for any loss or diminution in the value of the Property or the Improvements; \u2020 (p)\u2020 All Plans and any and all replacements, modifications, and amendments thereto and any and all contracts, agreements or commitments between Grantor and any utility company, water company or user association, or telephone company, to furnish electricity, natural gas or oil, telephone, sewer, water or other such services, or to provide hook-ups, connections, lines or other necessary taps to the Property and the Improvements thereon. \u2020 (q)\u2020 All proceeds of the loan made by Beneficiary to Grantor for construction of the Improvements, which proceeds are held by Beneficiary, whether or not disbursed, and all reserves, deferred payments, deposits, refunds, cost savings, and payments of any kind relating to the construction of the Improvements; \u2020 (r)\u2020 All right, title, interest and estate of Grantor under any other contract, subcontract or agreement, for the construction and completion of the Improvements and all contracts and agreements which have been entered into relating to the construction, development, sale, lease, operation, or use of all or a portion of the Property or the Improvements, and all governmental licenses or permits obtained for the lawful construction of the Improvements; \u2020 (s)\u2020 All accounts of Grantor, including all accounts as defined in the Idaho Uniform Commercial Code, as amended, established in connection with or by reason of Grantor's ownership, construction, development, sale, lease, operation or use of the Property or the Improvements, and all documentation and supporting information related to any of the foregoing, all rents, profits and issues thereof, and all proceeds thereof; \u2020 (t)\u2020 All documents of Grantor, including all documents as defined in the Idaho Uniform Commercial Code, as amended, arising from or issued or prepared in connection with Grantor's ownership, construction, development, sale, lease, operation or use of the Property or the Improvements, and all documentation and supporting information related to any of the foregoing, all rents, profits and issues thereof, and all proceeds thereof; \u2020 (u)\u2020\u2020 All instruments of Grantor, including all instruments as defined in the Idaho Uniform Commercial Code, as amended, arising from or issued or prepared in connection with Grantor's ownership, construction, development, sale, lease, operation or use of the Property or the Improvements, and all documentation and supporting information related to any of the foregoing, all rents, profits and issues thereof, and all proceeds thereof; (v)\u2020 All general intangibles of Grantor, including general \u2020intangibles as defined in the Uniform Commercial Code, choses in action, proceeds, contracts, distributions, dividends, refunds, security deposits, judgments, insurance claims, any right to payment of any nature, intellectual property rights or licenses, any other rights or assets of Grantor customarily or for accounting purposes classified as general intangibles, and all documentation and supporting information related to any of the foregoing, all rents, profits and issues thereof, and all proceeds thereof;\u2020 and \u2020 (w)\u2020 All leases and subleases, of all or any portion of the Property or the Improvements and all lease agreements, letters of intent to lease, and documents evidencing the same; and all right, title and interest of Grantor thereunder, including, without limitation, all rents, subrents, room rents and other amounts received for use of any rooms on the Property, including the Improvements, and any and all room rental agreements and arrangements now owned by Grantor, and all proceeds from such leases, rents, subrents, room rents, issues, royalties, security deposits, income and profits of and from the Property, the Improvements, or any portion thereof.\u2020 Legal 5503 June 2, 9, 16, 23, 2012

CASE NO. CV12-3977 NOTICE TO CREDITORS IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI In the Matter of the Estate of: EDITH R. McCREA, Deceased. Notice is hereby given that Stephen B. McCrea of PO Box 1501, Coeur d'Alene, Idaho 83816, has been appointed personal representative of the above named decedent. All persons having claims against the decedent or his estate are required to present their claims within four (4) months after the date of the first publication of this notice or said claims will be forever barred. Claims must either be presented to the personal representative or filed with the Clerk of the Court. DATED this 1st day of June, 2012. /s/ STEPHEN B. McCREA Personal Representative Legal 5550 June 9, 16, 23, 2012