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The Preston Citizen
Preston , Idaho
February 19, 2003     The Preston Citizen
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February 19, 2003

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WEDNESDAY, FEBRUARY 19, 2003 - THE CITIZEN - 7 TRUE POINT OF BEGIN- State of Idaho ) Section 27: Commencing at ing fence line to a point on the and security of TMS Mortgage NING; thence West 33 feet, a point 92 rods South and 124 Easterly city limits line said Inc, dba The Money Store, as thence South 49.5 feet, thence County of Franklin I ss. rods 2-4/10 feet West of the point also being on the East Beneficiary, dated 8/26/1997, East 33 feet, thence North 49.5 Northeast corner of Section 27, right of way line of 9th East, recorded 9/2/1997, under In- feet to the TRUE POINT OF On this 27th day of Janu- and running thence North 150 the True Point of Beginning; strument No. 199962, Mort- BEGINNING. ary, 2003, before me, a Notary feet; thence West 24 feet, more Thence North 8931'11" gage records of Franklin Coun- Public, personally appearedor less, to a platted street; East 628.91 feet along saidty, ldaho, the beneficial interest Any time after twenty (20) days Jay R. McKenzie, Prosecuting thence North 180 feet, follow- fence line to a 5/8" rebar with in which is presently held by following the last publication Attorney in and for Franklin ing the East boundary line of a cap; , ,The Bank of New York as of this Summons, the Court County, known or identified to platted street right-of-way toThence North 0010 14 Trustee under the Pooling and may enter a judgment againstme to be the person that exe- the TRUE POINT OF BEGIN- West 491.65 feet along an exist- Servicing Agreement dated as ,ou without further notice, un- cuted the foregoing instrument NING; thence East 154 feet;ing fence line to a 5/8" rebar of August 31, 1997, Series less prior to that time you have on behalf of the Director of the thence North 85 feet; thence with cap set on the South line #1997-C. The above Grantors filed a written response in the Idaho Department of Law En-West 154 feet; thence South 85 of a parcel of land owned by are named to comply with Sec- proper form. An appropriate forcement, and acknowledgedfeet to the place of beginning. Lamont and Susan Doney as tion 45-1506(4)(A), Idaho Code. written response requires com- to me that such State of Idaho recorded under instrument No representation is made that pliance withRule 10(a)(1) and executed the same. ALSO: number 198218 in the official they are, or are not, presently other Idaho Rules of Civil Pro- records of Franklin County; (N responsible for this obligation. cedure and shall also include: BONNIE KAY JENSEN Township 15 South, Range018'40" W 495 feet along an The default for which is sale is 1. The title and number of NOTARY PUBLIC 39 East of the Boise Meridian existing fence line - by record) made is the failure to pay when this case. Section 27: Commencing at Thence South 8953"18" due under the Deedof Trust 2. If your response is an An- Legal No. 5504 - Publisha point 92 rods South and 124 West 628.39 feet along saidNote dated 8/26/1997, the swer to the Complaint, it must Feb. 5, 12 and 19, 2003. rods, 2-4/10 feet West of the South line to a point on said monthly payment which be- contain admissions or denials Northeast corner of Section 27, Easterly city limits line also be- came due on 10/5/2002 and all of the separate' allegations of NONCE OF STEE'S SALE and running thence North 150 ing the East right of way line of subsequent monthly pay- the Complaint and other de- feet; thence West 30 feet, more 9th East; ,, ments, plus late charges and LAW OF- fenses you may claim. Trustee Sale Number: 57924-F or less to a platted street; Thence South 0006'44 other costs and fees as set foffh. 3. Your signature, mailingad. Loan No:8533937 ,TSG: 1516111 thence North 90 feet; thence East 495.70 feet to the True Amount due as of January 13, Street, Suite Idress and telephone number or Notice Of Trustee s Sale OnEast 160 feet more or less, to Point of Beginning. Containing 2003 Delinquent Payments 13263 the. signature, mailing address May 27, 2003 at 10:00 AM ofthe West boundary line of the 7.1 acres more or less. from October 05, 2002 4 pay- ) 852-3500 and telephone number of yoursaidday, at First American Title Clara Nielson property to THE ments at $404.80 each $1,619.20 #2801 attorney. Company Main Lobby 28 West TRUE POINT OF BEGIN- Said public shall also give (10-05-02 through 01-13-03) 4. Proof of mailing or deliv- Oneida Preston, ID 83263, First NING; thence North 90 feet;consideration to the proposed Late Charges: $60.72 Beneficia- RICT COURT ery of a copy of your response American Title Insurance Corn- thence West 154 feet, more or zoning for the property to be ry Advances: $30.00 Total: U-I JUDICIAL to ptaintiffs attorney, as desig- pany, as successor trustee, will less to a platted street right-of- annexed, which zoning is pro- $1,709.92 All delinquencies are THE STATE nated above, sell at public auction to the way; South 90 feet; thence East posed to be part of the Transi- now due, together with unpaid N AND FOR highest bidder for cash, in law- 154 feet, more or less, to a place tional District pursuant toand accruing taxes, assess- Yi JTY OF A copy of the Summons and tul money of the United States, of beginning. Chapter 17.14, Preston Munici- ments, trustee's fees, attorney's Complaint can be obtained byall payable at the time of sale, Together with the tene- pal Code. fees, costs and advances made ) Case No. contacting either the Clerk of the following described realments, hereditaments and ap- As the proposed annexa- to protect the security associat- plaintiff, of Fr , state of Idaho, and ing or otherwise appertaining, boundary change in zoning for principal balance is $34,938.53, I CV-03-1 the Court or the attorney for property, situated in the county purtenances thereunto belong- tion and zoning constitutes a ed with this foreclosure. The described as follow to wit: SUBJECT to existing ease- the city, additional notice shall together with interest thereon ! ANOTHER If you wish to seek the advice Township 15 south, range 39 ments for roads, ditches, be provided by mail to proper- at 12 750% r annum from I SUMMONS or representation by an attor- east of the Boise Meridian, canals, laterals, andpower and ty owners orpurchasers of 9/5/2002," untilpe paid. The Ben- ney in this matter, you should Franklin County, Idaho: Sec-transmission lines, record within Three Hundredeficiary elects to sell or cause I do so promptly so that your tion 23: Commencing at a point (300) feet of the external the trust property to be sold to written response, if any, may 66 rods west from the south-The undersigned has no boundaries of the land being satisfy said obligation. Dated: I be filed in time and other legal east corner of the NE1/4 of sec- knowledge of a more particular considered giving notice that January 13, 2003 Fidelity Na- rights protected, tion 23, and running thence description of the above-de- the land is being considered for tional Title Insurance Trustee west 14 rods; thence north 84.2 scribed real property. Howev- annexation andzoning. Notice By A Fragassi AVP c/o Region- I To determine whether you rods: thence east 30 rods: er, the street address of 153 shall also be posted on theal Trustee Services Corpora- I must pay a filing fee with your thence south 68.2 rods, more or South 3rd West, Preston, Idaho, premises not less than one (1) tion, 720 Seventh Avenue, Suite response, contact the Clerk of less, to a l, ..int of intersection has been known to be associat- week prior to the hearing. 100, Seattle, WA 98104 Phone: I the above-named court, with adjoining lands; thenceed with said real property; and At said public hearing, (206) 340-2550 Sale Informa- southwesterly 22 rods, more or Bart M. Pitcher and Joyce S. written comments or objec- tion: http://www.rtrustee.com I DATED this 23rd day of less, to the place of beginning. Pitcher are reputed to be the tions received by the City Clerk ASAP519623 January, 2003. I V. ELLIO'I'F LARSEN The trustee has no knowledgeowners thereof, at the above stated address, I CLERK ) BY SADIE PAYNE of a more particular descrip- The undersisned will corn- shall be duly considered by theLegal No. 5508 - Publish tion of the above referenced re- mence a criminal action for for- Planning and Zoning Commis-Feb. 5, 12, 19 and 26, 2003. al property, but for the purpos- feiture of the above-described sion. In addition, all persons es of compliance with section real property. This Notice is present will be given the op- NOTICE OF TRUSTEE'S SALE DEPUTY CLERK 60-113 Idaho Code, the trustee provided in accordance withportunity to be heard in favor has been informed the address Idaho Code 37-2808. of or in opposition to said an- on the 28th day of May, I Legal No. 5502 - Publish of 577 East 400 North, Preston, DATED this 28th day of nexation or zoning. A copy of 2003, at the hour of 10:00 AM., I Jan. 29, Feb. 5, 12 and 19, 2003. ID, 93263, is sometimes associ- January, 2003. this notice providing informa- of said day, (recognized local ated with the said real proper- tion as to said annexation and time), in the Office of First I NOTICE OF SEIZURE ty. APN: 5452.00 Said sale will JAYR.MCKENZIE proposed zoning may be ob- American Title Company of or I PURSUANT TO be made without covenant or PROSECUTING ATFORNEY tained from the office of the Preston, 28 West Oneida, Pre- IDAHO CODE 37-2808 warranty, regarding title, pos- FRANKLIN COUNTY, IDAHO City Clerk at the City Hall at ston, in the County of Franklin, session or encumbrances to sat- State of Idaho I ss the above stated address. State of Idaho, First American I . This is to give notice that isfy the obligation secured and Dated this 29th day of Jan- Title Company of Idaho, Inc., I jay R. McKenzie, Prosecutingpursuant to the power of sale uary, 2003 an Idaho Corporation, as suc- Attorney in and for Franklinconferred in the Deed of Trust County of Franklin ) " lic auction, to the highest bid- I ounty, Idaho, has seized, pur- executed by Michael G. Smith JERRY C. LARSEN cessor trustee, will sell at pub- suant to Idaho Code 37-2808,and Julie Ann Smith, husband on this 28th day of Janu- CITY CLERK der, for cash, in lawful money I the following described realand wife as Grantor(s), withary, 2003, before me, a Notary of the United States, all property situated in the Coun- Richard-Woodbury Mortgage Public, personally appeared Legal No. 5507 - Feb. 5 and payable at the time of sale, the I ty of Franklin, State of Idaho, as beneficiary on a Jay R. McKenzie, Prosecuting 12, 2003. following described real prop- and described as follows, to- oF [rust recorded 08/12/1991Attorney in and for Franklin erty, situated in the County of I wit: in the records of Franklin County, known or identified to NOTICE OF TRUSTEE'S SALE Franklin, State of Idaho, and County, Idaho as Instrument me to be the person that exe- described as follows, to-wit: i Commencing at a point No. 184177. The above grantors cuted the foregoing instrument Trustee's Sale No. 02-MS-31642 49.5 feet East and 130 feet are named to comply with sec- on behalf of the Director of the Notice is hereby given that, Fi- Lot Eight (8) OAKWOOD ES- I South of the Northwest corner tion 45-1506(4)(a), Idaho Code. Idaho Department of Law En-delity National Title Insurance, TATES SUBDIVISION of the of Section 35, Township 15 No representation is made that forcement, and acknowledgedthe duly appointed Successor City of Preston, Franklin Coun- I South, Range 39 East the they are, or are not, presently to me that such State of Idaho Trustee, will on May 20, 2003, ty, Idaho, according to the Boise Meriaian and running responsible for this o ligation, executed the same. at the hour of 10:00 AM, of said recorded plat thereof. I thence South 100 feet, thence The default for which this sale day, in the main lobby of East 150 feet, thence North 100 is to be made is the failure to BONNIE KAY JENSEN Northern Title Company, 17 The Trustee has no knowl- I feet, thence West 150 feet to the pay the amount due under the NOTARY PUBLIC East Oneida Street, Preston, ID, edge of a more particular de- place of beginning, certain Promissory Note and sell at public auction to the scription of the above refer- Deed of trust, in the amounts Legal No. 5506 - Publishhighest bidder, for cash, in law- enced real property, but for I ALSO: called for thereunder as fol- Feb. 5, 12 and 19, 2003. money of the United States, purposes of compliance with .... lows: Monthly payments of all payabld at the time of sale, .... Section 60-113 Idaho Code, the "I Township 15 South, Range $913.95 due from 9/1/2002, to- NOTICE OF POBUC HEARING the following described realTrustee has been informed that I 39 East of the Boise Meridian: gether with late payments and FOR ANNEXA ON and personal property (here-according to the County Asses- west corner of Section 22, and The sum owing the obligation the "Property '), situated in the Spruce Circle, Preston, Idaho, I Commencing at the South- monthly payments accruing. AND ZONING after referred,to collectively as sors office, the address of 573 .runningthence North 40 rods; secured by said Deed of Trust Notice is hereby given that County of Franklin, State ,of is sometimes associated with I mence t ast 200 feet; thenceis $29,590.95 as princip_al,, plus Idaho, to-wit: EXHIBIT A said real property. a public hearing shall be held South 40 rods; thence West 200 service charges, attorney s fees, before the Planning and Zon- Township 16 South, Range 39 Said sale will be made I feet to the point of beginning, costs of this foreclosure, any ing Commission of the City of East of the Boise Meridian, without covenant or warranty ,.xcepting therefrom pot- and all funds expended by Preston, Idaho, on the 26th day Franklin County, Idaho. Sec-regarding title, possession or I tion deeded for highway and Beneficiary to protect their se- of February, 2003, at the hour tion 26: Beginning at the encumbrances to satisfy the road purposes, curity interest, and interest ac- of 6:30 P.M. at the City Hall, 9 Northwest corner of the South- obligation secured by and pur- Together with the tene- cruing at the rate described by West Oneida Street, Preston, west Quarter of Section 26, said suant to the power of sale con- DE- ments, hereditaments and ap-the Promissory Note from Idaho, 83263, for purpose of point being on the Eastern ferred in the deed of trust exe- ; CASPER- purtenances thereunto belong- 8/8/1991. The giving consideration to the re- boundary line of Idaho Statecuted by TYLER S HEMSLEY USE, AND ing or otherwise appertaining, elects to sell or cause the quested annexation of certain Highway #34, and running AND DEBRA J HEMSLEY, hus- property to be sold to satisfy property lying contiguous thence East 19 rods, more orband and wife, as grantors, to ONS UN- The undersigned has no saidoi ligation. January 24,and/or adjacent to' the City of less, to an existing fence; FIRST AMERICAN TITLE tTE,NG LIEN,ANYknowledge of a more particular 2003 First American Title [nsur- Preston, Idaho. Request for .an- thence South along said fence 8 COMPANY OF IDAHO, INC., I 7HE REAL description of the above-de-ance Company By: Attorneys nexation of said property has rods; thence West 19 rods; an Idaho Corporation, as suc- IBED IN scribeci real property Howev- Equity National Corporation,been made by the owner, Elmer thence North 8 rods to the cessor trustee, for the benefit ADVERSE er, the street addres" "ses of 803as asent Veronique Lara, Vice J. Call. A description of said POINT OF BEGINNING. EX- and security of FIFTH THIRD 'r OWNER. outh State Street, Preston, Ida- President 23721Birtcher Drive property which is located in CEPT, portions deeded for BANK, successor by merger .OUD ON no, and 794 West Oneida, Pre- Lake Forest, CA 92630 Phone the Northwest quarter, Section highway purposes in Book 30 with Old Kent Mortgage Corn- F] THERE- ston, Idaho, respectively, have (949) 707-5543 P189424. 24, Township 15 South, Range of Deeds, Page 129, records of pany, as beneficiary, recorded been Known to be associated 39 East, Boise Meridian, Franklin County, Idaho. The August 16, 2000, as Instrument with said real property; and Legal No. 5505 - PublishFranklin County, Idaho, is as Trustee has no knowledge of a No. 210642, Mortgage Records SUED BY Bart M. Pitcher and Joyce S.Feb. 5, 12, 19 and 26, 2003. follows: more particular description of of Franklin County, Idaho. A !D PLAIN- Pitcher, and Preston Invest- the above-referenced Property THE ABOVE GRANTORS )VE-ENTI. ments, Inc., dba AI-Jo Lounge, NOTICE OF SEIZURE Beginning at the North- but, for purposes of compli-ARE NAMED TO COMPLY EAD THE tn Idaho Corporation, respec- PURSUANT TO west corner of said Section 24 ance with Section 60-113 of Ida- WITH SECTION 45-1506 LOW: lveiy, are reputed to be the and thence South ho Code, the Trustee has been (4)(A), IDAHO CODE. NO owners thereof. IDAHO CODE 37-2808 0006 42 East 2646.14 feet (S informed that the address of REPREsENTATION IS MADE im against The undersigned will corn- This is to give notice that 018 40 W 2645.25 feet by 5263 S State, Preston, ID 83263, THAT THEY ARE, OR ARE " ction as to mence a criminal action for for- Jay R. McKenzie, Prosecuting record) to the West quarter cor- is sometimes associated with NOT, PREsENTLY RESPONSI- said real property. Said sale BLE FOR THIS OBLIGATION. c ribed real teiture of the above-described Attorney in and for Franklinnet of said Section 24; will be made without covenant The default for which this real property" This Notice is County, Idaho, has seized, pur-Thence North 8904'47" proviaed in accordance withsuant to Idaho Code 37-2808,East 35.00 feet to a,5/8" rebar or warranty regarding title,sale is to be made is the failure South, Range 39Idaho Code 37-2808. the following described realwith cap label A.A.HUD- poss sion or encumbrances toto pay when due, under Deed BOise Meridian, DATED this 27th day of property situated in the Coun- SON, PLS 4735 on the East satisfy the obligation secured of TrustNote, the monthlypay- Idaho. January, 2003. encing at ty of Franklin, State of Idaho, right of way line of 8th East, by and pursuant to the powerments for Principal, Interest and described as follows, to- said point eing East 5 feet of sale conferred in the Deed of and Impounds of $1,002.00, t and 229 _ JAY R. MCKENZIE wit: Northeast I OSECUTING ATFORNEY from a found rebar and cap set Trust executed by Carl L. due per month for the months by R' Byrem PLS No 7381; Mouritsen and Lisa M. Mourit- of October through December, and run- I'aANKLIN COUNTY, IDAHO Township 15 South, Range Thence North 8931'11" sen, husband and wife, as 2001 and January through No- feet to the 39 East of the Boise Meridian East 650.00 feet along an exist- Grantor, to First American Title Co.,, as Trustee, for the benefit (See MORE LEGALS page 8)