NOTICE OF TRUSTEE'S SALE At 1:00 o'clock p.m. on the 26th day of February, 2018, in the foyer of First American Title Company located at 419 N 2nd Avenue, Sandpoint, Idaho, 83864, Michael D. Mayfield, Esq. (Idaho State Bar No. 7857), Successor Trustee, or his designee, will sell at public auction, to the highest bidder, for cash, in lawful money of the United States of America, all payable at the time of sale, the following described real property: Parcel 1: Lot 11 in Block 1 of Schweitzer Plaza according to the official plat thereof, filed in Book 4 of Plats at Page(s) 20, records of Bonner County, Idaho. Parcel 2: The Northeast quarter of the Northwest quarter of the Northeast quarter of Section 10, Township 57 North, Range 2 West, Boise Meridian, Bonner County Idaho. Except the following described tract of land: Beginning at a point on the East line of said Northeast quarter of the Northwest quarter of the Northeast quarter, which point is South 00°27'26" East a distance of 100.00 feet from the Northeast corner of said Northeast quarter of the Northwest quarter of the Northeast quarter; thence continuing South 00°27'26" East along said East line a distance of 560.19 feet; thence South 89°17'42"; West a distance of 557.19 feet; thence North 31°37'39" East a distance of 663.64 feet; thence North 89°17'17" East a distance of 204.66 feet to the point of the beginning. Less Right of way conveyed to Bonner County by Deed recorded June 1, 1971 under Document No. 133486, and Deed recorded December 2, 1971 under Document No. 137309, records of Bonner County, Idaho. Subject to and together with an easement over the exiting driveway and ingress, egress and utilities over the Northwest quarter of the Northwest quarter of the Northeast quarter of said Section 10, Township 57 North, Range 2 West, Boise Meridian, Bonner County, Idaho. 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 that certain Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing dated April 4, 2016, executed by Timothy J. Tillberg and Annette Tillberg, as Trustor, in which Chicago Title Company was named as Trustee and Prospect 37 LLC was named as Beneficiary, and was recorded on April 25, 2016, as Instrument No. 888005, in the official records of Bonner County, Idaho ("Trust Deed"). The above Grantor is named to comply with Section 45-1506(4)(a) Idaho Code. No representation is made that it is, or is not, presently responsible for this obligation. The default(s) for which this sale is to be made is the maker's failure to comply with the terms of that certain Equipment Finance Agreement No. 2728 dated April 4, 2016, made by Timothy J. Tillberg dba Tillberg Rentals (collectively, "Maker") in the original principal amount of $350,000.00 (the "Agreement"). Maker has failure to pay the required monthly payments due and owing on November of 2016 and each month thereafter. As a result of Maker's failure to comply with the terms of the Agreement, the Beneficiary has elected to accelerate the maturity date of the Agreement and there is due and immediately owing on the Agreement secured by the Trust Deed the approximate amount of $642,449.87, together with further interest , plus costs and expenses actually incurred, including attorneys' fees and costs. 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. The successful bidder, other than the Beneficiary, must make a $5,000.00 down payment, at the time of sale, by bank cashier's check made payable to Prospect 37 LLC, with the remaining balance of the successful bid payable, in certified funds, within 24 hours following the sale. DATED this 25th day of October, 2017. SUCCESSOR TRUSTEE: /s/ Michael D. Mayfield Michael D. Mayfield (Idaho State Bar No. 7857) Ray Quinney & Nebeker 36 South State Street, Suite 1400 Salt Lake City, Utah 84111 (801) 532-1500 Generally available during normal business hours (8:30 a.m. to 5:30 p.m.) Monday through Friday SNP LEGAL 5005 NOVEMBER 11, 18, 25, DECEMBER 2, 2017
Legals November 11, 2017
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