3435 N Cole Rd Boise, ID
NOTICE OF RESCHEDULED TRUSTEE'S SALE
On March 4, 2019, at the hour of 3 p.m. local time, at the front entrance of the Ada County Courthouse, 200 W. Front Street, Boise, Idaho, Conrad J. Aiken of the law firm Racine Olson, PLLP, as Successor Trustee to the original Trustee or his legal representative will sell to the highest bidder for cash, lawful money of the United States of America, all payable at the time of the sale, the following described real estate, situated in Ada County, Idaho, as follows and further referred to herein as the "Property":
COMMENCING at the Southeast corner of Section 36, Township 4 North, Range 1 East, Boise Meridian, in Ada County, Idaho; thence running North along the section line 825.9 feet to the REAL PLACE OF BEGINNING; thence continuing North along the said section line 78 feet; thence West 250 feet; thence South 51 feet; thence East 41 feet; thence South 27 feet; thence East 209 feet to the PLACE OF BEGINNING.
EXCEPTING THEREFROM that portion conveyed to Ada County Highway District by Warranty Deed recorded April 11, 1997 as Instrument No. 97027725 being more particularly described as follows:
A parcel of land for public right-of-way situated in the Southeast Quarter of the Southeast Quarter of Section 36, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows:
COMMENCING at the Southeast corner of Section 36, Township 4 North, Range 1 East, Boise Meridian; thence North 00 degrees 11'03" East, 825.90 feet along the East line of the Southeast Quarter of Section 36 to a point, said point being the REAL POINT OF BEGINNING; thence
North 89 degrees 46'02" West, 40.00 feet to a point; thence
North 00 degrees 11'03" East, 78.00 feet to a point; thence
South 89 degrees 46'02" East, 40.00 feet to a point; thence
South 00 degrees 11'03" West, 78.00 feet to the REAL POINT OF BEGINNING of this description.
The Property is commonly known as 3435 N. Cole Road, Boise, Idaho 83704 and the Trustee has no knowledge of a more particular description of the Property for purposes of compliance with Section 60-113, Idaho Code. 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 Deed of Trust dated as of September 30, 1999, executed by CRAIG D. MALONEY and ROBYN E. MALONEY, as Grantors to ALLIANCE TITLE & ESCROW CORP. as Trustee, and THE MONEY STORE COMMERCIAL MORTGAGE, INC. as Beneficiary ("THE MONEY STORE"), recorded on September 30, 1999, as Instrument No. 99097083, records of Ada County, Idaho. The Deed of Trust was modified by a Modification of Deed of Trust dated October 29, 2002, recorded on November 12, 2002 in Ada County, Idaho as Instrument No. 102132031. The obligations secured by the Deed of Trust were assigned to WELLS FARGO BANK, NATIONAL ASSOCIATION ("WELLS FARGO") by operation of law pursuant to the merger of THE MONEY STORE into WELLS FARGO. The obligations secured by the Deed of Trust were further assigned by WELLS FARGO to PRINSBANK, a Minnesota banking corporation ("PRINSBANK") by an Absolute Assignment and Assumption of Deed of Trust and Loan Documents, Instrument No. 113027538, recorded March 15, 2013, records of Ada County, Idaho. The obligations secured by the Deed of Trust were assigned by an Assignment of Deed of Trust dated June 8, 2018 by PRINSBANK to PSB CREDIT SERVICES, INC. ("PSB CREDIT SERVICES"), recorded June 11, 2018 as Instrument No. 2018-053559, records of Ada County, Idaho. The Beneficiary of the Deed of Trust is PSB CREDIT SERVICES, INC., 508 Third Street, P.O. Box 38, Prinsburg, MN 56281-0038.
Foreclosure is made because of default in the payment and performance of obligations due and owing to Beneficiary by the Grantors which obligations are secured by the Deed of Trust. Said default is in the form of non-payment of amounts due and non-performance of obligations to the Beneficiary. Said breach has resulted in failure to pay the principal balance of $554,745.35, accrued interest of $34,979.49, and late fees of $4,178.90 due as of January 22, 2019. In addition to that amount, interest accrues at the rate of $106.39 per day and late fees accrue at the rate of $379.90 per month and are incurred on the 14th or 15th day of each month after January 2019. The Beneficiary has incurred attorneys' fees and costs of $21,257.51 and the purchase of a Trustee's Sale Guaranty of $1,321.00 as of January 22, 2019. Based on the foregoing and without including continuing attorneys' fees and costs after January 22, 2019, the total balance due as of January 22, 2019 is $616,482.25. After that date interest continues to accrue at $106.39 per day, late fees accrue at the rate of $379.90 per month, and attorneys' fees and costs and other costs and expenses continue to accrue as set forth in the next paragraph.
That by reason of said default, all sums secured by the Deed of Trust are due and payable. As of January 22, 2019, the aggregate amount secured by the Deed of Trust which is in default is $616,482.25 (excluding attorneys' fees and costs after January 22, 2019), together with additional interest accruing at the rate of $106.39 per day, late fees of $379.90 per month, and accruing costs for attorneys' fees, payment of taxes, assessments, premiums for insurance, advances made by Beneficiary in accordance with the terms of the Deed of Trust, other expenses of foreclosure, and including attorneys' fees and costs incurred in dealing with personal property owned by the Grantors.
DATED this 25th day of January, 2019.
/S/ Conrad J. Aiken
CONRAD J. AIKEN, Successor Trustee
PUBLISHED February 1, 8, & 15, 2019
11684921 IBR 02/01/19