NOTICE OF SHERIFF'S SALE

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David M. Swartley, ISB No. 5230

McCarthy & Holthus, LLP

702 W. Idaho St., Suite 1100

Boise, ID 83702

Telephone: (208) 947-7264

Facsimile: (208) 947-5910

dswartley@mccarthyholthus.com

 

Attorneys for Plaintiff

 

 

 

IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BONNEVILLE

 

 

KEYBANK, N.A.,

 

                        Plaintiff,

 

            vs.

 

WESLEY HAWS; STATE OF IDAHO TAX

COMMISSION; AND DOES 1-10 AS

INDIVIDUALS WITH AN INTEREST IN

THE PROPERTY LEGALLY DESCRIBED

AS:

 

BEGINNING AT A POINT ON THE

EASTERLY LINE OF LOT, 8 BLOCK 21,

ORIGINAL TOWNSITE OF EAGLE ROCK,

NOW THE CITY OF IDAHO FALLS,

BONNEVILLE COUNTY, IDAHO WHICH

POINT IS 63 FEET NORTHERLY OF THE

SOUTHEAST CORNER OF SAID BLOCK

21, RUNNING THENCE NORTH ALONG

THE EASTERLY LINE OF LOTS 8 AND 9,

BLOCK 21 AFORESAID, 40 FEET;

THENCE NORTH 60 DEGREES 35

MINUTES 30 SECONDS WEST 140 FEET

TO THE WESTERLY LINE OF LOT 9 OF

SAID BLOCK, RUNNING THENCE

SOUTH 29 DEGREES 03 MINUTES 30

SECONDS WEST ALONG THE

WESTERLY LINE OF LOTS 8 AND 9 OF

SAID BLOCK 19.5 FEET, THENCE

SOUTH 60 DEGREES 56 MINUTES 30

SECONDS EAST 63 FEET THENCE

SOUTH 19 DEGREES 18 MINUTES 30

SECONDS EAST 30.9 FEET; THENCE

SOUTH 60 DEGREES 56 MINUTES 30

SECONDS EAST 54 FEET TO THE POINT

OF BEGINNING.

EXCEPTING THEREFROM:

BEGINNING AT A POINT THAT IS

NORTH 29 DEGREES 03 MINUTES 30

SECONDS EAST ALONG THE LOT LINE

3.00 FEET AND NORTH 60 DEGREES 56

MINUTES 30 SECONDS WEST 79.97

FEET FROM THE MOST SOUTHERLY

CORNER OF LOT 9, BLOCK 21,

ORIGINAL TOWNSITE OF EAGLE ROCK,

NOW THE CITY OF IDAHO FALLS, TO

THE COUNTY OF BONNEVILLE, STATE

OF IDAHO; ACCORDING TO THE

RECORDED PLAT THEREOF; RUNNING

THENCE NORTH 60 DEGREES 56

MINUTES 30 SECONDS EAST 18.82

FEET; THENCE SOUTH 30 DEGREES 16

MINUTES 21 SECONDS WEST 19.43

FEET; THENCE SOUTH 60 DEGREES 56

MINUTES 30 SECONDS EAST 18.82

FEET; THENCE NORTH 30 DEGREES 16

MINUTES 23 SECONDS EAST 19.43 FEET

TO THE BEGINNING.

 

Which may commonly be known as: 170 S.

Water Ave., Idaho falls, ID 83402

 

                        Defendants.

 

Case No.: CV-17-3404

 

NOTICE OF SHERIFF'S SALE

 

Under and by virtue of a Second Order for Sale of Foreclosure executed on 2/15/2019 and entered with the Court on 2/15/2019 and Second Writ of Execution issued on 2/25/2019, out of and under the seal of the above-entitled Court on a Judgment recovered in said Court in the above-entitled action on 10/21/2017, in favor of the above-named Plaintiff, I am commanded and required to proceed to notice for sale to sell at public auction the real property described in said Second Order of Sale of Foreclosure and Second Writ of Execution and to apply the proceed of such sale to the satisfaction of said Judgment with interest thereon and my fees and costs.

The property directed to be sold is situate in Bonneville County, State of Idaho, and is described as follows to wit:

BEGINNING AT A POINT ON THE EASTERLY LINE OF LOT 8, BLOCK 21, ORIGINAL TOWNSITE OF EAGLE ROCK, NOW THE CITY OF IDAHO FALLS, BONNEVILLE COUNTY, IDAHO WHICH POINT IS 63 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID BLOCK 21, RUNNING THENCE NORTH ALONG THE EASTERLY LINE OF LOTS 8 AND 9, BLOCK 21 AFORESAID, 40 FEET; THENCE NORTH 60 DEGREES 35 MINUTES 30 SECONDS WEST 140 FEET TO THE WESTERLY LINE OF LOT 9 OF SAID BLOCK, RUNNING THENCE SOUTH 29 DEGREES 03 MINUTES 30 SECONDS WEST ALONG THE WESTERLY LINE OF LOTS 8 AND 9 OF SAID BLOCK 19.5 FEET, THENCE SOUTH 60 DEGREES 56 MINUTES 30 SECONDS EAST 63 FEET THENCE SOUTH 19 DEGREES 18 MINUTES 30 SECONDS EAST 30.9 FEET; THENCE SOUTH 60 DEGREES 56 MINUTES 30 SECONDS EAST 54 FEET TO THE POINT OF BEGINNING.

 

EXCEPTING THEREFROM:

BEGINNING AT A POINT THAT IS NORTH 29 DEGREES 03 MINUTES 30 SECONDS EAST ALONG THE LOT LINE 3.00 FEET AND NORTH 60 DEGREES 56 MINUTES 30 SECONDS WEST 79.97 FEET FROM THE MOST SOUTHERLY CORNER OF LOT 9, BLOCK 21, ORIGINAL TOWNSITE OF EAGLE ROCK, NOW THE CITY OF IDAHO FALLS, TO THE COUNTY OF BONNEVILLE, STATE OF IDAHO; ACCORDING TO THE RECORDED PLAT THEREOF; RUNNING THENCE NORTH 60 DEGREES 56 MINUTES 30 SECONDS EAST 18.82 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 21 SECONDS WEST 19.43 FEET; THENCE SOUTH 60 DEGREES 56 MINUTES 30 SECONDS EAST 18.82 FEET; THENCE NORTH 30 DEGREES 16 MINUTES 23 SECONDS EAST 19.43 FEET TO THE BEGINNING.

 

The above-described property is commonly known as 170 S WATER AVE, IDAHO FALLS, ID 83402.

 

NOTICE IS HEREBY GIVEN that on the 21st day of May, 2019, at the hour of 1:00 o’clock p.m. of said day, at 605 N. Capital Idaho Falls, ID 83402, County of Bonneville, State of Idaho, I will attend, offer and sell at public auction 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 as set out in said Second Order for Sale of Foreclosure to the highest bidder, for cash or certified funds in lawful money of the United States.  The time period for redemption of the above property is six (6) months from the date of sale herein.

The Sheriff, by a Certificate of Sale, will transfer the right, title and interest of the judgment debtor in and to the property at the time the execution or attachment was levied. The Sheriff will also give possession but does not guarantee clear title nor continue possessory right to the purchaser. The Sheriff sells all property “as is”, “whereas”, and without any guarantee or warranty whatsoever.

ALL BIDDERS must register with the Sheriff prior to the start of the sale and must have in their possession sufficient cash or a letter from their bank of financial institution guarantying the availability of funds, if paying by certified funds. Payment by cash or certified funds is due by 3 p.m. on the day of the sale.

 

            DATED this 15th day of April, 2019.

 

***

Sheriff of Bonneville County

 

By:

D. Harris

 

Deputy Sheriff