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

 

IN THE DISTRICT COURT OF THE SEVENTH JUDICIAL DISTRICT

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

 

U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016-CTT,

 

                        Plaintiff,

            vs.

 

ROY B. GARDNER (DECEASED) AND THE UNKNOWN HEIRS, ASSIGNS, AND DEVISEES OF ROY B. GARDNER; HEDY L. BOWMAN; ANNETTE L. MEYER; DAN R. GARDNER; DOUGLAS K. GARDNER; DOES I THROUGH XX, AS INDIVIDUALS WITH AN INTEREST IN THE PROPERTY which may commonly be known as 4372 South Ammon Road, Idaho Falls, ID 83406,

 

                        Defendants.

 

Case No.: CV10-19-5356

 

NOTICE OF SHERIFF'S SALE

 

Under and by virtue of an Order for Sale of Foreclosure executed on January 15, 2020 and entered with the Court on January 16, 2020 and Writ of Execution issued on January 21, 2020, out of and under the seal of the above-entitled Court on a Judgment and Decree of Foreclosure recovered in said Court in the above-entitled action on January 16, 2020, 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 Order of Sale of Foreclosure and Writ of Execution and to apply the proceed of such sale to the satisfaction of said Judgment and Decree of Foreclosure 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 that is S1°E along the Section line 808.5 feet from the East Quarter Corner of Section 34, Township 2 North, Range 38 East of the Boise Meridian, Bonneville County, Idaho; thence S1°E along the Section line 220 feet; thence N88°30'W 443.1 feet; thence N1°40'W 100.3 feet; thence N75°15'E 209 feet; thence N0°30'W 61.2 feet; thence S88°30'E 240.5 feet to the point of beginning.

 

LESS AND EXCEPTING THE FOLLOWING DESCRIBED PROPERTY:

Beginning at a point that is S1°E along the Section line 1028.5 feet and N88°30'W 268.48 feet from the East Quarter Corner of Section 34, Township 2 North, Range 38 East of the Boise Meridian, Bonneville County, Idaho; running thence N88°30'W 174.62 feet; thence N1°40'W 100.3 feet; thence N75°15'E 179.0 feet; thence S1°40'E 150.47 feet to the point of beginning.

 

An easement described as follows: Beginning at a point that is S1°E along the Section line 1028.5 feet from the East Quarter Corner of Section 34, Township 2 North, Range 38 East of the Boise Meridian, Bonneville County, Idaho; running thence N88°30'W 268.48 feet; this being the South edge of a 20 foot wide roadway and utility easement.

 

Part of the Southeast Quarter of Section 34, Township 2 North, Range 38 East of the Boise Meridian, Bonneville County, Idaho, described as: Beginning at a point that is S1°00'E 1008.5 feet along the Section line and N88°30'W 251.71 feet from the East Quarter corner of said Section 34 and running thence N88°30'W 17.00 feet; thence N1°40'W 65.50 feet; thence S88°30'E 23.00 feet thence S3°35'08"W 65.44 feet to the point of beginning.

 

More accurately described as follows:

 

Beginning at a point that is S1°E along the Section line 808.5 feet from the East Quarter Corner of Section 34, Township 2 North, Range 38 East of the Boise Meridian, Bonneville County, Idaho; thence S1°E along the Section line 220 feet; thence N88°30'W 443.1 feet; thence N1°40'W 100.3 feet; thence N75°15'E 209 feet; thence N0°30'W 61.2 feet; thence S88°30'E 240.5 feet to the point of beginning.

 

LESS AND EXCEPTING THE FOLLOWING DESCRIBED PROPERTY:

 

a. Beginning at a point that is S1°E along the Section line 1028.5 feet and N88°30'W 268.48 feet from the East Quarter Corner of Section 34, Township 2 North, Range 38 East of the Boise Meridian, Bonneville County, Idaho; running thence N88°30'W 174.62 feet; thence N1°40'W 100.3 feet; thence N75°15'E 179.0 feet; thence S1°40'E 150.47 feet to the point of beginning.

 

b. Part of the Southeast Quarter of Section 34, Township 2 North, Range 38 East of the Boise Meridian, Bonneville County, Idaho, described as: Beginning at a point that is S1°00'E 1008.5 feet along the Section line and N88°30'W 251.71 feet from the East Quarter corner of said Section 34 and running thence N88°30'W 17.00 feet; thence N1°40'W 65.50 feet; thence S88°30'E 23.00 feet thence S3°35'08"W 65.44 feet to the point of beginning.

 

Commonly known as 4372 South Ammon Road, Idaho Falls, ID 83406.

 

NOTICE IS HEREBY GIVEN that on the 17th day of March, 2020, at the hour of 1:00 o’clock p.m. of said day, at 605 N. Capital Idaho Falls, ID 83402 Bonneville County Courthouse Rotunda, 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 and Decree of Foreclosure as set out in said Order for Sale of Foreclosure to the highest bidder, for case 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 Certificate of Sale, will transfer 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 or financial institution guarantying the availability of funds. Payment by cash or certified funds is due by 3 p.m. on the day of the sale.

            DATED this 6th day of February, 2020.

***

Sheriff of Bonneville County

 

By:

D. Harris

 

Deputy Sheriff