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NOTICE OF SHERIFF'S SALE

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NOTICE OF SHERIFF’S SALE

 

Under and by virtue of a Writ of Execution on Judgment of Foreclosure issued on July 6, 2020, and an Order of Sale of Foreclosure issued on May 27, 2020, out of the District Court of the Seventh Judicial District of the State of Idaho, in and for the County of Bonneville in the case of:

AMERICAN ADVISORS GROUP,

 

Plaintiff,

v.

 

THE UNKNOWN HEIRS, ASSIGNS AND DEVISEES OF KENNETH ARTHUR HUNTER; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; STATE OF IDAHO, DEPARTMENT OF HEALTH AND WELFARE; AND DOES 1 THROUGH 20, INCLUSIVE, including all parties with an interest in and/or residing in real property commonly known as, 3314 SWAN VALLEY HIGHWAY, SWAN VALLEY, IDAHO 83449, and legally described as:

TRACT 1: BEGINNING AT A POINT THAT IS SOUTH 89°37’ EAST 1320 FEET FROM THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 44 EAST OF THE BOISE MERIDIAN, BONNEVILLE COUNTY, IDAHO; RUNNING THENCE SOUTH 89°37’ EAST 250.67 FEET; THENCE SOUTH 32°48’ EAST 224.50 FEET; THENCE NORTH 89°43’30” WEST 250.37 FEET; THENCE NORTH 32°48’ WEST 225.12 FEET TO THE POINT OF BEGINNING. TRACT 2: AN EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF TRACT 1, AS DESCRIBED IN EASEMENT AGREEMENT RECORDED ON MARCH 28, 1983, #639299 OVER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: AN EASEMENT BEING 25 FEET IN WIDTH AND HAVING A CENTER LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS SOUTH 89°37’ EAST 1844 FEET AND SOUTH 32°48’ EAST 223.88 FEET FROM THE NORTHWEST CORNER OF THE SOUTHWEST CORNER OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 44 EAST OF THE BOISE MERIDIAN, BONNEVILLE COUNTY, IDAHO, SAID LINE RUNNING NORTH 89°43’30” WEST 563.33 FEET,

 

Defendants.

Case No. CV10-19-8134

 

Sheriff Case No. 202004134

 

NOTICE OF SALE

 

Date of Sale: September 09, 2020

 

Time of Sale: 1:00 p.m.

 

Place of Sale: 605 N Capital, Idaho Falls, ID

 

 

NOTICE IS HEREBY GIVEN, that on the 9th day of September, 2020, at 1:00 o’clock p.m. of said day, at 605 N Capital, Idaho Falls, ID, Courthouse Rotunda, I am commanded and required to proceed to notice for sale to sell at public auction the real property described in said Order for Sale of Foreclosure and Writ of Execution and to apply the proceeds of such sale to the satisfaction of said Judgment and Decree of Foreclosure with interest thereon and my fees and costs, all payable at time of sale to the highest bidder for cash in currency of the United States of America, for the following described property, situated in Bonneville County, Idaho:

3314 Swan Valley Highway, Swan Valley, ID 83449 and legally described as follows:

TRACT 1: BEGINNING AT A POINT THAT IS SOUTH 89°37’ EAST 1320 FEET FROM THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 44 EAST OF THE BOISE MERIDIAN, BONNEVILLE COUNTY, IDAHO; RUNNING THENCE SOUTH 89°37’ EAST 250.67 FEET; THENCE SOUTH 32°48’ EAST 224.50 FEET; THENCE NORTH 89°43’30” WEST 250.37 FEET; THENCE NORTH 32°48’ WEST 225.12 FEET TO THE POINT OF BEGINNING.

 

TRACT 2: AN EASEMENT FOR INGRESS AND EGRESS FOR THE BENEFIT OF TRACT 1, AS DESCRIBED IN EASEMENT AGREEMENT RECORDED ON MARCH 28, 1983, #639299 OVER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: AN EASEMENT BEING 25 FEET IN WIDTH AND HAVING A CENTER LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS SOUTH 89°37’ EAST 1844 FEET AND SOUTH 32°48’ EAST 223.88 FEET FROM THE NORTHWEST CORNER OF THE SOUTHWEST CORNER OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 44 EAST OF THE BOISE MERIDIAN, BONNEVILLE COUNTY, IDAHO, SAID LINE RUNNING NORTH 89°43’30” WEST 563.33 FEET.

 

 

The sale will be made without covenant or warranty regarding title, possession, or encumbrances to satisfy the obligation of Defendants pursuant to the Judgment entered in this matter, and recorded in the official records of Bonneville County.

The real property sold at the sale shall be subject to the redemption rights of redemptioners, as that term is defined in Idaho Code Section 11-402, may redeem the property from the purchaser within six months after the sale, upon paying the purchaser the amount of their purchase, with interest on that amount at the rate allowed by Idaho Code from the date of the sale to the date of redemption, together with the amount of any assessment or taxes which the purchaser may have paid after the commencement of the action and which are not included in the judgment and interest allowed pursuant to Idaho Code Section.

In the event the purchaser is a creditor having a prior lien to that of the redemptioners, other than the judgment under which the purchase is made, the purchaser will also be entitled to payment of that lien amount with interest at the rate allowed in Idaho Code Section18-22-104(1).

The Sheriff, by Certificate of Sale, will transfer the right, title and interest of the judgment debtors in and to the property at the time of execution or attachment was levied. The Sheriff will also give possession but does not guarantee clear title nor continued 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 30th day of July, 2020.

 

DEPUTY SHERIFF OF BONNEVILLE COUNTY, IDAHO

 

 

                                                                                    By: Deputy Chris Sumrell           

 

 

NOTE: THE SHERIFF’S OFFICE DOES NOT GUARANTEE CLEAR TITLE OR GUARANTEE CONTINUED POSSESSORY RIGHTS.

 

EVERY PERSON WHO INTENTIONALLY DEFACES, OBLITERATES, TEARS DOWN OR DESTROYS THIS NOTICE, BEFORE THE EXPIRATION OF THE TIME FOR WHICH IT IS TO REMAIN SET UP, IS GUILTY OF A MISDEMEANOR (I.C. § 18-3205).