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Home My Public Portal About2009.01.02 Lot #5 1547 McCall Ave Foreclosure SKINNER FAWCETT LAW OFFICES RICHARD A.SKINNER 515 SOUTH 6TH STREET CHARLES W.FAWCETT POST OFFICE BOX 700 DENNIS GIBALA BOISE,IDAHO 83701 HENRY C.RUDOLPH TELEPHONE(208)345-2663 FAX (208)345-2668 E-MAIL cfawcett@skinnerfawcett.com January 2, 2009 CERTIFIED MAIL NO. 7007 14.90 0002 01.j 5 96'%8 RETURN RECEIPT REQUESTED City of McCall 216 E. Park St. McCall,ID 83638 RE: Property Foreclosure/ 1547 McCall Ave.,McCall,Idaho Borrower: Ringer Ladies and Gentlemen: Pursuant to Section 45-1506, Idaho Code, as amended, enclosed please find a copy of Notice of Default as well as a copy of the Notice of Trustee's Sale with respect to the foreclosure proceedings instituted against the real property located at 1547 McCall Ave.,McCall, Idaho. Should you have any questions regarding this matter,please do not hesitate to contact me. Very truly yours, SKINNER FA.V"'"ETT CHARLES W. FAWCETT C WV/bmd Enclosures NOTICE OF TRUSTEE'S SALE On Thursday, the 7th day of May, 2009, at the hour of 10:00 o'clock a.m. of said day at Alliance Title & Escrow, 331 Deinhard Lane, McCall, in the County of Valley, State of Idaho, Charles W. Fawcett, as Successor Trustee, will sell at public auction, to the highest bidder, for cash, in lawful money of the United States, all payable at the time of sale, the following described real property situated in the County of Valley, State of Idaho, and described as follows,to-wit: LOT 5, BLOCK 3, GREYSTONE VILLAGE NO. 3 ACCORDING TO THE OFFICIAL PLAT IN THE OFFICE OF THE RECORDER, VALLEY COUNTY, IDAHO, RECORDED JULY 31, 2006 AS INSTRUMENT NO. 311462 IN BOOK 10 OF PLATS AT PAGE 56. The Successor Trustee has no knowledge of a more particular description of the above-referenced real property, but for purposes of compliance with Section 60-113, Idaho Code, the Successor Trustee has been informed that the street address of 1547 McCall Ave., McCall, Idaho, is sometimes associated with said real property. Said sale will be made without covenant or warranty regarding title, possession or encumbrances to satisfy the obligation secured by and pursuant to the power of sale conferred in the Deed of Trust executed by RYAN RINGER and JENNA ROSE RINGER, Husband and Wife, Grantor, to Charles W. Fawcett, Successor Trustee, for the benefit and security of IDAHO HOUSING AND FINANCE ASSOCIATION, recorded September 28, 2007, as Instrument No. 325674, and re-recorded on October 1, 2007, as Instrument No. 325724, Mortgage records of Valley County, Idaho. THE ABOVE GRANTOR IS NAMED TO COMPLY WITH SECTION 45-1506 (4)(a), IDAHO CODE. NO REPRESENTATION IS MADE THAT THEY ARE, OR ARE NOT,PRESENTLY RESPONSIBLE FOR THIS OBLIGATION. The default for which this sale is to be made is (1) the failure to pay when due, monthly installment payments under the Deed of Trust Note dated September 25, 2007, in the amount of $895.00 each, for the months of September through December, 2008, inclusive; and for each and every month thereafter until date of sale or reimbursement; and (2) the failure to occupy the premises as required by the Addendum to the Deed of Trust. All delinquent payments are now due, plus accumulated late charges, plus any costs or expenses associated with this foreclosure. The accrued interest is at the rate of 5.91% per annum from August 1, 2008. The principal balance owing as of this date on the obligation secured by said Deed of Trust is $127,466.31, plus accrued interest at the rate of 5.91%per annum from August 1, 2008. DATED This 61' day of January, 2009. 2"V�� L CHARLES W. FAWCETT, a Member of the Idaho State Bar, SUCCESSOR TRUSTEE NOTICE OF TRUSTEE'S SALE-PAGE I Instrument# 337335 VALLEY COUNTY,CASCADE,IDAHO 12-16-2008 03:04:20 No.of Pages:1 Recorded for:ALLIANCE TITLE ARCHIE N. BANBURY F :3.00 Ex-Officio Recorder De! Index to:NOTICE OF DEFAULT-MORT AG NOTICE OF DEFAULT UNDER the Deed of or Transfer in trust executed by RYAN RINGER and JENNA ROSE RINGER, Husband and Wife, as Grantor, to CHARLES W. FAWCETT, a member of the Idaho State Bar, as Successor Trustee, and IDAHO HOUSING AND FINANCE ASSOCIATION, as Beneficiary, dated September 25, 2007, recorded September 28, 2007, as Instrument No. 325674, and re-recorded on October 1, 2007, as Instrument No. 325724, Mortgage records of Valley County, Idaho, hereby gives notice that a breach of the obligation for which such transfer is security has occurred, the nature of such breach being (1) the failure to pay when due, monthly installment payments under the Deed of Trust Note dated September 25, 2007, in the amount of $895.00 each, for the months September through December, 2008, inclusive; and (2) the failure to occupy the premises as required by the Addendum to the Deed of Trust. All delinquent payments are now due, plus accumulated late charges, plus all escrow advances, plus any costs or expenses associated with this foreclosure. The accrued interest is at the rate of 5.91% per annum from August 1, 2008, and the Beneficiary elects to sell or cause the trust property to be sold to satisfy said obligation. The principal balance owing as of this date on the obligation secured by said Deed of Trust is $127,466.31, plus accrued interest at the rate of 5.91% per annum from August 1, 2008. DATED: This / �4day of 2008. IDAHO HOUSING AND FINANCE ASSOCIATION i MARO YNN A M STATE OF IDAHO ) ss County of Ada ) On this � lSf day of 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared MAROLYNN ANTRAM, known to me to be the Loan Servicing Supervisor of the body corporate and politic that executed the within instrument or the person who executed the instrument on behalf of said body corporate and politic and acknowledged to me that such body corporate and politic executed the same. lip, Jot OTA kp , ® NOTARY PUB 1 For Idaho ® ®� g Residing a therein e c ®® '°U J3 y tC' My Commissi n Expires: 1 7 Z3a 1/ OF I'D P �eeaa®as�eH° NOTICE OF DEFAULT PAGE- 1 - instrument# 315924 VALLEY COUNTY,CASCADE,I HO Instrument# 14102 2006-12-28 04:35:47 o.of Pages:19 VALLEY COUNTY,CASCADE,IDAHO Recorded for:CITY OF MC L 2006-10-06 09:42:28 No.of Pages:19 LELAND G.HEINRICH Fee.0.00 Recorded 0(:CITY OF MCCALL Ex-OHfno Recorder Y LELAND .HEINRICH Fee:0.00_ Md.;to:LASE Ex-Officlo Recorder Deputy _A ,o �'—�`'"'�s GROUND LEA'S'E' ``°°` This lease agreement is made September 28, 2006 between the City of McCall, Idaho a municipal corporation organized and existing under the laws of Idaho,having its principal office at 216 E. Park St.,McCall,Idaho 83638 ("Lessor"), and Neighborhood Housing Services, Inc., a corporation organized and existing under the laws of Idaho, having its principal office at 1401 Shoreline Drive,Boise, Idaho 83707("Lessee"). Whereas, rising land prices and construction costs have made housing unaffordable to many people that work in essential public employment such as public safety officers and other public employees who safeguard the health, safety and welfare of McCall and the surrounding communities: and Whereas, the lack of affordable housing has made it difficult, if not impossible, for public agencies to hire and retain such public employees as are needed to provide essential public services; and Whereas, the same housing costs affect the ability of the private sector to hire and retain employees in the retail and construction trades; which adversely affects small and local businesses; and Whereas, the inability to find affordable housing has caused a shortage of health care workers which in turn has resulted in a reduction in health care services in McCall, including at least one assisted living facility which had to close resulting in moving long time McCall residents who can no longer live independently to a facility in Gem County; and Whereas, the City of McCall has established a community/workforce housing policy and has adopted ordinances to put such policy into effect; and Whereas, leasing land to Lessee will facilitate the construction of affordable housing which will begin to address the shortage of affordable housing in McCall and will improve the health, safety, and welfare of the citizens and visitors tc�s Call. nt# 32151$ VALLEY COUNTY,CASCADE,IDAHO Now,Therefore, 2007-05-23 04:00:03 No.of Pages:21 Recorded for:CITY OF MCCALL ARCHIE N.BANBURY r Fee:0.00 The parties agree as follows: Ex-Officio Recorder Deputy_ p Index to:EASEMENT .l SECTION ONE.DEMISE,DESCRIPTION,AND USE OF PREMISES Lessor leases to Lessee and Lessee leases from Lessor, for the purpose of conducting in and on such premises community/workforce housing and for no other purpose,those certain premises with the appurtenances, situated in, McCall, Valley County, Idaho, and more particularly described in the exhibit attached to and made a part of this lease agreement as Exhibit 1 As used Ground Lease - 1 ASSIGNMENT OF LEASE Parties: Me j rdh h ,Assignor Assignee City of McCall,Idaho,a municipal corporation organized and existing under the laws of Idaho,Landlord Agreement,made effective as of the 5-.—day of septpm 2� and between the (city) Assignor,of 15.4 7 rvlc (address), (county)County,State of Idaho,herein referred to as"—p-rc o� +�� and entity),Assignee,of „ � n�P (address), (cYt3')� „ (county)County,State of Idaho, herein referred to as" e Village No. 3 according to the official plat in the office of the recorder, Valley County Idaho, recorded July 31 , 2006 as Instrument No. 311462 in Book 10 ARTICLE L]DEFINITIONS of Plats at Page 56. 1.1 "(Assignor)":Means and refers to the nei_ghhnrhaad _B tau-inf vices, Inc. Assignor,party to this Agreement as assignor. 1.2 "City'':Means and refers to the City of McCall,Idaho,a municipal corporation organized and existing under the laws of Idaho,of 216 E.Park St.,McCall,Valley County,State of Idaho. 1.3 "Lease":Means and refers to that certain Lease Agreement by and between the City of McCall,Idaho,a;municipal corporation organized and existing under the laws of Idaho,of 216 E.Park St.,McCall,Valley County,St e t Lessor Lessee, rue and co t copy of which Nei , i and b g'reference incorporated heroin. is attachud 1wretv mar 1.4 "Premises":Means and refers to those certain premises with the appurtenances, situated in,McCall,Valley County,Idaho,and more particularly descn'bed in the exhibit attached to the Ground Lease as Exh;"bit 1,which is the subject of this Lease. 1.5 "(Assignee)":Means and refers to ptyan (entity), party to this Agreement as assignee. Instrument# 326672 VALLEY COUNTY,CASCADE,IDAHO 2007-09-28 03:42:17 No.of Pages:6 Recorded for:FIRST AMERICAN TITLE Fee:18.00 ARCHIE N.BANBURY �Q Ex-Oflicio Recorder Deputy��`� ASSIGNMENT OF LEASE-I I,d.x lo:ASSIGNMENT OF CONTRACT —