HomeMy Public PortalAbout2009.01.02 Notice of Trustees Sale Ringer Lot 5RICHARD A. SKINNER
CHARLES W. FAWCETT
DENNIS GIBALA
HENRY C. RUDOLPH
SKINNER FAWCETT
LAW OFFICES
January 2, 2009
CERTIFIED MAIL NO. 7007 1490 0002 0115 96'28
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:
515 SOUTH 6TH STREET
POST OFFICE BOX 700
BOISE, IDAHO 83701
TELEPHONE (208) 345-2663
FAX (208) 345-2668
E-MAIL cfawcett@skinnerfawcett.com
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 FAWCETT
i t
CHARLES W. FAWCETT
CWF/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 properly.
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 6t day of January, 2009.
r� 1
CHARLES W. FAWCEITT, a Member of
the Idaho State Bar, SUCCESSOR
TRUSTEE
NOTICE OF TRUSTEE'S SALE - PAGE l
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instrument # 316924
VALLEY COUNTY, CASCADE,
2006-12-28 04:35:47
Recorded for : CITY OF MC
LELAND G. HEINRICH
Ex-Offcio Recorder
Index te: LeASE
o Instrument # 14102
o. of Pages:19 VALLEY COON , CASCADE, IDAHO
2006-10-06 09:42:28 No. of Pages:19
Fee: 0.00 Recorded t :CITY OF MCCALL
.� LELAND . HEINRICH ,NFee: 0.00�
Ex-0RIc Recorder Deputy
GROUND LEAST-- -
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 to McCainstll. # 321618
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
p b'
The parties agree as follows: Ex-0mcio Recorder Deputy /
McIctto: EASEMENT J �(
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
ag luc
Parties:
ASSIGNMENT OF LEASE
m.1 gbborhoo4 Tious l,ng Serv,r.cs-ram Assignor
Ryan Ana .10-nn_2 1 r1,44 Ringer
'Assignee
City of McCall, Idaho, a municipal corporation organized and existing under
the laws of Idaho, Landlord
Agreement, made effective as of the 28 ' day of September • 200-7V
and between the NP1ghhnrhnnA Hr+Rtcing Servicoc, Inc. (ent`tY)'
Assignor, of 1547 itri"all Avenue (ass), McCall (citY�,
valley (county) County, State of Idaho, harem referred to as premi ses . '
and Ryan & Jenne Rose Ringccentit')' Assignee, of 1 800 N _ nav; a Avp
(address), MrCa 1.1 (city), Valley (county) Cow'' State of Idaho,
herein referred to as" tot 5, Rlork 3, nreystorre 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 Neighborhood Hniigih tAVices, 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 exerting under the taws of
Idaho, of 216 E. Park St., McCall, Valley County, State of Idaho as Lessor and
Lessee, a true and correct copy of which
Neighbor o IIous• rated herein.
ec��reto mar�e� �1''��d b� {reference incorpo
1.4 "Premises": Means and refers to those certain premises with the appurtenances,
situated in, McCall, Valley County, Idaho, and more particularly desc ibed in the exhibit
attached to the Ground Lease as Exhibit 1, which is the subject of this Lease.
" " Means and refers to R R nG P R : n r (entity),
1.5 (Assignee} : yan &Jenna `�
party to this Agreement as assignee.
ASSIGNMENT' OF LEASE-1
Instrument # 326672
VALLEY COUNTY, CASCADE, IDAHO
200749-28 03:42:17 No. of pages: 6
Recorded for : FIRST AMERICAN TITLE ee. 18 00
ARCHIE N. BANBURY
Ex-Ofllcio Recorder Deputy
Index to: ASSIGNUENT OF CONTRACT