Trustee's Sale
T.S. No.  073062-ID Parcel No.: RPB00100160010A  NOTICE OF TRUSTEE’S SALE   On 2/21/2019 at 9:00 AM (recognized local time), ON THE FRONT STEPS OF THE SOUTH SIDE OF THE BENEWAH COUNTY COURTHOUSE, 701 W. COLLEGE AVENUE, ST. MARIES, ID 83861, in the County of Benewah, SYDNEY K. LEAVITT, ESQ., a member of the State Bar of Idaho, of ALDRIDGE PITE, LLP as 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  Benewah, State of Idaho, and described as follows, to wit:  LOTS 1 AND 2, BLOCK 16, TOWNSITE OF PLUMMER, ACCORDING TO THE RECORDED PLAT THEREOF, BENEWAH COUNTY, IDAHO.  The Trustee has no knowledge of a more particular description of the above referenced real property, but for purposes of compliance with Idaho Code Section 60-113, the Trustee has been informed that the address of: 1355 B STREET, PLUMMER, ID 83851, is commonly associated with said real property.    Said sale will be made without covenant or warranty, express or implied, 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 ANDREW J DAVISON AND EVA R DAVISON, HUSBAND AND WIFE, as Grantor(s), to PIONEER TITLE COMPANY, as Trustee, for the benefit and security of  WELLS FARGO BANK, N.A., as Beneficiary, dated 5/22/2012, recorded 5/31/2012, as Instrument No. 262731, ,  official records of  Benewah County, Idaho. Please note: The above named Grantors are named to comply with Idaho Code Section 45-1506(4)(a); no representation is made that they are, or are not, presently responsible for the obligation.   The default for which this sale is to be made is the failure to make monthly payments when due from 3/1/2018 and all subsequent monthly payments thereafter, including installments of principal, interest, impounds, advances, plus any charges lawfully due under the note secured by the aforementioned Deed of Trust, Deed of Trust and as allowed under Idaho Law.    The sum owing on the obligation secured by said Deed of Trust as of 10/12/2018 is $121,786.25 including interest, costs, fees, including trustee and/or attorney fees and costs, and expenses actually incurred in enforcing the obligation thereunder or in this sale and to protect the security associated with the Deed of Trust, as authorized in the Note, Deed of Trust or as allowed under Idaho Law.  Because interest, late charges, fees, costs and expenses continue to accrue, the total amount due varies from day to day.  Hence, if you pay the amount shown above, an adjustment may be necessary after receipt of funds to satisfy the debt. For further information, write the Trustee at 4375 Jutland Drive, Ste. 200, San Diego, CA 92117, or call (866)931-0036  DATED: 10/12/2018     SYDNEY K. LEAVITT, ESQ., a member of the State Bar of Idaho, of ALDRIDGE PITE, LLP
167 Oct. 24 – Nov. 14
notice to creditors
Andrew P. Doman, ISP #3879
Amanda Findlay, ISP #9961
LAKECITY LAW GROUP PLLC
Attorneys at Law
907 Main Avenue
St. Maries, Idaho 83861
Telephone (208) 245-9155
Facsimile (208)245-1095
adoman@lclattorneys.com
afindlay@lclattorneys.com
Attorneys for James M. Robertson, Personal Representative.
IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BENEWAH MAGISTRATE DIVISION
Case No. CV05-18-0396
NOTICE TO CREDITORS
IN THE MATTER OF THE ESTATE OF GERTRUDE E. GRAY, Deceased.
NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the above-named decedent. All persons having claims against the decedent or her estate are required to present such claims within four (4) months after the date of first publication of this notice or said claims will be forever barred. Claims must be presented to the undersigned at the address indicated, and filed with the Clerk of the Court.
DATED this 22 day of October, 2018.
/s/ James M. Robertson
JAMES M. ROBERTSON
P.O. Box 491
Fernwood, Idaho 83830
177 Oct. 31 – Nov. 14
notice to creditors
Katherine M. Coyle
COYLE & WYTYCHAK ELDER LAW
P.O. Box 1888
Coeur d’Alene, ID 83816-1888
Telephone (208) 765-3595
Facsimile: (208) 765-0515
Email: kate@cwelp.com
Service Email: fax@cwelp.com
ISB No.  7990
IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF BENEWAH Case No. CV 05-18-0397
NOTICE TO CREDITORS
(I.C. 15-3-801)
IN THE MATTER OF THE ESTATE OF
Herman Florance Miller and Donna Lee Miller, Deceased
NOTICE IS HEREBY GIVEN that Debra L. Smith has been appointed Personal Representative of the above named Estate.  All persons having claims against the decedent or the Estate are required to present their claims within four (4) months after the date of the first publication of this Notice to Creditors, or said claims will be forever barred.
Claims must be presented to the undersigned at the address indicated and filed with the Clerk of the Court.
Dated this _ day of October, 2018
/s/Katherine Monroe Coyle
179 Oct. 31 – Nov. 14
notice of Application
Pursuant to Section 58-104(g) and 58-1301, et seq., Idaho Code (The Lake Protection Act) and rules of the State Board of Land Commissioners, notice is hereby given that Avista Corperation made application to remove old crib wall and install 500 feet of riprap for erosion control. Located on St. Joe River, adjacent to Shadowy St. Joe Campground, St. Maries adjacent to: Sections 13 & 24, Township 46 North, Range 01 West; B.M., in Benewah County.
Written objections to or requests for hearing in this matter must be on file with the Idaho Department of Lands, 3258 W. Industrial Loop, Coeur d’Alene, ID 83815 within thirty (30) days after the first appearance of this notice. Specific information regarding this application may be obtained from Amidy Fuson, Lands Resource Specialist - Minerals & Navigable Waters at the above address or by calling (208) 769-1577.
/S/ Frank Waterman, Area Supervisor
Idaho Department of Lands
183 Nov.  7 - 14
public notice
PUBLIC NOTICE OF INTENT
To Proposed or Promulgate New or Changed Agency Rules The following agencies of the state of Idaho have published the complete text and all related pertinent information concerning their intent to change or make the following rules in the latest publication of the state Administrative Bulletin
The proposed rule public hearing request deadline is November 21, 2018, unless otherwise posted. The proposed rule written comment submission deadline is November 28, 2018, unless otherwise posted. (Temp & Prop) indicates the rulemaking is both Temporary and Proposed. (*PH) indicates that a public hearing has been scheduled.
IDAPA 02 – IDAHO DEPARTMENT OF AGRICULTURE PO Box 790, Boise, ID 83701
02-0801-1801, Sheep and Goat Rules of the Idaho Sheep and Goat Health Board. Clarifies and simplifies goat assessment rules and removes provision regarding migratory goats.
IDAPA 22 – IDAHO STATE BOARD OF MEDICINE 245 W. Bobwhite Ct., Suite 150, Boise, ID 83706
*22-0101-1801, Rules of the Board of Medicine for the Licensure to Practice Medicine and Surgery and Osteopathic Medicine and Surgery in Idaho. (*PH) Updates and clarifies rules regarding physician licensure and practice to ensure physician licensure rules are consistent with the Medical Practice Act; updates definitions and organizational titles; deletes unnecessary and duplicative provisions; moves and updates provisions from IDAPA 22.01.02 regarding registration of interns and residents and from IDAPA 22.01.04 regarding registration of supervising and directing physicians into this chapter.
*22-0102-1801, Rules of the Board of Medicine for the Registration of Externs, Interns, and Residents. (*PH) Chapter repeal.
*22-0103-1801, Rules for the Licensure of Physician Assistants. (*PH) Updates and clarifies rules regarding physician assistant licensure and practice to ensure consistency with the Medical Practice Act; updates definitions and deletes unnecessary and duplicative provisions; adds a physician assistant member and a public member to the Physician Assistant Advisory Committee; deletes registration for physician assistant trainees.
*22-0104-1801, Rules of the Board of Medicine for Registration of Supervising and Directing Physicians. (*PH) Chapter repeal.
*22-0105-1801, General Provisions of the Board of Medicine. (*PH) New chapter combines the general provisions of the Board of Medicine and its allied health boards and committee into one section; provisions regarding complaint investigation from IDAPA 22.01.14 and telehealth practice from IDAPA 22.01.15 have been moved into this rule to consolidate provisions that apply to all licensees of the Board of Medicine.
*22-0107-1801, Rules of Practice and Procedure of the Board of Medicine. (*PH) Chapter repeal.
*22-0114-1801, Rules Relating to Complaint Investigation. (*PH) Chapter repeal.
*22-0115-1801, Rules Relating to Telehealth Services. (*PH) Chapter repeal.
NOTICE OF ADOPTION OF TEMPORARY RULE ONLY
IDAPA 11 – Idaho State Police / Idaho State Racing Commission 11-0403-1801, Rules Governing Licensing and Fees 11-0411-1802, Rules Governing Equine Veterinary Practices, Permitted Medications, Banned Substances and Drug Testing of Horses
IDAPA 35 – IDAHO STATE TAX COMMISSION 35-0101-1805, Income Tax Administrative Tax
NOTICE OF PUBLIC HEARING
IDAPA 16 – DEPARTMENT OF HEALTH AND WELFARE
16-0303-1801, Rules Governing Child Support Services (Hearing date: 11/9/18)
Issues of the Idaho Administrative Bulletin can be viewed at www.adminrules.idaho.gov/
Office of the Administrative Rules Coordinator, Dept. of Administration, PO Box 83720, Boise, ID 83720-0306 Phone: 208-332-1820; Email: AdminRules@adm.idaho.gov
184 Nov. 7

Public Notice
CITY OF ST. MARIES
NOTICE OF APPLICATION FOR FRANCHISE
NOTICE IS HEREBY GIVEN that Chickadee Wireless, Inc., an Idaho corporation, has filed a written application for a franchise to locate, construct, operate and maintain equipment and appurtenances over, under, along and across the City’s rights of way and public property in the City for the purposes of the transmission, control and distribution of Fiber Optic Cable Service within the City.  As compensation for the Franchise, it is proposed that Chickadee shall pay to the City 1% of Chickadee’s Gross Revenues derived from the operation of the Fiber Cable Service in the Franchise Area, which fee may be raised to 3% after five years upon review and consultation with Chickadee.  The full text of the proposed ordinance can is available for review at St. Maries City Hall located at 602 College Ave., St. Maries, Idaho.
   CITY OF ST. MARIES
   Kriss Gibson
   By: Kriss Gibson, City Clerk
Publish: October 31, 2018; November 7, 2018; November 14, 2018
174 Oct. 31 - Nov. 14  

Public Notice
The following application(s) have been filed to appropriate the public waters of the State of Idaho:
92-11086
ROBIN S PRATT
PO BOX 178
SANTA, ID 83866
Point of Diversion SWNE
S28 T44N R01W
BENEWAH County
Source  SHEEP CREEK
Tributary  ST MARIES RIVER
Use:  STOCKWATER
01/01 to 12/31  0.02 CFS
Total Diversion:  0.02 CFS
Date Filed:  10/18/2018
Place Of Use: STOCKWATER
T44N  R01W  S28 SWNE 
Permits will be subject to all prior water rights. For additional information concerning the property location, contact Northern Region office at (208) 762-2800. Protests may be submitted based on the criteria of Idaho Code § 42-203A. Any protest against the approval of this application must be filed with the Director, Dept. of Water Resources, Northern Region, 7600 N MINERAL DR STE 100, COEUR D ALENE ID 83815-7763 together with a protest fee of $25.00 for each application on or before 11/26/2018. The protestant must also send a copy of the protest to the applicant.
GARY SPACKMAN, Director    Published on 11/7/2018 and 11/14/2018
182 Nov. 7 - 14  

Public Notice
NOTICE OF PUBLIC HEARING
Fernwood Water and Sewer District
A public hearing, pursuant to Idaho Code 42-3229, will be held for consideration of the proposed budget for the fiscal year from December 1, 2018 to November 30, 2019.  The budget includes a 4.16% increase in the water base rate and a 4.56% increase in the sewer base rate.  The hearing will be held at the Santa-Fernwood Sewer Treatment Plant, 65290 HWY3 S. at 5:00 P.M. on Tuesday, November 13th, all interested parties are invited to appear and show cause, if any, why such budget should or should not be adopted.  Citizens have the right to provide written or oral comments concerning the entire Fernwood Water and Sewer District’s Budget.
Copies of the proposed District budget are available at the Santa-Fernwood Sewer Treatment Plant Office, 245-3554
Proposed Operating Budget for 2018-2019
Cash Operating Income   Sewer  Water
Sewer Utilities    138,000.00 $155,860.00
Late Fees ,Other Charges and Interest    1,400.00   $4,424.00
Total Income    139,400.00  $160,284.00
  
Operating Expenses   
Utilities      $ 5.914.00  $5,900.00
Maintenance Repairs    $4,000.00   $22,000.00
Santa-Fernwood O-M    $80,000.00   $12,000.00
Office Supplies & Misc.   $1,400.00   $2,500.00
Wages, Taxes     $23,000.00   $54,500.00
Professional Fees     $4,375.00   $4,500.00
Insurance: Workman’s Comp & ICRMP $5,000.00  $3,000.00
USDA Loan Payments     $1,794.00    $33,275.00
Short Lived Asset     $ 720.00    $609.00
IDEQ Loan Payment    $ 11,364.00  $22,000.00
IDEQ Loan Reserve    $1,833.00  
Total Expenses     $139,400.00  $160,284.00
The Board of Directors for the Fernwood Water and Sewer District, Fernwood, Idaho, does hereby certify that the above is a true and correct statement of the proposed revenue and expenditures for the fiscal year 2018-2019, all of which have been tentatively approved by the board of Directors.  Publication date for the notice of public hearing will be November 6, 2018 in the St. Maries Gazette Record.
The Santa-Fernwood Sewer Treatment Plant Office is accessible to persons in wheel chairs.  If you are hearing impaired and will require special services, you must notify Marzetta Reimann at 245-3554 at least three days in advance of the public hearing.  USDA is an equal opportunity employer.
176 Nov. 7

Public Notice
BENEWAH COUNTY
AMENDED NOTICE OF PUBLIC HEARING
PROPOSED FEE INCREASE FOR BENEWAH COUNTY SHERIFF’S DEPARTMENT CIVIL PROCESSING AND SERVICE FEES
Notice is hereby given by the Benewah County Commissioners, pursuant to Idaho Code 63-1311A, that a public hearing will be held at a regular meeting on Tuesday, November 13, at 9:00 a.m. or as soon thereafter as it can be heard, at the Office of the Benewah County Commissioners, Benewah County Courthouse, 701 W. College Avenue, Suite 106, St. Maries, Idaho 83861.
The purpose of this public hearing is to take comments from the public regarding a proposed change in fees for Civil Processing and Service Fees provided by the Benewah County Sheriff’s Office as authorized by Idaho Code 31-3203 and related statutes.  The proposed fees are as follows:
PROCESS    SERVICE FEE RETURN FEE
 Affidavit and Order   $25.00 $20.00 $25.00 $20.00
Assistance, Writ of    $25.00 $20.00 $25.00 $20.00
Attachment, Writ of   $25.00 $20.00 $25.00 $20.00
Bond, For Taking of   $25.00 $50.00 $25.00 $50.00
Bench Warrant (Civil Arrests)  No Charge $20.00 No Charge $20.00
Cancellation of Service Before Attempt $25.00   $25.00 $50.00
Cancellation of Service After Attempt  $25.00 $50.00 $25.00 $50.00
Claim and Delivery/Writ of Possession:   
  Serve Writ and Undertaking  $25.00 $20.00 $25.00 $20.00
  Serve S/C with Writ  $25.00 $20.00 $25.00 $20.00
  Temporary Restraining Order No Charge $20.00 No Charge $20.00
Commissioner of Insurance - S/C
(requires $25 fee payable to Director
of Insurance)    $25.00 $20.00 $25.00 $20.00
Complaint    $25.00 $20.00 $25.00 $20.00
Cross-Complaint    $25.00 $20.00 $25.00 $20.00
Earnings Withholding Order   $25.00 $20.00 $25.00 $20.00
Eviction (Writ of Possession R/P)  $25.00 $20.00 $25.00 $20.00
Execution, Writ of    $25.00 $20.00 $25.00$20.00 
Federal Court Process (Individuals)  $25.00 $20.00 $25.00 $20.00
Garnishments:   
  State Auditor requires $10 fee   
  One Time Garnishment  $41.00 $20.00 No Charge $20.00
  Re-Garnishment   $41.00 $20.00 No Charge $20.00
  Continuous (Commission not
                 to exceed $75)   $41.00 $20.00 No Charge $20.00
Injunction Pendente Lite   $25.00 $20.00 $25.00 $20.00
Injunction     $25.00 $20.00 $25.00 $20.00
Mileage (for travel to serve any
summons & complaint, or any other process  
by which an action or proceeding is
commenced, notice, rule, order, subpoena,
venire, attachment on property, to levy an
 execution, to post notice of sale, to sell
property under execution or other order of
 sale, or execute an order of arrest, or order
for the delivery of personal property, writ of
possession or restitution, to hold inquest
or trial of right of property) 
Mileage (For traveling to execute any
warrant of arrest, subpoena, venire or other
process in criminal cases, or for taking a
prisoner from prison, before a court or
magistrate, or for
 taking a prisoner from the place of arrest to
 prison, or before a court or magistrate, for
each mile actually and necessarily
traveled, in going only) 
Not Found Return/Attempt/or Service  $25.00 $20.00 $25.00 $20.00
Notice of Entry of Sister State Judgment $25.00 $20.00 $25.00 $20.00
Notice - landlord/Tenant   $25.00 $20.00 $25.00 $20.00
Notice to Pay Rent or Quit   $25.00 $20.00 $25.00 $20.00
Notice to Quit    $25.00 $20.00 $25.00 $20.00
Notice to Vacate    $25.00 $20.00 $25.00 $20.00
Order for Appearance or Examination  $25.00 $20.00 $25.00 $20.00
Order to Show Cause   $25.00 $20.00 $25.00 $20.00
Possession, Writ of (Real Property)  $25.00 $20.00 $25.00 $20.00
Possession, Writ of (Personal Property) $25.00 $20.00 $25.00 $20.00
Possession, Writ of (Claim and Delivery) $25.00 $20.00 $25.00 $20.00
Personal Property Only   
  Serve S/C with Writ  $25.00 $20.00 $25.00 $20.00
  Serve Temp. Rest. Order with Writ $25.00 $20.00 $25.00 $20.00
  Serve Affidavits and/or Notices $25.00 $20.00 $25.00 $20.00
  Preliminary Injunction  $25.00 $20.00 $25.00 $20.00
  Real Property - Levy and Sell $25.00 $20.00 $25.00 $20.00
Return         $25.00 $20.00
Restitution, Writ of    $25.00 $20.00 $25.00 $20.00
Restraining Order    No Charge $20.00 No Charge $20.00
Subpoena - Civil    $25.00 $20.00 $25.00 $20.00
Small Claims Court S/C   $25.00 $20.00 $25.00 $20.00
S/Order to Mediate Without Order  $25.00 $20.00 $25.00 $20.00
Summons and Complaint   $25.00 $20.00 $25.00 $20.00
Summons and Petition   $25.00 $20.00 $25.00 $20.00
Temporary Restraining Order  No Charge $20.00 No Charge $20.00
Tenant Three Day Notice   $25.00 $20.00 $25.00 $20.00
Three Day Notice to Quit   $25.00 $20.00 $25.00 $20.00
Three Day Notice to Pay Rent or Quit  $25.00 $20.00 $25.00 $20.00
Vehicle Inspection (VIN)   $3.00 
Warrant, Bench (unless Def. rep by State) No Charge $20.00 No Charge $20.00
Warrant of Distraint   $25.00 $10.00 $25.00 $10.00
Writ of Assistance    $25.00 $20.00 $25.00 $20.00
Writ of Attachment    $25.00 $20.00 $25.00 $20.00
Writ of Execution    $25.00 $20.00 $25.00 $20.00
Writ of Possession - Personal Property $25.00 $20.00 $25.00 $20.00
Writ of Possession - Real Property  $25.00 $20.00 $25.00 $20.00
Writ of Restitution    $25.00 $20.00 $25.00 $20.00
The Benewah County Courthouse is accessible to persons in wheelchairs.  If you are hearing impaired and will require special services, you must notify Deanna Bramblett at 245-3212 at least three days in advance of the public hearing.
Board of County Commissioners
Benewah County
By: /s/ Deanna Bramblett  
Deanna Bramblett, Clerk         
Publish: 10/31/18, 11/7/18
178 Oct. 31 - Nov. 7

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