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NOTICE OF TRUSTEE'S SALE On Thursday, January 29, 2026, at 2:00 p.m., at the offices of Alliance Title & Escrow, LLC, 9465 W. Emerald, Suite 120, Boise, Idaho 83704, Alliance Title & Escrow, LLC, as Successor Trustee (the "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 ("Foreclosure Sale"), the following described Real Property, situated in the County of Ada, State of Idaho, and described as follows: All Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, & 63 in Block 1 of Athleta Subdivision, according to the official plat thereof, filed in Book 120 of Plats at Pages 18707, 18708 and 18709, records of Ada County, Idaho (the "Real Property"); Together with all existing and future easements, access rights, appurtenances, privileges, licenses, hereditaments, franchises and tenements, including water stock and water rights and all minerals, oil, gas, and other commercially valuable substances that may be in, under or produced from any part of it, including but not limited to Land, Appurtenances, Easements; Improvements; Related Real Property and Improvements; Leases and Licenses; Goods, Materials, Fixtures; Construction Materials and Equipment; Borrower Funds; Rent, Issues and Profits; Contracts and Plans; Insurance; Miscellaneous Personal Property; Books and Records; Additional Property; Rights of Declarant; and Proceeds, as more particularly described in the Deed of Trust, to the extent they exist as pertaining to the Real Property; (collectively, the "Property"). The Trustee has no knowledge of a more particular description of the above-described Real Property but for purposes of compliance with Idaho Code, Section 60-113, the Trustee has been informed that the street addresses of NKA N. Athlos Lane, Kuna, Idaho 83634; 1626, 1634, 1642, 1650, 1656, 1662, 1672, 1680, 1688, 1696, and 1704 W. Cerulean Lane, Kuna, Idaho 83634; NNA N. Ten Mile Road, Kuna, Idaho 83634; 2019, 2013, 2007, 2001 N. Athlos Lane, Kuna, Idaho 83634; 1999, 1991, 1981, 1975, 1969, 1961, 1955, 1949, 1941, 1933, 1927, 1921, and NNA N. Athemar Lane, Kuna, Idaho 83634; 1663, 1655, 1647, 1639, 1631, and 1623 W. Agneeta Lane, Kuna, Idaho 83634; NNA, 1918, 1924, 1930, 1936, 1944, 1950, 1956, 1964, 1970, 1976, 1982, 1988, 1994, 1995, 1989, 1983, 1977, 1971, 1965, 1957, 1951, 1945, 1937, 1931, and 1925 N. Puneeta Lane, Kuna, Idaho 83634; NNA N. Athlos Lane, Kuna, Idaho 83634; and may sometimes be associated with said Real Property. NOTICE IS FURTHER GIVEN that Builders Capital Mortgage Trust 2023-2, the "Beneficiary," elects to sell or cause the Property to be sold to satisfy said obligation in accordance with the terms of the Note and the Deed of Trust in a single sale. The Foreclosure Sale shall be made pursuant to the power of sale conferred in the Deed of Trust (defined below) to satisfy obligations secured thereby. The Foreclosure Sale will be made without covenant or warranty regarding title, possession or encumbrance. The Deed of Trust, Security Agreement, Assignment of Leases and Rents, Assignment of Contracts and Plans, and Fixture Filing referred to herein was executed by IMH BOISE ATHLETA, LLC, as "Grantor" (and/or "Athleta"), to Trustee Services, Inc., as original Trustee, for the benefit and security of CONSTRUCTION LOAN SERVICES II, LLC, as Beneficiary ("Original Lender"), dated October 25, 2024, and recorded October 31, 2024, as Instrument No. 2024-062002, official records of Ada County, Idaho ("Deed of Trust"). The beneficial interest under said Deed of Trust was assigned by the Original Lender to Builders Capital Finance II, LLC ("BCF"), by that certain Assignment of Deed of Trust, dated February 20, 2025, and recorded February 21, 2025, as Instrument No. 2025-010832, which was assigned from by BCF to the Beneficiary by that certain Assignment of Deed of Trust, dated February 20, 2025, and recorded February 21, 2025, as Instrument No. 2025-010889, official records of Ada County, Idaho. The Deed of Trust secures payment of (1) that certain Promissory Note, executed by Grantor, dated October 25, 2024 ("Athleta Note"); and through the cross-collateral provision regarding Related Loans, (2) that certain Promissory Note, executed by affiliated borrower, IMH Boise Cimarron, LLC ("Cimarron"), dated August 3, 2021, and most recently amended on October 31, 2024 by that certain Second Amendment to Loan Documents (collectivley the "Cimarron Note"); and (3) that certain Promissory Note, executed by affiliated borrower, IMH Boise Heritage, LLC ("Heritage"), dated August 18, 2021, and most recently amended on October 31, 2024 by that certain Second Amendment to Loan Documents ("Heritage Note" and collectively with the Athleta Note and Cimarron Note the "Notes"); secures the obligations and performance under those certain loan documents, including the Deed of Trust; and further secures all obligations, debts and liabilities of the Grantor and Affiliated Borrowers, Cimarron and Heritage, to Beneficiary. Alliance Title & Escrow, LLC has been appointed as Successor Trustee pursuant to Appointment of Successor Trustee dated August 26, 2025, recorded on September 4, 2025, as Instrument No. 2025-057368, records of Ada County, Idaho. THE ABOVE GRANTOR IS NAMED TO COMPLY WITH SECTION 45-1506(4)(a), IDAHO CODE. NO REPRESENTATION IS MADE THAT THE GRANTOR IS, OR IS NOT, PRESENTLY RESPONSIBLE FOR THIS OBLIGATION. The defaults for which the Foreclosure Sale is to be made, are as follows: (i) Athleta failed to pay the 2024 real property taxes and has permitted tax liens to be recorded against the Property, with the exception of Lots 1, 13, 23, 30, 37 and 51; (ii) Athleta failed to use the advances disbursed under the terms of the Loan Agreement for the payment of permit fees and Collab Architecture, as represented, which totaled $212,460.00; (iii) Athleta has failed to comply with the Construction Completion Schedule; (iv) Cimarron, a borrower under a Related Loan, as defined in the Deed of Trust, failed to make monthly interest payments required by the Cimarron Note since July 31, 2025 and has failed to make principal payment since November 2024, in the total sum of $4,500,000.00. Further, the obligation owed under the Cimarron Note matures on October 31, 2025 ("Cimarron Loan"); (v) Cimarron has failed to comply with the entitlement deadlines required to complete the Project; (vi) Heritage, a borrower under a Related Loan, as defined in the Deed of Trust, failed to make monthly interest payments required by the Heritage Note since July 31, 2025, and has failed to make principal payment since November 2024, in the total sum of $2,000,000.00. Further, the obligation owed under the Heritage Note matures on October 31, 2025 ("Heritage Loan"); (vii) Heritage has failed to comply with the entitlement deadlines required to complete the Project; and (viii) Athleta, together with the Affiliated Borrowers, Cimarron and Heritage, caused Beneficiary to incur additional foreclosure costs, trustee's fees and attorneys' fees. Under the terms of the loan documents entered into by Athleta, Cimarron, and Heritage (collectively "Borrowers"), all interest, late fees, legal expenses, advances made under the terms of the loan documents, and any other amounts owed by the Borrowers are capitalized monthly. The balance owing under the Athleta Note as of September 5, 2025, which is secured by the Deed of Trust, was $3,708,819.10 (which includes principal, less interest reserve balance, accrued interest and reconveyance fees), and continues to accrue interest, costs, expenses, and advances, made or actually incurred, in enforcing the obligations under the Loan Documents, protecting the Property, or in connection with the Foreclosure Sale, such as trustee's fees and/or reasonable attorney's fees and costs, as authorized in the Loan Documents. The balance owing under the Cimarron Note as of September 5, 2025, which is secured by the Deed of Trust, was $17,474,832.30 (which includes principal, accrued interest, and reconveyance fees), and continues to accrue interest, costs, expenses, and advances, made or actually incurred, in enforcing the obligations under the Loan Documents, protecting the property securing the Cimarron Note, or in connection with the Foreclosure Sale, such as trustee's fees and/or reasonable attorney's fees and costs, as authorized in the Loan Documents. The balance owing under the Heritage Note as of September 5, 2025, which is secured by the Deed of Trust, was $12,006,892.21 (which includes principal, accrued interest, and reconveyance fees), and continues to accrue interest, costs, expenses, and advances, made or actually incurred, in enforcing the obligations under the Loan Documents, protecting the property securing the Heritage Note, or in connection with the Foreclosure Sale, such as trustee's fees and/or reasonable attorney's fees and costs, as authorized in the Loan Documents. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. DATED this 10th day of September 2025. ALLIANCE TITLE & ESCROW, LLC, Successor Trustee By: /s/ Bobbi Dilley Name: Bobbi Dilley Its: Asst. Secretary Jessica Brocious Hawley Troxell Ennis & Hawley LLP P.O. Box 1617 Boise, Idaho 83701-1617 Telephone: (208) 344-6000 IPL0289313 Nov 8,15,22,29 2025
Post Date: 11/08 12:00 AM
Refcode: #IPL0289313 
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