Web Legal 07/28/05
NOTICE OF TRUSTEE'S SALE
Pursuant to the Revised Code of Washington 61.24, et seq.
I.
On August 5, 2005, at 10:00 a.m. inside the main lobby of the Police Justice Building (Balsam Street Entrance) 401 South Balsam in the City of Moses Lake, State of Washington, the undersigned Trustee (subject to any conditions imposed by the trustee to protect lender and borrower) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property, situated in the County(ies) of Grant, State of Washington:
Tax Parcel ID No.: 17-0747-015 and 60-6728-000
Abbreviated Legal: a portion of SE quarter of the SW quarter of Section 18, Township 19 Range 28, Grant County, Washington
That portion of Government Lot 7 lying in the Southwest quarter of Section 18, Township 19 North, Range 28 E.W.M., Grant County, Washington, described as follows, : Commencing from a United States Bureau of Reclamation Brass Cap accepted as the Southwest corner of said Section 18, also as a point on the center line of County Road 3 N.E.; thence South 89 degrees 17' 30i East, along the South line of the Southwest quarter of said Section 18 and the center line of said Road 3 N.E., a distance of 1456.32 feet; thence North 01 degrees 03' 31i East, a distance of 328.73 feet to the True Point of the Beginning; thence North 01 degrees 03' 31i East, a distance of 222.67 feet; thence South 89 degrees 17' 30i East, a distance of 220.33 feet; thence South 12 degrees 04' 15i East, a distance of 42.96 feet; thence South 15 degrees 15' 17i West, a distance of 186.76 feet; thence North 89 degrees 17' 30i West, a distance of 184.29 feet to the True Point of Beginning.
Together with a 20 feet ingress and egress easement described as follows:
Commencing from a United States Bureau of Reclamation Brass Cap accepted as the Southwest corner of said section 18, also as a point on the centerline of County Road 3 N.E.; thence South 89 degrees 17'30i East, along said South line and said centerline, a distance of 1557.32 feet; thence North 15 degrees 15'17i East, a distance of 30.99 feet to the Northerly R/W of said road 3 N.E., said point being the True Point of Beginning; thence North 89 degrees 17'30i West, along said Northerly right-of-way, a distance of 20.66 feet; thence North 15 degrees 15'17i East, a distance of 2308.61 feet; thence South 89 degrees 17'30i East, a distance of 20.66 feet; thence South 15 degrees 15'17i West, a distance of 308.61 feet to the True Point of Beginning
Commonly known as: 6286 Road 3 Northeast
Moses Lake, WA 98837
which is subject to that certain Deed of Trust dated 12/14/98, recorded on 12/18/98, under Auditor's File No. 1038347 re-recorded 8/4/04 #1153720, records of Grant County, Washington, from Martin C. Pfeiffer, Jr., as a single person, as Grantor, to T.D. Service Co., as Trustee, to secure an obligation in favor of TMS Mortgage Inc., dba The Money Store, as Beneficiary, the beneficial interest in which was assigned by Homeq Servicing Corporation (Successor by merger TMS Mortgage Inc. dba The Money Store) to Homecomings Financial Network, Inc., under an Assignment/Successive Assignments recorded under Auditor's File No. 1111941.
II.
No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Grantor's or Borrower's default on the obligation secured by the Deed of Trust.
III.
The Beneficiary alleges default of the Deed of Trust for failure to pay the following amounts now in arrears and/or other defaults:
Amount due to reinstate by 04/29/05
A. Monthly Payments $50,103.57
B. Late Charges $2,505.15
C. Advances $14,814.79
D. Other Arrears $14,449.60
Total Arrearage $81,873.11
E. Trustee's Expenses
(Itemization)
Trustee's Fees $675.00
Attorneys' Fees $0.00
Title Report $522.83
Process Service $95.00
Statutory Mailings $96.00
Recording Fees $31.00
Publication $0.00
Other $1,611.99
Total Costs $3,031.82
Total Amount Due: $84,904.93
Other potential defaults do not involve payment to the Beneficiary. If applicable, each of these defaults must also be cured. Listed below are categories of common defaults which do not involve payment of money to the Beneficiary. Opposite each such listed default is a brief description of the action/documentation necessary to cure the default. The list does not exhaust all possible other defaults; any defaults identified by Beneficiary or Trustee that are not listed below must also be cured.
OTHER DEFAULT ACTION NECESSARY TO CURE
Nonpayment of Taxes/Assessments Deliver to Trustee written proof that all taxes and assessments against the property are paid current
Default under any senior lien Deliver to Trustee written proof that all senior liens are paid current and that no other defaults exist
Failure to insure property against hazard Deliver to Trustee written proof that the property is insured against hazard as required by the Deed of Trust
Waste Cease and desist from committing waste, repair all damage to property and maintain property as required in Deed of Trust
Unauthorized sale of property (Due on Sale) Revert title to permitted vestee
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal Balance of $85,606.38, together with interest as provided in the note or other instrument secured from 07/01/00, and such other costs and fees as are due under the Note or other instrument secured, and as are provided by statute.
V.
The above-described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. The sale will be made without warranty, express or implied regarding title, possession, or encumbrances on August 5, 2005. The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances costs and fees thereafter due, must be cured by 07/25/05 (11 days before the sale date), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before the close of the Trustee's business on 07/25/05 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, is/are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after 07/25/05 (11 days before the sale date), and before the sale by the Borrower, Grantor, any Guarantor or the holder of any recorded junior lien or encumbrance paying the entire balance of principal and interest secured by the Deed of Trust, plus costs, fees, and advances, if any made pursuant to the terms of the obligation and/or Deed of Trust.
VI.
A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following address(es):
NAME AND ADDRESS
Martin C. Pfeiffer, Jr. Jane Doe Martin
6286 Road 3 Northeast spouse of Martin C. Pfeiffer, Jr.
Moses Lake, WA 98837 6286 Road 3 Northeast
Moses Lake, WA 98837
Lawrence L. Tracy, Attorney at Law Jeffery B. Earl, Trustee
305 West Fourth Avenue 1334 South Pioneer Way
P.O. Box 1339 Moses Lake, WA 98837-2499
Moses Lake, WA 98837-1339
by both first class and either certified mail, return receipt requested, or registered mail on 8/27/04, proof of which is in the possession of the Trustee; and on 8/28/04 Grantor and Borrower were personally served with said written notice of default or the written notice of default was posted on a conspicuous place on the real property described in paragraph I above, and the Trustee has possession of proof of such service or posting.
VII.
The Trustee whose name and address are set forth below will provide in writing to anyone requesting it a statement of all foreclosure costs and trustee's fees due at any time prior to the sale.
VIII.
The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their right, title and interest in the above-described property.
IX.
Anyone having any objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee's sale.
X.
NOTICE TO OCCUPANTS OR TENANTS - The purchaser at the Trustee's Sale is entitled to possession of the property on the 20th day following the sale, as against the Grantor under the deed of trust (the owner) and anyone having an interest junior to the deed of trust, including occupants and tenants. After the 20th day following the sale the purchaser has the right to evict occupants and tenants by summary proceedings under the unlawful detainer act, Chapter 59.12 RCW.
The trustee's rules of auction may be accessed at www.northwesttrustee.com and are incorporated by this reference. You may also access sale status at www.northwesttrustee.com
DATED: April 29, 2005 Northwest Trustee Services, Inc., Trustee
/s/ by Shannon Blood
PO BOX 997
Bellevue, WA 98009-0997
Contact: Shannon Blood
(425) 586-1900
#07006
Pub.: July 7, 28, 2005