NOTICE
LOAN NO. xxxxxx8026 T.S. NO. 1143441-12 PARCEL NO. 02-0859-000 NOTICE OF TRUSTEE'S SALE I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, Cal-Western Reconveyance Corporation of Washington, will on September 26, 2008, at the hour of 10:00am, At the county courthouse, 35 c street nw in the city of Ephrata, State of Washington, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property, situated in the County(ies) of Grant, State of Washington to-wit: Lot 62 desert aire no 3 according to the plat thereof recorded in volume 9 of plats page 69 records of Grant county Washington which lies withinspecial water delivery unit 39, irrigation block 26 columbia basin project grant county washington according to the plat thereof filed november 25, 1981. Commonly known as: 513 Tyler Place West Desert Aire Wa 99349 which is subject to that certain Deed of Trust dated April 22, 2004, recorded April 26, 2004, under Auditor's File No. 1147405, Book xx, Page xx, records of Grant County, Washington, from Duane B Merkle as Grantor, to PRLAP, Inc as Trustee, to secure an obligation in favor of Bank of America, N.a. as Beneficiary, the beneficial interest in which was assigned by to Bank of America, N.a.. 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 Borrower's or Grantor's default on the obligation secured by the Deed of Trust. III. The default(s) for which this foreclosure is/are made as follows: Failure to pay when due the following amounts which are now in arrears: $10,944.61 (together with any subsequent payments, late charges, advances, costs and fees thereafter due). IV. The sum owing on the obligation secured by the Deed of Trust is: Principal Balance of $59,331.89, together with interest as provided in the note or other instrument secured from July 01, 2007, 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 September 26, 2008. The default(s) referred to in paragraph III, must be cured by September 15, 2008 (11 days before the sale date), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before September 15, 2008 (11 days before the sale date), the default(s) as set forth in paragraph III is/are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after September 15, 2008 (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 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 and curing all other defaults. VI. A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addresses: Duane B Merkle, 513 Tyler Place West, Desert Aire Wa 99349 by both first class and certified mail on April 17, 2008 proof of which is in the possession of the Trustee; and on April 18, 2008 the written notice of default was posted in a conspicuous place on the real property described in the paragraph I above, and the Trustee has possession of proof of such posting. VII. The Trustee whose name and address are set forth below will provide in writing to anyone requesting it, a statement of all costs and 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 interest in the above-described property. IX. Anyone having any objections 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. Date June 25, 2008 Cal-Western Reconveyance Corporation of Washington P.O. Box 22004 525 East Main Street El Cajon CA 92022-9004 (800) 546-1531 Signature/By Lorrie Womack . R-186117 08/22/2008, 09/12/2008
#09003
Pub.: August 22, September 12, 2008
Darren R. Krattli
EISENHOWER & CARLSON, PLLC
1201 Pacific Avenue, Suite 1200
Tacoma, WA 98402
Document Title: Notice of Trustee's Sale
Grantor: Eisenhower and Carlson, PLLC.
Grantee: Jude S. Jolma
Legal Description: Lot 36, Dune Lake Planned Unit
Reference No.: 1210693
Tax Parcel Nos.: 12-0154-336
AMENDED NOTICE OF TRUSTEE'S SALE
Issued Pursuant to RCW 61.24.140
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on September 26, 2008, at the hour of 10:00 a.m. at the main entrance to the Grant County Superior Courthouse, 35 C St. NW, Ephrata, Washington, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property, situated in the County of Grant, State of Washington:
See attached Exhibit A for full legal description
the postal address of which is more commonly known as 8071 Dune Lake Road SE, Moses Lake, Washington 98837, which is subject to that certain Deed of Trust dated March 7, 2007 and recorded on March 13, 2007 with the Grant County Auditor under Recording No. 1210693, records of Grant County ("Deed of Trust"), from Jude S. Jolma, as Grantor, to Chicago Title, as Trustee, to secure an obligation in favor of West Coast Bank, as Beneficiary.
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 Borrower's or Grantors' default on the obligation secured by the Deed of Trust.
III.
The default for which this foreclosure is made is as follows:
Failure to pay the following past due amounts which are in arrears:
1) All outstanding principal as of 6/9/2008: $462,137.35
2) All accrued interest as of 6/9/2008: $14,358.51
(per diem of $115.5343)
3) Late fees: $23,244.46
4) Other Charges $111.00
TOTAL PAST DUE PAYMENTS: $499,851.32
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal $462,137.35 together with interest as provided in the Note or other instrument secured from March 7, 2007, 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 September 26, 2008. The defaults referred to in Paragraph III must be cured by September 15, 2008 (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 September 15, 2008 (11 days before the sale date) the default(s) as set forth in Paragraph III is/are cured and the Trustee's fees and costs are paid. The sale may be terminated by the Grantors any time after September 15, 2008 (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 principal and interest secured by the Deed of Trust, plus costs, interest, late charges, fees and advances, if any, made pursuant to the terms of the obligations and/or Deed of Trust, and curing all other defaults.
VI.
A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower, Grantor, and/or Guarantor at the following addresses by both first class and certified mail, on February 15, 2008, proof of which is in the possession of the Trustee:
Jude S. Jolma Jude S. Jolma Jude S. Jolma or Occupant
713 SE 14th Avenue 713 SE commerce Avenue 8071 Dune Lake Road SE
Battle Ground, WA 98604 Battle Ground, WA 98604 Moses Lake, WA 98837
The written Notice of Default was also posted in a conspicuous place on the real property described in Paragraph I above on May 1, 2008. The Trustee has in Trustee's possession proof of such service/posting.
VII.
The Trustee, whose name and address is set forth below, will provide in writing to anyone requesting it a statement of all costs and fees due at any time prior to the sale.
VIII.
The effect of the sale will be to deprive the Grantors and all those who hold by, through or under Grantors, of all their 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' 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 purchase has the right to evict occupants and tenants by summary proceedings under the unlawful detainer act, Chapter 59.12 RCW.
XI.
Notice to Guarantors
If this Notice is being mailed or directed to any Guarantor, said Guarantor should be advised that: (1) the Guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the trustee's sale is less than the debt secured by the deed of trust; (2) the Guarantor has the same rights to reinstate the debt, cure the default, or repay the debt as is given to the grantor in order to avoid the trustee's sale; (3) the Guarantor will have no right to redeem the property after the trustee's sale; (4) subject to such longer periods as are provided in the Washington deed of trust act, chapter 61.24 RCW, any action brought to enforce a guaranty must be commenced within one year after the trustee's sale, or the last trustee's sale under any deed of trust granted to secure the same debt; and (5) in any action for a deficiency, the Guarantor will have the right to establish the fair value of the property as of the date of the trustee's sale, less prior liens and encumbrances, and to limit its liability for a deficiency to the difference between the debt and the greater of such fair value or the sale price paid at the trustee's sale, plus interest and costs.
DATED this 17th day of July, 2008.
EISENHOWER & CARLSON, PLLC
Successor Trustee
By:____________________________
Terrence J. Donahue
Address: 1201 Pacific Avenue, Suite 1200
Tacoma, WA 98402
Phone: (253) 572-4500
STATE OF WASHINGTON )
) ss.
COUNTY OF PIERCE )
On this 17th day of July, 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Eisenhower and Carlson, PLLC, by and through Terrence J. Donahue, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he signed and sealed the said instrument as his free and voluntary act and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above written.
Name: ________________________
Notary Public in and for the State of
Washington, residing at: __________
My Appointment Expires: _________
#08001
Pub.: August 22, September 12, 2008