NOTICE OF TRUSTEE'S SALE
NOTICE OF TRUSTEE'S SALE
I.
THIS NOTICE IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 7th day of January, 2011, at the hour of 10:00 a.m., at the main entrance to the Grant County Superior Courthouse, 35 "C" Street NW, Ephrata, WA 98823, 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, to wit:
Lots 1 to 8, inclusive, Block 21, Resurvey of and Addition to Trinidad, according to the plat thereof recorded in Volume 1 of Plats, Page 61, Grant County, Washington, together with those portions of the vacated Fifth Street and vacated Crescent Drive, as vacated by Resolution No. 96-142-CC and recorded October 30, 1996, under Auditor's File No. 9610310001, which attached to said Block 21 by operation of law.
Tax Parcel No. 05-0899-000
which is subject to that certain Deed of Trust dated February 28, 2010, recorded in Grant County on March 4, 2010, under Grant County Recording No. 1267936, records of Grant County, Washington, from Paul R. Tetzlaff and Jamie Dee Tetzlaff, husband and wife, and James B.R. Ware and Sharon D. Ware, husband and wife, Grantors, to First American Title Insurance Company, Trustee, to secure an obligation in favor of ISOLA Financial, LLC, Beneficiary.
II.
No Action commenced by the Beneficiaries of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrowers' or Grantors' default on the obligation secured by the Deed of Trust.
III.
The defaults for which this foreclosure is made are as follows:
a. Failure to provide proof of payment of real property taxes for the year of 2010, and failure to provide proof of insurance on the premises as is required by the Deed of Trust.
b. Failure to pay the following past due amounts, which are now in arrears:
1) Monthly payments required by the Promissory Note in the sum of Two Hundred Seventy-Eight and 55/100 Dollars ($278.55), due on the 1st day of each month for the months of May 2010, June 2010, July 2010, August 2010, and September 2010. $1,392.75
2) Late charge of Five percent (5%) ($13.93) for the
months of May through September 2010. $ 69.65
3) Default interest differential at Eighteen percent
(18%) per annum from June 1, 2010. $ 417.23
TOTAL AMOUNT IN ARREARS $1,879.63
c. Trustee's Expenses
1) Trustee's & Attorney's Fees $1,540.00
2) Title Insurance $ 323.70
3) Statutory Mailings $ 53.82
4) Recording Fees $ 82.00
5) Publication $ 0.00
6) Posting $ 130.00
TOTAL TRUSTEE'S COSTS TO DATE $2,129.52
TOTAL AMOUNT TO CURE AT THIS TIME $4,009.15
IV.
The sum owing on the obligation secured by the Deed of Trust is principal amount of Twenty-Two Thousand Two Hundred Eighty-Four and 17/100 Dollars ($22,284.17), together with interest as provided in the Note or other instruments secured from March 1, 2010, and such other costs and fees as are due under the Note or other instruments 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 the 7th day of January, 2011. The defaults referred to in Paragraph III above must be cured by the 27th day of December, 2010 (11 days before the date of sale), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before the 27th day of December, 2010 (11 days before the sale date) the defaults as set forth in Paragraph III are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after the 27th day of December, 2010 (11 days before the sale date), and before the sale by the Borrowers or Grantors, 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 Notice of Default was transmitted by the Beneficiary or Trustee to the Borrowers, Grantors and Guarantors at the following addresses:
Paul R. Tetzlaff Jamie Dee Tetzlaff
14914 14th Avenue SE 14914 14th Avenue SE
Mill Creek, WA 98012 Mill Creek, WA 98012
James B. R. Ware Sharon D. Ware
1901 151st Street SE 1901 151st Street SE
Mill Creek, WA 98012 Mill Creek, WA 98012
by both first class and certified mail on the 27th day of July, 2010, proof of which is in the possession of the Trustee; and the Borrowers or Grantors were personally served with said Notice of Default, or the written Notice of Default was posted in a conspicuous place on the real property described in paragraph I above on the 29th day of July, 2010, and the Trustee has possession of proof of such service.
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 Grantors and all those who hold by, through or under the Grantors of all of 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'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 who are not tenants. After the 20th day following the sale the purchaser has the right to evict occupants who are not tenants by summary proceedings under Chapter 59.12 RCW. For tenant occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.
DATE: _September 23, 2010
_/s/__________________________
Gary O. Olson, Trustee
Law Offices of Gary O. Olson, P.C.
3900 East Valley Hwy., Suite 204
Renton, WA 98057
425-251-9313
#12048/1353072
Pub.: December 7 & 28, 2010