NOTICE OF TRUSTEE SALE
File No.: 7069.24848 Grantors: Northwest Trustee Services, Inc. Ocwen Loan Servicing, LLC Grantee: James W. Schmidt and Denise L. Schmidt, husband and wife Tax Parcel ID No.: 11-0475-210 & 9-1325-301 Abbreviated Legal: LOT 1, BLOCK 1, CRESTVIEW HEIGHTS Notice of Trustee's Sale Pursuant to the Revised Code of Washington 61.24, et seq. I. On January 22, 2010, 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) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property "Property", situated in the County(ies) of Grant, State of Washington: Lot 1, Block 1, Crestview Heights Major Plat, as filed in Volume 16 of Plats on Pages 33, 34 and 35, records of Grant County, Washington, together with a triangular shaped Parcel of land, located in Government Lot 4, Section 16, Township 19 North, Range 28 E.W.M., the Northwesterly line of which lies parallel to and 60.00 feet distance at right angles, to the Southeast line of Lot 1, Crestview Estates No. 4, as filed in Volume 7 of Plats, Page 41, records of Grant County, and bounded on the South by the North line of Lot 1, Block 1, Crestview Heights Major Plat as filed in Volume 16 of Plats, on Page 33, 34 and 35, records of Grant County, Washington, being more fully described as follows: Beginning at the Northwest corner of said Lot 1, Block 1, Crestview Heights Major Plat, said point being a nontangent point of intersection of the South line of said Government Lot 4, with a 20.00 foot radius curve, con cave to the Southeast, the center of which bears South 44 degrees 23'30" East; thence along the North line of said Lot 1, Block 1, Crestview Heights Major Plat and the South line of said Government Lot 4, South 89 degrees 27'41" East, a distance of 117.76 feet to the Northeast corner of said Lot 1, Block 1, Crestview Heights Major Plat; thence on a projection of the Northeasterly line of said Lot 1, Block 1, Crestview Heights Major Plat, North 37 degrees 52'34" West, a distance of 73.30 feet to a point that is South 37 degrees 52'34" East, a distance of 60.00 feet from the Southeasterly corner of said Lot 1, Crestview Estates No. 4; thence parallel with and 60.00 feet distance from the Southeasterly line of said Lot 1, Crestview Estates No. 4, South 52 degrees 07'26" West, a distance of 90.00 feet to the beginning of said 20.00 foot radius curve; thence along said curve to the left through a central angle of 6 degrees 30'56" an arc distance of 2.27 feet (chord, bearing South 48 degrees 51'58" West, a distance of 2.27 feet) to a Point of Beginning. Commonly known as: 525 North Crestview Drive Moses Lake, WA 98837 which is subject to that certain Deed of Trust dated 01/17/08, recorded on 01/29/08, under Auditor's File No. 1230825, records of Grant County, Washington, from Denise L. Schmidt and James W. Schmidt, wife and husband, as Grantor, to Grant County Title Company, as Trustee, to secure an obligation "Obligation" in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for Lender and Lender's successors and assigns, as Beneficiary, the beneficial interest in which was assigned by Mortgage Electronic Registration Systems, Inc. to Ocwen Loan Servicing, LLC, under an Assignment/Successive Assignments recorded under Auditor's File No. 126969. *The Tax Parcel ID number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property's full legal description provided herein. 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. 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 10/20/09 Monthly Payments $19,211.28 Late Charges $663.74 Lender's Fees & Costs $0.00 Total Arrearage $19,875.02 Trustee's Expenses (Itemization) Trustee's Fee $725.00 Title Report $965.71 Statutory Mailings $9.56 Recording Costs $28.00 Postings $70.00 Sale Costs $0.00 Total Costs $1,798.27 Total Amount Due: $21,673.29 Other known defaults as follows: IV. The sum owing on the Obligation is: Principal Balance of $252,516.27, together with interest as provided in the note or other instrument evidencing the Obligation from 11/01/08, and such other costs and fees as are due under the Obligation, and as are provided by statute. V. The Property will be sold to satisfy the expense of sale and the Obligation as provided by statute. The sale will be made without representation or warranty, express or implied regarding title, possession, encumbrances or condition of the Property on January 22, 2010. 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 01/11/10 (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 01/11/10 (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 01/11/10 (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 Denise L. Schmidt 525 North Crestview Drive Moses Lake, WA 98837 James W. Schmidt 525 North Crestview Drive Moses Lake, WA 98837 by both first class and either certified mail, return receipt requested on 06/29/09, proof of which is in the possession of the Trustee; and on 06/29/09 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 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. 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 and www.USA-Foreclosure.com. EFFECTIVE: 10/20/09 Northwest Trustee Services, Inc., Trustee Authorized Signature P.O. BOX 997 Bellevue, WA 98009-0997 Contact: Vonnie McElligott (425) 586-1900. (TS# 7069.24848) 1002.135753-FEI
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