NOTICE OF TRUSTEE SALE
Pursuant To the Revised Code of Washington 61.24 et seq. File No. 2010-33307 NOTICE IS HEREBY GIVEN that the undersigned Trustee RECONTRUST COMPANY, N.A. on July 30, 2010 at 10:00 AM
NOTICE OF TRUSTEE SALE
Pursuant To the Revised Code of Washington 61.24 et seq. File No. 2010-33307 NOTICE IS HEREBY GIVEN that the undersigned Trustee RECONTRUST COMPANY, N.A. on July 30, 2010 at 10:00 AM The Police Justice Court Building, 401 Balsam Street, in the City of Moses, Lake, WA 98837 State of Washington (subject to any conditions imposed by the trustee to protect the 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. 17-0668 000 A PORTION OF GOVERNMENT LOT 4 SECTION 17 TOWNSHIP 19 NORTH RANGE 28 E WM GRANT COUNTY WASHINGTON DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 4 THENCE NORTH 00 DEGREE 39 35 EAST 500 FEET TO THE POINT OF BEGINNING THENCE SOUTH 89 DEGREE 21 55 EAST 470 FEET THENCE NORTH 41 DEGREE 38 20 WEST 148 67 FEET THENCE NORTH 89 DEGREE 21 55 WEST 360 FEET TO THE WEST LINE OF SAID LOT 4 THENCE SOUTH 00 DEGREE 39 35 WEST 100 FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM THE COUNTY ROAD ALONG THE WEST LINE OF SAID LOT 4 EXCEPT THE EAST 150 FEET OF THE WEST 180 FEET. Commonly Known as: 3351 VALLEY RD NE MOSES LAKE WA 98837 which is subject to that certain Deed of Trust dated 11/05/2004 recorded on 11/10/2004 under Auditor's File No 1159285 and Deed of Trust re recorded on under Auditors File No records of Grant County Washington from JAMES O HERGERT, AN UNMARRIED MAN, as grantor to SECURITY TITLE as Trustee to secure an obligation in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC as beneficiary the beneficial interest in which was assigned by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC to BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP under an Assignment/Successive Assignments recorded under Auditors File No. 1268931 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 Ill The Beneficiary alleges default of the Deed of Trust for failure to pay the following amounts now in arrears and/or other defaults A Monthly Payments $20,066.19 B Late Charges $125.74 C Beneficiary Advances $166.00 D Suspense Balance ($0.00) E Other Fees $0.00 Total Arrears $20,357.93 F Trustee's Expenses (Itemization) Trustee's Fee $337.50 Title Report $793.07 Statutory Mailings $12.64 Recording Fees $66.00 Publication $750.00 Posting $200.00 Total Costs $2,159.21 Total Amount Due $22,517.14 Other potential defaults do not involve payment of 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 NNECESSARY 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 $179,619.94 together with interest as provided in the note or other instrument secured from 05/01/2009 and such other costs and fees as are due under the Note or other instrument secured and as are provided by statute The above-described real property will be sold to satisfy the expense of the 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 07/30/2010 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 07/19/2010 (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 07/19/2010 (11 days before the sale date) the defaults(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 07/19/2010 (11 days before the sale date) and before the sale by the Borrower Grantor and Guarantor or the holder of any recorded junior hen 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 address(es) enclosed JAMES O HERGERT 3351 Valley Rd NE Moses Lake WA 98837 JAMES O HERGERT 3351 VALLEY RD NE MOSES LAKE WA 96837 by both first class and either certified mail return receipt requested or registered mail on 03/23/2010 proof of which is in the possession of the Trustee and on 03/25/2010 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 such service or posting VII The Trustee whose name and address is 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 al) 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 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 Trustees 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 and/or any applicable Federal Law DATED: April 25, 2010 ReconTrust Company, N.A. By: HEIDI RECINOS Its Assistant Secretary ReconTrust Company, N.A. P.O. Box 10284 Van Nuys, CA 91410-0284 Phone: (800) 281-8219 Agent for service of process CT Corporation System 1801 West Bay Drive NW Ste 206 Olympia, WA 98502 Phone: (360) 357-6794 This firm is attempting to collect a debt. Any information obtained will be used for that purpose. The debt set forth on this notice will be assumed to be valid unless you dispute the debt by providing this office with a written notice of your dispute within 30 days of your receipt of this notice, setting forth the basis of your dispute. If you dispute the debt in writing within 30 days, we will obtain and mail verification of the debt to you. If the creditor identified in this notice is different than your original creditor, we will provide you with the name and address of the original creditor if you request this information in writing within 30 days. ASAP# 3544530 07/02/2010, 07/23/2010
#07031/1073827
Pub.: July 2 & 23, 2010