I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 28th day of May, 2010, at the hour of ten (10:00) o'clock A.M. in the Lobby of the Grant County Courthouse, 35 C. Street NW, Ephrata, Washington 98823, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property, situated in Grant County, Washington.
The property, which is not used principally for agricultural or farming purposes, is commonly known as Vacant lots in Willow Crest Estates, Moses Lake, WA 98337, bears the real property tax identification numbers: 12-1138-080; 12-1138-092 12-1138-200; 12-1138-201; 12-1138-202; 12-1138-203; 12-1138-204; 12-1138-205; 12?1138-206; 12?1138-207; 12-1138-208; 12-1138-210; 12-1138-211; 12-1138-212; 12?1138-213; 12?1138-214; 12-1138-215; 12?1138-219; 12-1138-220; 12-1138-221; 12?1138-222; 12-1138-223; 12-1138-224; 12?1138-225; 12?1138-226; 12-1138-229; 12?1138-230; 12?1138-231; 12?1138?232, and is described as:
Parcel 1:
Lots 1 and 2, Willow Crest Estates Phase 1, according to the plat thereof recorded in Volume 24 of Plats, page 64, records of Grant County, Washington.
Parcel 2:
Lot 3, Willow Crest Estates Phase 2, according to the plat thereof recorded in Volume 24 of Plats, page 69, records of Grant County, Washington.
Parcel 3:
Lots 1 through 9, 11 through 16, 20 through 27, and 30 through 33, Willow Crest Estates Phase 3, according to the plat thereof recorded in Volume 26 of Plats, pages 18, 19, 20, 21 and 22 records of Grant County, Washington.
Situate in the County of Grant, State of Washington.
which is subject to that certain Deed of Trust granted by Royalty Homes, LLC on October 18, 2007 and recorded with the Grant County Auditor on October 18, 2007 at Auditor No. 1225211 to secure an obligation in favor of First Heritage Bank, as Beneficiary.
II.
No action commenced by the Beneficiary of the Deed of Trust or the Beneficiary's successor is now pending to seek satisfaction of the obligation in any Court by reason of the Grantor's default on the obligation secured by the Deed of Trust.
III.
The default for which this foreclosure is made is for failure to pay when due the following amounts that are now in arrears:
Loan Number: 6155400034 - Promissory Note Dated: 03/28/2008 - ("2008 Note")
Principal: $867,310.86
Accrued unpaid interest: $ 30,377.74(through February 11, 2010)
Attorneys' Fees and Costs: $ 1,500.00 (estimated)
Total Due: $ 899,188.60
Loan Number: 6155400024 - Promissory Note Dated: 10/18/2007 - ("2007 Note")
Principal: $1,707,421.43
Accrued unpaid interest: $ 59,384.88 (through February 11, 2010)
Attorneys' Fees and Costs: $ 1,500.00 (estimated)
Total Due: $1,768,306.31
In addition to these monetary defaults,Royalty Homes, Inc. entered into a Construction Loan Agreement and Guaranty of Completion and Performance with regard to certain real property located at 6033 174th Avenue, SE in Bellevue, Washington. Royalty Homes, Inc. is in default on the 2007 Note for failing to pay the amount due on the Note on or before maturity. In addition, Royalty Homes, Inc. is in default on the 2008 Note for failing to make payments when due, also as more fully described below.
Royalty Homes, Inc. is also in default under the Construction Loan Agreement for failing to complete the Project by August 10, 2009. Royalty Homes is also in default for refusing access to the Project to the Bank's representatives on January 12, 2010. Further, Royalty Homes is in default for refusing to provide the Bank with the approved project plans, permits and specifications for the Project. A cure of these non-monetary defaults requires the following:
1. Turn over to the Bank all Project Documents, including permits, architectural drawings, plans, and specifications for the project.
2. Provide unimpeded access and control of the Project to the Bank and its chosen contractor or subcontractor, and not interfere with either the Bank or its contractor(s) in the performance of their work.
3. Make available to the Bank all materials and equipment purchased for the benefit of the Project, or to be installed at the Project.
IV.
The sum owing on the obligations secured by the Deed of Trust is: Principal $867,310.86 together with interest as provided in the Note or other instrument secured from March 28, 2008, and such other costs and fees as are due under the 2008 Note or other instrument secured, and as are provided by statute. Additionally, Principal in the amount of $1,675,425.00 together with interest as provided in the 2007 Note or other instrument secured from October 18, 2007, and such other costs and fees are due under the 2007 Note or other instrument secured, and as are provided by statute.
Interest is continuing to accrue at the rate of 18% or $433.66 per day on the 2008 Note and at the rate of 18% or $837.71 per day on the 2007 Note.
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 28th day of May, 2010. The defaults referred to in paragraph III must be cured by the 17th day of May, 2010 along with payment of other ordinarily scheduled monthly payments to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before the 17th day of May, 2010, the default as set forth in paragraph III is cured and the Trustee's fees and costs are paid. The sale may be terminated any time after the 17th day of May, 2010, and before the sale by the Grantor or the Grantor's successor in interest 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 Grantor or the Grantor's successor in interest at the following addresses:
POSTING AT: 3008 Valley Road NE
Moses Lake, WA 98837
Vacant lots in Willow Crest Estates, Parcel Numbers: 12-1138-080; 12?1138?082; 12-1138-092 12-1138-200; 12-1138-201; 12-1138-202; 12-1138- 203; 12-1138-204; 12-1138-205; 12-1138-206; 12-1138-207; 12-1138-208; 12-1138-210; 12-1138-211; 12-1138-212; 12-1138-213; 12-1138-214; 12- 1138-215; 12-1138-216; 12-1138-219; 12-1138-220; 12-1138-221; 12-1138- 222; 12-1138-223; 12-1138-224; 12-1138-225; 12-1138-226; 12-1138-229; 12-1138-230; 12-1138-231; 12-1138?232
BY FIRST CLASS AND CERTIFIED MAIL
Royalty Homes, Inc.
3008 Valley Rd NE
Moses Lake, WA 98837
Igor Gary Fendich
Natasha Fendich
7849 Blue Jay Drive NE
P.O. Box 1138
Moses Lake, WA 98837
on January 14, 2010, proof of which is in the possession of the Trustee.
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 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.
SEL, Inc.
Trustee by Thomas A. Lerner
800 Fifth Avenue, Suite 4000
Seattle, WA 98104-3179
#05006/961973
Pub.: April 23 & May 14, 2010
NOTICE OF TRUSTEE SALE
Notice of Trustee's Sale Pursuant To the Revised Code of Washington 61.24, et seq. File No. 2009-181823 NOTICE IS HEREBY GIVEN that the undersigned Trustee, RECONTRUST COMPANY, N.A. on June 11, 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.: 100543000 ALL THAT CERTAIN PARCEL OF LAND SITUATED IN THE COUNTY OF GRANT AND STATE OF WASHINGTON, BEING KNOWN AND DESIGNATED AS LOT 2. KNOLLS VISTA FOURTEENTH ADDITION, MOSES LAKE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE (S) 37. RECORDS OF GRANT COUNTY, WASHINGTON. Commonly Known as: 408 N CENTRAL DR ,MOSES LAKE.WA 988371603 which is subject to that certain Deed of Trust dated 06/09/2008, recorded on 06/19/2008,under Auditor's File No. 1238733 and Deed of Trust re-recorded on . under Auditor's File No , records of Grant County. Washington from MICHAEL A POFF II. AND AMANDA J POFF, HUSBAND AND WIFE, as grantor, to TITLE OF WASHINGTON, 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 Auditor's File No 1265866. 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. 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 $8,872.06 B. Late Charges $118.74 C. Beneficiary Advances $207.00 D. Suspense Balance ($458.86) E. Other Fees $0.00 Total Arrears $8,738.94 F. Trustee's Expenses (Itemization) Trustee's Fee $362.50 Title Report $674.38 Statutory Mailings $25.28 Recording Fees $66.00 Publication $750.00 Posting $200.00 Total Costs $2,078.16 Total Amount Due: $10,817.10 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 oof 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 $123,099.11, together with interest as provided in the note or other instrument secured from 07/01/2009 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 06/11/2010 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 05/31/2010 (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 05/31/2010 (11 days before the sale date), the defaults(s) as set forth in paragraph 111, 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 sdate may be terminated anytime after 05/31/2010 (11 days before the sale date), and before the sale by the Borrower, Grantor, and 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 address(es) enclosed: MICHAEL A POFF,II 408 N Central Dr Moses Lake. WA 98837 AMANDA J POFF 408 N Central Dr Moses Lake, WA 98837 MICHAEL A POFF II 408 N CENTRAL DR MOSES LAKE, WA 98837-1603 AMANDA J POFF 408 N CENTRAL DR MOSES LAKE, WA 98837-1603 by both first class and either certified mail, return receipt requested, or registered mail on 12/31/2009, proof of which is in the possession of the Trustee; and on 01/04/2010 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 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 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 who are not tenants After the 20th day following the sale the purchaser has the night 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: February 04,2010 RECONTRUST COMPANY, N.A. By: CHERYL LEE Its: Assistant Secretary RECONTRUST COMPANY. N.A. P.O. Box 10284 Van Nuys, CA 91410-0284 Phone: (800) 281-8219 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# 3479613 05/14/2010, 06/04/2010
#06001/998395
Pub.: May 14 & June 4, 2010
Ordinance No. 2562
An ordinance amending Chapter 3.38 of the Moses Lake Municipal Code entitled "Checks and Drafts"
(This summary is published pursuant to RCW 65.16.160. The full text of the ordinance will be mailed, without charge, to any person upon request.)
The Moses Lake City Council adopted an ordinance which authorizes the city to charge a $35 service or handling fee for returned ACH transactions.
This ordinance, which was passed on May 11, 2010 will be in force five days after publication.
#05038/1003532
Pub.: May 14, 2010
Ordinance No. 2561
An ordinance amending Chapter 2.30 of the Moses Lake Municipal Code entitled "Emergency Medical and Ambulance Service"
(This summary is published pursuant to RCW 65.16.160. The full text of the ordinance will be mailed, without charge, to any person upon request.)
The Moses Lake City Council adopted an ordinance which provides for an increase in ambulance rates each year by an amount equal to the increase in the consumer price index.
This ordinance, which was passed on May 11, 2010 will be in force five days after publication.
#05037/1003540
Pub.: May 14, 2010
NOTICE TO CONTRACTORS
SEAL COAT PROJECT - 2010
Moses Lake, Washington
Sealed bids will be received at City Hall, 321 South Balsam, (P. O. Box 1579), Moses Lake, Washington 98837, until JUNE 10, 2010, 10:00 A.M., for the above-named improvement. Said bids will be opened and publicly read at that time. All bids shall be received before said opening time in sealed envelopes with "SEAL COAT PROJECT - 2010" marked plainly thereon.
All bids shall be accompanied by a deposit in the form of a postal money order, cashier's check, or surety bond in an amount equal to 5 percent of the bid. Should the successful bidder fail to enter into a contract and/or to furnish a satisfactory contract bond within the time stated in the specifications, the deposit shall be forfeited to the City.
Copies of plans and specifications are on file at various construction councils and at City Hall and may be obtained for a non-refundable fee of $30.00 at the above address. Only bids from those who have purchased plans and specifications will be accepted per the special provisions.
Contact person: Jeffrey Holm, 509-766-9217
PROJECT DESCRIPTION: This project includes completing approximately 131,300 square yards with a 3/8-inch - No. 10 seal coat, completing approximately 52, 400 square yards with a 5/8-inch - No 4 seal coat, and fog sealing approximately 131, 300 square yards on streets within the City of Moses Lake. Additive 1 would allow completing another 39,500 square yards of streets with a 3/8-inch - No. 10 seal coat followed by a fog seal. Other work includes applying temporary raised pavement markings, sweeping, utility adjustments, flushing streets, brooming, traffic control, and permanent pavement markings. The asphalt emulsion to be used is CRS-2P.
Estimated Project Cost: $525,000 base bid; $625,000 with Additive 1
The City Council reserves the right to reject any or all bids if such action is in the best interest of the City.
#05036/1003543
Pub.: May 14 & 17, 2010