FIRST AMENDED NOTICE OF TRUSTEE'S SALE
ABBR. LEGAL: Lots 15 & 16, Blk 5; Lots 3-17 and 21-29, 30, Blk 8 and Lots 1-5 and 20-28, Blk 9, Resurvey of and Addition to Trinidad, Grant County, WA
PURSUANT TO
THE REVISED CODE OF WASHINGTON CHAPTER 61.24, ET.SEQ.
GRANTOR: Trinidad Trading Post Property, LLC, a Washington limited liability company
BENEFICIARY: Wheatland Bank, a Washington banking corporation
SUCCESSOR TRUSTEE: Michael K. Staub
D.O.T RECORDING #: 1229095
RECORDED: December 26, 2007
ABBR. LEGAL: Lots 15 & 16, Blk 5; Lots 3-17 and 21-29, 30, Blk 8 and Lots 1-5 and 20-28, Blk 9, Resurvey of and Addition to Trinidad, Grant County, WA
The address of which is more commonly known as NKA, Quincy, WA 98848. This property consists of undeveloped lots, not owner occupies residential property.
Tax Parcel No.: 05-0859-000; 05-0871-000; 05-0874-000; 05-0874-010; and 05-0875-000
TO: Trinidad Trading Post Property, LLC Richard A. Ludwigsen
P.O. Box 1836 P.O. Box 1836
Anacortes, WA 98221 Anacortes, WA 98221
Rozetta S. Ludwigsen Darren R. Ludwigsen
P.O. Box 1836 P.O. Box 1845
Anacortes, WA 98221 Bellevue, WA 98009
Munson Engineers, Inc.
c/o William J. Monnette
P.O. Box 2599
Wenatchee, WA 98807-2599
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on the 17th day of
August, 2012 at the hour of 10:00 o'clock, a.m., at the front steps of the Grant County Courthouse, Law and Justice Building, 35 C Street SW, Ephrata, Washington, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property which is situated in the County of Grant, State of Washington, to-wit:
Tax Parcel No. 05-0859-000; 05-0871-000; 05-0874-000; 05-0874-010; and 05-0875-000
See Attached Exhibit "A" for full legal description.
The address of which is more particularly known as NKA, Quincy, WA 98848.
Which is subject to that certain Deed of Trust dated December 6, 2007 and recorded on December 26, 2007, under recording no. 1229095, records of Grant County, Washington wherein Trinidad Trading Post Property, LLC is Grantor, to Security Title Guaranty, is Trustee, to secure an obligation in favor of Wheatland 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 Grantor's 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 pay the following past due amounts, which are in arrears:
Monthly Payments:
10 Regular Payments (8/5/11 to 5/5/12) $ 29,681.40
Late Charges/Fees:
Late Charges/Fees: $ 1,600.00
TOTAL MONTHLY PAYMENTS AND LATE CHARGES $ 31,281.40
b. Default other than failure to make monthly payments:
Claim of Lien Release of Lien
(Filed by Munson Engineers, Inc.)
IV.
The sum owing on the obligation secured by the Deed of Trust is Principal of $179,776.49, together with interest as provided in the Note or other instrument secured from the 6th day of December, 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 expenses of the sale and the obligation secured by the Deed of Trust as provided by statute. The sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on the 17th day
of August, 2012. The defaults referred to in paragraph III must be cured by the 6th day of
August, 2012 (11 days before the sale) to cause a discontinuance of the sale. The sale will
be discontinued and terminated if at any time on or before the 6th day of August, 2012 (11
days before the sale) 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 6th day of August, 2012, (11 days
before the sale) and before the sale, by the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrances 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 all other defaults.
VI.
A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following address:
Trinidad Trading Post Property, LLC Richard A. Ludwigsen
P.O. Box 1836 11264 Marine Drive
Anacortes, WA 98221 Anacortes, WA 98221
Rozetta S. Ludwigsen Darren R. Ludwigsen
11264 Marine Drive P.O. Box 1845
Anacortes, WA 98221 Bellevue, WA 98009
by both first class and certified mail on the 1st day of February, 2012, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, with said written notice of default or the written notice of default was posted in a conspicuous place at the real property described in paragraph I above, on the 11th day of February, 2012, 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 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 properties.
IX.
Anyone having any objections to this 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.
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 any 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 proceeding 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.
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 YOU 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.
NOTICE TO GUARANTOR:
Pursuant to RCW 61.24.042, this Notice of Trustee's Sale is directed to the guarantor of a commercial loan. Guarantor is hereby notified:
(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) 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 the 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: May 11, 2012 /s/______________________________
Michael K. Staub, Trustee
Stocker, Smith, Luciani & Staub, PLLC
312 W. Sprague Avenue
Spokane, WA 99201
(509) 327-2500
#08008/2487714/2487871
Pub.: July 20 & August 10, 2012