Thursday, May 02, 2024
62.0°F

Trustee's Sale No: 01-CM-116472

| June 28, 2012 1:00 PM

A PORTION OF GOVERNMENT LOTS 1 AND 2, SECTION 19, TOWNSHIP 9 NORTH, RANGE 30 E.W.M., RECORDS OF FRANKLIN COUNTY, WASHINGTON AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO.

Trustee's Sale No: 01-CM-116472 NOTICE OF TRUSTEE'S SALE Pursuant to R.C.W. Chapter 61.24, et seq. and 62A.9A-604(a)(2) et seq. TO: AES AT-1, INC. (formerly known as AFS, AT-1, INC.) DANIEL E. AUSTIN SANDRA L. AUSTIN I NOTICE IS HEREBY GIVEN that the undersigned Trustee, REGIONAL TRUSTEE SERVICES CORPORATION, will on July 27, 2012, at the hour of 10:00 AM, at AT THE MAIN ENTRANCE TO THE SUPERIOR COURTHOUSE, 1016 N. 4TH AVENUE, PASCO, WA, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real and personal property (hereafter referred to collectively as the "Property"), situated in the County of FRANKLIN, State of Washington: A PORTION OF GOVERNMENT LOTS 1 AND 2, SECTION 19, TOWNSHIP 9 NORTH, RANGE 30 E.W.M., RECORDS OF FRANKLIN COUNTY, WASHINGTON AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO. EXHIBIT ‘A’ Trustee Sale No. 01-CM-116472 Parcel A: A portion of Government Lots 1 and 2, Section 19, Township 9 North, Range 30 East, W.M., Records of Franklin County, Washington described as follows: Beginning at the Northwest corner of said Section 19; thence South 88º58’10” East along the North line of said Section 19, 710.32 feet; thence South 02º04’02” West parallel with the West line of the Northwest quarter of said Section 19, 1,212.20 feet to the true point of beginning; Thence continuing South 02º04’02” West for 177.45 feet; thence North 81º09’37” West 136.89 feet; thence North 87º55’58” West 36.57 feet; thence North 02º04’02” East parallel with the West line of said Northwest quarter, 130.37 feet to a point of curve; thence Northwesterly along said curve to the left, 10.94 feet through a central angle of 03º29’02” and a radius of 180.00 feet; thence South 87º55’58” East 172.83 feet to the true point of beginning. (Also known as Tract 1 of Binding Site Plan 95-01 recorded under Auditors File Number 520845) Parcel B: TOGETHER WITH the Reciprocal Easement and Restrictions Agreement recorded November 6, 2001 under Franklin County’s Auditor Number 1597390 for ingress and egress over and across the Common Areas for benefit of Parcel A. TOGETHER with all buildings, improvements and tenements now, previously, or hereafter erected on the property, and all heretofore or hereafter vacated alleys and streets abutting the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water, water rights and water stock appurtenant to the property, and, except to the extent owned by parties other than Borrower (as defined in the Deed of Trust), all fixtures, machinery, equipment, engines, boilers, incinerators, building materials, appliances and goods of every nature whatsoever now, previously, or hereafter located in, or on, or intended to be used in connection with the property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light; and all elevators, and related machinery and equipment, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, mirrors, cabinets, paneling, rugs, attached floor coverings, furniture, pictures, antennas, trees and plants, and, N/A; all of which, including replacements and additions thereto, shall be deemed to be and remain part of the real property covered by the Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate in the event the Deed of Trust is on a leasehold) are herein referred to as the “Property”. TOGETHER with all rents and revenues of the Property, including those now due, past due, or to become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the rents and revenues of the Property are payable. Notwithstanding anything to the contrary contained herein, the property described in this Exhibit shall not include any escrows, reserves, impounds or deposits held by Wells Fargo Bank, N.A., as trustee for the registered holders of Key Commercial Mortgage Securities Trust 2007-SL1, Commercial Mortgage Pass-Through Certificates, Series 2007-SL1 (“Noteholder”), or held by any servicer on behalf of Noteholder or its successors in interest, relating to the Deed of Trust or the real property encumbered thereby. Tax Parcel No: 113-300- 124, commonly known as 2705 SAINT ANDREWS LOOP, PASCO, WA. The Property is subject to, among other documents, that certain (i) Deed of Trust, Assignment of Rents and Security Agreement dated 3/23/2006, recorded 3/31/2006, under Auditor's/Recorder's No. 1680305, and re-recorded 4/4/2006 under Auditor’s/Recorder’s No. 1680546, records of FRANKLIN County, Washington, from AFS AT-1, INC., A WASHINGTON CORPORATION, AND DANIEL E. AUSTIN AND SANDRA L. AUSTIN, HUSBAND AND WIFE, as Grantor, to CHICAGO TITLE INSURANCE COMPANY, as Trustee, in favor of KEYBANK NATIONAL ASSOCIATION, as Beneficiary (the “Deed of Trust”), which Deed of Trust has been assigned to Wells Fargo Bank, N.A., as trustee for the registered holders of Key Commercial Mortgage Securities Trust 2007- SL1, Commercial Mortgage Pass- Through Certificates, Series 2007-SL1 (“Noteholder”) pursuant to that certain Assignment of Deed of Trust, Assignment of Rents and Security Agreement recorded 11/13/2007 under Auditor’s/Recorder’s No. 1710984 (ii) UCC Financing Statements and/or UCC Financing Statement Amendments filed under Franklin County Auditor’s/ Recorder’s No. 1705300, and (iii) UCC Financing Statements and/or UCC Financing Statement Amendments filed under Washington State Department of Licensing Filing No. 2006-094-8215-7, 2007-299-6230-0, 2010-338-5566-1, and 2012-060-4802- 9. The beneficial interest under said Deed of Trust and the obligations secured thereby are presently held by Noteholder. 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 default(s) for which this foreclosure is/ are made are as follows: FAILURE TO PAY THE MONTHLY PAYMENT WHICH BECAME DUE ON 10/1/2010, AND ALL SUBSEQUENT MONTHLY PAYMENTS, PLUS DEFAULT INTEREST, LATE CHARGES AND OTHER COSTS AND FEES AS SET FORTH. IN ADDITION, THE BENEFICIARY WILL REQUIRE AS A CONDITION TO REINSTATEMENT THAT YOU PROVIDE RELIABLE WRITTEN EVIDENCE THAT ALL PROPERTY TAXES AND HAZARD INSURANCE PREMIUMS ARE PAID CURRENT AS PROVIDED IN THE DEED OF TRUST. Failure to pay when due the following amounts which are now in arrears: Amount due as of April 27, 2012 Delinquent Payments from October 01, 2010 19 payments at $ 7,389.35 each $ 140,397.65 Default Interest (10/11/2010 – 4/27/2012): $ 190,872.30 Late Charges $ 6,650.46 Beneficiary Advances: $ 7,825.00 Legal Fees: $ 10,000.00 TOTAL: $ 355,745.41 IV The sum owing on the obligation secured by the Deed of Trust is: Principal of $1,091,752.75, together with interest as provided in the note or other instrument secured, 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 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 July 27, 2012. The default(s) referred to in paragraph III must be cured by July 16, 2012 (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before July 16, 2012, (11 days before the sale date) the default(s) as set forth in paragraph III is/ are cured and the Trustee's fees and costs are paid. The sale may be terminated at any time after July 16, 2012, (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 principal and interest secured by the Deed of Trust, plus the prepayment premium, late charges, 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 Borrower Grantor at the following addresses: AES AT-1, INC. FKA AFS AT-1, INC., 2705 SAINT ANDREWS LOOP, PASCO, WA, 99301 AES AT-1, INC. FKA AFS AT-1, INC., 1621 CORNWALL AVENUE, BELLINGHAM, WA, 98225 DANIEL E. AUSTIN, PO BOX 3027, PASCO, WA, 99302 DANIEL E. AUSTIN, 2705 SAINT ANDREWS LOOP, PASCO, WA, 99301 DANIEL E. AUSTIN, 1621 CORNWALL AVENUE, BELLINGHAM, WA, 98225 DANIEL E. AUSTIN, PO BOX 245, LUMMI ISLAND, WA, 98262 DANIEL E. AUSTIN, 127 UNDERHILL ROAD, BELLINGHAM, WA, 98225 SANDRA L. AUSTIN, 127 UNDERHILL ROAD, BELLINGHAM, WA, 98225 SANDRA L. AUSTIN, PO BOX 245, LUMMI ISLAND, WA, 98262 SANDRA L. AUSTIN, 1621 CORNWALL AVENUE, BELLINGHAM, WA, 98225 SANDRA L. AUSTIN, 2705 SAIN ANDREWS LOOP, PASCO, WA, 99301 SANDRA L. AUSTIN, PO BOX 3027, PASCO, WA, 99302 by both first class and certified mail on 3/9/2012, proof of which is in the possession of the Trustee; and on 3/9/2012, 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 on the real property described in paragraph I above, and the Trustee has possession of proof of such service or posting. VII The Trustee's Sale will be held in accordance with Ch. 61.24 RCW and anyone wishing to bid at the sale will be required to have in his/her possession at the time the bidding commences, cash, cashier's check, or certified check in the amount of at least one dollar over the Beneficiary's opening bid. In addition, the successful bidder will be required to pay the full amount of his/ her bid in cash, cashier's check, or certified check within one hour of the making of the bid. 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 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 same 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 obligation secured by the Deed of trust being foreclosed herein was not incurred primarily for personal, family or household purposes. Pursuant to RCW 61.24.100, the subject foreclosure does not preclude any judicial or non-judicial foreclosure of any other deeds of trust, mortgage, security agreements or other security interests granted to secure this obligation. The Beneficiary hereby reserves its right to foreclose any or all additional security. DATED: 4/26/2012 REGIONAL TRUSTEE SERVICES CORPORATION Trustee By LISA HACKNEY, AUTHORIZED AGENT Address: 616 1st Avenue, Suite 500 Seattle, WA 98104 Phone: (206) 340- 2550 Sale Information: www.rtrustee. com P945392 6/28, 07/19/2012