NOTICE OF TRUSTEE'S SALE
Lot 42, Desert Aire Division No. 9, Phases 5 and 6, according to the plat thereof recorded in Volume 23 of Plats, Page(s) 85, 86, 87 and 88, records of Grant County, Washington (commonly known as Desert Aire, 205 North Moon River View, Mattawa, Washington 99349)
TRUSTEE James R. Ihnot P.S., a Washington Corporation
GRANTEE: The Public
LEGAL DESCRIPTION: Lot 42, Desert Aire Division No. 9, Phases 5 and 6, according to the plat thereof recorded in Volume 23 of Plats, Page(s) 85, 86, 87 and 88, records of Grant County, Washington
ASSESSOR'S TAX PARCEL NO.: 02-1688-445
REFERENCE NUMBER FOR DOCUMENTS RELEASED OR ASSIGNED: None.
PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24, ET. SEQ.
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 29th day of June,
2012, at the hour of 10:00 o'clock A.M. in the lobby of the Grant County Courthouse, 35 C Street N.W., 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 the County of Grant, State of Washington, to wit:
Lot 42, Desert Aire Division No. 9, Phases 5 and 6, according to the plat thereof recorded in Volume 23 of Plats, Page(s) 85, 86, 87 and 88, records of Grant County, Washington
(commonly known as Desert Aire, 205 North Moon River View, Mattawa, Washington 99349) which is subject to that certain Deed of Trust dated the September 18, 2008, recorded September 19, 2008, under Recorder's File No. 1243571 records of Grant County, Washington, from Gunner Soderman, as Grantor, to Stewart Title Guaranty Company, a Washington Corporation, Trustee, and James R. Ihnot P.S. as Successor Trustee, recorded March 6, 2012, under Grant County recording number 1297401, to secure an obligation in favor of Eric and Julie Foss, 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(s) for which this foreclosure is made is/are as follows:
Currently Due to Reinstate:
1. Delinquent payment for principal and interest and foreclosure costs and expenses as follows:
ARREARAGES
Principal payment due: $37,000.00
Interest and late charges due: $16,381.37
Delinquent taxes, liens, judgments and Deeds of Trust against
the property $ 2,221.00
Failure to pay real estate taxes for 2009, 2010 and 2011 To be determined
(Plus any taxes, interest and penalties due and to become due)
TOTAL: $55,602.37
In addition to the amounts in arrears specified above, you are or may be obligated to pay the following estimated charges, costs and fees to reinstate the Deed of Trust.
COSTS AND FEES
Attorneys' Fees $3,000.00
Title Report 750.00
Recording Fees 100.00
Service/Posting of Notices 300.00
Postage/Copying Expense 60.00
Telephone Charges 30.00
Inspection Fees 200.00
Trustees' Fees 600.00
Publication (estimate) 500.00
TOTALS: $5,540.00
GRAND TOTAL: $61,142.37
2. Failure to pay the following amounts which are now in arrears:
Description of Action Required To
Cure and Documentation
Default Necessary to Show Cure
Payment of all back due and current real
estate taxes: To be determined, plus interest,
penalties and fee
Payment of all liens, deeds of trust and other
encumbrances against the property
Total Current Estimated Reinstatement Amount: $61,142.37, plus unknown payments for liens, deeds of trust and encumbrances, plus taxes in the principal amount of (To be determined), plus interest and penalties and default interest and other fees, and any costs or charges incurred after this notice, if any.
The estimated amounts that will be due to reinstate on the 18th day of June, 2012 (11 days before the sale date) $64,537.57.
Additional Arrearages if not Paid
Additional Costs and Fees (included in reinstatement amount)
Attorneys' Fees $4,000.00
Title Report 750.00
Recording Fees 100.00
Service/Posting of Notices 400.00
Postage/Copying Expense 75.00
Telephone Charges 50.00
Inspection Fees 300.00
Trustees' Fees 1000.00
Publication (estimate) 750.00
TOTALS $7425.00
Total Estimated Reinstatement Amount as of the 18th day of June, 2012 (11 days before the sale date): $64,537.57, plus taxes, interest and fees, if any, and any payments due to third parties.
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal $37,000.00, together with interest as provided in the underlying Note and such other costs and fees as are due under the Note and Deed of Trust and as are provided by statute.
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. Said sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on the 29th day of June, 2012. 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 the 18th day of June, 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 the 18th day of June, 2012 (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 the 18th day of June, 2012 (11 days before the sale date), 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 prinicpal 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. This is an attempt to collect a debt and any information obtained will be used for that purpose.
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 address:
Gunner Edwin Soderman Gunner Edwin Soderman
10034-124th Avenue N.E. 205 North Moon River View
Kirkland, WA 98033 Mattawa, WA 99349
by personally serving Grantors, on or about January 10, 2012, proof of which is in the possession of the Trustee; and 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 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 the Revised Code of Washington, Chapter 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.
XI.
NOTICE TO GUARANTORS
If this Notice is being mailed or directed to any Guarantor, said Guarantor should be advised that: (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) the 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 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 a 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 Real 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 this 15th day of March, 2012.
James R. Ihnot P.S., a Washington professional
services corporation
/s/ _____________________________
James R. Ihnot, President and Trustee
JAMES R. IHNOT P.S.
610 Market Street, Suite 100
Kirkland, WA 98033
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this day personally appeared before me James R. Ihnot, known to me to be the Trustee herein and President of James R. Ihnot, P.S., a Washington professional services corporation, the company that executed the within and foregoing instrument, and acknowledged the said instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the company seal of said company.
GIVEN under my hand and official seal this 15th day of March, 2012.
/s/ ________________________________
Print Name: Colette C. Parker
NOTARY PUBLIC in and for the State of
Washington, residing at Redmond
My appointment expires: 1-9-15
#06002/2308825/2308936
Pub.: May 29 & June 18, 2012