NOTICE OF TRUSTEE'S SALE
That parcel of land located in a portion of the Southwest quarter of Section 15, Township 9 North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows;
PURSUANT TO THE REVISED CODE OF WASHINGTON
I
NOTICE IS HEREBY GIVEN that the undersigned Trustee, Bruce J. Blohowiak, will on December 7th 2012 at the hour of 10:00 a.m., at front steps of the Franklin County Courthouse, 1016 N. 4th Ave, Pasco, WA 99301-3706, in the City of Pasco, State of Washington, 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 Franklin, State of Washington, to-wit:
PARCEL A:
That parcel of land located in a portion of the Southwest quarter of Section 15, Township 9 North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows;
Beginning at the Northwest corner of the Southwest quarter of said section 15;
Thence South 00°26’24” West along the West line of said Southwest quarter for a distance of 1472.65 feet;
Thence leaving the West line of the Southwest quarter of said Section 15, South 89°33’36” East, 277.16 feet to the TRUE POINT OF BEGINNING, said point also being the most North.erly Northeast corner of the “Aldrich Parcel” as described under Franklin County Auditors File No. 1635325;
Thence along the boundary of said “Aldrich parcel” the following courses: Thence South 32°11’01” East, 222.54 feet;
Thence South 41°56’02” East, 229.96 feet;
Thence South 00°26’24” West, 360.14 feet to the Southeast corner of said “Aldrich parcel” said point also being on the Northerly right-of-way line of the “Franklin County Irrigation District No. 1 drainage canal”;
Thence leaving said “Aldrich parcel” and following the Northerly boundary of said “Franklin County Irrigation District No. 1 drainage canal” the following courses:
Thence Northeasterly, along the arc of a 159.15 foot radius, non-tangent curve to the left, through a central angle of 38°22’11” (the radius of which bears North 02°47’48” East) for an arc distance of 106.58 feet;
Thence North 54°25’37” East, 139.53 feet;
Thence Easterly, along the arc of a 71.62 foot radius tangent curve to the right, through a central angle of 39°48’05” (the radius of which bears South 35°34’23” East) for an arc dis.tance of 49.75 feet;
Thence South 85°46’18” East, 131.18 feet;
Thence Easterly, along the arc of a 143.24 foot radius tangent curve to the right, through a central angle of 19°05’55” (the radius of which bears South 04°13’42” West) for an arc dis.tance of 47.75 feet;
Thence South 66°40’23” East, 83.04 feet;
Thence Easterly, along the arc of a 143.24 foot radius tangent curve to the left, through a central angle of 27°19’06” (the radius of which bears North 23°19’37” East) for an arc distance of 68.30 feet;
Thence North 86°00’31” East, 67.10 feet;
Thence Southeasterly, along the arc of a 106.10 foot radius tangent curve to the right, through a central angle of 37°15’28” (the radius of which bears South 03°59’29” East) for an arc distance of 68.99 feet;
Thence South 56°44’01” East, 65.92 feet;
Thence Southeasterly, along the arc of a 190.98 foot radius tangent curve to the left, through a central angle of 22°24’54” (the radius of which bears North 33°15’59” East) for an arc dis.tance of 74.71 feet;
Thence South 79°08’55” East, 134.37 feet;
Thence Southeasterly, along the arc of a 190.98 foot radius tangent curve to the right, through a central angle of 14°20’29” (the radius of which bears South 10°51’05” West) for an arc distance of 47.80 feet;
Thence South 64°48’26” East, 46.78 feet;
Thence Southeasterly, along the arc of a 190.98 foot radius tangent curve to the left, through a central angle of 20°02’26” (the radius of which bears North 25°11’34” East) for an arc dis.tance of 66.80 feet;
Thence South 84°50’52” East, 99.43 feet;
Thence Southeasterly, along the arc of a 286.48 foot radius tangent curve to the right, through a central angle of 11°13’35” (the radius of which bears South 05°09’08” West) for an arc distance of 56.13 feet;
Thence South 73°37’17” East, 137.88 feet;
Thence Northeasterly, along the arc of a 114.59 foot radius tangent curve to the left, through a central angle of 39°21’36” (the radius of which bears North 16°22’43” East) for an arc dis.tance of 78.72 feet;
Thence North 67°01’07” East, 128.30 feet;
Thence Easterly, along the arc of a 114.59 foot radius tangent curve to the right, through a central angle of 43°46’16” (the radius of which bears South 22°58’53” East) for an arc dis.tance of 87.54 feet;
Thence South 69°12’37” East, 75.36 feet;
Thence Southeasterly, along the arc of a 190.98 foot radius tangent curve to the left, through a central angle of 17°56’33” (the radius of which bears North 20°47’23” East) for an arc dis.tance of 59.81 feet;
Thence South 87°09’10” East, 89.42 feet;
Thence Northeasterly, along the arc of a 114.59 foot radius tangent curve to the left, through a central angle of 28°22’06” (the radius of which bears North 02°50’50” East) for an arc dis.tance of 56.74 feet;
Thence North 64°28’44” East, 57.77 feet;
Thence Northeasterly, along a 286.48 foot radius tangent curve to the right, through a cen.tral angle of 07°06’55” (the radius of which bears South 25°31’16” East) for an arc distance of 35.58 feet to the Westerly right-of-way line of Saratoga Lane, said point being 30.00 feet Westerly of the centerline of said Saratoga Lane when measured at right angles or radial;
Thence leaving the Northerly right-of-way line of said “Franklin County Irrigation District Par.cel” and following the Westerly right-of-way line of said Saratoga Lane the following courses:
Thence Northerly along the arc of a 270.80 foot radius non-tangent curve to the right through a central angle of 12°44’51” (the radius of which bears South 81°53’30” East) for an arc dis.tance of 60.25 feet;
Thence Northerly, along the arc of a 215.17 foot radius curve to the left through a central angle of 20°24’58” for an arc distance of 76.67 feet;
Thence North 00°26’24” East, 137.20 feet;
Thence Northwesterly, along the arc of a 25.00 foot radius curve to the left, through a central angle of 56°27’44” for an arc distance of 24.64 feet to the most Easterly Southeast corner of LOT 128, “CHAPEL HILL, PHASE ONE” according to the Plat thereof, recorded in Volume “D” of Plats, page 286, Records of the Franklin County Auditor;
Thence leaving the Westerly right-of-way line of said Saratoga Lane and following the bound.ary of said “CHAPEL HILL, PHASE ONE” (D-286) the following courses:
Thence South 84°54’49” West, 203.39 feet to the Southwest corner of said LOT 128 (D-286); Thence North 67°59’48” West, 1236.18 feet to the Southwest corner of LOT 113 (D-286);
Thence North 23°02’35” East, 118.78 feet to the Northwest corner of said LOT 113 (D-286) said point also being on the Southerly right-of-way line of Woodbine Drive, said point being 30.00 feet Southerly of the centerline of said Woodbine Drive when measured at right angles or radially;
Thence leaving the boundary of said “CHAPEL HILL, PHASE ONE” (D-286) and following the Southerly right-of-way line of said Woodbine Drive the following courses:
Thence North 66°57’25” West, 50.29 feet;
Thence Northwesterly, along the arc of a 170.00 foot radius tangent curve to the left through a central angle of 22°38’08” for an arc distance of 67.16 feet;
Thence North 89°35’33” West, 429.60 feet;
Thence Southwesterly, along the arc of a 40.00 foot radius curve to the left through a central angle of 74°03’09” for an arc distance of 51.70 feet to the Easterly right-of-way line of Mead.owlands Lane, said point being 30.00 feet Easterly of the centerline of said Meadowlands Lane when measured at right angles or radially;
Thence leaving the Southerly right-of-way line of said Woodbine Drive and following the Easterly & Southerly right-of-way line of said Meadowlands Lane the following courses:
Thence South 16°21’17” West, 191.24 feet; Thence North 73°38’43” West, 60.00 feet;
Thence Northwesterly, along the arc of a 25.00 foot radius tangent curve to the left through a central angle of 90°00’00” for an arc distance of 39.27 feet to the Southerly right-of-way line of Aintree Drive, said point being 30.00 feet Southerly of the centerline of said Aintree Drive when measured at right angles or radially;
Thence leaving said Easterly and Southerly right-of-way line of said Meadowlands Lane and following the Southerly right-of-way line of said Aintree Drive the following courses:
Thence North 73°38’43” West, 325.10 feet;
Thence Northwesterly, along the arc of a 45.00 foot radius tangent curve to the left through a central angle of 15°54’54” for an arc distance of 12.50 feet to the TRUE POINT OF BEGINNING.
Now known as Chapel Hill Division II according to the Plat thereof recorded in Volume “D” of Plats, Page 397, records of Franklin County, Washington; Except Lots 18, 19, 21, 41, 68, 69, 72, 73, 84 and 85 of said plat of Chapel Hill Division H.
PARCEL B:
Tract A, CHAPEL HILL PHASE 1, according to the Plat thereof recorded in Volume D of Plats, Page 286, records of Franklin County, Washington.
Now known as Short Plat 2010-14 according to the survey thereof recorded August 20, 2010 under Auditor’s File No. 1754618, records of Franklin County, Washington, except Lots 1, 4 and 5 of said Short Plat.
PARCEL C: 117-470-139
A parcel of land in a portion of the Southeast quarter of Section 15, Township 9 North, Range 29 East, Willamette Meridian, Franklin County, Washington, described as follows:
Beginning at a Bureau of Reclamation Brass Cap marking the Northwest corner of the Southwest quarter of said Section 15, as shown in “CHAPEL HILL PHASE ONE” according to the Plat thereof, recorded in Volume D of Plats, page 286, Records of Franklin County, WA;
Thence South 00°26’24” West along the West line of the Southwest quarter of said Section 15 for a distance of 749.22 feet to the Northerly right-of-way line of Chapel Hill Boulevard, said point being 40.00 feet Northerly of the centerline of said Chapel Hill Boulevard when measured at right angles;
Thence leaving the West line of the Southwest quarter of said Section 15 and following the Northerly right-of-way line of said Chapel Hill Boulevard the following courses;
Thence South 89°35’33” East, 1284.93 feet; Thence South 85°43’29” East, 148.24 feet; Thence South 89°35’33” East, 301.99 feet;
Thence Southeasterly along the arc of a 730.00-foot radius tangent curve to the right (the radius of which bears South 00°24’27” West) through a central angle of 22°38’08” for an arc distance of 288.40 feet;
Thence South 66°57’25” East, 950.69 feet to the TRUE POINT OF BEGINNING;
Thence leaving the Northerly right-of-way line of said Chapel Hill Boulevard, North 23°02’35” East, 270.00 feet to the Southerly right-of-way line of State Route 182;
Thence along the Southerly right-of-way line of State Route 182, South 66°57’25” East, 806.00 feet;
Thence leaving the Southerly right-of-way line of State Route 182, South 23°02’35” West, 270.00 feet;
Thence North 66°57’ 24” West, 806.00 feet to the TRUE POINT OF BEGINNING.
the postal address of which it is more commonly known as: Various tracts of land and par.cels known as the “Chapel Hill Development” off of Chapel Hill Blvd. in the City of Pasco, Washington.
The above described real property is subject to a Deed of Trust dated April 28th 2010 by and between American Home Centers Tri Cities, LLC, a Washington Limited Liability Company, as Grantor, and LIBERTY BANKERS LIFE INSURANCE COMPANY , as Beneficiary, which Deed of Trust was recorded under Auditor’s File No. 1749448, records of Franklin County, Washington; an Assignment of Rents dated April 28th 2010 which Assignment of Rents was recorded under Auditor’s File No. 1749449; a Profits Participation Agreement dated April 28th 2010, a Memorandum of which was recorded under Auditor’s File No. 1749450, records of Franklin County, Washington; a Guaranty dated April 28th 2010 and that certain Pledge and Security Agreement with Assignment of Rents dated April 28th 2010 wherein LIBERTY BANKERS LIFE INSURANCE COMPANY was pledged 100% of your membership interest in All American Corporation, a Washington Corporation; with a Financing Statement(s) filed under Auditor’s File No. 1749451 records of Franklin County, Washington (collectively the “ Collateral Agreements”). The Deed of Trust encumbers real property in Franklin County, Washington, together with tenements, hereditaments, and the appurtenances belonging to or in any way appertaining, and the rents, issues and profits thereof.
II.
No action commenced by the beneficiary of the Deed of Trust is now pending to seek satis.faction 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 made is/are as follows:
Failure to pay when due the following amounts which are now in arrears:
1. The failure to pay the entire outstanding principal of $1,939,747.08 plus any and all accrued unpaid interest, default interest and applicable late charges and other costs and fees as provided as provided for in the Collateral Agreements from and after APRIL 28TH 2012.
Principal: $1,939.747.08; Interest: $48,637.73; Default Interest: $69,669.25; Late Charges: $1,907.40; Legal Fees: $8,059.99
2. Previous, foreclosure costs and fees:
a. Cost of Title Report for foreclosure $ 3,806.00
b. Service/Posting Notice of Default $ 58.50
c. Copying $ 10.00
d. Postage $ 54.70
e. Attorney’s Fee $ 3,000.00
TOTAL CHARGES, COSTS AND FEES $ 6,929.20
TOTAL AMOUNT IN DEFAULT $ 2,074,945.23*
(*as of August 28th 2012)
IV.
The sum owing on the obligation(s) secured by the Deed of Trust are as follows:
Principal $1,939,747.08 together with interest as provided in the note or other instrument secured from April 28th 2012 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 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 December 7th 2012. The default(s) referred to in paragraph III, must be cured by November 26th 2012, (11 days be.fore the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before November 26th 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 any time after November 26th 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 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 turstee to the Borrower and Grantor at the following addresses:
Loma Vista Tri-Cities LLC f/k/a
American Home Centers Tri Cities, LLC RR Land Holdings, LLC
Atten: James D. Weber c/o Dan Gaub, Registered Agent
14525 Newport Highway 7731 Englewood
Mead, WA 99021 Yakima, WA 98908
American Home Centers Tri Cities, LLC
3300 W. 19th Avenue Loma Vista Tri-Cities, LLC
Kennewick WA 99338 c/o Jason Powell, Registered Agent
RR Land Holdings, LLC 14525 N. Newport Hwy
P.O. Box 9494 Mead, WA 99021
Yakima, WA 98909
All American Corporation James D. Weber
c/o James D. Weber, Registered Agent 3300 W. 19th Avenue
14525 Newport Highway Kennewick WA 99338
Mead, WA 99021 All American Corporation
3300 W. 19th Avenue
Kennewick WA 99338
by both first-class and certified mail on the 26th day of June 2012 proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on the 24th day of July 2012 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 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 this sale on any grounds whatsoever will be afforded an op.portunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursu.ant 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 hav.ing 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
a. The Guarantor(s) 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.
b. The Guarantor(s) has/have 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.
c. The Guarantor(s) will have no right to redeem the property after the trustee’s sale,
d. 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.
e. In any action for a deficiency, the Guarantor(s) 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 encum.brances, 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.
XII.
RESERVATION OF RIGHTS
The Beneficiary reserves any and all rights, claims and causes of action under and pursu.ant to the terms of the Promissory Note, Deed of Trust, Security Agreement, Assignment of Rents, Pledge Agreement and any Modifications thereto including any Guaranty executed by any person or party in connection with the obligation described herein. Any and all rents collected and accepted by the beneficiary after the date hereof will not cure waive the default or reinstate or cure the obligation which is now in default. The Beneficiary also reserves the right, without waiving the default, to accept any funds and/or consideration it deems sufficient to release any portion of the real property described herein prior to sale. Any party interested in bidding at the Trustee’s Sale should contact the Successor Trustee, Bruce J. Blohowiak, 201 W. North River Drive, Suite 500, Spokane, WA 99201-2266 (509-777-1388) to verify the real property that will be sold at the Trustee’s Sale.
XIII.
CONDITIONS OF SALE
Any Trustee’s Sale is subject to a bankruptcy filing, a payoff, a reinstatement (if otherwise allowed) or any conditions of which the Trustee is not aware that would cause the cancella.tion of this sale as to the real property described herein or any portion of said real property. Further, if any of these conditions exist, this sale be null and void, the successful bidder’s funds shall be returned, and the Trustee and the Beneficiary shall not be liable to the suc.cessful bidder for any damages, costs and/o attorney fees. The sale will be made without covenant or warranty regarding title, possession(s) or encumbrances
DATED: August 28th 2012.
By__________________________________
Bruce J. Blohowiak, Successor Trustee
(Published November 8 and November 29, 2012, in the Franklin County Graphic.)