AMENDED NOTICE OF TRUSTEE'S SALE
TO: Guillermo Herrera, a single man and to Beatriz Herrera, a single woman; to any occupants of the property; and to all other persons or entities claiming an interest in the subject property.
PURSUANT TO THE REVISED CODE OF WASHINGTON
CHAPTER 61.24, ET. SEQ.
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
TO: Guillermo Herrera, a single man and to Beatriz Herrera, a single woman; to any occupants of the property; and to all other persons or entities claiming an interest in the subject property.
Please Note: This replaces the Notice of Trustee’s Sale dated 5/21/2013.
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will on SEPTEMBER 20, 2013, at the hour of 10:00 o’clock, a.m., at the GRANT COUNTY SUPERIOR COURTHOUSE, in the City of Ephrata, Grant County, State of Washington, sell at public auction to the highest bidder, payable at the time of sale, the following described real properties, situated in the County of Grant, State of Washington, to-wit:
Deed of Trust #1:
Lot 20, Knolls Vista No. 5A, according to the Plat thereof recorded in Volume 5 of Plats, Page 46, records of Grant County, Washington.
Together with all improvements or fixtures located thereon.
Deed of Trust #2:
Lot 44, Knolls Vista Thirteenth Addition, according to the plat thereof recorded in Volume 5 of Plats, Page 36, records of Grant County, Washington.
TOGETHER WITH ALL BUILDINGS, IMPROVEMENTS, AND TENEMENTS NOW OR HEREAFTER ERECTED ON THE PROPERTY, AND ALL HERETOFORE OR HEREAFTER VACATED ALLEYS AND STREETS ABUTTING THE PROPERTY, AND ALL EASEMENTS, RIGHTS, APPURTENANCES, RENTS (SUBJECT HOWEVER TO THE ASSIGNMENT OF RENTS TO LENDER HEREIN), ROYALTIES, MINERAL, OIL AND GAS RIGHTS AND PROFITS, WATER, WATER RIGHTS, AND WATER STOCK APPURTENANT TO THE BUILDING, ALL MATERIALS, APPLIANCES AND GOODS OF EVERY NATURE WHATSOEVER NOW OR HEREAFTER LOCATED IN, OR ON, OR USED OR INTEDED 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; ALL OF WHICH INCLUDING REPLACEMENTS AND ADDITONS THERETO, SHALL BE DEEMED TO B E AND REMAIN A PART OF THE REAL PROPERTY COVERED BY THIS INSTRUMENT; AND ALL OF THE FOREGOING, TOGETHER WITH SAID PROPERTY ARE HEREIN REFERRED TO AS THE “PROPERTY”.
commonly known as:
Deed of Trust #1: 420 Northshore Drive, Moses Lake, WA 98837; aka 420 W. Northshore Drive, Moses Lake, WA 98837
TAX ACCOUNT NUMBER: 10-0356-000
Deed of Trust #2: 545 N. Dune Rd., Moses Lake, WA 98837;
TAX ACCOUNT NUMBER: 10-0503-000
Deed of Trust #1:
Which is subject to that certain Deed of Trust dated January 8, 2009, recorded January 14, 2009, in the mortgage records of Grant County, under Auditor’s File No. 1248841, records of Grant County, Washington, from Guillermo Herrera and Beatriz Herrera, husband and wife, whose address is 351 West Northshore Dr., Moses Lake, WA 98837, as Grantor, to Chicago Title Insurance Company, whose address is 636 N. Colorado Street, Kennewick, WA 99336, as Trustee to secure an obligation in favor of WADOT Capital, Inc., A Washington Corporation, whose address is 13751 Lake City Way N.E., Ste.222, Seattle, WA, 98125, as Beneficiary. The Beneficial interest has been assigned to Maple Valley Capital, Inc., whose address is PO Box 1006, Maple Valley, WA 98038 by an assignment recorded under Auditor’s File No. 1248842. Jerome A. Froland, whose address is PO Box 13125, Mill Creek, WA 98082, was appointed as successor trustee by an Appointment of Successor Trustee recorded in Grant County under Auditor’s File No. 1283660.
Deed of Trust #2:
Which is also subject to that certain Deed of Trust dated September 28, 2011, recorded October 18, 2011, in the mortgage records of Grant County, under Auditor’s File No. 1292084 and re-recorded March 28, 2013, under Auditor’s File No. 1314465, and re-recorded April 17, 2013, under Auditor’s File No. 1315509, records of Grant County, Washington from Guillermo Herrera, a single man whose address is 6333 Lake Washington Blvd. NE #307, Kirkland, WA 98034 and Beatriz Herrera, a single woman, whose address is 351 West Northshore Drive, Moses Lake, WA 98837; as Grantors, to Jerome A. Froland, Attorney as Trustee, whose address is PO Box 13125, Mill Creek, WA 98082, to secure an obligation in favor of Maple Valley Capital, LLC, whose address is PO Box 1006, Maple Valley, WA 98038, 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 default(s) for which this foreclosure is made is/are as follows:
- Failure to keep Real Property Taxes current; Taxes are delinquent for
Tax # 100356000 and Tax # 100503000 for 2011, 2012, 1st half of 2013
- Failure to keep property insured.
- Failure to make the following payments when due:
- Balloon Payment: due 10/1/2013 $ 69,473.30
- Balloon Payment Late Fee $ 2,084.20
- Extension Fee: due 10/1/2012 $ 870.35
- Failure to make interest payments at note rate
@ $24.12 per day (9/1/12 thru 9/30/12) $ 723.60
- Failure to make interest payments at default rate
@ $46.32 per day (10/1/12 thru 6/12/13) (255 days) $ 11,811.60
- Failure to pay late fees @$108.55/ month
Dec. 2011; Jan, Feb, March, Apr, June, July, Aug, $ 976.95
Sept. 2012
- Failure to repay insurance advance $ 769.58
Less partial late fee payment ($ 55.00)
Total Amount in default, excluding Real Property Taxes: $ 86,654.58
IV.
The sum owing on the obligation secured by the Deed of Trust is:
Principal $69,473.30, together with interest as provided in the note or other instrument secured from January 8, 2009 and 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 SEPTEMBER 20, 2013. The Default(s) referred to in paragraph III must be cured by SEPTEMBER 9, 2013 (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 SEPTEMBER 9, 2013 (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 SEPTEMBER 9, 2013 (11 days before the sale date) and before the sale by 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 Amended Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addresses:
Beatriz Herrera
351 West Northshore Dr.
Moses Lake, WA 98837
Guillermo Herrera
14825 10th Ave. SE
Mill Creek, WA 98012
Guillermo Herrera
6333 Lake Washington Blvd. NE #307
Kirkland, WA 98034
Guillermo Herrera
Beatriz Herrera
420 Northshore Drive
Moses Lake, WA 98837
Occupant/Tenant
420 Northshore Drive
Moses Lake, WA 98837
Guillermo Herrera
Beatriz Herrera
545 North Dune Road
Moses Lake, WA 98837
Occupant/Tenant
545 North Dune Road
Moses Lake, WA 98837
By both first class and either registered or certified mail on April 15, 2013, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on April 17, 2013, 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 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 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 right to evict occupants who are not tenants by summary proceedings chapter 59.12 RCW. For tenant occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.
*Beatriz Herrera has no personal liability on the promissory note. However, if the foreclosure is completed, any interest she has in either property will be extinguished.
THIS NOTICE IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DATED: 6-12-2013_______________________
Trustee: /s/ Jerome A. Froland, WSBA 14916
Address: P.O. Box 1312, Mill Creek WA 98082; Telephone: 425-778-5297
#09006/3257087/3257145
Pub.: August 21 & September 11, 2013