NOTICE OF TRUSTEE'S SALE

LOTS 7 TO 12, INCLUSIVE, BLOCK 4, PIERCE & MCGRATH FIRST ADDITION TO THE TOWN OF EPHRATA, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 1 OF PLATS, PAGE 39, RECORDS OF GRANT COUNTY, WASHINGTON, TOGETHER WITH THE VACATED ALLEY ADJACENT TO LOT 12. IN GRANT COUNTY, WASHINGTON

PURSUANT TO THE REVISED CODE OF WASHINGTON

CHAPTER 61.24, ET SEQ.

I.

NOTICE IS HEREBY GIVEN that the undersigned Successor Trustee will on the 27th day of September, 2013, at the hour of 10:00 a.m., under the covered area at the front entrance to the Grant County Courthouse, 35 C St NW, in the City of Ephrata, State of Washington, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real and personal property, situated in the County of Grant, State of Washington (the “Property”), to wit: LOTS 7 TO 12, INCLUSIVE, BLOCK 4, PIERCE & MCGRATH FIRST ADDITION TO THE TOWN OF EPHRATA, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 1 OF PLATS, PAGE 39, RECORDS OF GRANT COUNTY, WASHINGTON, TOGETHER WITH THE VACATED ALLEY ADJACENT TO LOT 12. IN GRANT COUNTY, WASHINGTON. Assessor's Tax Parcel ID No.: 14-0394-000 Together with all tenements, hereditaments, rights-of-way, easements, appendages and appurtenances belonging or in any way appertaining to the Property, including with limitation all of the right, title and interest of Borrower or Grantor in and to any avenues, streets, ways, alleys, vaults, strips or gores of land adjoining the Property, all rights to water, water stock, drains, drainage and air rights relating to the Property, and all claims or demands of Borrower or Grantor either in law or in equity in possession or expectancy of, in and to the Property; And together with all buildings, structures and other improvements now or hereafter erected on the Property, and all facilities, fixtures, machinery, apparatus, installations, goods, equipment, inventory, furniture, building materials and supplies and other properties of whatsoever nature, now or hereafter located in or used or procured for use in connection with the Property; And together with any and all rights of Borrower or Grantor without limitation to make claim for, collect, receive and receipt for any and all rents, income, revenues, issues, earnest money, deposits, refunds (including but not limited to refunds from taxing authorities, utilities and insurers), royalties, and profits, including mineral, oil and gas rights and profits, insurance proceeds of any kind (whether or not the Beneficiary requires such insurance and whether or not the Beneficiary is named as an additional insured or loss payee of such insurance), condemnation awards and other moneys, payable or receivable from or on account of any of the Property, including interest thereon, or to enforce all other provisions or any other agreement affecting or relating to any of the Property, to bring any suit in equity, action at law or other proceeding for the collection of such moneys or for the specific or other enforcement of any such agreement, award or judgment, in the name of Borrower or Grantor or otherwise, and to do any and all things that Borrower or Grantor is or may be or become entitled to do with respect thereto; And together with any and all rights of Borrower or Grantor in any and all accounts, rights to payment, contract rights, chattel paper, documents, instruments, licenses, contracts, agreements and general intangibles relating to any of the Property, including, without limitation, income and profits derived from the operation of any business on the Property or attributable to services that occur or are provided on the Property or generated from the use and operation of the Property;

And together with all of Borrower’s or Grantor’s rights as landlord in and to all existing and future leases and tenancies, whether written or oral and whether for a definite term or month to month or otherwise, now or hereafter demising all or any portion of the Property, including all renewals and extensions thereof and all rents, deposits and other amounts received or receivable thereunder; And together with all books and records of Borrower or Grantor relating to the foregoing in any form; And together with all of Borrower’s or Grantor’s right, title and interest in and to the leases, subleases, concessions, licenses, franchises, occupancy agreements, tenancies, subtenancies and other agreements (collectively, the “Leases”), and the right to collect all the income, rents, issues, profits, royalties and proceeds from the Leases and any business conducted on the Property and any and all prepaid rent and security deposit. JPMorgan Chase Bank, N.A. (the “Beneficiary”) has elected to treat the Property as real estate and to sell it as real estate at the trustee’s sale. The postal address of the Property is 530 – 550 C Street NW, Ephrata, Washington 98823 and 510 – 530 C Street NW, Ephrata, Washington 98823. The Beneficiary has declared a default on the obligation secured by that certain Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing dated January 8, 2008 and recorded on January 11, 2008 under Auditor’s File Nos. 1229950 and 1229962, Records of Grant County, Washington (the “Deed of Trust”). In September 2008, JPMorgan Chase Bank, N.A. acquired the Deed of Trust, the promissory note that it secures, and other assets of Washington Mutual Bank from the Federal Deposit Insurance Corporation, acting as receiver for Washington Mutual Bank and pursuant to its authority under the Federal Deposit Insurance Act, 12 U.S.C. § 1821(d). The beneficial interest under the Deed of Trust was assigned by the Federal Deposit Insurance Corporation to JPMorgan Chase Bank, N.A. by Assignment of Security Instrument and Loan Documents recorded on August 29, 2012 as Auditor’s File No. 1304834, Records of Grant County, Washington. The undersigned Successor Trustee was appointed pursuant to that certain Appointment of Successor Trustee recorded on January 22, 2013 under Auditor’s File No. 1311323, Records of Grant County, Washington.

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 failure to pay the following amounts when due under the promissory note dated January 8, 2008, which has a maturity date of February 1, 2038 and which was transferred to Beneficiary by allonge effective as of September 25, 2008: Monthly payments of principal, tax escrow, insurance escrow and interest accrued at the Note Rate from June 1, 2012 to May 13, 2013: $33,943.97; Interest accruing at the Default Rate from November 5, 2012 through May 13, 2013: $6,725.94; Late Charges: $627.46; TOTAL ARREARAGE: $41,297.37; Plus per diem interest from May 13, 2013 until paid. 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. Cost of title report for foreclosure: $930.00; Recording of notice of trustee’s sale: $78.00; Service/posting costs: $325.00; Copying, postage, and other administrative legal expenses: $75.00; Attorney/trustee’s fees and costs: $11,586.10; Less unapplied funds: ($35.98); SUBTOTAL CHARGES, COSTS AND FEES: $12,958.12; TOTAL ARREARS, AND ESTIMATED CHARGES, COSTS AND FEES: $54,255.49.

IV.

The sum owing on the obligation secured by the Deed of Trust includes principal in the amount of $257,588.77, together with tax escrow, insurance escrow, and Note Rate interest accrued from June 1, 2012 in the amount of $33,943.97 as of May 13, 2013, and together with Default Rate interest accrued from November 5, 2012 in the amount of $6,725.94 as of May 13, 2013, and together with such other costs and fees and late charges as are due under the note or other instrument secured, and as are provided by statute.

V.

The 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 the 27th day of September, 2013. The default(s) referred to in paragraph III above must be cured by the 16th day of September, 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 the 16th day of September, 2013 (11 days before the sale date), the default(s) as set forth in paragraph III is/are cured and the Successor Trustee’s fees and costs are paid. The sale may be terminated any time after the 16th day of September, 2013 (11 days before the sale date), and before the sale by the Borrower, Grantor, 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 to the Borrower/Grantor at the following addresses: Sun Basin Apartments LLC, 659 K Street, SE, Ephrata, WA 98823; Sun Basin Apts, LLC, 659 K Street, SE, Ephrata, WA 98823; Sun Basin Apts, LLC, PO Box 5221, George, WA 98824; Sun Basin Apts LLC, PO Box 876, Ephrata, WA 98823-0876; Sun Basin Apts LLC, c/o Rian J. Allred, Registered Agent, 56 C Street NW, Ephrata, WA 98823-1636; Sun Basin Apts, LLC, 21 Basin Street NW, Ephrata, WA 98823 by both first class and certified mail, return receipt requested, on the 3rd day of April, 2013, proof of which is in the possession of the Successor Trustee; and multiple copies of the written notice of default were posted in conspicuous places on the Property on the 3rd day of April, 2013, and the Successor Trustee has possession of proof of such postings.

VII.

The Successor 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 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 a lawsuit may result in a waiver of any proper grounds for invalidating the trustee’s sale. The Successor Trustee makes no representations or warranties concerning what interest in the Property is being sold. The Deed of Trust lien being foreclosed may not be a first lien position, or there may be other prior encumbrances of title. The Successor Trustee is not required to provide title information concerning the Property. Any person interested in this foreclosure is encouraged to make his or her own investigation concerning the ownership of the Property, and the position on title of the Deed of Trust being foreclosed. Any person interested in the foreclosure is also encouraged to consult an attorney, as the Successor Trustee will not provide legal advice concerning the foreclosure. The Successor Trustee does not provide information concerning the location of the debtors nor concerning the condition of the Property. No representations or warranties are made concerning the physical condition of the Property, or whether there are any environmental or hazardous waste liabilities or problems connected with this Property. Any person desiring title information, information concerning the physical condition of the Property, information concerning any hazardous waste or environmental issues, or other information about the real property being foreclosed upon should obtain all such information independently.

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 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. DATED: May 30, 2013. Susan T. Alterman, WSBA No. 30623, Successor Trustee, c/o Kell, Alterman & Runstein, L.L.P., 12405 SE 2nd Circle, Vancouver, WA 98684, Telephone: (360) 993-1133.

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Pub.: August 28, 2013