AMENDED NOTICE OF TRUSTEE'S SALE
The street addresses of the Property are commonly known as:
13624 N. Frontage Road E., Moses Lake, Washington (TPN: 18-0256-000)
xxx N. Frontage Road E., Moses Lake, Washington (TPN: 18-0264-000)
PURSUANT TO REVISED CODE OF WASHINGTON
CHAPTER 61.24
Moses Lake Wellland, LLC Moses Lake Wellland, LLC
c/o Richard B. Blackwell, Manager c/o Shawn Bunce, Registered Agent
2221 – 180th Place NE 8929 10th Street Court E
Redmond, Washington 98052 Puyallup, Washington 98375
Richard B. Blackwell Richard B. Blackwell
423 Armour Drive P.O. Box 16806
Jackson, Mississippi 39236 Jackson, Mississippi 39236
Richard B. Blackwell Moses Lake Wellland, LLC
220 Patrick Lane P.O. Box 16806
Ashland, Oregon 93720 Jackson MS 39236
Ian Ledlin Philipp C. Theune
Phillabaum, Ledlin , Matthews & Powell Theune PC
Sheldon. PLLC 2010 E. 17th Ave.
1235 N. Post St., Ste. 100 Denver, CO 80206
Spokane, WA 99201
Columbia Water Services Columbia Northwest Engineering, P.S.
249 North Elder Street 249 North Elder Street
Moses Lake, WA 98837 Moses Lake, WA 98837
I.
NOTICE IS HEREBY GIVEN that the undersigned successor Trustee will, on May 31, 2013, at the hour of 10:00 a.m. at the Police Justice Court Building, 401 Balsam St., City of Moses Lake, Grant County, State of Washington, sell at public auction to the highest and
best bidder, payable at the time of sale, the following described real property (the “Property”), situated in Grant County, State of Washington, to wit:
Parcel 2:
All that portion of the Southeast quarter of the Northeast quarter of Section 32, Township 19 North, Range 29 E.W.M., Grant County, Washington, lying Northerly of Primary State Highway No. 18, Junction Secondary State Highway No. 11-G to Raugust, as shown on Book “A” of Highway Plats, page 54, records of Grant County, Washington, and Southerly of a line drawn parallel with and 580 feet distant Northerly, when measured at right angles, from the centerline of said Highway; EXCEPTING therefrom, the Easterly 180 feet of said subdivision, and EXCEPT that portion thereof described as follows:
Commencing at the Northeast corner of said Section 32; thence along the East line of said Northeast quarter, South 00°23'37" East, a distance of 1325.12 feet to the Northeast corner of said Southeast quarter of said Northeast quarter; thence along the North line of said Southeast quarter South 89°07'13" West to the Northeast corner of that certain parcel of land as recorded under Grant County Auditor’s File No. 790610, in Book 16 of Surveys, page 60, records of Grant County, Washington; thence along the East line of said parcel, parallel to said East line of said Southeast quarter, South 00°23'37" West, a distance of 651.61 feet to the True Point of Beginning; thence continuing parallel to said East line of said Southeast quarter, South 00°23'37" West, a distance of 403.12 feet to an intersection with the Northerly right of way line of Primary State Highway No. 18; thence along said Northerly right of way line North 82°28'32" West, a distance of 60.47 feet; thence parallel to said East line of said Southeast quarter North 00°23'37" East to an intersection with the Southerly line of said parcel; thence along said Southerly line of said parcel South 82°26'02" East, a distance of 60.47 feet to the True Point of Beginning.
Parcel 3:
A Tract of land in the Northeast quarter of Section 32, Township 19 North, Range 29 East, W.M., Grant County, Washington, said Tract a portion of Parcel ‘B’ and ‘C’, per the survey thereof recorded under AFN 1132963 in Book 43 of surveys, pages 7, 8, and 9, records of said Grant County, more fully described as follows:
Commencing at the Northeast corner of said Section 32, a 3/4" iron pin in monument case, said corner bears South 88°58'36" East, 2664.65 feet from the North quarter corner of said Section 32, a U.S.B.R. Brass Cap; thence North 88°58'36" West along the North line of said Section 32, a distance of 180.01 feet to the Northeast corner of Parcel ‘B’ per said survey filed under AFN 1132963; thence South 00°23'45" West along the East line of said Parcel B, 1327.09 feet to the Southeast corner of said Parcel ‘B’; thence North 89°06'44" West along the South line of said Parcel ‘B’, 1003.95 feet to the Southeast corner of parcel ‘C’ per said survey filed under AFN 1132963, the True Point of Beginning; thence the following five (5) courses and distances along the Southerly boundary of said Parcel ‘C’; thence North 89°06'44" West, 150.00 feet; thence South 00°28'04" West, 141.32 feet; thence North 89°06'46" West, 691.02 feet; thence North 00°53'14" East, 111.25 feet; thence North 89°06'46" West, 363.81 feet, to the centerline of U.S.B.R. Canal EL 29; thence North 00°32'24" East along the centerline of EL 29, a distance of 30.08 feet to the Southwest corner of Parcel ‘B’ per said survey filed under AFN 1132963; thence North 00°32'24" East along the West boundary of said Parcel ‘B’ and the centerline of EL 29, a distance of 412.48 feet; thence South 88°58'36" East, parallel with the North line of said Section 32, a distance of 1053.48 feet to a point that is South 00°28'04" West, 40.00 feet from the Southeast corner of APN 18-0266-000 as shown on said survey filed under AFN 1132963; thence South 00°28'04" West, 207.80 feet to a point on the North line of said Parcel ‘C’; thence South 89°06'44" East along the North line of said Parcel ‘C’, 150.00 feet to the Northeast corner of said Parcel ‘C’; thence South 00°28'04" West along the East line of said Parcel ‘C’, 202.20 feet to the True point of Beginning.
The street addresses of the Property are commonly known as:
13624 N. Frontage Road E., Moses Lake, Washington (TPN: 18-0256-000)
xxx N. Frontage Road E., Moses Lake, Washington (TPN: 18-0264-000)
which is subject to that certain deed of trust October 2, 2008, and recorded on July 16, 2010 in the records of Grant County, Washington under Auditor’s File No. 1273658 from Moses Lake Wellland, LLC, as Grantor, to Grant County Title, as original Trustee, as amended by that Amendment to Deed of Trust dated April 24, 2011 and recorded July 27, 2011, to secure an obligation in favor of Norman Sanguinetti as Trustee of the Sanguinetti Family Trust under Declaration dated August 30, 1991, and Bart Woytowicz, 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 Borrowers' or Grantors' default on the obligation secured by the Deed of Trust.
III.
The default for which this foreclosure is made is as follows:
Failure to pay to Beneficiary when due the following amounts, which are now in arrears:
Promissory Note (Extra Cash Advance Note)
Principal Balance Due $ 516,930.90
Interest (through April 2, 2013) 149,638.66
Promissory Note (Investment Note)
Principal Balance Due $ 1,400,000.00
Interest (through April2, 2013) 377,628.58
Total $ 2,444,198.14
IV.
The sum owing on the obligation secured by the Deed of Trust as follows: Principal balance on the loans is $1,916,930.90, together with interest as provided in the notes or other instrument secured, and such other costs and fees as are due under the notes 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 obligations 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 May 31, 2013. The default(s) referred to in Paragraph III must be cured by May 20, 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 May 20, 2013 (11 days before the sale date), the defaults as set forth in Paragraph III are cured, and the Trustee’s fees and costs are paid. The sale may be terminated any time after May 20, 2013 (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 obligations and/or Deed or Trust, and curing all other defaults
VI.
A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addresses:
Moses Lake Wellland, LLC Moses Lake Wellland, LLC
c/o Richard B. Blackwell, Manager c/o Shawn Bunce, Registered Agent
2221 – 180th Place NE 8929 10th Street Court E
Redmond, Washington 98052 Puyallup, Washington 98375
Richard B. Blackwell Richard B. Blackwell
423 Armour Drive P.O. Box 16806
Jackson, Mississippi 39236 Jackson, Mississippi 39236
Richard B. Blackwell
220 Patrick Lane
Ashland, Oregon 93720
by both first-class and certified mail on December 30, 2011, proof of which is in the possession of the Trustee; 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 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 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.
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 RCW 59.12. For tenant-occupied property the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060
NOTICE TO GUARANTORS. If you are a guarantor of a loan obligation secured by the Deed of Trust, please be aware that you may be liable for a deficiency judgment to the extent that the sale price obtained at the trustee's sale is less than the debt secured by the Deed of Trust. A 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's sale. A guarantor has no right to redeem the property after the trustee's sale. Subject to such longer periods as are provided in RCW Chapter 61.24, 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. In any action for a deficiency, the guarantor 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 encumbrances, and to limit the guarantor's 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.
This is an attempt to collect a debt and any information obtained will be used for that purpose.
DATED this 5th day of April, 2013.
TRUSTEE:
MN SERVICE CORPORATION (WA)
By: /s/ Lisa C. Lui________________
Lisa C. Lui, Vice President
4400 Two Union Square
601 Union Street
Seattle, Washington 98101-2352
Telephone: (206) 622-8484
#05033/3037856/3038109
Pub.: May 1 & 17, 2013