NOTICE OF TRUSTEE'S SALE
Legal Description: Lots 8 to 12, Block 4 North Ephrata Industrial Tract #1
Grantor(s): EAM Enterprises, LLC
Beneficiary: Whidbey Island Bank, successor in interest to the FDIC as Receiver of North County Bank
Legal Description: Lots 8 to 12, Block 4 North Ephrata Industrial Tract #1
Assessor’s Tax Parcel ID: 14-0110-000
File No: 2013-405
NOTICE OF TRUSTEE’S SALE
PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ.
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee, HACKER & WILLIG, INC.,
P.S., will on April 25, 2014 at 10:00 AM at the following location: At the Police Justice
County Building, 401 Balsam Street NKA 411 South Balsam Street, Moses Lake, WA (the new civic center will be 401 South Balsam Street), 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:
Lots 8, 9, 10, 11 and 12, Block 4, North Ephrata Industrial Tract No. 1, according to the plat thereof recorded in Volume 6 of Plats, page 8, records of Grant County, Washington.
The address of said property is 1290 Basin Street NW, Ephrata, WA 98823.
Assessor’s Tax Parcel ID: 14-0110-000
The afore-described real property is subject to that certain Deed of Trust dated September 18, 2007 and recorded on September 27, 2007, under Auditor’s File No. 1223852, records of Grant County, Washington from EAM Enterprises, LLC, a Washington limited liability company, as Grantor, to Chicago Title Company, as Trustee, to secure an obligation memorialized by a promissory note (the “Note”) in favor of North County Bank, as Beneficiary. Whidbey Island Bank, successor in interest to the FDIC as Receiver of North County Bank, is the current Beneficiary under said Deed of Trust.
As well as personal property as granted in the Deed of Trust and Commercial Security Agreement executed by EAM Enterprises, LLC, land as defined in the Uniform Commercial Code (“UCC”) Financing Statements filed with the Washington State Department of Licensing on February 5, 2010 under File Number 2010-036-0807-5, and subsequent Amendment filed on February 4, 2011 under File Number 2011-035-1127-5 as:
All Inventory, Chattel Paper, Accounts, Equipment and General Intangibles; whether any
of the foregoing is owned now or acquired later; all accessions, additions, replacements,
and substitutions relating to any of the foregoing; all records of any kind relating to any of
the foregoing; all proceeds relating to any of the foregoing (including insurance, general
intangibles and other accounts proceeds) including but not limited to items located at 1290
Basin Street NW, Ephrata, WA 98823.
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 Note originally matured on September 20, 2013. The Borrower failed to pay the note in full upon maturity. The defaults for which this foreclosure is made are as follows:
Currently Due to Pay off on January 23, 2014:
Loan No. xxxx5446 :
Principal balance $80,841.04
Interest (through January 23, 2014) $ 4,694.88
Late Charges $ 121.24
Total Due $ 85,657.16
Other potential defaults pursuant to the terms of the Note secured by the Deed of Trust may exist which do not involve payment to the Beneficiary. If applicable, each of these defaults must be cured. Listed below are categories of common defaults which do not involve payment of money to the Beneficiary. Opposite each listed default is a brief description of the action and/or documentation necessary to cure the potential default. This list does not exhaust all possible other defaults; any defaults identified by the Beneficiary or Trustee that are not listed below must also be cured.
OTHER DEFAULT CURE
Nonpayment of Taxes/Assessments Written proof to the Trustee that all taxes and
assessments against the property are paid current;
Default under any senior lien Written proof to the Trustee that all senior liens are paid current and that no other defaults exist;
Waste Cease and desist from committing waste, repair all damage to property and maintain property as required in Deed of Trust;
Unauthorized sale of property (Due on Sale) Revert title to permitted vestee.
Costs and Fees
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 pay off the Deed of Trust.
Trustee’s or Attorneys’ Fees $2,000.00
Title Report $ 566.48
Recording Fees $ 15.00
Posting of Notice of Default $ 105.00
Posting of Notice of Sale $ 105.00
Postage $ 150.00
Photocopies $ 75.00
Long distance telephone charges $ 10.00
Federal Express $ 40.00
Total Estimated Costs and Fees: $ 3,066.48
Additional Arrearages
Interest from January 23, 2014 to $2,882.36
April 25, 2014
@ 13.95 % per annum
92 days @ $31.33 per diem ___________
Subtotal: $ 2,882.36
Additional Costs and Fees
Est. Additional Trustee’s or $1,000.00
Attorneys’ Fees
Estimated Publication Costs $ 800.00
Subtotal: $ 1,800.00
Total Estimated Payoff Amount as of April 25, $93,406.00
2014:
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal $80,841.04, 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. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on the 25th day of April, 2014. The sale will be discontinued and terminated if at any time on or before April 25, 2014 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 on or 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 Trustee to the Borrower and Grantor at the following addresses:
EAM Enterprises, LLC Edward Lee Mattson
1290 Basin Street NE 614 S. Davies Road
Ephrata, WA 98823 Lake Stevens, WA 98258
EAM Enterprises, LLC Arline Kay Mattson
Kay Mattson, Registered Agent 614 S. Davies Road
1290 Basin Street NE Lake Stevens, WA 98258
Ephrata, WA 98823
Kay Mattson EAM Enterprises, LLC
1290 Basin Street NE 1290 Basin Street NW
Ephrata, WA 98823 Ephrata, WA 98823
Arline Kay Mattson Arline Kay Mattson
1290 Basin Street NE 1290 Basin Street NW
Ephrata, WA 98823 Ephrata, WA 98823
Edward Lee Mattson Edward Lee Mattson
1290 Basin Street NE 1290 Basin Street NW
Ephrata, WA 98823 Ephrata, WA 98823
Edward Lee Mattson Arline Kay Mattson
6145 Davies Rd 6145 Davies Rd
Lake Stevens, WA 98258 Lake Stevens, WA 98258
by both first class and certified mail on December 2, 2013, proof of which is in the possession of the Trustee; and on December 4, 2013 the Borrower and Grantor were personally served 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 an objection to the sale on any grounds whatsoever is 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. Service of process of any lawsuit or legal action may be made on HACKER & WILLIG, INC. P.S., whose address is 520 Pike
Street, Suite 2500, Seattle, WA 98101.
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.
XI.
Notice to Guarantor:
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. 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 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.
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’s sale. The Guarantor will have no right to redeem the property after the Trustee’s sale. Any action 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 (subject to such longer periods as are provided in RCW 61.24).
DATED this _23rd_ day of January, 2014.
HACKER & WILLIG, INC., P.S., Trustee
By: /s/_Arnold M. Willig____________________
Arnold M. Willig
For further information please call Ashley Jones at (206) 340-1935
#04003/3643156/3643260
Pub.: March 21 & April 11, 2014