NOTICE OF TRUSTEE'S SALE
Legal Description: Lots 1 to 28, Block 6, and Lots 1 to 28, Avery’s Addition
(Deed of Trust #1703193)
Pursuant to the Revised Code of Washington
Chapter RCW 61.24, et seq.
Reference number(s) of related documents: 1703193; 1782240; 1787706
Grantor: All Pro Contracting, Inc.
Beneficiary: Columbia State Bank
Legal Description: Lots 1 to 28, Block 6, and Lots 1 to 28, Avery’s Addition
Complete legal description is on page 2 of this document
Assessor's Tax Parcel No’s: 113-773-052; 113-773-034; 113-773-043;
113-772-035
TO: All Pro Contracting, Inc., Borrower
2016 Road 44
Pasco, WA 99301
AND TO: Lonnie J. Haag, Guarantor
2016 Road 44
Pasco, WA 99301
Patricia Moreno-Haag, Guarantor
2016 Road 44
Pasco, WA 99301
AND TO: Each and every other person or entity claiming any right, title or interest in the property which is described in this Notice.
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on Friday, the 19th day of December, 2014, at the hour of 10:00 a.m., at the main entrance of the Franklin County Courthouse, 1016 North 4th Avenue, 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:
Lots 1 to 28, inclusive, Block 6, and Lots 1 to 28, inclusive, Block 7, Avery’s Addition, according to the Plat thereof recorded in Volume B of Plats, Page 65, records of Franklin County, Washington.
TOGETHER WITH vacated streets and alleys adjoining as vacated by Ordinance No. 2199 recorded under Auditor’s File No. 397640;
AND TOGETHER WITH that portion of Old Pasco Kahlotus Road adjoining said premises, vacated by Franklin County Commissioners on July 19, 1965 in Volume 13 of Commissioners Records, Page 254, which attached by operation of law; and
EXCEPT those portions conveyed to the State of Washington under Auditor’s File No. 53199, records of Franklin County, Washington
which is subject to that certain Deed of Trust dated June 4, 2007, recorded on June 5, 2007, under Auditor's Recording No. 1703193, records of Franklin County, Washington, from All Pro Contracting, inc., as Grantor, to Frontier Title and Escrow Insurance Company, as Trustee, to secure an obligation in favor of Bank of Whitman, as Beneficiary (the "Deed of Trust").
The beneficial interest in the Deed of Trust, and the secured obligation, are now held by Columbia State Bank, a state banking corporation, as Beneficiary, by virtue of an Assignment of Deed of Trust recorded on May 8, 2012, under Auditor’s File No. 1782240, records of Franklin County, Washington.
II.
No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation secured by the Deed of Trust in any court by reason of the Borrower's or Grantor's default on the secured obligation.
III.
The default(s) for which this foreclosure is (are) made are as follows:
1. Default on Secured Obligation: Failure to pay, when due, the following past due amounts which are now in arrears:
(1) The following amounts owing on the Deed of Trust and that certain Promissory Note dated June 4, 2007, made by All Pro Contracting, Inc., to the order of Bank of Whitman in the original principal sum of $1,811,382.00, providing for interest thereon at an initial non-default variable rate equal to the National Prime rate plus one and one-half percent (1.5%) per annum, subject to a minimum rate of seven and three-quarters percent (7.75%) per annum, and a default variable rate equal to the National Prime plus seven and one-half percent (7.50%) per annum, said Note having been modified by a series of Change in Terms Agreements, the last of which was dated November 3, 2010, which extended the maturity date of the Note to February 3, 2011, and established a non-default variable rate equal to the National Prime rate plus four and one-quarter percent (4.25%) per annum, subject to a minimum rate of seven and three-quarters percent (7.75%) per annum and a default variable rate equal to the National Prime plus ten and one-quarter percent (10.25%) per annum, for the Note's interest rates:
(i) Principal amount $306,134.31
(ii) Advances to pay delinquent real
property taxes
$ 7,328.00
(iii) Accrued interest through
10/24/14 in the total amount of: $112,364.45
(iv) Accrued late charges $ 660.11
(v) Appraisal fees $ 20,547.00
(vi) Environmental fees $ 11,844.35
(vii) Attorneys fees $ 34,991.00
(viii) Foreclosure expenses $ 6,154.35
TOTAL PRINCIPAL, ADVANCES, EXPENSES,
INTEREST, LATE CHARGES AND FEES OWING: $500,023.57
Together with additional interest accruing on the principal obligations, advances, fees, expenses and charges set forth above at the default rate of thirteen and three-quarters percent (13.75%) per annum after the date of this Notice and before the sale date.
#1703193
2. Defaults Other Than on Secured Obligations.
(1) Failure to pay general real property taxes, plus all penalties and interest, owing on the subject property, which are now delinquent, for the years, 2010, 2011, 2012, 2013 and 2014.
IV.
The amounts owing on the obligations secured by the Deed of Trust are as follows: (i) the principal sum of $306,134.31, together with interest at the rate of seven and three-quarters percent (7.75%) per annum from February 3, 2012 to April 20, 2012 and at the rate of thirteen and three-quarters percent (13.75%) per annum from
April 20, 2012, as provided in the June 4, 2007 Promissory Note as amended by Change in Terms Agreements; together with such advances, expenses, charges, costs
and fees as are due under the June 4, 2007 Promissory Note, the Deed of Trust or other instruments 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 Friday, the 19th day of December, 2014. The default(s) referred to in paragraph III must be cured by the 8th day of December, 2014 (eleven (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 8th day of December, 2014 (eleven (11) days before the sale date), the entire principal balance and all interest secured by the Deed of Trust, plus all costs, fees, expenses, charges and advances incurred or made pursuant to the Promissory Notes and or the Deed of Trust are paid in full. The sale may be terminated at any time after the 8th day of December, 2014 (11 days before the sale date), and before the sale, by the Borrower, Grantor, any Guarantor, the Grantor's successor in interest or the holder of any recorded junior lien or encumbrance paying the entire principal balance and interest secured by the Deed of Trust, plus all costs, fees, and advances incurred or made pursuant to the terms of the Promissory Note, the Deed of Trust or other secured obligation.
VI.
A written Amended Notice of Default was transmitted by the Beneficiary to the Borrower and Grantor, or Grantor's successor-in-interest, at the following addresses:
All Pro Contracting, Inc., Borrower Lonnie J. Haag, Guarantor
4514 West 9th Avenue 2016 Road 44
Kennewick, WA 99336 Pasco, WA 99301
Seattle, WA 98114
Patricia Moreno-Haag, Guarantor
2016 Road 44
Pasco, WA 99301
by both first class and certified mail on the 6th day of July, 2012, proof of which is in the possession of the Successor Trustee; and the Borrower and Grantor were personally served with said written Amended Notice of Default on the 10th day of July, 2012, and the Successor Trustee has proof of such service or posting.
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 above-described property.
IX.
Anyone having any objection 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.
X.
This Notice of Trustee’s Sale supersedes and replaces all prior Notices of Trustee’s Sale given in connection with the Deed of Trust described above, specifically including that certain Notice of Trustee’s Sale dated August 27, 2012, recorded August 29, 2012, under Auditor’s File No. 1787706.
XI.
NOTICE TO GUARANTORS: Lonnie J. Haag and Patricia Moreno Haag, the guarantors of the indebtedness and obligations secured by the June 4, 2007 Deed of Trust described above, are hereby notified as follows: (i) each guarantor 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; (ii) each 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; (iii) each guarantor will have no right to redeem the property after the Trustee’s Sale; (iv) subject to longer periods as are provided in the Washington Deed of Trust Act, Chapter 61.24 RCW, any action brought to enforce a guarantee 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; and (v) In any action for a deficiency, a 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 his or her 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.
This Notice of Trustee’s Sale is given pursuant to RCW 61.24.130(4) following Columbia State Bank (Beneficiary) obtaining relief from the stay with respect to the foreclosure of the Deed of Trust described above in the U.S. Bankruptcy Court for the Eastern District of Washington pursuant to the terms of the Debtor’s (Grantor’s) confirmed Amended Plan of Reorganization in Case No. 12-05354-FLK11.
Pursuant to the Fair Debt Collection Practices Act, you are advised as follows: This document is an attempt to collect a debt, and any information obtained will be used for that purpose.
DATED this 24th day of October, 2014.
Halverson Northwest Law Group P.C.
Successor Trustee
By: ALAN D. CAMPBELL, Vice President
(Published November 20, and December 11, 2014, in the Franklin County Graphic.)