No. 13-09

 

January 24, 2013



Loan No: 21505701 APN: 120806-120011 TS No: 2012-2453WA 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 will on 2/22/2013, at 1:00 PM at At the main entrance to the Superior Courthouse, 64 Main Street, Cathlamet, Washington sell at public auction to the highest and best bidder, payable, in the form of cash, or cashier's check or certified checks from federally or State chartered banks, at the time to sale the following described real property, situated in the County of Wahkiakum, State of Washington, to-wit: All inventory, equipment, accounts (including but not limited to all health-care-insurance, receivables), chattel paper, instruments (including but not limited to all promissory notes) letter-at-credit rights, letters of credit, documents, deposit accounts, investment property, money, other rights to payment and performance, room receipts generated from the subject property, and general intangibles including but not limited to all software and all payment intangibles); all oil, gas and other minerals before extraction, all oil, gas, other minerals and accounts continuing as-extracted collateral; all fixtures; all timber to be out; all attachments, accessions, accessories, fittings, increases, tools, parts, repairs, supplies, and comingled goods relating to the foregoing property, and all additions, replacements of and substitutions for all or any part of the foregoing property; all insurance refunds relating to the foregoing property; all good will relating to the foregoing property, all records and data and embedded software relating to the foregoing property, and all equipment, inventory and software to utilized, create, maintain and process any such records and data on electronic media; and all supporting obligations relating to the foregoing property; all whether now existing or hereafter arising, whether now owned or hereafter acquired or whether now or hereafter subject to any rights in the foregoing property, and all products and proceeds (including but not limited to all insurance payments) of or relating to the foregoing property. ABBRE LEGAL: PTN. N1/2 AC ANDERSON DLC, SEC. 12 T8N R6WWM. See attached Exhibit A for complete legal. Commonly known as: 293-301 E. STATE ROUTE 4 Cathlamet, WA 98612 which is subject to that certain Deed of Trust dated 3/15/2006, recorded 3/27/2006, under Auditor's File No. 2010562, in Book //, Page // records of Wahkiakum County, Washington, from MANN CORPORATION, a Washington corporation, as Grantor(s), to WAHKIAKUM TITLE & ESCROW COMPANY, as Trustee, to secure an obligation in favor of NARA BANK, as Beneficiary, the beneficial interest in which was assigned by NARA BANK to BBCN Bank, Successor by merger Center Bank and Nara Bank. 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/Mortgage. Loan No: 21505701 T.S. No .: 2012-2453WA III. The default(s) for which this foreclosure is made is/are as follows: Failure to pay when due the following amounts which are now in arrears: PAYMENT INFORMATION FROM 4/24/2012 THRU NO. PMT 1 AMOUNT $864,739.74 TOTAL $864,739.74 LATE CHARGE INFORMATION FROM 4/24/2012 THRU NO. LATE CHARGES TOTAL $2,721.20 PROMISSORY NOTE INFORMATION Note Dated: 3/15/2006 Note Amount: $1,018,000.00 Interest Paid To: 12/25/2011 Next Due Date: 4/24/2012 IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $864,739.74, together with interest as provided in the Note from 12/25/2011, and such other costs and fees 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. Said sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on 2/22/2013. The defaults referred to in Paragraph III must be cured by 2/11/2013, (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before 2/11/2013 (11 days before the sale) the default as set forth in Paragraph III is cured and the Trustee’s fees and costs are paid. Payment must be in cash or with cashiers or certified checks from a State or federally chartered bank. The sale may be terminated any time after the 2/11/2012 (11 days before the sale date) and before the sale, by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance by paying the principal and interest, plus costs, fees and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust. VI. A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following address(es): NAME MANN CORPORATION, a Washington corporation ADDRESS 293-301 E. STATE ROUTE 4 Cathlamet, WA 98612 4216 Archer Dr. Bellingham, WA 98226 P.O. Box 587 Cathlamet, WA 98612 301 E State Route 4 Cathlamet, WA 98612 MANN CORPORATION. DBA Cathlamet FOOD MART GAS & DELI 293-301 E. State Route 4 Cathlamet, WA 98612 4216 Archer Dr. Bellingham, WA 98226 P.O. Box 587 Cathlamet, WA 98612 301 E State Route 4 Cathlamet, WA 98612 by both first class and certified mail on 10/17/2012, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, 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 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 and tenants. After the 20th day following the sale the purchaser has the right to evict occupants and tenants by summary proceedings under the Unlawful Detainer Act, Chapter 59.12 RCW. XI. You may contact the Department of Financial Institutions or the statewide civil legal aid hotline for possible assistance or referrals; and (I) In the event the property secured by the deed of trust is residential real property, the name and address of the owner of any promissory notes or other obligations secured by the deed of trust and the name, address, and telephone number of a party acting as a servicer of the obligations secured by the deed of trust." DEFICIENCY Pursuant to RCW 61.24. 100(3)(a)(i) and (10) BBCN Bank, Successor by merger Center Bank and Nara Bank reserves it rights to seek a deficiency judgment against MANN CORPORATION, A WASHINGTON CORPORATION DBA Cathlamet FOOD MART GAS & DELI, to the extent the fair value of the property sold at the trustee's sale to the beneficiary or an affiliate of the beneficiary is less than the unpaid obligation secured by the deed of trust immediately prior to the trustee's sale. NOTICE TO GUARANTORS Pursuant to RCW 61.24.042 and 61 .24.1 00, MANN CORPORATION, A WASHINGTON CORPORATION DBA Cathlamet FOOD MART GAS & DELI, as guarantors 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; the guarantors 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 guarantors will have no righlto redeem the property after the trustee's sale; subject to such longer periods as are provided in the Washington deed of trust act, chapter 61.24 RCW, 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; and 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. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. DATED: 11/16/2012 American Default Management 433 N. Camden Drive, 4th Floor Beverly Hills, CA 90212 (310) 855-0826 American Default Management 18908 E. Shannon Lane Spokane Valley, WA 99016 (800) 704-8727 Marvell L. Carmouche, Sr. Trustee Sale Officer P1003500

1/24, 02/14/2013

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