The Wahkiakum County Eagle - Established as The Skamokawa Eagle in 1891

NOTICE OF TRUSTEE'S SALE Pursuant to the Revised Code of Washington Chapter 61.24, et seq. T.S. No: D538059 WA Unit Code: D Loan No: 115203997-1/CASLAR Min No: 100186300000111078 AP #1: 121008-410001 THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 DAYS from the recording date on this notice to pursue mediation. Notice of Trustee's Sale to be recorded on 10/25/12. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help. SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission Telephone: 1-877-894-HOME (4663) Website: http://www.homeownership.wa.gov The United States Department of Housing and Urban Development Telephone: 1-800-569-4287 Website: http://www.hud.gov The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys Telephone: 1-800-606-4819 Website: http://www.nwjustice.org/what-clear I NOTICE IS HEREBY GIVEN THAT the undersigned trustee, T.D. SERVICE COMPANY OF WASHINGTON, 4000 W. Metropolitan Drive, Suite 400, Orange, CA 92868, will on FEBRUARY 22, 2013 at the hour of 10:00 A.M. AT THE MAIN ENTRANCE TO THE WAHKIAKUM COUNTY COURTHOUSE, 64 MAIN STREET Cathlamet , State of WASHINGTON, sell at public auction to the highest and best bidder, payable at the time of the sale, the following described real property, situated in the County of WAHKIAKUM, State of WASHINGTON, to Wit: PTN E HALF SE QTR S12 T10N R8W WM. EXHIBIT A That portion of the East One-Half of the Southeast Quarter (E1/2 SE 1/4) of Section Twelve (12), Township Ten (10) North, Range Eight (8) West of the Willamette Meridian, lying Northwesterly of the Northwesterly right-of-way line of the Hull Creek County Road, described as follows, to-wit: BEGINNING at a point on said right-of-way line which bears North 1,209.12 feet North of the Southeast corner of said Section and 663.96 feet West of the East line of said Section; thence North 25° East along said right- of-way line, 429 feet; thence North 35° East, 363 feet; thence North 70° West, 66 feet; thence 75° West, 99 feet; thence South 70° West, 165 feet; thence North 40° West, 66 feet; thence North 65° West, 594 feet; thence South 726 feet; thence South 65° West, 561 feet, more or less, to the POINT OF BEGINNING. Situate in the County of Wahkiakum, State of Washington. The street or other common designation if any, of the real property described above is purported to be: 109 HULL RD NKA 109 NORTH HULL CREEK ROAD, GRAYS RIVER, WA 98621 The undersigned Trustee disclaims any liability for any incorrectness of the above street or other common designation. which is subject to that certain Deed of Trust dated July 20, 2005, recorded July 28, 2005, under Auditor's File No. 2009433 in Book --- Page --- , records of WAHKIAKUM County, WASHINGTON, from WILLIAM B. CASLAR as Grantor, to FIDELITY SERVICE CORPORATION as Trustee, to secure an obligation in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., ACTING SOLELY AS NOMINEE FOR ACTION MORTGAGE COMPANY as Beneficiary. The beneficial interest was thereafter assigned under Auditor's No. 2018757 to STERLING SAVINGS 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. 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: 14 PYMTS FROM 09/01/11 TO 10/01/12 @ 681.03 $9,534.42 14 L/C FROM 09/16/11 TO 10/16/12 @ 34.05 $476.70 ADVANCE - ATTORNEY FEES $3,912.20 APPRAISAL FEE $475.00 PROPERTY INSPECTION $243.00 MISCELLANEOUS FEES $14.00 Sub-total of amounts in arrears: $14,655.32 As to the defaults which do not involve payment of money to the Beneficiary of your Deed of Trust, you must cure each such default. Listed below are the defaults which do not involve payment of money to the Beneficiary of your Deed of Trust. Opposite each such listed default is a brief description of the action necessary to cure the default and a description of the documentation necessary to show that the default has been cured. IV The sum owing on the obligation secured by the Deed of Trust is principal $97,002.56 together with interest as provided in the note or other instrument secured from 08/01/11, and such other costs and fees as are due under the note or other instrument secured, and as are provided by statute. V The above described real property will be sold to satisfy the expense of the 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 02/22/13. The default(s) referred to in paragraph III must be cured by 02/11/13, (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 02/11/13, (11 days before the sale date), the default(s) as set forth in paragraph III is/are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after 02/11/13, (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 obligation and/or Deed of 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 address: WILLIAM B. CASLAR 109 HULL RD GRAYS RIVER, WA 98621 SPOUSE OF WILLIAM B. CASLAR 109 HULL RD GRAYS RIVER, WA 98621 OCCUPANT 109 HULL RD GRAYS RIVER, WA 98621 WILLIAM B. CASLAR P O BOX 421 RYDERWOOD, WA 98581 SPOUSE OF WILLIAM B. CASLAR P O BOX 421 RYDERWOOD, WA 98581 WILLIAM B. CASLAR 210 TAYLOR ST. RYDERWOOD, WA 98581 SPOUSE OF WILLIAM B. CASLAR 210 TAYLOR ST. RYDERWOOD, WA 98581 by both first class and certified mail on August 8, 2012, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on August 8, 2012 , 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 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 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 GUARANTORS 1. If you are a guarantor of the obligations secured by the deed of trust, you 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. 2. You have 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. 3. You will have no right to redeem the property after the trustee's sale. 4. 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 other deed of trust granted to secure the same debt. 5. In any action for a deficiency, you 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 your 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. Notice and other personal service may be served on the Trustee at: T.D. SERVICE COMPANY OF WASHINGTON 520 E. Denny Way Seattle, WA 98122-2100 (800) 843-0260 (206) 859-6989 DATED: October 22, 2012 T.D. SERVICE COMPANY OF WASHINGTON, SUCCESSOR TRUSTEE By JOANNA L. DEVELASCO, ASSISTANT SECRETARY 4000 W. Metropolitan Drive Suite 400 Orange, CA 92868 (800)843-0260 (206) 859-6989 If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If available, the expected opening bid and/or postponement information may be obtained by calling the following telephone number(s) on the day before the sale: (714) 480-5690 or you may access sales information at http://www.tacforeclosures.com/sales TAC# 961574W PUB: 01/24/13, 02/14/13