14-36

 

March 27, 2014



No. 14-36

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 the 25th day of April, 2014, at the hour of 10:00 o'clock a.m., in the main lobby of the Wahkiakum County Court House located at 64 Main Street, City of Cathlamet, 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 Wahkiakum, State of Washington, to wit: That portion of the Charles D. McCall Donation Land Claim in the Southwest Quarter of Section 29, Township 9 North, Range 5 West of the Willamette Meridian, lying Northwesterly of the Northwesterly right-of-way line of the Elochoman Valley Road and lying Southeasterly of the Southeasterly right-of-way line of the Willamette Industries truck road mainline, more particularly described as follows, to-wit: Lot 2 of that certain short subdivision filed for record October 24, 2005, under Auditor’s File No. 2009893, in Volume 2 of Short Plats, page 19, records for Wahkiakum County, Washington. TOGETHER WITH AND SUBJECT TO the common use and maintenance of an easement for ingress, egress and utilities to and from the Elochoman Valley County Road 40 feet in width for the benefit of this and other property crossing the most Southwesterly 20 feet of said property; all as more particularly set-forth in that certain survey filed for record March 30, 2005, under Auditor’s File No. 2008815, in Volume 8 of Surveys, page 15, respectively, records of Wahkiakum County, Washington. Situate in the County of Wahkiakum, State of Washington (commonly known as 50 Elk Ridge Dr., Cathlamet Washington 98612-9649), which is subject to that certain Deed of Trust dated November 20th, 2008, recorded December 1, 2008, under Auditor's File No. 2014810, records of Wahkiakum County, Washington, from Lance R. Klecker and Shelly M. Klecker, at that time husband and wife, to Trustee Services, Inc., original trustee, to secure an obligation in favor of Anchor Bank, as Beneficiary.

II.

No action commenced by the Beneficiary of the Deed of Trust or the Beneficiary's successor 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. No action commenced by the Beneficiary of the Deed of Trust or the Beneficiary’s successor is now pending to foreclose any other security related to all or part of the debt secured by the Deed of Trust.

III.

The default(s) for which this foreclosure is made are as follows: 1. Failure to pay when due the following amounts which are now in arrears: MONTHLY PAYMENTS (Account No. 120326538): Six monthly payments for the months of August 2013 through January, 2014 - $11,731.86. LATE CHARGES (Account No. 120326538): Late charge in the amount of 5% for each monthly payment not made within 15 days of its due date - $586.59. TOTAL MONTHLY PAYMENTS AND LATE CHARGES: $12,318.45.

IV.

The sum owing on the obligation secured by the Deed of Trust is: Principal of $335,646.19 together with interest as provided in the note or other instrument secured from the 1st day of July, 2013, 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 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 default(s) referred to in Paragraph III must be cured by the 14th day of April, 2014 (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 April 14th, 2014 (11 days before the sale date), the default(s) 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 April 14th, 2014 (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, including but not limited to delinquent property taxes.

VI.

A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following address(es):

Lance R. Klecker

50 Elk Ridge Drive

Cathlamet, WA 98612

Shelly M. Klecker

50 Elk Ridge Drive

Cathlamet, WA 98612

Lance R. Klecker

2424 Hickory

Longview, WA 98632

by both first class and certified mail on the 18th day of November, 2013, proof of which is in the possession of the Trustee; and on November 19th, 2013 said 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 is 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. To the best of Trustee’s knowledge and belief the Grantor is not a member of the United States military forces.

The Trustee makes no representations or warranties concerning what interest in the real property described above is being sold. The Deed of Trust lien foreclosed may not be a first lien position, or there may be other prior encumbrances of title. The Trustee is not required to provide title information concerning this property. Any person interested in this foreclosure is encouraged to make his or her own investigation concerning the ownership of the property, and the position on title of the Deed of Trust being foreclosed. Any person interested in the foreclosure is also encouraged to consult an attorney, as the Trustee will not provide legal advice concerning the foreclosure. The Trustee does not provide information concerning the location of the debtors nor concerning the condition of the property. No representations or warranties are made concerning the physical condition of the property, or whether there are any environmental or hazardous waste liabilities or problems connected with this property. Any person desiring title information, information concerning the physical condition of the property, information concerning any hazardous waste or environmental issues, or other information about the real property being foreclosed should obtain all such information independently.

VIII.

The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor all of 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 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 the unlawful detainer act, chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.

THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

DATED this 15th day of January, 2014.

DOUGLAS C. LEWIS, Attorney at Law

Successor Trustee

101 South Main Street / P.O. Box 111

Montesano, WA 98563

(360) 249-4800

Publish March 27, 2014 and April 24, 2014

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