No. 11-45

 

April 21, 2011



File No .: 7713.21010 Grantors: Northwest Trustee Services, Inc. U.S. Bank, N.A. Grantee: Larry A. Havens and Kimberly L. Havens, who acquired title as Kimberly L. Barnes, at that time both single persons, as Joint Tenants with Right-of-Survivorship, and not as Community Property, and not as Tenants-in-Common Ref to DOT Auditor File No .: 2013893 Original NTS Auditor File No. 2016880 Tax Parcel ID No .: 150806430018 Abbreviated Legal: Ptn. SW 1/4 SE 1/4 Sec 15, T 8 N, R 6 WWM Amended Notice of Trustee's Sale Pursuant to the Revised Code of Washington 61.24, et seq. I. On May 20, 2011, at 10:00 a.m. Outside the main lobby of the Wahkiakum County Courthouse, 64 Main Street in the City of Cathlamet, State of Washington, the Trustee (subject to any conditions imposed by the Trustee) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property "Property", situated in the County(ies) of Wahkiakum, State of Washington: That portion of the Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of Section Fifteen (15), Township Eight (8) North, Range Six (6) West of the Willamette Meridian, lying Northwesterly (inside) of the centerline of the Consolidated Diking District No. One dike, described as follows, to-wit: Beginning at a point which bears North 67 degrees 14' 49" West, 2,010.55 feet from the Southeast comer of said Section, which point is marked by a rail road spike in the centerline of the dike; thence South 51 degrees 22' 45" West along the centerline of said dike, 188.56 feet; thence North 31 degrees 24' 41" West along an existing fence line 223.38 feet, more or less, to a 3/4" by 36" galvanized iron pipe at a fence corner which is South 73' 06' 48" East, 2,114.24 feet from the Bonneville Power Administration's Horizontal Control Station "WELCOME"; thence North 50 degrees 12' 02" East along an existing fence line, 151.04 feet to a 3/4" by 36" galvanized iron pipe at a fence corner; thence South 41 degrees 02' 47" East along an existing fence line, 224.92 feet, more or less, to the Point of Beginning, subject to Consolidated Diking District No. One dike right-of-way and the County road and easements situate thereon. Situate in the County of Wahkiakum, State of Washington. Commonly known as: 258 North Welcome Slough Road Cathlamet, WA 98612 which is subject to that certain Deed of Trust dated 04/24/08 and recorded on 04/30/08, under Auditor's File No. 2013893, records of Wahkiakum County, Washington, from Larry Havens and Kimberly Havens, husband and wife, as Grantor, to Wahkiakum Title and Escrow Company, as Trustee, to secure an obligation "Obligation" in favor of Mortgage Electronic Registration Systems, Inc., as Beneficiary, the beneficial interest in which was assigned by Mortgage Electronic Registration Systems, Inc. to U.S. Bank, N.A., under an Assignment/Successive Assignments recorded under Auditor's File No. 2016767. *The Tax Parcel ID number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property's full legal description provided herein. 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 Grantor's or Borrower's default on the Obligation. III. The Beneficiary alleges default of the Deed of Trust for failure to pay the following amounts now in arrears and/or other defaults: Amount due to reinstate by 04/04/2011 Monthly Payments $40,816.49 Late Charges $1,654.18 Lender's Fees & Costs ($489.16) Total Arrearage $41,981.51 Trustee's Expenses (Itemization) Trustee's Fee $250.00 Postings $83.46 Sale Costs $907.60 Total Costs $1,241.06 Total Amount Due: $43,222.57 Other known defaults are as follows: IV. The sum owing on the Obligation is: Principal Balance of $244,453.34, together with interest as provided in the note or other instrument evidencing the Obligation from 05/01/09, and such other costs and fees as are due under the Obligation, and as are provided by statute. V. The Property will be sold to satisfy the expense of sale and the Obligation as provided by statute. The sale will be made without representation or warranty, express or implied regarding title, possession, encumbrances or condition of the Property on May 20, 2011. The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances costs and fees thereafter due, must be cured by 05/09/11 (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 the close of the Trustee's business on 05/09/11 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, is/are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after 05/09/11 (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 balance of 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. VI. A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following address(es): NAME AND ADDRESS Larry A Havens aka Larry Alexander Havens 258 North Welcome Slough Road Cathlamet, WA 98612 Larry A Havens aka Larry Alexander Havens P.O. Box 769 Cathlamet, WA 98612 Kimberly L Havens aka Kimberly L Barnes 258 North Welcome Slough Road Cathlamet, WA 98612 Kimberly L Havens aka Kimberly L Barnes P.O. Box 769 Cathlamet, WA 98612 by both first class and either certified mail, return receipt requested on 03/11/10, proof of which is in the possession of the Trustee; and on 03/11/10 Grantor and Borrower were personally served with said written notice of default or the written notice of default was posted on 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 foreclosure costs and trustee's 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 right, title and interest in the 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. The trustee's rules of auction may be accessed at http://www.northwesttrustee.com and are incorporated by this reference. You may also access sale status at http://www.northwesttrustee.com and http://www.USA-Foreclosure.com EFFECTIVE: 04/04/2011 Northwest Trustee Services, Inc., Trustee Authorized Signature P.O. BOX 997 Bellevue, WA 98009-0997 Contact: Vonnie McElligott (425) 586-1900. (TS# 7713.21010) 1002.149337-FEI

Publish April 21, 2011 and May 12, 2011

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