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

NOTICE OF TRUSTEE’S SALE

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

I.

NOTICE IS HEREBY GIVEN that the undersigned Successor Trustee will, on the 5th day of August, 2011, at the hour of 10:00 a.m., at the front steps of the main entrance of the Wahkiakum County Courthouse, located at 64 Main Street, Cathlamet, 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 (the “Property”):

That portion of Government Lots Two (2) and Three (3), and of the Northeast Quarter (NE ¼), in Section Twenty (20), Township Eight (8) North, Range Five (5) West of the Willamette Meridian, described as follows, to-wit:

Lot Four (4) of that certain survey filed for record October 12, 2004, under Auditor’s File No. 2008095, in Volume 7 of Surveys, pages 115 A, B & C, records of Wahkiakum County, Washington; TOGETHER WITH AND SUBJECT TO that certain sixty foot (60’) private easement for access, utilities and maintenance, as delineated on the face of said survey and TOGETHER WITH AND SUBJECT TO that certain thirty foot (30’) private easement for access, utilities, and maintenance, as delineated on the face of said survey.

Situate in the County of Wahkiakum, State of Washington.

The Property is subject to that certain Deed of Trust dated May 15, 2006, recorded May 25, 2006, under Auditor’s File No. 2010824, records of Wahkiakum County, Washington, from Timothy J. Neher and Michelle F. Neher, husband and wife, as Grantors, to First American Title Insurance Company, as Trustee, to secure an obligation of the Grantors, in favor of Cashmere Valley Bank, as Beneficiary. The Trustee’s interest in the Deed of Trust was changed to Ogden Murphy Wallace, P.L.L.C., by that Appointment of Successor Trustee recorded March 18, 2011, under Auditor’s File No. 2017530, records of Wahkiakum County, Washington.

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 Grantors’ defaults on the obligation secured by the Deed of Trust.

III.

The default(s) for which this foreclosure is made is/are as follows:

A. Failure to pay when due the following amounts which are now in arrears:

Currently due Estimated Amount

to reinstate on that will be due

April 22, 2011 to reinstate on

July 25, 2011

(11 days before

date set for sale)

Missed Payments or Principal Due: $5,391.47 $111,873.42

Interest: 0.00 6,783.97

Late fee: 231.06 231.06

Attorneys’ fees in the amount of (estimated): 2,000.00 2,500.00

Title Report for foreclosure: 634.84 634.84

Certified mailings (estimated): 25.00 50.00

Recording fees (estimated): 150.00 150.00

Process service (estimated): 50.00 75.00

Publication (estimated): 0.00 1,500.00

Copying (estimated): 15.00 25.00

Long distance phone charges (estimated): 0.00 0.00

TOTALS $8,497.37 123,823.29

B. Failure to Pay 2010 Property Taxes

IV.

The sum owing on the obligation secured by the Deed of Trust is: Principal $111,873.42 together with interest as provided in the Note secured from the 15th day of May, 2006, and such other costs and fees as are due under the Note or other instrument secured, and as are provided by statute.

V.

The 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 August 5, 2011. The default(s) referred to in Paragraph III, together with interest, costs and fees thereafter due, must be cured by July 25, 2011 (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 July 25, 2011 (11 days before the sale date) the default(s) set forth in Paragraph III, together with any subsequent interest, costs and fees thereafter due, are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after July 25, 2011 (11 days before the sale date) and before the sale, by the Borrower, Grantors, 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 Grantors at the following address(es):

TIMOTHY J. NEHER MICHELLE F. NEHER

14 Coral Lane 14 Coral Lane

Foster City, CA 94404-3582 Foster City, CA 94404-3582

by both first class and certified mail on March 16, 2011 (Notice of Default), proof of which is in the possession of the Successor Trustee, and Borrower and Grantors were personally served on March 17, 2011, with said written notice of default or the written notice of default was posted in a conspicuous place on the Property and the Successor Trustee has possession of 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 Grantors and all those who hold by, through, or under the Grantors, of all their 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 grantors 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 occupant 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.

DATED this 18th day of April, 2011.

SUCCESSOR TRUSTEE

OGDEN MURPHY WALLACE, P.L.L.C.

By: /s/ Brian A. Walker

Brian A. Walker

Publish July 7, 2011 and July 28, 2011