No. 12-44

 

April 19, 2012



NOTICE OF TRUSTEE'S SALE

I.

NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 27th day of April, 2012, at the hour of 10:00 a.m., at the Wahkiakum County Courthouse, 64 Main Street, in the city of Cathlamet, County of Wahkiakum, state of Washington, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property, situate in the County of Wahkiakum, State of Washington, to-wit:

Lots 1, 2 and 3 of Short Subdivision No. 99-3-4, recorded in Volume 1 of Short Subdivisions, Page 78, under Auditor’s File No. 2000942 and Lots 1, 2 and 3 of Short Subdivision 99-3-5, recorded in Volume 1 of Short Subdivisions, Page 79, under Auditor’s File No. 2000943; being a portion of Section 18, Township 8 North, Range 2 West of the Willamette Meridian. Together with and subject to easements for ingress, egress and utilities as set forth on said Short Subdivisions.

which is subject to that certain Deed of Trust dated September 25, 2009, recorded on September 29, 2009, under Auditor’s File No. 2015807, records of Wahkiakum County, Washington, from Jeffrey N. Nielsen and Wynn M. Nielsen, Grantors, to Stewart Title Company, as Trustee, to secure an obligation in favor of TWIN CITY BANK, as Beneficiary. Stewart Title Company resigned as Trustee and the Beneficiary appointed Gerry A. Reitsch to act as Successor Trustee.

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 for which this foreclosure is made is as follows:

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

Loan No. 17-863:

Principal: $161,959.23

Late Fees 575.68

Interest to January 23, 2012 11,212.90

Taxes, penalties and interest 8,359.16

Other costs and fees

(Reconveyance, Title Report, Attorney fees, Service/Posting,

Recording, Postage/Photocopies, Estimated publication) 2,490.96

Total principal, interest and fees $184,597.93

IV.

The sum owing on the obligation secured by the Deeds of Trust is: Principal $161,959.23 with interest as provided in the note or other instrument secured from the 25th day of September, 2009, 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 Deeds of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on the 27th day of April, 2012. The defaults referred to in paragraph II must be cured by the 16th day of April, 2012 (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 the 16th day of April, 2012 (11 days before the sale date), the defaults as set forth in paragraph II are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after the 16th day of April, 2012 (11 days before the sale date), and before the sale by the Grantor or the Grantor's successor in interest or the holder of any recorded junior lien or encumbrance by paying the entire principal and interest secured by the Deeds of Trust, plus costs, fees, and advances, if any, made pursuant to the terms of the obligation and/or Deeds of Trust, and curing all other defaults.

VI.

A written notice of default was transmitted by the Beneficiary or Trustee to the Grantors, Jeffrey N. Nielsen and Wynn M. Nielsen, 48 Nielsen Drive, Cathlamet, WA 98612, on the 24th day of October, 2011, by both first class and certified mail, proof of which is in the possession of the Trustee.

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 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.

Dated: January 23, 2012.

By

Gerry A. Reitsch, Trustee

Address: 1408 16th Avenue, P. O. Box 250

Longview, WA 98632

Telephone: (360) 423-4050

STATE OF WASHINGTON)

: ss.

County of Cowlitz )

I certify that I know or have sufficient evidence that Gerry A. Reitsch signed this instrument, on oath, stated that he is authorized to execute the instrument, and acknowledged it as the Trustee in the above, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument.

SUBSCRIBED and SWORN to before me this 23rd day of January, 2012.

Printed name: Andrea L. Calvert

NOTARY PUBLIC for the state of Washington,

Residing at Kelso, WA

My commission expires: 10/27/2015

Publish March 29, 2012 and April 19, 2012

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