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

TS No: 11-04657-6 Loan No: 0023080039 APN: 120806240026 NOTICE OF TRUSTEE’S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ. I. NOTICE IS HEREBY GIVEN that on 9/7/2012, at 01:00 PM at At the main entrance to the Superior Courthouse, 64 Main Street, Cathlamet, WA Fidelity National Title Insurance Company, the undersigned Trustee will sell at public auction to the highest and best bidder, payable, in the form of cash, or cashier’s check or certified checks from federally or State chartered banks, at the time of sale the following described real property, situated in the County of Wahkiakum, State of Washington, to wit: As more particularly described in Exhibit "A" attached hereto and made a part hereof. EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF WAHKIAKUM, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF THE EAST ONE-HALF (E1/2) OF THE JAMES BIRNIE DONATION LAND CLAIM IN THE NORTHWEST QUARTER (NW1/4) OF SECTION TWELVE (12), TOWNSHIP EIGHT (8) NORTH, RANGE SIX (6) WEST OF THE WILLAMETTE MERIDIAN, LYING SOUTHEASTERLY OF THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF THE COLUMBIA VIEW COUNTY ROAD, MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT" BEGINNING AT THE POINT OF INTERSECTIO OF THE EAST LINE OF SAID DONATION LAND CLAIM WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD, WHICH POINT IS SOUTH 1,189.60 FEET FROM THE NORTH LINE OF SAID SECTION TWELVE (12) THENCE SOUTH ALONG SAID EAST DONATION LAND CLAIM LINE, 401.98 FEET, TO A POINT 128.81 FEET NORTH OF THE SOUTH LINE OF THAT CERTAIN TRACT HERETOFORE CONVEYED TO ALBERT L FOSTER, ET. UX, BY. DEED RECORDED UNDER AUDITOR'S FILE NO. 19191, IN VOLUME 16 OF DEEDS, PAGE 191, RECORDS OF WAHKIAKUM COUNTY, WASHINGTON, AND THE TRUE POINT OF BEGINNING; THENCE WEST, 75.58 FEET TO A POINT IN THE CENTERLINE OF A PRIVATE ROAD DESIGNATED FOSTER ROAD IN THAT CERTAIN SURVEY FILE FOR RECORD UNDER AUDITOR'S FILE NO. 28238, IN VOLUME 1 OF SURVEYS, PAGE 21, RECORDS OF WAHKIAKUM COUNTY, WASHINGTON; THENCE ALONG SAID ROAD AS FOLLOWS: NORTHWESTERLY ALONG A CURVE HAVING A RADIUS OF 24.02 FEET THROUGH A DELTA ANGLE OF 82º 39' 51" TO THE RIGHT, 34.44 FEET THENCE NORTH 07° 20' 09" WEST, 20.0 FEET, THENCE WEST 89 FEET, MORE OR LESS, TO THE CENTERLINE OR THE OF A SMALL CREEK RUNNING SOUTHERLY; THENCE SOUTH ALONG THE CENTERLINE OR THREAD OF SAID SMALL CREEK, 173 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID FOSTER TRACT, 198 FEET, MORE OR LESS, WEST OF THE SOUTHEAST CORNER THEREOF; THENCE EAST ALONG SAID SOUTH LINE 198 FEET MORE OR LESS; THENCE NORTH ALONG THE EAST LINE THEREOF 128.81 FEET TO THE TRUE POINT OF BEGINNING; SUBJECT TO THAT CERTAIN ROAD AND RIGHT-OF-WAY IN THE AFORESAID SURVEY, THIS TRACT OR LOT APPEARING AS THE EASTERLY PORTION OF LOT 3 THEREON. which is subject to that certain Deed of Trust dated April 17, 2007, recorded on April 23, 2007, as Instrument No. 2012338 of Official Records in the Office of the County Recorder of Wahkiakum County, WA from KYLE PARKER, A SINGLE MAN as the original Grantor(s), to FIRST AMERICAN TITLE INSURANCE COMPANY, as the original Trustee, to secure an obligation in favor of OPTION ONE MORTGAGE CORPORATION, A CALIFORNIA CORPORATION, as the original Beneficiary An Assignment recorded under Auditor's File No 2018340. The current Beneficiary is: Wells Fargo Bank, NA, as Trustee for Option One Mortgage Loan Trust 2007-6, Asset-Backed Certificates, Series 2007-6, (the "Beneficiary"). More commonly known as: 1556 COLUMBIA ST Cathlamet, WA 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./Mortgage. III. The default(s) for which this foreclosure is made is/are as follows: failed to pay payments which became due; together with late charges due; less unapplied funds held on account thereof;. The total amount of payments due is: $53,956.24; the total amount of late charges due is $1,973.19; the total amount of advances made is/are are $3,104.78 IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $212,233.29, together with interest as provided in the note or other instrument secured from November 1, 2009, and such other costs and fees as 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. Said sale will be made without warranty, expressed or implied, regarding title, possession, or encumbrances on September 7, 2012. The defaults referred to in Paragraph III must be cured by August 27, 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 before August 27, 2012 (11 days before the sale) 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 the August 27, 2012 (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 encumbrances 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(es): 1556 COLUMBIA ST Cathlamet, WA 98612 PO BOX 3 Cathlamet, WA 98612-0003 PO BOX 3 Cathlamet, WA 98612 1556 COLUMBIA ST Cathlamet, WA 98612-9536 by both first class and certified mail on April 5, 2012, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, 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 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. 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; SALE INFORAMTION CAN BE OBTAINED ON LINE AT http://www.priorityposting.com AUTOMATED SALES INFORMATION PLEASE CALL 714-573-1965 Dated: 5/30/2012 FIDELITY NATIONAL TITLE INSURANCE COMPANY, Trustee 1920 Main Street, Suite 1120 Irvine, CA 92614 Phone No: 949-252-4900 Juan Enriquez, Authorized Signature 954322 8/9, 08/30/2012