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

NOTICE OF

TRUSTEE'S SALE

I.

NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 16th day of November, 2012, at the hour of 10:00 o'clock a.m., inside the main lobby of the Wahkiakum County Courthouse, 64 Main Street in the 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 Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4) of Section Twenty Two (22), Township Nine (9) North, Range Six (6) West of the Willamette Meridian, lying Northerly of the Northerly right-of-way line of State Sign Route No. Four, described as follows, to-wit: Beginning at a point which bears South 15° 48’ 41” West, 664.22 feet from the Northeast corner of said Section; thence South 45° 18’ West, 74.62 feet; thence South 53° 46’ West, 81.7 feet; thence South 31° 11’ West, 35.86 feet; thence South 09° 23’ West, 45.62 feet to the true point of beginning; thence South 00° 59’ East, 106.5 feet; thence South 43° 45’ West, 69.5 feet, to a point on the Northeasterly right-of-way line of said highway opposite State Highway Engineer’s Station 175+09 as the same existed January 15, 1966 as per that certain map of record and on in the office of the Director of the Department of Transportation at Olympia bearing dated of approval of November 30, 1954; thence North 45° 06’ West along said right-of-way line 97.6 feet to an iron pipe; thence North 38° 30’ West along said right-of-way line, 100.5 feet to an iron stake opposite Highway Engineer’s Station 173+11.2; thence North 45° East, 115 feet to an iron pipe at an old logging road which is North 53° 30’ West, 125 feet from the true point of beginning; thence South 53° 30’ East, 125 feet to the true point of beginning; SUBJECT TO an easement along the Northerly and Easterly lines of said tract for a logging road 12 feet wide, being 6 feet on each side of aforesaid courses; South 53° 30’ East, South 0° 59’ East, and South 43° 45’ West as heretofore granted to Kenneth E. Martin et al, February 16, 1953, by instrument recorded in Vol 14 of Deeds at page 126, records of said county. Situate in the County of Wahkiakum, State of Washington; (commonly known as 848 W. State Route 4, Cathlamet, WA 98612), which is subject to that certain Deed of Trust dated November 22nd, 2010 and recorded November 29th, 2010 under Auditor’s File No. 2017206, records of Wahkiakum County, Washington, from Robert B. Webb, Grantor, to Wahkiakum Title & Escrow Company, original trustee, to secure an obligation in favor of Bank of the Pacific, 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: Five monthly payment of $345.26 each for the months of March 25th, 2012 through July 25th, 2012 - $1,726.30. ESCROW/RESERVE ACCOUNT PAYMENTS: Five escrow/reserve account payments of $163.00 each for the months of March 25th, 2012 through July 25th, 2012 - $815.00. LATE CHARGES: Late charge in the amount of 5% for each monthly payment not made within 15 days of its due date- $163.73. TOTAL MONTHLY PAYMENTS, ESCROW/RESERVE ACCOUNT PAYMENTS AND LATE CHARGES: $2,705.03.

IV.

The sum owing on the obligation secured by the Deed of Trust is: Principal of $28,166.27 together with interest as provided in the note or other instrument secured from the 25th day of February, 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 16th day of November, 2012. The default(s) referred to in Paragraph III must be cured by the 5th day of November, 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 November 5th, 2012 (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 November 5th, 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 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):

Katie Wileman, Personal Representative

Estate of Robert B. Webb, deceased

848 W. State Route 4

Cathlamet, WA 98612

Katie Wileman, Personal Representative

Estate of Robert B. Webb, deceased

c/o William Faubion,

Attorney at Law

PO Box 153

Cathlamet, WA 98612

by both first class and certified mail on the 21st day of June, 2012, proof of which is in the possession of the Trustee; and on June 25th, 2012 the 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 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 31st day of July, 2012.

DOUGLAS C. LEWIS,

Attorney at Law

Successor Trustee

101 South Main Street

P.O. Box 111

Montesano, WA 98563

(360) 249-4800

Publish October 18, 2012 and November 8, 2012