NOTICE OF TRUSTEE’S SALE
Grantor: Cougar Creek Commerce LLC, a Washington limited liability company
Trustee: Heurlin, Potter, Jahn, Leatham, Holtmann & Stoker, P.S.
Beneficiary: Wayne W. Nelson, as his separate estate; Leroy L. Nelson, as his separate estate
Deed of Trust dated May 27, 2008 and recorded June 4, 2008
Auditor’s Filing No.: 4461378
Legal Description: LOT 1, JOHN HOCKANSON ESTATE & SEC 2 TWP 2N RGE 1E, CLARK COUNTY
Tax Account No. 145511-000
I. NOTICE IS HEREBY GIVEN that the undersigned Successor Trustee will on January 27, 2017, at the hour of 10:00 a.m. at the gazebo in front of the Clark County Public Service Center near the corner of Franklin and 13th Street, in the City of Vancouver, 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 Clark, State of Washington, to-wit:
See Attached Exhibit “A” which is subject to that certain Deed of Trust dated May 27, 2008, recorded June 4, 2008, under Auditor’s File No. 4461378, records of Clark County, Washington, from Cougar Creek Commerce LLC, a Washington limited liability company, as Grantor, to First American Title Insurance Company, a Corporation, as Trustee, to secure an obligation in favor of Wayne W. Nelson, as his separate estate and Leroy L. Nelson, as his separate estate, as Beneficiary. Heurlin, Potter, Jahn, Leatham, Holtmann & Stoker, P.S. is the duly appointed Successor Trustee.
II. No action commenced by the Beneficiary of the Deed of Trust or 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.
III. The default(s) for which this foreclosure is made is/are as follows:
a. Failure to pay the entire outstanding balance due and owing pursuant to the note and deed of trust at the maturity date of the note resulting in the following sums being now in arrears:
Principal Amount Due $1,422,000.00
Interest from May 31, 2009
through October 17, 2016: 807,456.25
TOTAL PAST DUE AMOUNTS $2,229,456.25
b. Defaults other than failure to make monthly payments:
2016 Taxes as of October 17, 2016 $19,422.32
Failure to comply with the following terms of the Deed of Trust: Failure to pay real estate taxes described above.
IV. The sum owing on the obligation secured by the Deed of Trust referenced in I. above is: Principal $1,422,000.00, together with interest as provided in the Note or other instrument secured 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 January 27, 2017. The default(s) referred to in paragraph III must be cured by January 16, 2017 (11 days before the sale), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at
any time on or before January 16, 2017 (11 days before the sale date), the default(s), as set forth in paragraph III is/are cured and all payments becoming due (or interest accrued if the entire obligation is due) hereafter are paid and the Successor Trustee’s fees and costs are paid. The sale may be terminated any time after January 16, 2017 (11 days before the sale), and before the sale by the Borrower, Grantor, any Guarantor, or the Grantor’s successor in interest 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 Grantor or the Grantor’s successor in interest at the following address(s):
Cougar Creek Commerce Center LLC
c/o Rick Leavitt, 39911 N.E. 22nd St., Washougal, WA 98671-9572
Cougar Creek Commerce Center LLC, c/o Rick Leavitt, P.O. Box 345
Washougal, WA 98671-0345
Cougar Creek Commerce Center LLC, c/o Ren Grendahl,150 Lombard St.,Ste. 1
San Francisco, CA 94111
Cougar Creek Commerce Center LLC, 7604 NE 101st Street, Vancouver, WA 98662
by both First Class and Certified Mail, Return Receipt Requested, on September 7, 2016, proof of which is in the possession of the Successor Trustee; and the Notice of Default was posted in a conspicuous place on the real property described in Paragraph I above on September 7, 2016, 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 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 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.
XI. NOTICE TO GUARANTOR The following notice is hereby provided to the Guarantor of the Note, in accordance with RCW 61.24.042:
1. The guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the trustee’s sale is less than the debt secured by the deed of trust;
2. The guarantor has the same rights to reinstate the debt, cure the default, or repay the debt as is given to the grantor in order to avoid the trustee’s sale;
3. The guarantor will have no right to redeem the property after the trustee’s sale;
4. Subject to such longer periods as are provided in the Washington Deed of Trust Act, Chapter 61.24 RCW, any action brought to enforce a guaranty must be commenced within one year after the trustee’s sale, or the last trustee’s sale under any deed of trust granted to secure the same debt; and
5. In any action for a deficiency, the guarantor will have the right to establish the fair value of the property as of the date of the trustee’s sale, less prior liens and encumbrances, and to limit its liability for a deficiency to the difference between the debt and the greater of such fair value or the sale price paid at the trustee’s sale, plus interest and costs.
XII. The Successor 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 Successor 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 Successor Trustee will not provide legal advice concerning the foreclosure. The Successor Trustee does not provide information concerning the location of the debtors nor concerning the condition of the property. No representation 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 issue, or other information about the real property being foreclosed should obtain all such information independently. This is an attempt to collect a debt and any information obtained will be used for that purpose. HEURLIN, POTTER, JAHN, LEATHAM, HOLTMANN & STOKER, P.S., Successor Trustee By:Brian R. Heurlin, 211 E. McLoughlin Boulevard, Vancouver, Washington 98663 Phone: (360) 750-7547
Exhibit A
Legal Description: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 1, EAST OF THE WILLAMETTE MERIDIAN, CLARK COUNTY, WSHINGTON, AND LOT 1, OF THE SUBDIVISION OF THE JOHN HOCKANSON ESTATE, LYING WITHIN THE WILLIAM KELLY DONATION LAND CLAIM, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 719.4 FEET EAST FROM THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 2; THENCE EAST 540 FEET; THENCE NORTH 1°02’30” EAST, 150 FEET; THENCE EAST 120 FEET TO THE EAST LINE OF THE CHRIS BURN TRACT AS SHOWN BY DEED APPEARING OF RECORD IN BOOK 162,PAGE 396, DEED RECORDS OF CLARK COUNTY, WASHINGTON; THENCE NORTH ALONG SAID EAST LINE NORTH 1°02’30” EAST, 244 FEET; THENCE WEST 511.86 FEET; THENCE SOUTH 0°46’ WEST, 270 FEET;THENCE NORTH 89°14’ WEST, 150 FEET; THENCE SOUTH 0°46’ WEST 124 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION CONVEYED TO CLARK COUNTY, WASHINGTON, BY DEED RECORDED UNDER UNDER AUDITORS’S FILE NO G 382290.
ALSO EXCEPT ANY PORTON LYING WITHIN THE RIGHT OF WAYS OF NE 78TH STRET AND NE 13TH AVENUE.
Heurlin, Potter, Jahn, Leatham, Holtmann & Stoker, P.S.,211 E. McLoughlin Blvd., Suite 100 Vancouver, WA 98663 Phone (360) 750-7547 Fax: (360) 750-7548
Dec 30, 2016, Jan 20 2017
