AMENDED NOTICE OF TRUSTEE’S SALE
NOTE: This Amended Notice of Trustee’s Sale is given pursuant to RCW 61.24.130(4) based on the Order of Dismissal in the Riverwood Homes, Inc. Bankruptcy case file in the United States Bankruptcy Court for the Western District of Washington Case No. 12-48056-BDL entered on October 18, 2013.
DATE OF DOCUMENT:October 24, 2013
GRANTOR: David W. Christel, Successor Trustee
BENEFICIARY: Columbia Credit Union, a Washington not for profit corporation GRANTEE/BORROWER: Riverwood Homes, Inc.
PARCEL NUMBERS: 081958-250; 081958-254; 081948-258; 081958-262; 081958-268
LEGAL: Units 2660, 2662, 2664, 2666, and 2668 – Logan’s Run Condominiums Volume: 700 Page: 067
REF NOS. REL. DOCS: 4332107; 4867258
WE ARE A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTICE IS HEREBY GIVEN that on the 6th day of December, 2013, at the hour of 11:00 o’clock, a.m., at the gazebo in front of the Clark County Public Service Center, near the corner of Franklin Street and 13th Street in the City of Vancouver, County of Clark, State of Washington, the undersigned Trustee (subject to any conditions imposed by Trustee to protect lender and borrower) will sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property (“Premises”): Units 2660, 2662, 2664, 2666 and 2668, Logan’s Run Condominiums, a condominium according to the declaration thereof recorded April 3, 2007, under Auditor’s File No. 4306333, and survey map and plans recorded in Volume 700, of Condominiums, Page 067, records of Clark County, Washington, and any amendments thereto.
Abbreviated Legal Description: Units 2660, 2662, 2664, 2666, and 2668 – Logan’s Run Condominiums Volume: 700 Page: 067 Assessor’s Property Tax Parcel: Unit 2660 – 081958-250; Unit 2662 – 081958-254; Unit 2664 – 081958-258; Unit 2666 – 081958-262; Unit 2668 – 081958-266.
Property Addresses: 2660, 2662, 2664, 2666, and 2668, NW Logan Street, Camas, WA Vancouver, WA 98684 which is subject to that certain Deed of Trust dated Deed of Trust dated June 1, 2007 and recorded June 4, 2007 under Auditor’s File No. 4332107, records of Clark County, Washington, wherein, Riverwood Homes, Inc. was named Grantor, and Chicago Title Insurance Company is named Trustee, and Columbia Credit Union is named Beneficiary and on June 27, 2012, David W. Christel, Attorney at Law, was named Successor Trustee, which was re-recorded under Clark County Auditor’s number 4867258.
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 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: Failure to pay the following past-due amounts, which are in arrears: 1. Monthly payments which are due and payable for the months of December of 2011, and January through December 2012, and January through October 2013 in the amount of $61,382.89 less rents received in the amount of $9,751.45 for a total due of $51,631.44. 2. Late Fees: $3,975.61 3. Attorneys fees and costs incurred by Farleigh Wada Witt through October 21, 2013 in the amount of $51,188.48. 4. Attorneys fees and costs incurred by Christel & Isely through September 30, 2013 in the amount of $21,271.48. The total of paragraphs 1 through 4 is $128,067.01. b. Non-Monetary Defaults/Other Defaults: none
Other potential defaults do not involve payment to the Beneficiary. If applicable, each of these defaults must also be cured. Listed below are categories of common defaults which do not involve payment of money to the Beneficiary. Opposite each such listed default is a brief description of the action/documentation necessary to cure the default. The list does not exhaust all possible other defaults; any defaults identified by Beneficiary or Trustee that are not listed below must also be cured: OTHER DEFAULT 1. Nonpayment of taxes/assessments 2. Real Estate Taxes: 3. Default under any senior lien 4. Failure to insure property against hazard 5. Waste 6. Unauthorized sale of property (Due on Sale) ACTION NECESSARY TO CURE A. Deliver to Trustee written proof that all taxes and assessments against the property are paid current B. Provide copy of receipt showing payment in full C. Deliver to Trustee written proof that all senior liens are paid current and that no other defaults exist
C. Deliver to Trustee written proof that the property is insured against hazard as required by the Deed of Trust D. Cease and desist from committing waste, repair all damage to property and maintain property as required by the Deed of Trust E. Revert title to permitted vestee
IV. The principal sum owing on the obligation secured by the Deed of Trust is $411,374.11, 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 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 6th day of December, 2013. The default(s) referred to in paragraph III must be cured by the 25th day of November, 2013 (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 the 25th day of November, 2013 (11 days before the sale date), 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 25th day of November, 2013 (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 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 Grantor or the Grantor’s successor in interest at the following addresses: TO: Riverwood Homes, Inc. 2260 NW Logan Street, Camas, WA 98607 Matthew Morris 2260 NW Logan Street, Camas, WA 98607 Riverwood Homes, Inc., 2662 NW Logan Street, Camas, WA 98607 Matthew Morris, 2662 NW Logan Street, Camas, WA 98607 Riverwood Homes, Inc., 2664 NW Logan Street, Camas, WA 98607 Matthew Morris, 2664 NW Logan Street, Camas, WA 98607 Riverwood Homes, Inc., 2666 NW Logan Street, 2666 NW Logan Street, Camas, WA 98607 Matthew Morris, 2666 NW Logan Street, Camas, WA 98607 Riverwood Homes, Inc. 2668 NW Logan Street, Camas, WA 98607 Matthew Morris, 2668 NW Logan Street, Camas, WA 98607
by both first class and certified mail, return receipt requested, on the 19th day of June, 2012, proof of which is in the possession of the Trustee; and the Notice of Default was posted in a conspicuous place on the real property described in paragraph I above on the 20th day of June, 2012, 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 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. For tenant –occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.
XI. NOTICE TO GUARANTORS: Guarantor(s) of the obligation secured by this deed of trust: (1) 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) have 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) 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.
If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse.
XII. The Successor Trustee makes no representations or warranties concerning what interest in the Premises 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 the Premises. Any person interested in this foreclosure is encouraged to make his or her own investigation concerning the ownership of the Premises, and the position on title of the deed of trust being foreclosed. Any person interested in this 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 condition of the Premises. No representation or warranties are made concerning the physical condition of the Premises, or whether there are any environmental or hazardous waste liabilities or problems connected with the Premises. Any person desiring title information, information concerning the physical condition of the Premises, information concerning any hazardous waste or environmental issue, or other information about the Premises being foreclosed should obtain all such information independently. THIS FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THE DEBT SET FORTH ON THIS NOTICE WILL BE ASSUMED TO BE VALID UNLESS YOU DISPUTE THE DEBT BY PROVIDING THIS OFFICE WITH A WRITTEN NOTICE OF YOUR DISPUTE WITHIN 30 DAYS OF YOUR RECEIPT OF THIS NOTICE, SETTING FORTH THE BASIS OF YOUR DISPUTE. IF YOU DISPUTE THE DEBT IN WRITING WITHIN 30 DAYS, WE WILL OBTAIN AND MAIL VERIFICATION OF THE DEBT TO YOU. IF THE CREDITOR IDENTIFIED IN THIS NOTICE IS DIFFERENT THAN YOUR ORIGINAL CREDITOR, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF YOU REQUEST THIS INFORMATION IN WRITING WITHIN 30 DAYS.
David W. Christel, Attorney at Law, Christel & Isely, LLP, 105 W. Evergreen Blvd., Suite 200, PO Box 61983, Vancouver WA 98666-1983
Nov 1, 22
