NOTICE OF TRUSTEE’S SALE
Grantor: George E. Wilson
Trustee: Heurlin, Potter, Jahn, Leatham, Holtmann & Stoker, P.S.
Beneficiary: Riverview Community Bank
Deed of Trust dated May 11, 2011 and recorded May 17, 2011
Auditor’s Filing No.: 4764481
Abbreviated Legal Description: #79 Section 4, Township 3N, Range 1EWM
Tax Account No. 179670-000
I. NOTICE IS HEREBY GIVEN that the undersigned Successor Trustee will on September 5, 2014 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 11, 2011, recorded May 17, 2011 under Auditor’s File No. 4764481, records of Clark County, Washington, from George E. Wilson, as Grantor, to Riverview Services, Inc., as Trustee, to secure an obligation in favor of Riverview Community Bank, 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 following past due amounts, which are in arrears: Monthly Principal and Interest Payments, November 2013 through April 14, 2014 $38,235.72 Late Fees 1,593.15 TOTAL PAST DUE AMOUNTS $39,828.87
b. Defaults other than failure to make monthly payments: 2013 Taxes (second half) $7,422.53 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 $1,071,817.54, 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 September 5, 2014. The default(s) referred to in paragraph III must be cured by August 25, 2014 (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 August 25, 2014 (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 August 25, 2014 (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:
George E. Wilson, 1800 NW 215th Circle, Ridgefield, WA 98642
George E. Wilson, PO Box 5769, Vancouver, WA 98668
by both First Class and Certified Mail, Return Receipt Requested, on March 11, 2014, 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 March 12, 2014 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.
THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME.
You have only 20 DAYS from the recording date of this notice to pursue mediation.
DO NOT DELAY. CONTACI’ A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help.
SEEKING ASSISTANCE
Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission: Toll-free: 1-877-894-HOME (1-877-894-4663) or Web Site:https://www.dfi.wa.gov/consumers/homeownership/post_purc hase_counselors_foreclosure.htm The United States Department of Housing and Urban Development: Toll-free: 1-800-569-4287 or National Web Site: https://portal.hud.gov/h udportal/HUD or for Local counseling agencies in Washington: https://www.hu d.gov/offices/hsg/sfh/hcc/fc/index.cfm? webListAction =search&searchstate=WA&filterSvc=dfc
The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone: 1-800-606-4819 or Web site: https://nwjustice.org/what-clear If the sale is set aside for any reason, including if the Trustee is unable to convey title, the Purchaser at the sale shall be entitled only to a return of the monies paid to the Trustee. This shall be the Purchaser’s sole and exclusive remedy. The purchaser shall have no further recourse against the Trustor, the Trustee, the Beneficiary, the Beneficiary’s Agent, or the Beneficiary’s Attorney.
If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holders right’s against the real property only.
THIS OFFICE IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations.
THE ABOVE NOTICE REGARDING MEDIATION IS REQUIRED BY RCW 61.24.040(1)(g) HOWEVER, BENEFICIARY IS EXEMPT FROM PARTICIPATING IN THE MEDIATION PROCESS SET FORTH IN RCW 61.24.163 BY REASON OF EXEMPTION PROVIDED BY RCW 61.24.166
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
Brian R. Heurlin, Heurlin, Potter, Jahn, Leatham, Holtmann & Stoker, P.S., 211 E. McLoughlin Blvd., Suite 100, Vancouver, WA 98663
aug 1, 22
Exhibit A
Beginning at the Southweast corner of the Northeast quarter of said Section 4: thence South 88°31’01” West, along the South line of the Northeast quarter of said Section 4, for a distance of 2447.95 feet to the Southwest corner of that certain tract of land conveyedto A. Burton under Auditor’s File No. G 575949, records of Clark County, Washington; thence North 00°
07’09” West, along the West line of said Burton tract of land conveyed to Milo L. May, et ux, by deed recorded under Auditor’s file No. 88003310093, records of Clark County, Washington, and the TRUE POINT OF BEGINNING; thence continuing South 86°12’24” East, along the South line of said May tract, 17.16 feet; thence continuing along the South line of said May tract, North 77°04’45” East, 14.47 feet, thence North 20°22’13” West, ,30.00 feet from as measured at right angles to, and parrellel to , the Westerly line of said May tract, 521.58 feet; thence North 54°16’30’ East, 323.35 feet to an existing fence line; thence North 63°07’19” East, along said existing fence line, 217.53 feet; thence North 70°18’39” East, along said existing fence line, 76.12 feet to the East line of that certain tract of land conveyed to Milo L. May by deed recorded under Auditor’s File No. 8803310095. Records of Clark County, Washington; thence North 00°41’39” East, along the East line of said latter May tract, 146.40 feet to the Northeast corner therof; thence South 89°34’38” West, along the North line of said latter May tract, 730.50 feet the Northwest corner thereof; thenceSouth 20°22’13 East, along the Westerly line of said latter May tract and Southerlyprolongation thereof, 1007.89 feet to the TRUE POINT OF BEGINNING.
