NOTICE OF TRUSTEE’S SALE
I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 10th of April, 2015, at the hour of 10:00 o’clock A.M. at the Public Service Center Gazebo, 1300 Franklin 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 Clark County, State of Washington, to-wit: Unit 29, IRONWOOD CONDOMINIUMS PHASE II, according to the plat thereof, the declaration of which was recorded under Auditor’s File No. 4286773 and the survey map and plans of which were recorded in Book 700 of Plats, Page 65, Records of Clark County, Washington. More commonly known as: 512 SE 157th Avenue #29, Vancouver, WA 98684 Tax Parcel Number: 115301268 which is subject to that certain Amended and Restated Condominium Declaration for Ironwood Condominiums recorded in Clark County as Auditor’s File No. 4269585 CCRAMD on January 4, 2007 and that certain Claim of Lien dated November 14, 2011, recorded November 22, 2011, under Auditor’s File No. 4809818 L, records of Clark County, Washington, by Evergreen East, A Condominium (herein “Beneficiary”), to Charles A. Cunningham (herein “Grantor” or “Borrower”), to secure an obligation in favor of Evergreen East, A Condominium. The name of the Association was amended to be Evergreen East, A Condominium by Amendment No. 2 to Amended and Restated Condominium Declaration for Evergreen East, A Condominium (Formerly Ironwood Condominiums) recorded as Auditor’s File No. 4440401 AMD on April 2, 2008. RCW 64.34.364(1) provides for a statutory lien for unpaid assessments.
II. No action commenced by the Association is now pending to seek satisfaction of the obligation in any Court by reason of the Owner’s default on the obligation secured by the Claim of Lien.
III. The default(s) for which this foreclosure is made is/are as follows: Failure to pay when due the following amounts which are now in arrears:
IV. The sum owing on the obligation secured by the Lien is: Principal $22,720.57, together with interest and late fees as provided in the Declaration secured from June 1, 2011, and such other costs and fees as are due under the Declaration, 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 Claim of Lien as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on April 10, 2015. The default(s) referred to in paragraph III must be cured by March 30, 2015, to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before March 30, 2015, 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 March 30, 2015, 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 Claim of Lien, 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 addresses:
Charles A. Cunningham, 31 Sportsman Road, Washougal, WA 98671
by both first-class mail on June 11, 2014 and certified mail on August 26, 2014, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on July 2, 2014, 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 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 only have 20 DAYS from the recording date on this notice to pursue mediation. DO NOT DELAY. CONTACT 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 Telephone: 877-894-4663 Web site: https://www.wshfc.org/ buyers/counseling.htm The United States Department of Housing and Urban Development Telephone: 202-708-1112 Web site: https://portal.hud.gov/hudportal/HUD?src=/states/Washington The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys Telephone: 800-606-4819 Web site: https://ocla.wa.gov/ DATED this 23 day of December, 2014. Vial Fotheringham, LLP As Trustee By: Gregory B. Coxey, Attorney at law
Vial Fotheringham LLP, 17355 S.W. Boones Ferry Road, Suite A, Lake Oswego, OR 97035 (503)684-4111
Mar 6,13,20
