NOTICE OF TRUSTEE’S SALE
Grantor: LaFrambois Properties, LLC
Trustee: Heurlin, Potter, Jahn, Leatham & Holtmann, P.S.
Beneficiary: Riverview Community Bank
Deed of Trust dated May 22, 2006 and recorded May 25, 2006
Deed of Trust dated June 16, 2010 and recorded June 23, 2010
Auditor’s Filing No.: 4172242 and 4675243
Legal Description (abbreviated): #9, #17, #25 Section 21, Township 2N, Range 1 EWM
#14, #16, #25, #31 Section 21, Township 2N, Range 1 EWM
Assessor’s Tax Parcel ID # 151959-000, 151963-000, 152372-004, 151957-000, 151969-000
I. NOTICE IS HEREBY GIVEN that the undersigned Successor Trustee will on April 5, 2013 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 Exhibit A attached which is subject to that certain Deed of Trust dated May 22, 2006 and recorded May 25, 2006 under Auditor’s File No. 4172242, and Deed of Trust dated June 16, 2010 and recorded June 23, 2010 under Auditor’s File No. 4675243, records of Clark County, Washington, from LaFrambois Properties, LLC, 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, 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 defaults for which this foreclosure is made is/are as follows: a. Failure to pay the following past due amounts, which are in arrears: Principal Amount Due $928,183.98 Interest to December 12, 2012 30,039.15 Appraisal Fees 8,050.00 TOTAL PAST DUE AMOUNTS $966,273.13
IV. The sum owing on the obligation secured by the Deed of Trust referenced in I. above is: Principal $928,183.98, 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 April 5, 2013. The defaults referred to in paragraph III must be cured by March 25, 2013 (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 March 25, 2013 (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 March 25, 2013 (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:
Hough Foundation, 1111 Main Street, Suite 700, Vancouver, WA 98660 Hough Foundation, 205 E. 11th Street, Suite 100, Vancouver, WA 98660 LaFrambois Properties, LLC, 1111 Main Street, Suite 700, Vancouver, WA 98660
by both First Class and Certified Mail, Return Receipt Requested, on October 30, 2012, 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 November 6, 2012 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, P.S., Successor Trustee
By: Mark F. Stoker, 211 E. McLoughlin Boulevard, P.O. Box 611, Vancouver, Washington 98666-0611 Phone: (360) 750-7547
March 8, 22
EXHIBIT A
PARCEL I
A tract of land in the West half of Section 21, Township 2 North, Range 1 East of the Willamette Meridian, Clark County, Washington, being more particularly described as follows:
COMMENCING at the Northeast corner of the George and Abigail Malick Donation Land Claim; thence North 56°09’46” West, along the North line of said Malick Donation Land Claim and the North line of the Charles Prouix Donation Land Claim, 2305.65 feet; thence South 11°40’50” West, 31.96 feet to the Northwest corner of that tract of land leased by the City of Vancouver, as described in document recorded under Auditor’s File No. 7903080070, Deed Records, Clark County, Washington, said point being the True Point of Beginning of the tract herein described: thence South 11°40’50” West, along the West line of said City of Vancouver trace, 1452.41 feet to a half inch diameter iron rod; thence North 78°14’56” West, 525.00 feet to a half inch diameter iron rod; thence North 11°40’50” East, parallel with the West line of said City of Vancouver tract, 1665.55 feet to a half inch diameter iron rod; thence South 56°09’46” East, parallel with the North line of said Prouix Donation Land Claim, 566.86 feet to the Point of Beginning.
EXCEPT any portion conveyed to Clark County, Washington, under auditor’s File No. 9007110005.
PARCEL II
A tract of land in the West half of Section 21, Township 2 North, Range 1 East of the Willamette Meridian, Clark County, Washington, being more particularly described as follows:
COMMENCING at the Northeast corner of the George and Abigail Malick Donation Land Claim; thence North 56°09’46” West, along the North line of said Malick Donation Land Claim and the North line of the Charles Prouix Donation Land Claim, 2305.65 feet; thence south 11°40’50” West 31.96 feet to the Northwest corner of that tract of land leased by the City of Vancouver, as described in document recorded under auditor’s File No. 7903080070, Deed Records, Clark County, Washington; thence South 11°40’50” West, along the West line of said City of Vancouver tract, 1452.41 feet to a half inch diameter iron rod, said point being the True Point of Beginning of the parcel herein described; thence North 78°14’56” West 525.00 feet to a half inch diameter iron rod; thence south 11°40’50” West, parallel with the West line of said City of Vancouver tract, 610.99 feet to the North right of way line of lower River Road (being 75.00 feet from centerline); thence Southeasterly along the arc of a 1935.00 foot radius curve, concave Southerly, through a central angle of 02°08’11”, an arc distance of 74.01 feet, thence South 35°36’52” East, continuing along said right of way line, 450.01 feet; thence continuing along said centerline, along the arc of a 1835.00 foot radius curve, concave Northerly through a central angle of 28°58’28”, an arc distance of 927.96 feet; thence North 11°40’50” East, parallel with the West line of said City of Vancouver tract, 75.00 feet; thence south 78°19’10” East, 30.00 feet; thence North 11°40’50” East 940.00 feet to the Southeast corner of said City of Vancouver tract; thence North 78°19’10” West, along the South line of said City of Vancouver tract, 700.00 feet to the Southwest corner thereof; thence North 11°40’50” East, along the West line of said City of Vancouver tract, 383.83 feet to the Point of Beginning.
EXCEPT any portion thereof lying within the right of way of NW Lower River Road.
