Established as The Skamokawa Eagle in 1891
NOTICE OF FORECLOSURE
PURSUANT TO THE REVISED CODE OF WASHINGTON
CHAPTER 61.24 ET SEQ.
TO: Joe Bridwell Viviana Santos Occupants
770 Columbia Street 770 Columbia Street 770 Columbia Street
Cathlamet, WA 98612 Cathlamet, WA 98612 Cathlamet, WA 98612
Joe Bridwell Viviana Santos Atlas Plumbing Contractors
6715 NE 63rd Street #136 6715 NE 63rd Street #136 P.O. Box 1352
Vancouver, WA 98661 Vancouver, WA 98661 Ridgefield, WA 98642
Busack Electrick, Inc. Medallion Industries, Inc.
Kelly and Andy Busack 3221 NW Yeon Avenue
P.O. Box 1579 Portland, OR 97210
Longview, WA 98632
The attached Notice of Trustee’s Sale is a consequence of default in the obligation to Production Credit Association L.L.C., Beneficiaries of your Deed of Trust and holder of your Note. Unless you cure the default, your property will be sold at auction on the 11th day of February, 2011.
To cure your default, you must bring your payments current and pay accrued late charges and other costs and attorney’s fees as set forth below by the 31st day of January, 2011 (11 days before sale date). To date, these arrears and costs are as follows:
Currently due Amount that will be due to
to reinstate reinstate in
45 days 85 days
10/18/10 12/02/10 01/31/10
(11 days prior
to sale date)
Monetary Delinquencies: $17,995.74 $20,187.40 $23,404.06
Loan Expenses $ n/a $ n/a $ n/a
Accrued Interest $ n/a $ n/a $ n/a
Attorneys fee in the amount of: $ 1,300.00 $ 1,300.00 $ 1,300.00
Trustee’s expenses
in the amount of: Estimated Estimated
Costs Costs
Trustee’s Fee $ 0.00 $ 0.00 $ 0.00
Title Report for Foreclosure $ 591.80 $ 591.80 $ 591.80
Copy costs/postage $ 263.00 $ 263.00 $ 263.00
Recording Fees $ 81.00 $ 81.00 $ 81.00
Process Service $ 364.00 $ 400.00 $ 400.00
Publication $ 0.00 $ 0.00 $ 1,000.00
TOTALS $20,595.54 $22,823.20 $27,039.86
As to the defaults which do not involve payment of money to the Beneficiary or your Deed of Trust, you must cure each such default. Listed below are the defaults which do not involve payment of money to the Beneficiary of your Deed of Trust. Opposite each such listed default is a brief description of the action necessary to cure the default and a description of the documentation necessary to show that the default has been cured.
DEFAULT Description of Action Required to Cure and
Documentation Necessary to Show Cure
N/A N/A
You may reinstate your Note and Deed of Trust at any time up to the day of January 31, 2011 (11 days before the sale date) by paying the amount set forth above, or estimated above, and by curing any other defaults described above. Of course, each month that passes brings another monthly payment due, and such monthly payment and any late charge must be added to your reinstating payment. Any new defaults not involving payment of money that occur after the date of this notice must also be cured in order to effect reinstatement. In addition, because some of the charges can only be estimated at this time, and because the amount necessary to reinstate may include presently unknown expenditures required to preserve the property or to comply with state or local law, it will be necessary for you to contact the Trustee prior to the time you tender reinstatement so that you may be advised of the exact amount you will be required to pay. In addition, the Trustee’s fees may increase as more time is allowed to pass before reinstatement is made.
Tender of payment or performance must be made to the Trustee, Robert E.L. Bennett, whose address is 1614 Washington, Vancouver, Washington 98660. AFTER THE 31ST DAY OF JANUARY, 2011, (11 DAYS BEFORE SALE DATE), YOU MAY NOT REINSTATE YOUR DEED OF TRUST BY PAYING THE BACK PAYMENTS AND COSTS AND FEES AND CURING THE OTHER DEFAULTS AS OUTLINED ABOVE. In such a case, you will only be able to stop the sale by paying, before the sale, the total principal balance ($27,039.86) plus accrued interest, costs, fees and advances, if any, made pursuant to the terms of the loan documents and by curing the other defaults as outlined above.
You may contest this default by initiating court action in the Superior Court of Wahkiakum County. In such action, you may also raise any legitimate defenses you have to this default. You may also contest this sale in court by initiating court action. A copy of your Note and Deed of Trust are enclosed. You may wish to consult a lawyer. Legal action on your part may prevent or restrain the sale, but only if you persuade the court of the merits of your defense.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
The court may grant a restraining order or injunction to restrain a trustee’s sale pursuant to RCW 61.24.130 upon five days notice to the trustee of the time when, place where, and the judge before whom the application for the restraining order or injunction is to be made. This notice shall include copies of all pleadings and related documents to be given to the judge. Notice and other process may be served on the trustee at:
Robert E.L. Bennett
Attorney at Law
1614 Washington
Vancouver, WA 98660
(360) 695-0770
If you do not reinstate the secured obligation and your Note and Deed of Trust by paying the amount demanded here, or if you do not succeed in restraining the sale by court action, your property will be sold to satisfy your obligations. The effect of such sale will be to deprive you and all those who hold by, through or under you of all interest in the property.
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.
Notice to Guarantor:
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. 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 cost.
The Guarantor has the same rights to reinstate the debt, cure the default, or repay the debt as in given to the Grantor in order to avoid the Trustee’s Sale. The Guarantor will have no right to redeem the property after the Trustee’s Sale. Any action 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 (subject to such longer periods as are provided in RCW 61.27).
DATED this 19th day of October, 2010.
____________________________________
ROBERT E.L. BENNETT
Successor Trustee
1614 Washington
Vancouver, WA 98660
(360) 695-0770
AFFIDAVIT OF MAILING -- NOTICE OF TRUSTEE’S SALE
AND NOTICE OF FORECLOSURE
STATE OF WASHINGTON )
) ss.
County of Clark )
LISA GATES being first duly sworn, on oath deposes and says:
That on the 28th day of October, 2010, she deposited in the mails of the United States of America a copy of the attached NOTICE OF TRUSTEE’S SALE AND NOTICE OF FORECLOSURE, securely sealed in an envelope with the requisite postage thereon, to be transmitted by first class and certified mail, return receipt requested, to each of the following persons as grantors or successors in interest at their respective addresses, to wit:
NAME ADDRESS
Joe Bridwell 770 Columbia Street, Cathlamet, WA 98612
6715 NE 63rd Street #136, Vancouver, WA 98661
Occupants 770 Columbia Street, Cathlamet, WA 98612
That also on the same day she deposited in the mails of the United States of America a copy of the attached NOTICE OF TRUSTEE’S SALE AND NOTICE OF FORECLOSURE, in the above-described manner, to each of the following persons who have an interest in or lien or claim of lien against the property described in said notice, or some part thereof:
NAME ADDRESS
Viviana Santos 770 Columbia Street, Cathlamet, WA 98612
6715 NE 63rd Street #136, Vancouver, WA 98661
Atlas Plumbing Contractors P.O. Box 1352, Ridgefield, WA 98642
Busack Electric, Inc.
Kelly and Any Busack P.O. Box 1579, Longview, WA 98632
Medallion Industries, Inc. 3221 NW Yeon Avenue, Portland, OR 97210
__________________________________________
LISA GATES
SUBSCRIBED AND SWORN to before me this _____ day of November, 2010
__________________________________________
NOTARY PUBLIC in and for the State of
Washington. My Commission expires: 3/1/14
Publish January 13, 2011 and February 3, 2011
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