NOTICE OF TRUSTEES SALE
Reference Number(s) of Documents assigned or released: 3132976
Grantors: Bishop, White, Marshall & Weibel, P.S.
Grantee: David R Palmer and Marlene J Palmer, Husband and Wife. Abbreviated Legal Description as follows: Lot 6, Block 38, Seaview and First and Second Add., Vol. D-1, P.26, Pacific County Assessors Property Tax Parcel/Account Numbers(s): 73026038006
NOTICE: AS THE RESULT OF AN ORDER ENTERED IN A BANKRUPTCY PROCEEDING, DAVID RUPERT PAMER AND MARLENE JEAN PALMER MAY NOT BE PERSONALLY LIABLE FOR THE UNPAID BALANCE OF THE BELOW REFERENCED LOAN. HOWEVER, THE BENEFICIARY RETAINS A DEED OF TRUST DESCRIBED BELOW WHICH IS SUBJECT TO FORECLOSURE IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON.
NOTICE: IF YOU ARE NOT PERSONALLY LIABLE TO PAY THIS OBLIGATION BY REASON OF A BANKRUPTCY PROCEEDING, THEN THIS NOTICE IS NOT AN ATTEMPT TO COLLECT A DEBT BUT IS INTENDED ONLY TO RELAY INFORMATION REGARDING YOUR DEED OF TRUST.
NOTICE: IF YOU ARE PERSONALLY LIABLE TO PAY THIS OBLIGATION, WE WISH TO INFORM YOU THAT WE ARE A DEBT COLLECTOR. ANY INFORMATION YOU PROVIDE TO US WILL BE USED FOR THE PURPOSES OF FORECLOSING THE DEED OF TRUST MENTIONED BELOW.
I. NOTICE IS HEREBY GIVEN that the undersigned Bishop, White, Marshall & Weibel, P.S. will on December 14, 2012, at 10:00 a.m. at the front entrance of the Courthouse, 300 Memorial Drive, in the City of South Bend, Washington, located at Pacific County, State of Washington, sell at public auction to the highest bidder, payable in the form of cash, or cashiers check or certified checks from federally or State chartered banks, at time of sale, the following described real property, situated in Pacific County, State of Washington, to-wit: Lot 6 in Block 38 of Seaview and First and Second Additions thereto, according to the plat thereof on file in Volume D-1 of plats, page 26 in the office of the according to the plat on file in the office of the Auditor of Pacific County, Washington, which is subject to that certain Deed of Trust dated May 16, 2011, recorded May 31, 2011, under Auditors File No. 3132976, records of Pacific County, Washington, from David R Palmer and Marlene J. Palmer, Husband and Wife, as Grantor, to Clark County Title, as Trustee, to secure an obligation in favor of JPMorgan Chase Bank, N.A., as beneficiary. The sale will be made without any warranty concerning the title to, or the condition of the property. II. No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Grantors default on the obligation secured by the Deed of Trust. III. The default(s) for which this foreclosure is made is/are as follows: i) Failure to pay the following amounts, now in arrears: DELINQUENT MONTHLY PAYMENTS DUE FROM 12/1/2011 through 8/1/2012: 5 payments at $737.10; 4 payments at $740.87; Total: $6,648.98; Accrued Late Charges: $88.56; Recoverable Balance: $414.00; TOTAL DEFAULS $7,151.54. IV. The sum owing on the obligation secured by the Deed of Trust is: Principal Balance of $110,858.56, together with interest from November 1, 2011, as provided in the note or other instrument, 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 December 14, 2012. The payments, late charges, or other defaults must be cured by December 3, 2012 (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before December 3, 2012 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, or other defaults, is/are cured and the Trustees fees and costs are paid. Payment must be in cash or with cashiers check or certified checks from a State or federally chartered bank. The sale may be terminated any time after December 3, 2012 (11 days before the sale date), 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 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 at the following address(es): NAME AND ADDRESS: David R Palmer aka David Rupert Palmer, aka David Palmer, 1611 California Ave SW, Longbeach.WA 98631; Marlene J Palmer aka Marlene Jean Palmer, aka Marlene J Dunne, aka, 1611 California Ave SW, Longbeach,WA 98631; David R Palmer aka David Rupert Palmer, aka David Palmer, 1611 California Ave SW, Seaview, WA 98644; Marlene J Palmer, aka Marlene Jean Palmer, aka Marlene J Dunne, aka, 1611 California Ave SW, Seaview, WA 98644; David Rupert Palmer, c/o Stanley F. Horak, Attorney, 3205 NE 78th St Ste 10, Vancouver, WA 98665; Marlene Jean Palmer, c/o Stanley F. Horak, Attorney, 3205 NE 78th St Ste 10, Vancouver, WA 98665; Russell D. Garrett, Trustee, 1498 SE Tech Center PL Suite 380, Vancouver, WA 98683; David R. Palmer, aka David Rupert Palmer, aka David Palmer, 802 NW 88th St, Vancouver, WA 98665; Marlene J. Palmer, aka Marlene Jean Palmer, aka Marlene J Dunne, aka, 802 NW 88th St, Vancouver, WA 98665 by both first class and certified mail on June 25, 2012, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on June 27, 2012, 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 this 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 Trustees sale. X. NOTICE TO OCCUPANTS OR TENANTS The purchaser at the Trustees 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. If the Trustees Sale is set aside for any reason, the submitted bill will be forthwith returned without interest and the bidder will have no right to purchase the property. Recovery of the bid amount without interest constitutes the limit of the bidders recourse against the Trustee and/or the Beneficiary. XI. NOTICE TO ALL PERSONS AND PARTIES WHO ARE GUARANTORS OF THE OBLIGATIONS SECURED BY THIS DEED OF TRUST: (1) The Guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the Trustees 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 trustees sale; (3) The Guarantor will have no right to redeem the property after the Trustees 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 Trustees Sale, or the last Trustees 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 Trustees 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 Trustees Sale, plus interest and costs. XII. NOTICE. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 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: (1-877-894-4663)Website: http://www.commerce.wa.gov/ site/1356/default.aspx. The United States Department of Housing and Urban Development: Telephone: (1-800-569-4287). Website: http://www.hud.pov/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). Website: http://nwiustice.org/what-clear.
EFFECTIVE DATE: August 10,2012
Bishop, White, Marshall & Weibel, P.S., Successor Trustee. William L. Bishop, Jr., 720 Olive Way, Suite 1201, Seattle, WA 98101, (206) 622-7527
Published November 14 and December 5, 2012
Legal No. 272-12