Pursuant to RCW 61.24
Reference No.: 309096 (deed of trust); Grantor: Midway Beach Estates, LLC; Present Beneficiary: Union Bank, N.A.; Present Trustee: Keller Rohrback L.L.P. Assessors Parcel No.s: 15111943096; 15111943097; 15111943098; 15111943099; 15111943100; 15111942101; 78027000011
I. NOTICE IS HEREBY GIVEN that on January 14, 2011, at 10:00 a.m., at the front steps/main entrance of the Pacific County Courthouse, 300 Memorial Ave., City of South Bend, State of Washington, the undersigned Trustee will sell at public auction to the highest and best bidder, payable at the time of sale, all of Grantors right, title, and interest in and to the real and personal property described in that certain Deed of Trust dated March 14, 2006. The Deed of Trust was recorded March 20, 2006, as Auditors File Number 309096, records of Pacific County, Washington. The Deed of Trust was granted by Midway Beach Estates, LLC as Grantor, to Pacific County Title Company as the trustee, to secure an obligation to Frontier Bank as the original Beneficiary. The undersigned was appointed successor trustee effective September 16, 2010. The present Beneficiary is Union Bank, N.A., successor in interest to the FDIC as Receiver of Frontier Bank. The sale will convey the Grantors interest in the following described real property situated in Pacific County, Washington: Abbreviated legal: Ptn Gl 4, Sec 19 Twp 15N Rge 11E, Pacific County. Exhibit A. Parcel 1 Parcels 1, 2, 3 and 4 of Doyon Short Plat No. 93-08 as recorded in Book 2 of Short Plats at page 28, April 1, 1993; said Short Plat being a portion of Government Lot 4 in Section 19, Township 15 North, Range 11 East, W.M., in Pacific County, Washington. Excepting the following described property: That portion of Government Lot 4, in Section 19, Township 15 North, Range 11 West of the W.M., described as follows: Commencing at the Northeast comer of Lot 4, Pacific County Short Plat 93-08, as recorded under Auditor's fee number 35845, Pacific County, Washington on April 21, 1993; thence along the North line of said Lot 4, North 86° 18' 33"' West a distance of 627A8 feet to the true point of beginning; thence continuing North 86° 18' 33" West a distance of 1930.72 feet; thence South 13° 18' 31" West a distance of 321.37 feet to intersect an extension of the South line of aforesaid Lot 4; thence along said extension South 86° 12' 44" East a distance of 1980.73 feet to a point of non-tangent curvature whose radius point bears South 86° 38' 43" West; thence Northerly along said curve concave to the west a distance of 74.57 feet with a radius of 400.00 feet and a central angle of 10°40' 54"; thence a non-tangent line North 14° 02' 10" West a distance of 32,77 feet; thence North 4° 40' 47" East a distance of 151.42 feet; thence North 26° 33' 54' East a distance of 54.49 feet to a point of curvature tangent to said line; thence Northerly along said curve concave to the West a distance of 15.78 feet with a radius of 400.00 feet and a central angle of 2° 15' 38" to the point of beginning. Parcel 2 A Tract of land being a portion of that Parcel of land described as Parcel 1, in Pacific County Superior Court Case No. 16671 and in Volume 294 of Deeds at page 128, Pacific County Auditor's records, said Tract more particularly described as follows: Commencing at the Southeast corner of said Section 19, Township 15 North, Range 11 West of W.M., Pacific County, Washington; thence North 00° 16' 04" West (along the lines between Section 19 and 20) 1331.29 feet to the North line of said Government Lot 4; thence South 89° 51' 00" West along said North lines 835.41 feet to the Westerly boundary of the proposed right-of-way of State Highway 13-A, as conveyed to the State of Washington, under deed recorded in Volume 149 of Deeds, at page 406; thence South 07° 09' 00" East along said Westerly margin 151.12 feet to the intersection of the line situated 150.00 feet South of and parallel to the North line of said Government Lot 4 (being the Southerly boundary of Shoreland Tracts as extended) and the true point of beginning of the Tract herein described; thence continuing South 07° 09' 00" East along said Westerly margin 324.52 feet; thence South 89° 53' 00" West 812.30 feet; thence North 07° 09' 00" West 173.75 feet, parallel with the Westerly margin of said proposed highway; thence South 89° 51' 00" West 939.75 feet, parallel with the North line of Government Lot 4; thence North 00° 09' 00 West 100.00 feet to a point; thence North 89° 51' 00" East 525.00 feet parallel with the North line of Government Lot 4; thence North 00° 09' 00" West 50.00 feet to a one-half inch Iron Rod in concrete which is the Southeast corner of Lot 11 of the Plat of Shoreland Tracts; thence along the South line of said Plat North 89° 51' 00" East 1208.68 feet, (North 89° 53' 20" East 1208.68 feet as measured) back to the true point of beginning. Parcel 3 Also in Government Lot 4 of said Section 19, an additional parcel described as follows: Commencing at the Southeast 'comer of said Section 19; thence North 0° 16' 04" West along the line between Sections 19 and 20, 1331.29 feet to the North line of said Government Lot 4; thence South 89° 51' West along said North line 935.41 feet to the true point of beginning of the parcel herein described; thence South 0° 09' East 150 feet; thence South 89° 51' West 40 feet; thence North 0° 09' West 150 feet; thence North 89° 51' East along said North line 40 feet to the point of beginning; EXCEPTING THEREFROM the Northerly 20 feet as conveyed to Pacific County for county road right-of-way by deed recorded in Volume 106 of Deeds, page 552, records of Pacific County, Washington. Parcel 4 That portion of Government Lot 4 in Section 19, Township 15 North, Range 11 West of the Willamette Meridian, described as follows: Beginning at the Northeast corner of Parcel A of Boundary Line Adjustment 3091046 as recorded in County of Pacific, Washington on March 27, 2006; thence along the North line of Parcel B of said BLA 3091046 South 86°18'33" East a distance of 1145.20 feet (more or less) to the ordinary high tide line of November 11, 1889; thence along said ordinary high tide line of 1889 North 03°47'19" East a distance of 128.80 feet to the South right of way of Midway Beach Road; thence along said right of way North 85°14'44" West a distance of 1119.96 feet (more or less) to a point of non-tangent curvature whose radius point bears North 84°45'53" West; thence Southerly along said curve concave to the west with a central angle of 19°04'09" and a radius of 400.00 feet, a distance of 133.13 feet to the point of beginning together with all related rights, improvements, easements, and rents, as described more fully in the Deed of Trust. The sale will also convey all personal property described in the Deed of Trust and related UCC-1 and/or UCC-2 Financing Statement, if any, including without limitation all equipment, fixtures, and other articles that were or are attached or affixed to the real property described above. The Property is commonly known as XXXX SW Midway Beach Road, North Cove, WA 98547, and is also known as XXXX SW Midway Beach Road, Grayland, WA 98547. 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 Borrowers or Grantors default on the obligation secured by the Deed of Trust. III. The defaults for which this foreclosure is made are as follows: (a)Failure to pay when due the following amounts which are now in arrears: Description Late charges of 5% of each missed monthly payment (8 payments of $2,377.08 each missed from 11/14/09 through 6/14/10) $950.82; Principal balance due on maturity (7/14/10) $320,085.96; Interest due on maturity (interest has accrued at default rate of 12.5% per annum since 2/12/10) $25,146.48; Post-maturity interest (at default rate) $10,084.90 Foreclosure costs and fees (estimated) $4,719.00 TOTAL: $360,987.16. (b) Failure to pay when due all taxes, special taxes, assessments, charges, fines and impositions levied against or on account of the Property. The property tax delinquency currently exceeds $5,810.00. IV. The sum owing on the obligation secured by the Deed of Trust is the principal balance of $320,085.96, together with interest and such other costs, fees, and assessments as are due under the Promissory Note dated March 14, 2006 (including amendments and modifications thereto) and related agreements secured by the Deed of Trust, and as are provided by statute. V. The above-described 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, condition, possession or encumbrances on the 14th day of January, 2011. Because the entire monetary obligation is already due, it is not possible for the Deed of Trust to be reinstated. The sale may be terminated any time before the sale by the Borrowers, Grantors, 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 made pursuant to the terms of the obligation and/or Deed of Trust, and curing all other defaults. Payment must be in cash or with cashiers or certified checks from a state or federally chartered bank. VI. A written notice of default was transmitted by the Beneficiary to the Borrower/Grantor and guarantors at the following addresses: Midway Beach Estates, LLC, 409 E Pioneer, Ste. A, Puyallup, WA 98372; Midway Beach Estates, LLC, 1103 Shaw Road, Puyallup, WA 98372; Paul E. Green, 7807 64th Ave. E, Puyallup, WA 98371; Lyle E. Fox, 10405 176th Ave. E, Bonney Lake, WA 98391; Lyle E. Fox, PO Box 740, Puyallup, WA 98371; Paul E. Green, 1842 31st Ave. SE, Puyallup, WA 98374 by both first class and certified mail on May 28, 2010, proof of which is in the possession of the Trustee; and the notice of default was personally served on the Borrower/Grantor on June 1, 2010, and the Trustee has possession of proof of such service. 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 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. XI. NOTICE TO GUARANTORS. With regard to guarantors of commercial loans, Washington law provides as follows: (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.
DATED this 14th day of October, 2010.
KELLER ROHRBACK L.L.P., Successor Trustee
Amy Phillips, 1201 Third Ave. #3200, Seattle, WA 98101, (206) 623-1900
Published Dec. 15, 2010 and Jan. 5, 2011
Legal No. 424-10