Pursuant to the Revised Code of Washington 61.24, ET SEQ.
Grantor(s): (1) Finlay, James B.
Grantee(s): (1) The Public (2) Oppelt, Daniel C.
Legal Description (abbreviated): LOT 23, RUTHERFORD'S ACRE TRACT, VOLUME D-2, Page 125 & SECTION 34,
TOWNSHIP 13 N, RANGE 7 W.
Assessor's Tax Parcel ID# 72055000023; 13073433003; 13073433012
To: Daniel C. Oppelt, 705 Bryce Place, Mattawa, WA 99349;
Occupants, 70 Halfmoon Creek Road, Lebam, WA 98554
I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 25th day of July, 2008, at the hour of ten o'clock a.m. at front entrance of Pacific County Courthouse, in the City of South Bend, 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(ies) of Pacific, State of Washington, to-wit: PARCEL 1: LOT 23, RUTHERFORD'S ACRE TRACT, ACCORDING TO PLAT RECORDED IN VOLUME D-2, PAGE 125, PACIFIC COUNTY, WASHINGTON. PARCEL 2: THAT PORTION OF SECTION 34, TOWNSHIP 13 NORTH, RANGE 7 WEST, W.M. IN PACIFIC COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF HALF MOON COUNTY ROAD NORTH 55° EAST 644 FEET FROM THE INTERSECTION OF THE EAST SIDE OF THE SAID ROAD AND SOUTH LINE OF SAID SECTION 34, WHICH IS 670 FEET EAST OF THE CORNER OF SECTION 34 AND 33; THENCE NORTH 64° EAST 132 FEET; THENCE SOUTH 26° EAST 330 FEET; THENCE SOUTH 64° WEST 104 FEET; THENCE NORTH 26° WEST 330 FEET TO THE POINT OF BEGINNING. APN: 72055000023 APN: 13073433003 APN: 13073433012, (commonly known as 70 Halfmoon Creek Road, Lebam, WA 98554) which is subject to that certain Deed of Trust dated July 1, 2003, recorded under Auditor's/Recorder's No. 3063742, records of Pacific County, Washington, from Daniel C. Oppelt, a single man, as Grantor, to Pacific County Title Company, as Trustee, to secure an obligation in favor of PATRICK J. O'HARE and LAURA J. O'HARE REVOCABLE LIVING TRUST, uta dated March 12, 1997, as beneficiary.
II. No action commenced by the beneficiary of the Deed of Trust or the Beneficiary's successor is now pending to seek satisfaction of the obligation in any Court by reason of the Grantor's default on the obligation secured by the Deed of Trust.
III. The default(s) for which this foreclosure is made is/are as follows: Failure to pay second half real estate taxes for 2005, 2006 and 2007 together with interest and penalties thereof.
Failure to pay when due the following amounts which are now in arrears: Monthly Payment: Balance of Sept. 2007 payment. $118.55
7 monthly payments of $262.85 each; (October 1, 2007
through April 1, 2008). $1,839.95
TOTAL MONTHLY PAYMENTS AND LATE CHARGES: $1,958.50
IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $45,865.42, together with interest as provided in the note or other instrument secured from the 8th day of August, 2007, 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 the 25th day of July, 2008. The default(s) referred to in paragraph III must be cured by the 14th day of July, 2008, (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 the 14th day of July, 2008, (11 days before the sale date), 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 the 14th day of July, 2008 (11 days before the sale date), and before the sale, by the grantor 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 Grantor or the Grantor's successor in interest at the following address: Name/Address: Daniel C. Oppelt, 705 Bryce Place, Mattawa, WA 99349, by both first class and certified mail, on the 28th day of February, 2008 proof of which is in the possession of the Trustee; and the Grantor or the Grantor's successor in interest was personally served on the 29th day of February, 2008 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 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.
DATED: April 10, 2008
JAMES B. FINLAY, Trustee. (360) 642-3108
212 Pacific Avenue, North, P.O. Box 755, Long Beach, WA 98631
Published June 25 and July 16, 2008
Legal No. 224