Pursuant to R.C.W. Chapter 61.24, et seq. and 62A.9A-604(a)(2) et seq. Trustee's Sale No: 01-BR-95371 I NOTICE IS HEREBY GIVEN that the undersigned Trustee, REGIONAL TRUSTEE SERVICES CORPORATION, will on September 24, 2010, at the hour of 10:00 AM, at THE ENTRANCE TO THE PACIFIC COUNTY COURTHOUSE, 300 MEMORIAL AVE., SOUTH BEND, WA, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real and personal property (hereafter referred to collectively as the "Property"), situated in the County of PACIFIC, State of Washington: Beginning at the intersection of the South line of Section 8, Township 10 North, Range 9 West of W.M., Pacific County, Washington and the Westerly right-of-way of the Naselle-Knappton County Road; thence along said right-of-way North 02º 27' 13" East 340.19 feet to the true point of beginning; thence South 88º 22' 40" West 160 feet; thence South 02º 27' 13" West 90 feet; thence South 88º 22' 40" West 190 feet; thence North 02º 27' 13" East 240 feet; thence North 88º 22' 40" East 100 feet; thence North 02º 27' 13" East 30 feet; thence North 88º 22' 40" East 100 feet; thence Easterly to a point on said right-of-way which is North 02º 27' 13" East 168 feet from the true point of beginning; thence South 02º 27' 13" West 168 feet to the true point of beginning. Tax Parcel No: 10090844151, commonly known as 243 KNAPPTON ROAD, NASELLE, WA. The Property is subject to that certain Deed of Trust dated 9/12/2002, recorded 9/17/2002, under Auditor's/Recorder's No. 3055980, records of PACIFIC County, Washington, from SCOTT COLIN PIERRO, AS TRUSTEE OF THE D. H. PIERRO FAMILY TRUST, as Grantor, to PACIFIC COUNTY TITLE CO., as Trustee, in favor of SEATTLE MORTGAGE COMPANY, as Beneficiary, the beneficial interest in which is presently held by BANK OF AMERICA, N.A.. 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 Borrower's or Grantor's default on the obligation secured by the Deed of Trust. Ill The default(s) for which this foreclosure is/are made are as follows: FAILURE TO PAY THE PRINCIPAL BALANCE WHICH BECAME DUE ON 4/27/09, DUE TO THE CONDITIONS ON THE NOTE REFERENCED AS PARAGRAPH 7 (B1), TOGETHER WITH ACCRUED AND ACCRUING INTEREST, CHARGES, FEES AND COSTS AS SET FORTH. Failure to pay when due the following amounts which are now in arrears: Amount due as of June 25, 2010 Total Amount Due $131,302.93 Accrued Late Charges $0.00 Beneficiary Advances: $0.00 Suspense Credit: $0.00 TOTAL: $131,302.93 IV The sum owing on the obligation secured by the Deed of Trust is: Principal $88,542.14, 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 expenses 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 September 24, 2010. The sale will be discontinued and terminated if at any time on or before the sale, 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 at any time 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. VI A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addresses: DON H. PIERRO, 243 KNAPPTON ROAD, NASELLE, WA, 98638 ESTATE OF DON H. PIERRO, C/O STACEY L. PIERRO, 243 KNAPPTON ROAD, NASELLE, WA, 98638 ESTATE OF DON H. PIERRO, 243 KNAPPTON ROAD, NASELLE, WA, 98638 ESTATE OF JOAN K. PIERRO, 243 KNAPPTON ROAD, NASELLE, WA, 98638 ESTATE OF JOAN K. PIERRO, C/O STACEY L. PIERRO, 243 KNAPPTON ROAD, NASELLE, WA, 98638 HEIRS AND DEVISEES OF DON H. PIERRO, 243 KNAPPTON ROAD, NASELLE, WA, 98638 HEIRS AND DEVISEES OF JOAN K. PIERRO, 243 KNAPPTON ROAD, NASELLE, WA, 98638 JOAN K. PIERRO, 243 KNAPPTON ROAD, NASELLE, WA, 98638 SCOTT COLIN PIERRO, 243 KNAPPTON ROAD, NASELLE, WA, 98638 SPOUSE OF DON H. PIERRO, 243 KNAPPTON ROAD, NASELLE, WA, 98638 SPOUSE OF JOAN K. PIERRO, 243 KNAPPTON ROAD, NASELLE, WA, 98638 SPOUSE OF SCOTT COLIN PIERRO, 243 KNAPPTON ROAD, NASELLE, WA, 98638 STACEY L. PIERRO, 243 KNAPPTON ROAD, NASELLE, WA, 98638 SUCCESSOR TRUSTEE OF THE D. H. PIERRO, FAMILY TRUST, 243 KNAPPTON ROAD, NASELLE, WA, 98638 THE D. H. PIERRO FAMILY TRUST, 243 KNAPPTON ROAD, NASELLE, WA, 98638 by both first class and certified mail on 5/20/2010, proof of which is in the possession of the Trustee; and on 5/20/2010, the Borrower and Grantor were personally served 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's Sale will be held in accordance with Ch. 61.24 RCW and anyone wishing to bid at the sale will be required to have in his/her possession at the time the bidding commences, cash, cashier's check, or certified check in the amount of at least one dollar over the Beneficiary's opening bid. In addition, the successful bidder will be required to pay the full amount of his/her bid in cash, cashier's check, or certified check within one hour of the making of the bid. 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 of 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 same 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 proceeding under the Unlawful Detainer Act, Chapter 59.12 RCW. XI Notwithstanding the use of the term "reinstatement", this obligation is fully mature and the entire principal balance is due and payable, together with interest, costs, fees and advances as set forth above. DATED: June 23, 2010. Effective Date: June 23, 2010 REGIONAL TRUSTEE SERVICES CORPORATION Trustee By: CHAD JOHNSON, AUTHORIZED AGENT Address: 616 1st Avenue, Suite 500 Seattle, WA 98104 Sale Information: www.rtrustee.com ASAP# 3625959 08/25/2010, 09/15/2010.
Published Aug. 25 and Sept. 15, 2010
Legal No. 266-10