NOTICE OF TRUSTEES SALE, Pursuant to Revised Code of Washington, Chapter 61.24, et seq.; Loan No. 100091003 (the Loan) Trustee No. 20123.002.03/JBH. Grantor(s): Hillis Clark Martin & Peterson, P.S., Successor Trustee; Grantee(s): Charles L. Torppa and Judy A. Torppa; Legal Description (abbreviated)*: TAX 13, SEC 33, TWP 10 N, RNG 11 W, PACIFIC COUNTY; Complete legal within document. Assessors Parcel No(s)*: 10113342013; Reference No. of Related Documents:3113253. *The Assessors Parcel Number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Propertys full legal description provided herein. I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on January 27, 2012, at the hour of 11:00 a.m., on the front steps of the main entrance of the Pacific County Courthouse located at 300 Memorial Avenue, South Bend, Washington, sell at public auction to the highest and best bidder, payable at time of sale, the following-described property, situated in the County of Pacific, State of Washington, (the Property): Beginning at a point where the east side of First Street, in the town of Ilwaco, intersects the north side of Spruce Street, in said town; Thence running North along the east side of said First Street, fifty (50) feet; Thence east parallel with the north side of said Spruce Street, one hundred (100) feet; Thence South, parallel with the east side of said First Street, fifty (50) feet, and thence West along the north side of said Spruce Street, one hundred (100) feet, to the point of beginning; TOGETHER with and easement for ingress, egress and utility maintenance over the East 20 feet of tax lot 100 in Section 33, Township 10 North, Range 11 West described as follows: Beginning at a point on the east sideline of First Street, 50 feet North of the intersection of said east line on First Street with the North line of Spruce street in Ilwaco and running thence north along said east line of First Street 25 feet; Thence east parallel with Spruce Street 100 feet thence; Thence South 25 feet; Thence West 100 feet to the point of beginning; TOGETHER with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, which property is subject to (a) that certain Deed of Trust from CHARLES L. TORPPA and JUDY A. TORPPA, husband and wife, as Grantor, to Pacific County Title, as Trustee, to secure an obligation in favor of ONE PACIFICCOAST BANK, FSB, f/k/a SHOREBANK PACIFIC, as Beneficiary, (Beneficiary), dated June 27, 2008, and recorded on July 2, 2008, under Recording No. 3113253, records of Pacific County, Washington, (the Deed of Trust), together with (b) any personal property or fixtures located on the above-described real property, which personal property and fixtures are subject to the security agreement and fixture filing that is included within the Deed of Trust (the "Security Agreement"). Hillis Clark Martin & Peterson, P.S., is now Successor Trustee by reason of an Appointment of Successor Trustee recorded on September 27, 2010, under Recording No. 3128625, records of Pacific County, Washington. II. No action commenced by the Beneficiary of the Deed of Trust and the Secured Party under the Security Agreement, or the Beneficiary's successor is now pending to seek satisfaction of the obligation in any Court by reason of the Borrowers or Grantor's default on the obligation secured by the Deed of Trust. III. The defaults for which this foreclosure is made are as follows: (1) Failure to pay the principal balance that became due on March 1, 2010 (the Maturity Date); and (2) Defaults under Loan No. 100091001 and Loan No. 100091002 (the Related Loans), which are cross-collateralized with the Loan and further described in the prior Notices of Default. The following is s summary of the amounts that are now in arrears: Principal Balance due on Maturity Date: $22,583.47; Interest accruing at the default rate from 3/1/10 to 10/20/11: $5,345.70; Late charge for delinquent payments: $1,158.17; TOTAL AMOUNTS IN ARREARS: $29,087.34. In addition, pursuant to the cross-default and cross-collateral provisions in the Deed of Trust, the following amounts are due under the Related Loans and must be paid in order to cure the existing defaults under the Loan and Deed of Trust. (1) Loan No. 100091001: $15,940.23; (2) Loan No. 100091002: $78,039.77; TOTAL FOR ALL RELATED LOANS: $93,980.00. IV. The sum owing on the obligation secured by the Deed of Trust and Security Agreement is: Principal Balance, $22,583.47, together with interest as provided in the Note or other instrument secured from March 1, 2010, and such other costs and fees as are due under the Loan or other instrument secured, and as are provided by statute, and all amounts due and owing in connection with the Related Loans. As of the date hereof, the total amount necessary to cure the defaults under your Note and Deed of Trust is $123,067.34, being the total of the amounts in Section III. V. The Property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust and Security Agreement as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on January 27, 2012. The defaults referred to in paragraph III must be cured by January 16, 2012 (11 days before the sale) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before January 16, 2012 (11 days before the sale date) the default as set forth in paragraph III is cured and the Trustee's fees and costs are paid. The sale may be terminated any time after January 16, 2012 (11 days before the sale) 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 Successor Trustee to the Borrower, Grantor, and Guarantors at the following address(es): Charles L. Torppa,PO Box 789, Ilwaco, WA 98624; Judy A. Torppa, PO Box 789, Ilwaco, WA 98624 by both first class and certified mail on August 20, 2010, proof of which is in the possession of the Successor Trustee; and the Borrower and Grantor were personally served on August 22, 2010, with said written Notice of Default or the written notice of default was posted in a conspicuous place on the Property described in paragraph I above, and the Successor Trustee has possession of proof of such service or posting. VII. The Successor Trustee whose name and address are set forth below will provided 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 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. SPECIAL NOTICE TO GUARANTORS. If any of the parties receiving this notice are guarantors of the obligations referenced above, each such guarantor (individually and collectively, Guarantor) is hereby notified that: (1) 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; (2) 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 any trustee's sale; (3) Guarantor will have no right to redeem the property after the trustee's 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 trustee's sale, or the last trustee's sale under any deed of trust granted to secure the obligations referenced above; and (5) in any action for a deficiency, 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 costs. XI. 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 occupant 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 and the Helping Families Save Their Homes Act of 2009. XII. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DATED this 25th day of October, 2011
HILLIS CLARK MARTIN & PETERSON, P.S., By Julie B. Hamilton, Successor Trustee, 1221 Second Avenue, Suite 500, Seattle, Washington 98101-2925. Telephone: (206) 623-1745
Published December 28, 2011 and January 18, 2012
Legal No. 390-11