ORIGINAL TRUSTEE SALE RECORDED ON June 1, 2018 IN THE OFFICE OF THE PACIFIC COUNTY RECORDER. NOTICE OF TRUSTEE’S SALE File No.:18-122730 Title Order No.:180081131 I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, AZTEC FORECLOSURE CORPORATION OF WASHINGTON will on October 12, 2018, at the hour of 10:00 am on the front steps of the main entrance to the Pacific County Courthouse, 300 Memorial Avenue, South Bend, WA, State of Washington, sell at public auction to the highest and best bidder, payable at time of sale, the following described real property, situated in the County of Pacific, State of Washington, to-wit: The Westerly 10 feet of Lot 5 and all of Lots 6, 7 and 8 in Block 20 of Eklund Park, per plat thereof on file in the Office of the Auditor in Pacific County, Washington. TOGETHERWITH that portion of vacated alley accruing thereto by operation of law, ALSO TOGETHERWITH the 10 feet of Ohio Street abutting thereto as disclosed by Commissioners Journal filed April 6, 1915 in Volume 9 at page 305, EXCEPT that portion conveyed by Deed of Dedication to the City of South Bend on January 4, 1990 under Auditor’s No. 03048, Volume 9001, Page 155. An appurtenant sewer easement as shown in instrument recorded in Volume 8912 at page 571, records of Pacific County, Washington, as follows: An easement 10 feet in width, the centerline being the North to South centerline common to Lots 21 and 22 in Block 20 of Eklund Park and Lots 28 and 29, in Block 66 of South Bend Land Company’s First Addition to South Bend. Abbrev. Legal: PTN LOT 5 AND ALL OF LOTS 6-8 BLK 20 EKLUND PARK + 1/2 VACATED ALLEY Tax Parcel No.: 71007020005 Commonly known as: 714 Ohio Street, South Bend, WA 98586 which is the subject of that certain Deed of Trust dated February 4, 2011, recorded February 10, 2011, under Auditor’s File No. 3131137, records of Pacific County, Washington, from Gary L Batterson, a single person as Grantor, to Northwest Trustee Services LLC as Trustee, to secure an obligation in favor of Wells Fargo Bank, N.A. as Beneficiary. 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. III. The Default(s) for which this foreclosure is made is/are as follows: Failure to pay when due the following amounts which are now in arrears: Delinquent monthly payments from the September 1, 2017 installment on in the sum of $5,522.58 together with all fees, costs and or disbursements incurred or paid by the beneficiary and or trustee, their employees, agents or assigns. The Trustee’s fees and costs are estimated at $2,236.52 as of May 29, 2018. The amount to cure the default payments as of the date of this notice is $7,857.26. Payments and late charges may continue to accrue and additional advances to your loan may be made. It is necessary to contact the beneficiary or Trustee prior to the time you tender the reinstatement amount so that you may be advised of the exact amount you would be required to pay. IV. The sum owing on the obligation secured by the Deed of Trust is: Principal Balance $71,601.13, together with interest in the Note or other instrument secured from August 1, 2017, and such other costs and fees as are due under the Note or other instrument secured, and as are provided by statute. The amount necessary to pay off the entire obligation secured by your Deed of Trust as the date of this notice is $77,827.55. Interest and late charges may continue to accrue and additional advances to your loan may be made. It is necessary to contact the beneficiary or Trustee prior to the time you tender the payoff amount so that you may be advised of the exact amount you would be required to pay. 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 October 12, 2018. The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, must be cured by October 1, 2018 (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 October 1, 2018 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, is/are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after October 1, 2018 (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 addresses: Estate of Gary L. Batterson a/k/a Gary L Batterson 714 Ohio Street South Bend, WA 98586 Estate of Gary L. Batterson a/k/a Gary L Batterson John C. Cain, Attorney at Law 802 North Second Street Tacoma, WA 98403 Heirs and Devisees of Gary L. Batterson (Deceased) 714 Ohio Street South Bend, WA 98586 Jennifer L. Batterson, Personal Representative of the Estate of Gary Batterson, deceased 714 Ohio Street South Bend, WA 98586 Jennifer L. Batterson, Personal Representative of the Estate of Gary Batterson, deceased 1600 Harbor Blvd Apt 1307W Weehawken, NJ 07086 Jennifer L. Batterson, Personal Representative of the Estate of Gary Batterson, deceased 4800 Ave at Port Imperial Blvd Weehawken, NJ 07086 Jennifer L. Batterson, Personal Representative of the Estate of Gary Batterson, deceased 11 Ave at Port Imperial Apt 924 West New York, NJ 07093 Jennifer L. Batterson, Personal Representative of the Estate of Gary Batterson, deceased 245 St Helens Ave Apt 605 Tacoma, WA 98402 by both first class and certified mail on April 27, 2018 proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on April 28, 2018 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 above, and whose telephone number is (360) 253-8017 / (877) 430-4787 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 an 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, 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 61.24.60. XI. 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 (Toll-free): 1-877-894-HOME (1-877-894-4663) or Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm. The United States Department of Housing and Urban Development: Telephone (Toll-free): 1-800-569-4287 or National Web site: http://www.hud.gov/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 (Toll-Free): 1-800-606-4819 or Web site: http://nwjustice.org/what-clear XII. A list of the persons this Notice was sent to is attached hereto as exhibit “A”. EXHIBIT “A” Estate of Gary L. Batterson a/k/a Gary L Batterson 714 Ohio Street South Bend, WA 98586 Estate of Gary L. Batterson a/k/a Gary L Batterson John C. Cain, Attorney at Law 802 North Second Street Tacoma, WA 98403 Heirs and Devisees of Gary L. Batterson (Deceased) 714 Ohio Street South Bend, WA 98586 Jennifer L. Batterson, Personal Representative of the Estate of Gary Batterson, deceased 714 Ohio Street South Bend, WA 98586 Jennifer L. Batterson, Personal Representative of the Estate of Gary Batterson, deceased 1600 Harbor Blvd Apt 1307W Weehawken, NJ 07086 Jennifer L. Batterson, Personal Representative of the Estate of Gary Batterson, deceased 4800 Ave at Port Imperial Blvd Weehawken, NJ 07086 Jennifer L. Batterson, Personal Representative of the Estate of Gary Batterson, deceased 11 Ave at Port Imperial Apt 924 West New York, NJ 07093 Jennifer L. Batterson, Personal Representative of the Estate of Gary Batterson, deceased 245 St Helens Ave Apt 605 Tacoma, WA 98402 Occupant(s) 714 Ohio Street South Bend, WA 98586 XIII. FAIR DEBT COLLECTION PRACTICES ACT NOTICE: AZTEC FORECLOSURE CORPORATION OF WASHINGTON is attempting to collect a debt and any information obtained will be used for that purpose. If a discharge has been obtained by any party through bankruptcy proceedings, this shall not be construed to be an attempt to collect the outstanding indebtedness or to hold you personally liable for the debt. DATED this 29th day of May, 2018 AZTEC FORECLOSURE CORPORATION OF WASHINGTON By: Inna D. Zagariya Vice President 1499 SE Tech Center Place, Suite 255 Vancouver, WA 98683 (360) 253-8017 / (877) 430-4787 ADDRESS FOR PERSONAL SERVICE Aztec Foreclosure Corporation of Washington 1499 SE Tech Center Place, Suite 255 Vancouver, WA 98683 STATE OF WASHINGTON ) ) SS. COUNTY OF CLARK ) This instrument was acknowledged before me this 29th day of May, 2018, by Inna D. Zagariya, Vice President. Natalie Taras Notary Public in and for the State of Washington My Commission Expires: 3/12/22 NOTARY PUBLIC STATE OF WASHINGTON NATALIE TARAS MY COMMISSION EXPIRES MARCH 12, 2022 NPP0333951 To: CHINOOK OBSERVER 09/12/2018, 10/03/2018

Published Sept. 12 and Oct. 3, 2018

Legal No. 334-18

 

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