NOTICE OF TRUSTEE’S SALE
pursuant to RCW 61.24, et. seq.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 26th day of April, 2013, at the hour of 10:00 o’clock A.M. in the lobby of the Whatcom County Courthouse, 311 Grand Avenue, in the City of Bellingham, 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 of Whatcom, State of Washington, to-wit:
LOT 16, PLAT OF EMERALD GREEN, ACCORDING TO THE PLAT THEREOF, RECORDED OCTOBER 10, 2007, UNDER AUDITOR’S FILE NO. 2071001439, RECORDS OF WHATCOM COUNTY, WASHINGTON. SITUATE IN WHATCOM COUNTY, WASHINGTON. which is subject to that certain Deed of Trust dated March 23, 2005, recorded March 31, 2005 under Auditor’s File No. 2050305618, records of Whatcom County, Washington, from Homestead NW Dev. Co., as Grantor, to Whatcom Land Title Company, as Trustee, to secure an obligation in favor of William E. and Lois I. Shagren, as Beneficiary.
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.
The defaults for which this foreclosure is made are as follows: i) The Grantor sold collateral securing the Promissory Note without releasing the funds to the Beneficiary which is a direct breach of the Promissory Note and Deed of Trust. ii) Failure to pay when due the following amounts which are now in arrears: Scheduled monthly interest payments due since December 31, 2010. Itemized Account of Amounts in Arrears as of December 31, 2012:
Total Back Payment Due and Owing on Note: $37,876.80. Itemized Account of all other Specific Charges, Costs or Fees: Attorneys’ Fees: $2,200.00, Postage: $10.00, Posting or Serving Notice: $78.00, Title Guarantee Fees: $1,103.31, Recording Fee: $76.00, TOTAL DEFAULT: $268,969.11 (with interest continuing to accrue). IV. The sum owing on the obligation secured by the Deed of Trust as of December 31, 2012 is $265,501.80 plus interest continuing to accrue for each day hereinafter, and such other costs and fees as are due under the note or other instrument secured, and as are provided by statute.
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 April 26, 2013. The default(s) referred to in paragraph III must be cured by April 15, 2013 (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 April 15, 2013 (11 days before the sale date), the default(s) as set forth in paragraph III are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after April 15, 2013 (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.
A written notice of default was transmitted by the Beneficiary or Trustee to the current owner at the following address:
Jacob & Jackie Abercrombie,
1763 Emerald Way,
Lynden, WA 98264,
by both first-class and certified mail on December 3, 2012, proof of which is in the possession of the Trustee; and the current owner was personally served on December 4, 2012, with said written notice of default and the Trustee has possession of proof of such service.
The Trustee whose name and address is 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.
The effect of the sale will be to deprive the current owner and all those who hold by, through or under the current owner of all their interest in the above-described property.
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.
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 current 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.
DATED this 14th day of January, 2013. TRUSTEE: Starkenburg-Kroontje,
Attorney at Law, P.S.,
313 4th Street,
PO Box 231,
Lynden, WA 98264,
Published March 27 and April 17, 2013