NOTICE OF TRUSTEE’S SALE
DATE OF DOCUMENT: May 4, 2012
GRANTOR: David W. Christel, Successor Trustee
BENEFICIARY: Columbia Credit Union, a Washington not for profit corporation
GRANTEE/BORROWER: Jack F. Mivshek, as his separate estate
PARCEL NUMBER: 100444-000
LEGAL: #1 LOT(S) 9, of Garden Grove HD LOTS
REF NOS. REL. DOCS: 4508772 and 4851368
WE ARE A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTICE IS HEREBY GIVEN that on the 10th day of August, 2012, at the hour of 11:00 o’clock, a.m., at the gazebo in front of the Clark County Public Service Center, near the corner of Franklin Street and 13th Street in the City of Vancouver, County of Clark, State of Washington, the undersigned Trustee (subject to any conditions imposed by Trustee to protect lender and borrower) will sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property (“Premises”): That part of Lot 9, GARDEN GROVE HOMESTEAD LOTS, according to the plat thereof, recorded in Book “A” of plats, page 12, records of Clark County, Washington, described as follows: BEGINNING at the Southeast corner of Lot 9; thence West 69 feet, more or less, to the East side of the fence line; thence Northerly along the fence line and a Northerly extension thereof 250 feet; thence West on a line parallel with the South line of said lot to a point of 140 feet West of the East line of said lot; thence Northerly and parallel to the East line of said lot to the North line of said lot; thence Southeasterly along the North line to the Northeast corner of said lot; thence South to the Point of Beginning. EXCEPT County Roads. Abbreviated Legal Description: #1 LOT(S) 9, of Garden Grove HD LOTS Assessor’s Property Tax Parcel: 100444-000 Property Address: 4212 NE 18th Ct., Vancouver WA 98663-3655 which is subject to that certain Deed of Trust dated November 4, 2012 and recorded November 12, 2008 under Auditor’s File No. 4508772, records of Clark County, Washington, which was re-recorded on May 2, 2012 under Auditor’s File No. 4851368, wherein Jack F. Mivshek, as his separate estate, is named Grantor, Clark County Title Company is named Trustee, and Columbia Credit Union is named Beneficiary and on November 23, 2011 under Auditor’s File No. 4810971, David W. Christel, Attorney at Law, was named Successor Trustee, which was re-recorded on May 2, 2012 under Auditor’s File No. 4851369.
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 the following past-due amounts, which are in arrears: 1.Deed of Trust [#4508772]: monthly payments of $763.78 which are due and payable for the months of June through December 2011 and for January, February, March, April, and May, 2012 in the amount of $9,165.36. 2. Late Fees: $986.16. Other potential defaults do not involve payment to the Beneficiary. If applicable, each of these defaults must also be cured. Listed below are categories of common defaults which do not involve payment of money to the Beneficiary. Opposite each such listed default is a brief description of the action/documentation necessary to cure the default. The list does not exhaust all possible other defaults; any defaults identified by Beneficiary or Trustee that are not listed below must also be cured: OTHER DEFAULT (1) Nonpayment of taxes/assessments (2) Default under any senior lien (3) Failure to insure property against hazard (4) Waste (5) Unauthorized sale of property (Due on Sale) ACTION NECESSARY TO CURE (1) Deliver to Trustee written proof that all taxes and assessments against the property are paid current (2) Deliver to Trustee written proof that all senior liens are paid current and that no other defaults exist (3) Deliver to Trustee written proof that the property is insured against hazard as required by the Deed of Trust
(4) Cease and desist from committing waste, repair all damage to property and maintain property
as required by the Deed of Trust (5) Revert title to permitted vestee
IV. The principal sum owing on the obligation secured by the Deed of Trust is $151,012.04,
together with interest as provided in the Note or other instrument secured from the 4th day of
November, 2008 and such other costs and fees as are due under the Note or other instrument
secured and as 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 10th day of August, 2012. The default(s) referred to in paragraph III must be cured by the 31st day of July, 2012 (11 days before the sale date), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before the 31st day of July, 2012 (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 31st day of July, 2012 (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 addresses: TO: Jack F. Mivshek, 4212 NE 18th Ct., Vancouver WA 98663-3655 John Mivshek, PO Box 687, PMB 193, Pinedale WY 82941 Kathy Larsen, 858 King Road, Winlock WA 98532 Tina Mivshek, 4212 NE 18th Court, Vancouver WA 98663-3655 Judi Burkdoll, Personal Representative, Estate of Jack F. Mivshek, PO Box 5607, Vancouver WA 98668 by both first class and certified mail, return receipt requested, on the 14th day of March, 2012, proof of which is in the possession of the Trustee; and the Borrower/Grantor was properly served on the 15th day of March, 2012 by serving a copy of the Notice of Default with a resident of suitable age and discretion at the usual abode of the Borrower/Grantor, and 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 on the 18th day of March, 2012, 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.
XI. NOTICE TO GUARANTORS: Guarantor(s) of the obligation secured by this deed of trust: (1) 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) have the same rights to reinstate the debt, cure the default, or repay the debt as is given to the grantor in order to avoid the trustee’s sale; (3) 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 same debt; and (5) in any action for a deficiency, the 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.
If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. DATED this 3rd day of May, 2012.
David W. Christel, Successor Trustee, 105 W. Evergreen Blvd., #200/PO Box 61983, Vancouver, Washington 98666-1983 (360) 993-1200
July 13, August 3
