2013, 05-23 Recorded Notice of Trustee's SaleAFTER RECORDING RETURN TO:
Thorkild G. Tingey
BALL JANIK LLP
101 SW Main, Suite 1100
Portland, OR 97204
(503) 228-2525
05/31/2013 12:57:46 PM
Recording Fee $78,00 Page 1 of 7
Trustee Sale SPOKANE, COUNTY TITLE CO
Spokane County Washington
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NOTICE OF TRUSTEE'S SALE
6214070
NOTICE IS HEREBY GIVEN that Kevin A. Rosenfield, the undersigned Successor
Trustee, will on Friday, September 13, 2013 at the hour of 11:00 a.m. at the South entrance of
the Spokane County Courthouse, 1116 W. Broadway Ave., Spokane, WA 99201, 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 Spokane, State of Washington, to -wit:
Abbreviated Legal Description: PTN SE 1/4 S33, T25N, R44E,
W.M., PTN SW '/ S34, T25N, R44E, W.M., and PTN NE '/ S4,
T24N, R44E, W.M., Spokane County, WA. For a full legal
description, see Exhibit A attached hereto.
Also commonly described as: 4403 South Dishman-Mica Road
Spokane Valley, Washington 99206.
The tax parcel number(s) are: 45336.9191, 44041.9144,
45334.0108, 45334.0109 and 45334.0110.
which is subject to that certain Deed of Trust dated March 2, 2006 and recorded on March 7,
2006, as instrument number 5351320 (re-recorded on May 24, 2006 as instrument number
5383607), in the Official Records of Spokane County, State of Washington, as modified by that
certain Modification of Deed of Trust dated June 15, 2006 and recorded on July 13, 2006, as
instrument number 5405738, in the Official Records of Spokane County, State of Washington
wherein IWILL70 PROPERTIES, LLC, a Washington limited liability company, is the Grantor,
UPF INCORPORATED, a Washington Company, is the original Trustee, and AMERICANWEST
BANK, is the Beneficiary ("Deed of Trust").
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.
The defaults for which this foreclosure is made are as follows:
A. Grantor failure to make payments due under the terms of the written documents
for Loan No. 1100011278 including the adjustable rate promissory note dated and effective as of
March 2, 2006 and modified by a Change in Terms Agreement dated June 15, 2006.
arrears:
B. Grantor's failure to pay when due the following amounts which are now in
Obligation Default Amount Outstanding
Delinquent payments from March 20, 2012, in the
amount of $7,793.59/month: $116,903.85
Unpaid fees, costs and collection expenses to May
22, 2013:
Total Arrearage:
$99,688.51
$216,592.36
C. DELINQUENT TAXES: Grantor's failure to pay property taxes, when and in the
amounts due, to Spokane County.
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal $797,081.40,
together with interest as provided in the note or other instrument secured from March 2, 2006,
and such other costs and fees as are due under the note or other instrument secured, and as
provided by statute. In addition, some of the charges can only be estimated at this time, because
the charges may include presently unknown expenditures required to preserve the property or to
comply with state or local law.
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 September 13,
2013. The defaults referred to in paragraph III must be cured by September 2, 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 September 2, 2013, (11 days before the sale date) the
defaults set forth in paragraph III are cured and the Trustee's fees and costs are paid. The sale
may be terminated any time after September 2, 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
encumbrances 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 address(es):
IWILL70 Properties, LLC
Attention: Linda S. McElhinny, Registered
Agent
4927 South Bellaire Lane
Veradale, Washington 99037
IWILL70 Properties, LLC
Attention: Linda S. McElhinny,
Registered Agent
3711 S SR 27 Hwy, K103
Spokane, Washington 99206
by both first class mail and certified mail on April 25, 2013, proof of which is in the possession
of the Trustee; and on April 26, 2013 the Borrower and Grantor was 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 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 ori 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 61.24.060.
XI.
NOTICES TO GUARANTORS
A. If you are a guarantor of the Debtor's obligations to Beneficiary, you may be
liable for a deficiency judgment to the extent the sale price obtained at trustee's sale is less than
the debt secured by the Deed of Trust.
B. Guarantors 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.
C. Guarantors will have no right to redeem the property after Trustee's Sale.
D. 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 Debtor's obligations to Beneficiary.
E. In any action for a deficiency, any guarantor will have the right to establish the
fair value of the property as of the date of Trustee's Sale, less prior liens and encumbrances, and
to limit said guarantor's liability for a deficiency to the difference between the Debtor's
obligations to Beneficiary and the greater of the fair value or the sale price paid at the trustee's
sale, plus interest and costs.
DATED 5,
/
By:
Kevin A. Rosenfield
Successor Trustee
Ball Janik LLP
818 Stewart Street, Suite 1110
Seattle, Washington 98101
Telephone: (206) 892-9464
Facsimile: (206) 624-6039
STATE OF WASHINGTON )
) ss.
County of KING )
I certify that I know or have satisfactory evidence that Kevin A. Rosenfield is the person
who appeared before me, and said person acknowledged that he signed this instrument and on
oath stated that he was authorized to execute the instrument and acknowledged it as the
Successor Trustee to be the free and voluntary act of such party for the uses and purposes
mentioned in this instrument.
DATED 512 1 is .
P
Notary Public for Washington
My Commission Expires:
61111114
Exhibit A
Legal Description of Property
PARCEL "A"
That portion of the Southeast quarter of Section 33, Township 25 North, Range 44 East of
the Willamette Meridian, lying Northeasterly of Dishman Mica Road;
EXCEPT the Northwest quarter of the Southeast quarter;
AND EXCEPT the Northwest quarter of the Northeast quarter of the Southeast quarter;
AND EXCEPT the West 141.25 feet of the Southwest quarter of the Northeast quarter of the
Southeast quarter;
AND EXCEPT the West half of the Northeast quarter of the Southwest quarter of the
Southeast;
AND EXCEPT any portion lying within the bounds of the County Right of Way as conveyed
by Deeds recorded under Auditor's File No. 581841C and 8809160323, records of Spokane
County;
AND EXCEPT a portion of the Northeast quarter of the Northeast quarter of the Southeast
quarter of Section 33, Township 25 North, Range 44 East of the Willamette Meridian, being
more particularly described as follows:
BEGINNING at the Northeast corner of said Southeast quarter;
Thence South 89°15'59" West, along the North line of said Northeast quarter of the
Northeast quarter of the Southeast quarter, 664.71 feet to the Northwest comer of said
Northeast quarter of the Northeast quarter of the Southeast quarter;
Thence South 01°34'38" East, along the West line of said Northeast Quarter of the
Northeast Quarter of the Southeast Quarter, 100.00 feet;
Thence South 81°47'37" East, 96.48 feet;
Thence North 89°15'59" East, 282.00 feet;
Thence South 84°39'42" East, 94.71 feet;
Thence North 89°15'59" East, 194.00 feet to the East line of said Northeast quarter of the
Northeast quarter of the Southeast quarter;
Thence North 01°45'47" West, along the East line of said Northeast quarter of the
Northeast quarter of the Southeast quarter, 125.02 feet to said Point of Beginning;
Situate in the City of Spokane Valley, County of Spokane, State of Washington.
PARCEL "B"
That portion of the Southwest quarter of Section 34, Township 25 North, Range 44 East of
the Willamette Meridian, lying Westerly of Madison Road;
EXCEPT the North 300 feet thereof;
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(Legal description continued on Following page)
AND EXCEPT any portion lying within the bounds of the County Right of Way as conveyed
by Deeds recorded under Auditor's File No. 581841C, records of Spokane County;
Situate in the City of Spokane Valley, County of Spokane, State of Washington.
PARCEL "C"
That portion of the Northeast quarter of Section 4, Township 24 North, Range 44 East of
the Willamette Meridian, lying East of Dishman Mica Road, North of Thorpe Road and
Westerly of Madison Road;
EXCEPT any portion lying within the bounds of the County Right of Way as conveyed by
Deeds recorded under Auditor's File No. 8809160323 and 9004120181, records of Spokane
County;
Situate in the City of Spokane Valley, County of Spokane, State of Washington.
PARCEL "D"
Lots 8, 9 and 10, TOMLIN'S ADDITION TO CHESTER, as per plat recorded in Volume "E" of
Plats, page 10, records of Spokane County;
Situate in the city of Spokane Valley, County of Spokane, State of Washington.
Notice of Sale re IWILL70 7 ::ODMA\PCDOCS\PORTLAND\9009490