Details for NOTICE OF TRUSTEES SALE Grantor:
NOTICE OF TRUSTEE'S SALE Grantor: New Vision Properties, LLC, a Washington limited liability company Current Beneficiary of Deed of Trust: Scruggs, Miles Current Trustee of Deed of Trust: Lenard L. Wittlake, PLLC Current Mortgage Servicer of Deed of Trust: Scruggs, Miles Tax Parcel No.: 35-07-36-63-0112 Reference No.: 2019-01346 1. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 6th day of November, 2020 at the hour of 10:00 o'clock a.m. at the main public entrance to the Walla Walla County courthouse at 315 W. Main St. in the City of Walla Walla, 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 Walla Walla, State of Washington, to-wit: Lot 12 in Block 1 of Highland Park No. 3, to the Town of College Place, Washington, according to the official plat thereof recorded in Volume 1 of Roll Files at Page D-3, records of Walla Walla County, Washington; Situate in Walla Walla County, State of Washington. More commonly known as 355 SE Highland Park Drive, College Place, WA 99324, which is subject to that certain Deed of Trust dated February 27, 2019, recorded March 1, 2019 under Auditor's File No. 2019-01346 records of Walla Walla County, Washington, from New Vision Properties, LLC, a Washington limited liability company, as Grantor, to Land Title of Walla Walla, Inc., as Trustee, succeeded by Lenard L. Wittlake, PLLC on May 1, 2019 as Successor Trustee, to secure an obligation in favor of Miles Scruggs. 2. 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. 3. The default(s) for which this foreclosure is made is/are as follows: Failure to pay property taxes, to maintain insurance, and to pay the regular monthly payment when due on May 27, 2019 and all subsequent monthly payments plus late fees and costs of foreclosure. Failure to pay when due the following amounts which are now in arrears: principal on two matured promissory notes $214,000.00; interest (at 8/7/2020) $50,747.96; late charges (through 8/16/2019) $887.50; legal fees and costs $6,500.00; property taxes last half 2019 and first half 2020 $3,880.09 TOTAL (as of 8/7/2020) $276,015.55. 4. The sum owing on the obligation secured by the Deed of Trust is: principal $214,000.00 together with interest as provided in the note or other instrument secured from the 27th day of May, 2019, and such other costs and fees as are due under the note or other instrument secured, and as are provided by statute. 5. 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 6th day of November, 2020. The default(s) referred to in paragraph 3 must be cured by the 26th day of October, 2020 (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 the 26th day of October, 2020 (11 days before the sale date), the default(s) as set forth in paragraph 3 is/are cured and the Trustee's fees and costs are paid. Payment must be in cash or with cashier's or certified checks from a state or federally chartered bank. The sale may be terminated any time after the 26th day of October, 2020 (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. 6. A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addresses: New Vision Properties, LLC, c/o Jimi Ward, Registered Agent, 401 W. Main Street, Suite 103, Walla Walla, WA 99362; Jimi T. Ward, 1931 Bernard St., Walla Walla, WA 99362 by both first-class and certified mail on the 16th day of August, 2019, proof of which is in the possession of the Trustee; and the Borrower and Grantor was personally served on the 18th day of August, 2019, with said written notice of default and the written notice of default was posted in a conspicuous place on the real property described in paragraph 1 above on August 16, 2019, and the Trustee has possession of proof of such service or posting. 7. 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. 8. 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. If the sale is set aside for any reason, the purchaser at the sale shall be entitled only to a return of the bid amount paid. The purchaser shall have no further recourse against the Trustor, the Trustee, the Beneficiary, or the Beneficiary's attorney. 9. 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. 10. Notice to Occupants or Tenants: The purchaser at the trustee's sale is entitled to possession of the property on the twentieth date 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 twentieth 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. 11. Notice to Guarantors: (a) If you are a Guarantor of the obligations secured by the Deed of Trust, you 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. (b) You 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) You will have no right to redeem the property after the Trustee's sale. (d) Subject to such longer periods as are provided in the Washington Deed of Trust Act, RCW 61.24, 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 other Deed of Trust granted to secure the same debt. (e) In any action for a deficiency, you 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 your 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. This foreclosure does not involve owner-occupied residential real property. Trustee: Lenard L. Wittlake, PLLC By: Lenard L. Wittlake, Member, P.O. Box 1233, Walla Walla, WA 99362, (509) 529-1529 (Pub. Oct. 8 29, 2020)
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