125353 Trustee Sale
After recording return to:
BUZZARD O’ROURKE, P.S. 314 Harrison Ave. Centralia, WA 98531
NOTICE OF TRUSTEE’S SALE
Pursuant to the Revised Code of Washington, Chapter 61.24 RCW:
Grantor: Celestino Antonio Cruz-Montes and Marissa Altamirano
Grantee: Robert E. Wiseman and Carla C. Wiseman
Tax Parcel Number: 004651000000
Ref. Nos to Related Docs: 3529465
I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, Eric J. Lanza, will on March 17, 2023, at 10:00am at the following location: 351 NW North St, Chehalis, 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 Lewis, State of Washington, to wit:
LOT 6 AND THE EAST HALF OF LOT 5, BLOCK 14, CHEHALIS LAND AND TIMBER COMPANY’S SECOND ADDITION TO THE CITY OF CHEHALIS, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 109, RECORDS OF LEWIS COUNTY, WASHINGTON.
Commonly known as: 472 NE Adams Ave. Chehalis, WA 98532
The afore-described real property is subject to that certain Deed of Trust, dated August 10, 2020, recorded on August 11, 2020, under Auditor’s File No. 3529465, records of Lewis County, State of Washington from Celestino Antonio Cruz-Montes and Marissa Altamirano as Grantor to Title Guarantee of Lewis County as Trustee, to secure an obligation in favor of Robert E. Wiseman and Carla C. Wiseman, the 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, Grantors’ default on the obligation secured by the Deed of Trust.
III. The defaults for which this foreclosure is made are as follows:
(a) Failure to pay when due the following amounts, which are now in arrears:
Currently Due to Reinstate on October 24, 2022:
Outstanding Principal Balance
$228,443.05
Default Interest from 9/3/22 to 10/24/22 at 12% per annum
$3,905.43
Subtotal
$232,348.48
Payments of 2020, 2021 and 2022 general taxes of $5,685.51 was not made pursuant to terms of the Promissory Note dated August 10, 2020 secured by the Deed of Trust, occurring by their respective due dates. The amount in arrears is $5,685.51, plus $1,146.29 in interest and penalties.
Costs and Fees
(b) In addition to the amounts in arrears specified above, you are or may be obligated to pay the following estimated charges, costs and fees to reinstate the Deed of Trust.
Trustee’s or Attorneys’ Fees
$2,000.00
Recording Fees
$224.50
Title Report
$907.80
Service/Posting of Notice of
Default
$80.00
Service/Posting of Notice of
Trustee’s Sale
$80.00
Postage Costs
$20.00
ESTIMATED TOTAL COSTS
AND FEES $3,312.30
ESTIMATED TOTAL BREACH
AMOUNTS $239,180.28
ESTIMATED TOTAL
REINSTATEMENT AMOUNT
$242,492.58
The estimated amounts that will be due to reinstate on March 6, 2023 (11 days before the sale date):
Additional Arrearages
Default Interest from 10/24/22 to 3/6/23 at 12% per annum
$10,064.01
Additional Costs and Fees
Additional Trustees’ or
Attorneys’ Fees
$600.00
Publication Costs
$800.00
Subtotal
$1,400.00
Total Estimated Reinstatement Amount as of March 6, 2023 (11 days the sale date):
$253,956.59
IV. The sum owing on the obligation secured by the Deed of Trust is $228,443.05, together with interest as provided in the Note from September 4, 2022 and such other costs and fees as are due under the Note and Deed of Trust and as are provided by statute. Of course, as time passes other payments may become due, and any further payments coming due and any additional late charges must be added to the reinstating payment. Any new defaults not involving payment of money that occur after the date of this notice must also be cured in order to effect reinstatement. In addition, because some of the charges can only be estimated at this time and because the amount necessary to reinstate may include presently unknown expenditures required to preserve the property, or to comply with state or local laws, it is necessary for you to contact the Trustee before the time you tender reinstatement so that you may be advised of the exact amount you will be required to pay. Tender of payment or performance must be in the full amount by certified funds or cash equivalent to the Trustee whose address is:
Buzzard O’Rourke, P.S. Attn: Eric J. Lanza
314 Harrison Ave. Centralia, WA 98531
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 March 17, 2023. The default(s) referred to in paragraph III must be cured by March 6, 2023 (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 March 6, 2023 (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 March 17, 2023 (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 Successor Trustee to the Borrower, Grantor, at the following addresses:
Celestino Antonio Cruz-Montes and Marissa Altamirano 472 NE Adams Ave. Chehalis, WA 98532
Residents/Occupants of Premises 472 NE Adams Ave, Chehalis, WA 98532
by both first class and certified mail on September 23, 2022, proof of which is in the possession of the Trustee; and on September 23, 2022 the Borrower, Grantor, were personally served with the 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 an objection to the sale on any grounds whatsoever are afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to the Revised Code of Washington, Chapter 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee’s Sale. Service of process of any lawsuit or legal action may be made on Eric J. Lanza, Successor Trustee, whose address is: 314 Harrison Ave. Centralia, WA 98531.
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. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.
XI. Notice to Guarantor(s): The Guarantor 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. 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 cost.
The Guarantor has the same rights to reinstate the debt, cure the default, or repay the debt as is given to the Grantor in order to avoid he Trustee’s Sale. The Guarantor will have no right to redeem the Property after the trustee’s sale. Any action 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 (subject to such longer periods as are provided in RCW 61.24). THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. DATED this 24th day of October, 2022 /s/ Eric J. Lanza, WSBA 50042 Successor Trustee WSBA no. 50042 For further information please call Buzzard O’Rourke, P.S at 360.736.1108 Published: The Chronicle February 18, 2023 March 4, 2023
