NOTICE OF TRUSTEE'S SALE
Pursuant to the Revised Code of Washington
Chapter 61.24
TO: Highland Estates, LLC, 623 Castle Heights Drive, Wenatchee, WA 98801. I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 4th day of December, 2009, at the hour of 10:00 a.m., at the main entrance of the Douglas County Courthouse, in the City of Waterville, 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 Douglas, State of Washington, to-wit: See attached Exhibit "A" which is subject to that certain Deed of Trust dated December 25, 2005 and recorded December 22, 2005, under Auditor's File No. 3093103, records of Douglas County, Washington, from Highland Estates, LLC, as Grantor, to Pioneer Title Company as Trustee, to secure an obligation in favor of Allemandi Investments, LLC, as assignee under that Loan Sale Agreement dated November 19, by and between Peoples Bank, as seller, and Allemandi Investments, LLC, as purchaser. 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 defaults for which this foreclosure is made are as follows: Failure to pay the Promissory Note, which became due and payable in full on August 20, 2008. Principal, interest and fees - $774,851.08. ADDITIONAL CHARGES, COSTS AND FEES: Advertising fees for publication - $900.00; Update to title report - $235.00; Posting of Notice of Trustee's Sale - $50.00; Postage - $25.00; Attorney's fee - $600.00; TOTAL AMOUNT DUE: $776,661.08. IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $689,000.00, together with interest as provided in the note or other instrument secured from the 20th day of August, 2008 and such other costs and fees as are due under the note or other instrument secured, and as are 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 4th day of December, 2009. The defaults referred to in paragraph III must be cured by the 23rd day of November, 2009 (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 23rd day of November, 2009 (11 days before the sale date), the defaults 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 the 23rd day of November, 2009 (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 Borrower and Grantor at the following addresses: 623 Castle Heights Drive, Wenatchee, WA 98801 by both first class and certified mail on the 20th day of July, 2009, proof of which is in possession of the Trustee; and the Borrower and Grantor were personally served on the 27th day of July, 2009, 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.
Dated this 2nd day of September, 2009.
/s/ Thomas F. O'Connell
Thomas F. O'Connell, Successor Trustee
Davis, Arneil Law Firm, LLP
617 Washington Street
P.O. Box 2136
Wenatchee, WA 98807
(509) 662-3551
EXHIBIT A
Lots 1, 3, 4, 5, 6, 7, 8, 9, 13, 15 and 18, Highlands Estates, Subdivision #P-05-015, Douglas County, Washington, According to the Plat thereof recorded in Volume I of plats, Pages 119 through 123.
APN: 62500000100
APN: 62500000300
APN: 62500000400
APN: 62500000500
APN: 62500000600
APN: 62500000700
APN: 62500000800
APN: 62500000900
APN: 62500001300
APN: 62500001500
APN: 62500001800
