Loading...
HomeMy WebLinkAboutTrustee's Deed - OT General - 7/23/2008 1924649 MASON CO WA 07/23/2008 01 40 PM DEED BROUGHTON & SINGLETON #21438 Rec Fee: 544.00 Pages: 3 After Recording Return To: I IIIIII lillli III IIII 11I1III IIIIII IIII 11111111111111111111111111111111111111111111111 Dalynne Singleton, Successor Trustee AFFjp VAT Broughton & Singleton,Inc.,P.S. 3 9057 Washington Avenue N.W. WQ"' `• WA R.E. EXCISE TAX Silverdale,WA 98383 (360) 692-4888 JUL 2 3 2008 Document Title: TRUSTEE'S DEED EXE M PT LISA FRAZIER Parcel Number of Property: 32127 54 00083 Treas., Mason Couni�f Related Documents: Deed of Trust,Auditor's 41884033 Person filing: Westsound Bank Lender: Westsound Bank Trustee: Dalynne Singleton,Attorney at Law,Broughton& Singleton, Inc.P.S. Person against who Notice of Foreclosure is filed: Donald W. Tryon LEGAL DESCRIPTION(Abbreviated Form): LOT 83, LAKE LIMERICK,DIVISION NO. 5, VOLUME 7 OF PLATS,PAGES 16 TO 22, BOTH INCLUSIVE, RECORDS OF MASON COUNTY, WASHINGTON ****************************************************************************** TRUSTEE'S DEED The Grantor, Dalynne Singleton, as successor Trustee under that Deed of Trust, as hereinafter particularly described, in consideration of the premises and payment recited below, hereby grants and conveys, without warranty, to: Westsound Bank, Grantees, that real property situated in Mason County,Washington described as follows: LOT 83, LAKE LIMERICK,DIVISION NO. 5, VOLUME 7 OF PLATS, PAGES 16 TO 22, BOTH INCLUSIVE, RECORDS OF MASON COUNTY, WASHINGTON. Situated in Mason County, Washington Mason County Tax Parcel No. 3212755400083 RECITALS: 1. This conveyance is made pursuant to the powers, including the power of sale, conferred upon said Trustee by that certain Deed of Trust between DONALD W. TRYON, as Grantor, to MASON COUNTY TITLE COMPANY, Trustee (Resignation and Appointment of Successor Trustee dated January 8,2008), WESTSOUND BANK,as Beneficiary, dated May 19 , 2006, and recorded under Auditor's Number 1868429. 2. Said Deed of Trust was executed to secure, together with other undertaking, the payment of a promissory note in the sum of$185,000.00, with interest thereon, according to the terms thereof, in favor of DONALD W. TRYON, and to secure any other sums of money which might become due and payable under the terms of said Deed of Trust. . 3. The described Deed of Trust provides that the real property conveyed thereby is not used principally for agricultural or farming purposes. 4. Default having occurred in the obligations secured and/or covenants of the Grantors, as set forth in Notice of Trustee's Sale described below, which by the terms of the Deed of Trust make operative the power to sell, the thirty-day advance Notice of Default was transmitted to the Grantors, or their successor in interest,and a copy of said Notice was posted or served in accordance with law. 5. WESTSOUND BANK, being then the holders of the indebtedness secured by said Deed of Trust delivered to said Trustee a written request directing said Trustee to sell the described premises. 6. The defaults specified in the Notice of Default not having been cured, the Trustee, in compliance with the terms of said Deed of Trust, executed on May 19, 2006, recorded in the office of the Auditor, Mason County, Washington, a Notice of Trustee's Sale of said property under# 1916173. 7. The Trustee, in his aforesaid Notice of Trustee's Sale, fixed the place of sale as Mason County Courthouse,419 N 4"' St., Shelton, Washington,a public place, on June 27, 2008, at 10:00 a.m.,and in accordance with law, caused copies of the statutory Notice of Trustee's Sale to be transmitted by mail to all persons entitled thereto and either posted or served prior to the ninety days before the sale; fiuher, the Trustee caused a copy of said Notice of Trustee's Sale to be published as required by law in a legal newspaper in each county in which the property or any part thereof is situated; and further, included with this Notice which was transmitted to or served upon the Grantors or their successor in interest, a Notice of Foreclosure, in substantially the statutory form. 8. During foreclosure, no action was pending on an obligation secured by said Deed of Trust. 9. All legal requirements and all provisions of said Deed of Trust have been complied with, as to acts to be performed and notices to be given, as provided in Chapter 61.24 RCW. 10. The default specified in the Notice of Trustee's Sale not having been cured eleven days prior to the date of Trustee' Sale and said obligation secured by said Deed of Trust remaining unpaid, on June 27, 2008, the date of sale, which was not less than 190 days from the date of default in the obligation secured, the Trustee then and there sold at public auction to said Grantees, the highest bidder therefore, the property hereinabove described for the sum of $150,000.00, by the satisfaction in full of the obligation then secured by said Deed of Trust, together with all fees, costs and expenses as provided by statute. DATED this I� day of July,2008. Dalynne Si gleton Successor Trustee STATE OF WASHINGTON ) . ss. COUNTY OF KITSAP } On this day personally appeared before me Dalynne Singleton, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN UNDER MY HAND and official seal this day of July, 2008. otary public in and for the State of 0,_ • ''�'; �.; ;:;; Washington,residing at: 0C-ntna,cA a PcCtf,; "•. :`n My Commission Expires: 4-, cc-aG `� ��•-.ter sn:1s1 ; _o�, •.........• � sssti 0 4 3 2-1 Z-1 ^ v r W 3 Photocopy 25.00 Total Arrears and Costs Due as of 02/21/08$200,225.06 IV.The sum owing on the obligation secured by the Deed of Trust is: Principal $185,000.00, together with interest and fees as provided in the note�y'� NOTICE OF TRUSTEE'S SALE I. NO- or other instrument secured from the►aL 30th Mnn TICE IS HEREBY GIVEN that the under- day of October, 2006, and such other costs (J�,{,r� . signed Trustee will on the 27th day of June, and fees as are due under the note or other 2008,at the hour of 10:00 o'clock a.m. at instrument secured, and as are provided by Mason County Courthouse, at 419 N. 4th statute.V.The above-described real property Street, in the City of Shelton,State of Wash- will be sold to satisfy the expense of sale and ington, sell at public auction to the highest the obligation secured by the Deed of Trust and best bidder, payable at the time of sale, as provided by statute.The sale will be made the following described real property,situated without warranty, express or implied, regard- in the County of Mason,State of Washington, ing title, possession, or encumbrances on to-wit: LOT 83, LAKE LIMERICK, DIVISION the 27th day of June, 2008. The default(s) NO. 5, VOLUME 7 OF PLATS, PAGES 16 referred to in paragraph III must be cured by TO 22, BOTH INCLUSIVE, RECORDS OF the 16th day of June, 2008 (11 days before MASON COUNTY, WASHINGTON PAR- the sale date),to cause a discontinuance of CEL NO. 321275400083. which are subject the sale.The sale will be discontinued and to those certain Deed of Trust dated October terminated if at any time on or before the 16th 30, 2006, under Auditor's File No. 1884033 day of June, 2008, (11 days before the sale records of Mason County,Washington, from date),the default(s)as set forth in paragraph DONALD W.TRYON,as Grantor,to MASON III is/are cured and the Trustee's fees and COUNTY TITLE COMPANY as Trustee, costs are paid.The sale may be terminated to secure an obligation in favor of WEST- anytime after the 16th day of June,2008(11 SOUND BANK, as Beneficiary. II. No action days before the sale date), and before the commenced by the Beneficiary of the Deeds sale by the Borrower, Grantor, any Guaran- of Trust are now pending to seek satisfaction tor, or the holder of any recorded junior lien of the obligation in any Court by reason of or encumbrance paying the entire principal the Borrower's or Grantor's default on the and interest secured by the Deed of Trust, obligation secured by the Deed of Trust. III. plus costs,fees, and advances, if any, made The default(s) for which this foreclosure is pursuant to the terms of the obligation and/or made is/are as follows: Principal amount of Deed of Trust, and curing all other defaults. loan was due to be paid in full:$185,000.00 VI.A written notice of default was transmitted Past due interest to 2/21/08 ($45.6164/day) by the Beneficiary or Trustee to the,Borrow- $10,719.85 Late Charges ($38.20/mo X 8 er and Grantor at the following addresses: mos) $305.60 Attorneys' Fees (estimate): Donald W.`Tryon 1223 Ridge St.Lacey,WA 3,000.00 Trustee's Fees (estimate): 500.00 98503 by both first class and certified mail Costs:Title Report 624.00 Recording (esti- on the 13th day of December,2007,proof of mate)14.00 Certified Mail 5.55 Posting 31.00 which is in the possession of the Trustee;and the Borrower and Grantor were personally served on the 13th day of December, 2007, the said written notice of default or the written notice of default was posted in a conspicu- ous place on the real property described in paragraph I above, and the Trustee has pos- session 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. Dalynne Singleton,Successor Trustee At- torney at Law 9057 Washington Ave. NW Silverdale, WA 98383 360-692-4888 Vill. 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 hav- ing 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 7 day of March,2008./s/Dalynne Single- ton DALYNNE SINGLETON Trustee STATE OF WASHINGTON ) SS. COUNTY OF KIT- SAP On this day DALYNNE SINGLETON, Trustee, personally appeared before me and is known to be the individual described in and who executed the within and foregoing in- struction and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. SUBSCRIBED AND SWORN to before me this 7th day of March, 2008. /s/ Maureen E. Ahern Print Name: MAUREEN E. AHERN NOTARY PUBLIC in and for the State of of Washington, residing at My com- mission expires:4/19/09. 1241 5/29 It