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KL Gates Notice of Trustee Sale 101009K&L Gates, LLP Attn: Christapher Wyant 925 Fourth Ave., Suite 2900 Seattle, Washington 98104 2037501.00054 Grantor(s): Christopher M. Wyant; WF Capital, Inc. Grantee: FH 1, LLC Abbreviated Legal: (1) SECTION 2S, TOWNSHIP 17 N., RANGE 1 E., SW QUARTER, NE QUARTER (2) PARCEL A, BLA-8144, REC. 9SOS220008 Assessor's Tax Parcel ID #: 21725130200; 21725130300 Auditor's File Na. (Deed of Trust): 3874132 AMENDED NOTICE OF TRUSTEE'S SALE Pursuant to the Revised Code of Washington, Chapter 61.24 RCW: I. NOTICE IS HEREBY GIVEN that the undersigned, Christopher M. Wyant, Esq., Trustee will an January 8, 2010, at 10:00 a.m. at the Thurston County Caurthause, 2000 Lakeridge Drive SW, Olympia, WA, sell at public auction to the highest and best bidder, payable at the tirrie of sale, the following-described real property, situated in the County of Thurston, State of Washington, to wit: LEGAL DESCRIPTION APN: 2 1 725 1 3 0200: THE WEST 402.4 BEET OF THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2S, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M. LYING SOUTHEASTERLY OF SECONDARY HIGHWAY NO. S-H; EXCEPTING THEREFROM THE SOUTH 16.5 FEET. 1N THURSTON COUNTY WASHINGTON APN: 21725130300: PARCEL A OF BOUNDARY LINE AD.IUSTMENT NO. BLA-8144, AS RECORDED UNDER AUDITOR'S FILE NO. 950522p008, iN THURSTON COUNTY, WASI-IINGTON. The property is con~nonly known as proposed "Palisades West," Yelm, WA 98516. You are hereby notified that the Beneficiary, WF Capital, Inc., has declared you in default on the obligation secured by a Deed of Trust dated October 19, 2006 ("Deed of Trust"), and recorded on October 19, 2006 under Auditor's File No. 3874132, records of Thurston County, Washington, which Deed of Trust encumbers the real property described above. 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 an the obligation secured by the Deed of Trust. III. The default(s) for which this foreclosure is made, including the failure to pay when due the following amounts which are now in arrears: Currently Due aYZ October 1, 2049 Arrearages Principal .................................................................................... $ 8,651,963.88 Interest through October I, 2009 .............................................. $ 2,439,066.63 Late charges .............................................................................. $ 882,634.23 Exit fee ...................................................................................... $ 846,161.79 Appraisal fee ............................................................................. $ 4,500.00 Date Down Endorsement fee .................................................... $ 35.00 Reconveyance Pee .................................................................... $ 600.00 Subtotal :.................................................................................... $ 12,824,961.53 Costs and Fees In addition to the amounts in arrears specified above, you are ar may be obligated to pay the following estimated charges, costs and fees to reinstate the Deed of Trust. -2- Trustee's or Attorneys' Fees ..................................................... $ 5,000.00 Title Report (estimated) ............................................................ $ 750.00 Recording Fees ......................................................................... $ 200,00 Postal Costs .............................................................................. $ 100.00 Iastirrzated Phatacapies .............................................................. $ 2a.o0 Long Distance Telephone Charges ........................................... $ 20.00 ServicelPosting of Notice of Default............ .. $ 150.00 ESTIMATED TOTAL COSTS AND FEES:. ...................... $ 6,240.00 ESTIMATED TOTAL DUE:.. .............................................. $ 12,831,201.53 The estimated amounts that will be due to payoff the obligation secured by the Deed of Trust on December 28, 2009 (I .I days before the sale date): Additianal Arrearages 89 days of interest @ $8,651.96/day ..............................................$770,024.44 Subtotal :............... $13,601,225.97 Additional Costs and Fees Additional Trustees' or Atto~~neys' Fees ............................ $5,000 Publication Costs .............................................................. $600 SubtotaI :............... $5,600 Total Estimated Payoff Amount as of December 28, 2009 (11 days before the sale date) : :................... $13,b06,825.97 IV. Tl1e sum owing on the obligation secured by the Deed of Trust is: the Principal sum of $8,651,963.88 together with interest as provided in the underlying Note and such other costs and fees as are due under the Note and Deed of Trust and as are provided by statute. V. The above-described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances an January 8, 2010. The defaults} referred to in paragraph III must be cured by Decerber 28, 2009 (11 days before the -3- sale date), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before December 2S, 2009 {I 1 days before the sale date} the default{s} as set forth in paragraph III are cured and the Trustee's fees and costs are paid. The sale may be terzxzinated any time after December 2$, 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. This is an attempt to collect a debt and any information obtained will be used for that purpose. VI. A written Notice of Default was transmitted by the Trustee to the Grantor ar the Grantor's successor in interest at the following address: FH 1, LLC Attn: Steven L. Chamberlain 4200 6th Avenue S.E., Suite 301 Lacey, WA 98503 Steven L. Chamberlain 7417 Johnson Rd SE Olympia, WA 9$513-9023 by both first class and certified mail on July 9, 2009 proof of which is in the possession of the Trustee; and an July 9, 2009, the Grantor or the Grantor's successor in interest was personally served with said written notice of default or the written notice of default was pasted in a conspicuous place on the real pxoperty 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 an 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 6X.24.134. Failure to bring such a lawsuit may result in a waiver -4T of any proper grounds for invalidating the Trustee's Sale. DATED this 1st day of October, 2009. Christopher M. Wyant, Esq. K&L Gates, LLP 925 1~ourth Avenue, Suite 2900 Seattle, WA 98104 vU sy: Christopher . Wyant Attorney at Law (206) 623-7580 l certify that l know or have satisfacto3y evidence that Christopher M. Wyant is the person who appeared before me, and said person acknowledged that she signed this instrumen#, a~3d acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: October 1, 2009. t _s~,~ -. 5 ~l t i ~f~r Y~~ f~~ }fir P~ Fk~ ... £~5.w. ,,:, ~~, Q ~' r c ~~~~~ _ e ~ 5 .b``~ iniSl'a4'v~«~~'~"``" r N blic 1~'J rint Name ~ I {~[ i A - ~ j iNt~t o ~' My appointment expires ~.. 1 0 --(o -p `~ A copy of this Notice of Trustee Sale has been transmitted by both first class and certified mail to the following parties: FH1, LLC ATT'N: STEVEN L. CHAMBERLAIN 4200 6TH AVENUE S.E., SUITE 301 LACEY, WA 98503 STEVEN L. CHAMBERLAIN 7417 JOHNSON RD SE OLYMPIA, WA 985I3-9023 FHI, LLC AND STEVEN L. CHAMBERLAIN c/o RICHARD DITLEVSON DITLEVSON RODGI:RS DIXON, P.S. 324 WEST BAY DR NW, STE. 201 OLYMPIA, WA 98502 -5- PRAIRIE BAPTIST CHURCH 307 SOLBERG ~6 PO I30X 2705 YELM, WA 98597 PRAIRIE BAPTIST CHURCH CIO JONATHAN A. SPROUFFSKE 201 5TH AVE. SW, SUITE 301 OLYMPIA, WA 98501 CENTRUM FINANCIAL SERVICES, INC. 12505 BEL-RED ROAD, SUITE 200 BELLEVUE , WA CITY OP YELM NISHA R. BOX PO BOX 479 YELM WA 98597 KPFF, INC. 1601 5TH AVE,, STIa 1600 SEATTLE WA 981 OI KPFF, ING. c/o CHASE ALVORD TOUSLEY BRAIN STEPHENS, PLLC 1700 SEVENTH AVENUE, SUITE 2200 SEATTLE, WA 98101-4416 _(_