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820- (2013-550 Oct. 23 & Nov. 6) NOTICE OF TRUSTEE’S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24, ET. SEQ.

(2013-550 Oct. 23 & Nov. 6)

NOTICE OF TRUSTEE’S SALE

PURSUANT TO THE REVISED CODE OF WASHINGTON

CHAPTER 61.24, ET. SEQ.

Grantor: CATHERINE MILLER, an unmarried person, and LILY OPHELIA NIGHTINGALE, an unmarried person

Grantee: THOMAS H. PAINE and LORELII E. PAINE, Husband & wife

Trustee: SMITH & DERTING, PLLC

Legal Description: (Abbreviated): W1/2 NE SE

Additional legal(s) on Page:

Assessor’s Tax Parcel ID# 4026292006

Reference # of related documents: 3099457

TO: CATHERINE MILLER

LILY OPHELIA NIGHTINGALE

P.O. Box 826

Oroville, WA 98844

I.

NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 22nd day of November, 2013 at the hour of 10:00 a.m., at the front door of Okanogan County Courthouse, 149 North 3rd Avenue, Okanogan, Okanogan County, 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 Okanogan, State of Washington, to-wit:

The West half of the Northeast quarter of the Southeast quarter, Section 29, Township 40 North, Range 26 E.W.M., Okanogan County, Washington.

which property is subject to a Deed of Trust, recorded under Auditor’s File No. 3099457 records of Okanogan County, Washington, from CATHERINE MILLER, an unmarried person, and LILY OPHELIA NIGHTINGALE, an unmarried person, as Grantor, to Baines Title Company as Trustee, to secure an obligation in favor of THOMAS H. PAINE and LORELII E. PAINE, husband and wife Beneficiary. Appointment of Successor Trustee was recorded July 9, 2013 under Okanogan County Auditor’s File No. 3183713 appointing Smith & Derting, PLLC as Trustee.

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 Grantor’s default on the obligation secured by the Deed of Trust.

III.

The defaults for which this foreclosure is made are as follows:

1) Failure to pay when due the following amounts which now are in arrears:

$11,079.74 Principal and Interest payments of $791.41 for July, August, September, October, November, December 2013 and January, February, March, April, May, June, July, August 2013.

$553.98 Late payment fee of $39.57 per month

$1,329.57 Default interest (18%) for the above 14 months

$12,963.29 TOTAL DUE

2) Failure to pay when due Okanogan County Property Taxes (plus interest and penalties as follows:

2011 $924.40

2012 $801.46

2013 $801.67 (first half)

IV

The sum owing on the obligation secured by the Deed of Trust, recorded under Okanogan County Auditor’s File No. 3099457 is the principal amount of $119,886.64, together with interest as provided in the note secured from June 5, 2012; 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 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 22nd day of November, 2013. The defaults referred to in Paragraph III must be cured by the 11th day of November, 2013, to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before the 11th day of November, 2013, 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 11th day of November, 2013 and before the sale by the Borrower, Grantor and Guarantor, or the holder of any recorded junior lien or encumbrance paying the entire principal and interest secured by the Deeds of Trust, plus costs, fees and advances, if any, made pursuant to the terms of the obligations and/or Dees 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:

Catherine Miller

Lily Ophelia Nightingale

P.O. Box 826,

Oroville, WA 98844

by both first class and certified mail on the 10th day of July, 2013, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on July 14, 2013 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 objections 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 sal.

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 occupant and tenants. After the 20th day following the sale the purchaser has the right to evict occupants and tenants by summary proceeding under the unlawful detainer act, Chapter 59.12 RCW.

DATED: August 15, 2013

Bess Derting

Smith & Derting, PLLC

By: Mary E. (Bess) Derting, Trustee

P.O. Box 845

Okanogan, WA 98840

Published by the Omak-Okanogan County Chronicle.

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