1966.1202811 Burks, Jeremy M. & Sarah L. Reference Number(s) of Documents assigned or released: 200604170805 Document Title: NOTICE OF TRUSTEE'S SALE Grantor: Bishop, White, Marshall & Weibel, P.S. Grantee: Jeremy M Burks and Sarah L Burks, Husband and Wife Abbreviated Legal Descriptionas Follows: LOT 5, RIVER'S EDGE IN ORTING, PHASE 1-B, REC #200502045005 Assessor's Property Tax Parcel/ Account Number(s): 700186005-0 NOTICE: AS THE RESULT OF AN ORDER ENTERED IN A BANKRUPTCY PROCEEDING, JEREMY MICHAEL BURKS AND SARAH LOUISE BURKS MAY NOT BE PERSONALLY LIABLE FOR THE UNPAIDBALANCE OF THE BELOW REFERENCE LOAN. HOWEVER, THE BENEFICIARY RETAINS A DEED OF TRUST DESCRIBED BELOW WHICH IS SUBJECT TO FORECLOSURE IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON. NOTICE: IF YOU ARE NOT PERSONALLY LIABLE TO PAY THIS OBLIGATION BY REASON OF A BANKRUPTCY PROCEEDING, THEN THIS NOTICE IS NOT AN ATTEMPT TO COLLECT A DEBT BUT IS INTENDED ONLY TO RELAY INFORMATION REGARDING YOUR DEED OF TRUST. NOTICE: IF YOU ARE PERSONALLY LIABLE TO PAY THIS OBLIGATION, WE WISH TO INFORM YOU THAT WE ARE A DEBT COLLECTOR. ANY INFORMATION YOU PROVIDE TO US WILL BE USED FOR PURPOSES OF FORECLOSING THE DEED OF TRUST MENTIONED BELOW. NOTICE OF TRUSTEE'S SALE I NOTICE IS HEREBY GIVEN that the undersigned Bishop, White, Marshall & Weibel, P.S. will on September 14, 2012 at 10:00 am at the 2nd floor entry plaza outside the Pierce County Courthouse, 930 Tacoma Ave South, Tacoma, WA located at Pierce County, State of Washington, sell at public auction to the highest bidder, payable, in the form of cash, or cashier's check or certified checks from federally or State chartered banks, at the time of sale, the following described real property, situated in Pierce County, State ofWashington, to-wit; LOT 5, IN THE PLAT OF RIVER'S EDGE IN ORTING, PHASE 1B, AS PER PLAT RECORDED FEBRUARY 04, 2005 UNDER RECORDING NO. 200502045005, RECORDS OF PIERCE COUNTY AUDITOR; SITUATE IN THE CITY OF ORTING, COUNTY OF PIERCE, STATE OF WASHINGTON. which is subject to that certain Deed of Trust dated April 14, 2006, recorded April 17, 2006, under Auditor’s File No. 200604170805 records of Pierce County, Washington, from Jeremy M. Burks and Sarah L. Burks, Husband and Wife, as Grantor, to Lawyers Title, as Trustee, to secure an obligation in favor of Mortgage Electronic Registration Systems, Inc. is a separate corporation that is acting solely as a nominee for Lehman Brothers Bank, FSB, A Federal Savings Bank and its successors and assigns as beneficiary. Said Deed of Trust was assigned on December 29, 2011 to Aurora Bank FSB by an instrument recorded under Auditor's File No. 201204100483, on April 10, 2012. The sale will be made without any warranty concerning the title to, or the condition of the property. 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 default(s) for which this foreclosure is made is/are as follows: i) Failure to pay the following amounts, now in arrears: Delinquent Monthly Payments Due from 11/1/2010 through 6/1/2012: 8 payment(s) at $1352.16 12 payment(s) at $1362.99 Total: ^$27,173.16 Accrued Late Charges: ^$367.85 Recoverable Balance ^3,021.79 TOTAL DEFAULT ^$30,562.80 IV The sum owing on the obligation secured by the Deed of Trust is: $247,721.51, together with interest from October 1, 2010 as provided in the note or other instrument, 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 September 14, 2012. The payments, late charges, or other defaults must be cured by September 3, 2012 (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 September 3, 2012 (11 days before the sale date) the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, or other defaults, is/are cured and the Trustee’s fees and costs are paid. Payment must be in cash or with cashier’s or certified checks from a State or federally chartered bank. The sale may be terminated any time after September 3, 2012 (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 beneficiary or Trustee to the Borrower and Grantor at the following address(es): Jeremy Michael Burks 214 Kendall St NE Orting, WA 98360 Sarah Louise Burks 214 Kendall St NE Orting, WA 98360 Jeremy Michael Burks 17606 S Tapps Dr E Lake Tapps, WA 98391 Sarah Louise Burks 17606 S Tapps Dr E Lake Tapps, WA 98391 Jeremy Michael Burks c/o Christopher A Benson, Atty 1814 S 324th Pl Ste B Federal Way, WA 98003 Sarah Louise Burks c/o Christopher A Benson, Atty 1814 S 324th Pl Ste B Federal Way, WA 98003 Mark Waldon, Trustee 6711 Regents Blvd W Tacoma, WA 98466 by both first class and certified mail on May 4, 2012, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on May 4, 2012, 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 1 above, and the Trustee has possession of proof of such service or posting. VII The Trustee whose name and address are set forth 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 this 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. 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 who are not tenants. After the 20th day following the sale the purchaser has the right to evict occupants who are not tenants by summary proceedings under Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. If the Trustee's Sale is set aside for any reason, the submitted bid will be forthwith returned without interest and the bidder will have no right to purchase the property. Recovery of the bid amount without interest constitutes the limit of the bidder's recourse against the Trustee and/or the Beneficiary. XI NOTICE TO ALL PERSONS AND PARTIES WHO ARE GUARANTORS OF THE OBLIGATIONS SECURED BY THIS DEED OF TRUST: (1)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; (2) 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 the trustee’s sale; (3) The Guarantor will have no right to redeem the property after the Trustee’s sale; (4) Subject to such longer periods as are provided in the Washington Deed of Trust Act, Chapter 61.2
4 RCW, any action brought 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; and (5) 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 costs. EFFECTIVE DATE: June 14, 2012 BISHOP, WHITE, MARSHALL, & WEIBEL, P.S., Successor Trustee By:/s/William L. Bishop, Jr. 720 Olive Way, Suite 1201 Seattle, WA 98101 (206)622-7527 State of Washington)ss. County of King) On this 14 day of June, 2012, before me, the undersigned a Notary Public in and for the State of Washington, duly commissioned and sworn, personally and appeared William L. Bishop, Jr., to me known to be an Officer of Bishop, White, Marshall & Weibel, P.S., the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath states that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Name: MIA E ROGERS NOTARY PUBLIC in and for the State of Washington at King County My Appt. Exp: 2/29/16 August 17, September 7