Re: Kelly, Charles Document Title: Notice of Trustee's Sale Grantor: Eisenhower & Carlson, PLLC Sunwest Bank, successor-in-interest to the FDIC as Receiver for Westside Community Bank, Beneficiary Grantee: Charles L. Kelly, Jr. Legal Desc.: Lots 22-24, Block 32, Map of Monticello Park Addition to the City of Tacoma, Volume 2, Page 122 Reference DOT No.: 200606260501 Tax Parcel Nos.: 9008510010; 9008510020; 9008510030 NOTICE OF TRUSTEE'S SALE Issued Pursuant to RCW 61.24.040 I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on the 10th day of May, 2013 at the hour of 10:00 a.m. at the Pierce County Courthouse located at 930 Tacoma Avenue South, Tacoma, 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 Pierce, State of Washington: Condo Name: Kellaren-a-Condominium Declaration Recording No.: 200806090956 Records of: Pierce County, Washington Unit No.: A, B and C Situate in the County of Pierce, State of Washington. the postal address of which is more commonly known as 3415 South 62nd Street, Tacoma, Washington 98409, 3417 South 62nd Street, Tacoma, Washington 98409, and 3419 South 62nd Street, Tacoma, Washington 98409, which is subject to that certain Deed of Trust dated June 19, 2006 and recorded on June 26, 2006 with the Pierce County Recorder's Office under Recording No. 200606260501, from Charles L. Kelly, Jr., as Grantor, to First American Title & Insurance Company, as Trustee, to secure an obligation in favor of Sunwest Bank, successor-in-interest to the FDIC as Receiver for Westside Community Bank, Beneficiary. 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 Borrower's or Grantor's default on the obligation secured by the Deed of Trust. III. The default for which this foreclosure is made is as follows: a. Failure to pay the following past due amounts, which are in arrears: Past due payments in the amount of $3,070.57 per month owing for August 15, 2012 through January 15, 2013:^$18,423.42 Late charges:^$460.56 Reconveyance fee: ^$140.00 TOTAL PAST DUE PAYMENTS, INTEREST, AND MISCELLANEOUS COSTS:^$19,023.98 b. Defaults other than failure to make payments: N/A IV. The sum owing on the obligation secured by the Deed of Trust is: Principal of $431,481.97, together with interest as provided in the Note secured from December 27, 2007, and such other costs, fees and penalties 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 May 10, 2013. The defaults referred to in Paragraph III must be cured by April 29, 2013 (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before April 29, 2013 (11 days before the sale date) the default(s) as set forth in Paragraph III is/are cured and the Trustee's fees and costs are paid. The sale may be terminated by the Grantor any time after April 29, 2013 (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 principal and interest secured by the Deed of Trust, plus costs, interest, late charges, fees and advances, if any, made pursuant to the terms of the obligations 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 Borrowers, Grantors and/or Guarantors at the following addresses: Charles L. Kelly Jr. 5229 53rd Street West Tacoma, WA 98467 Charles L. Kelly Jr. 3415 South 62nd Street Tacoma, WA 98409 Charles L. Kelly Jr. 3417 South 62nd Street Tacoma, WA 98409 Charles L. Kelly Jr. 3419 South 62nd Street Tacoma, WA 98409 Occupant / Resident 3415 South 62nd Street Tacoma, WA 98409 Occupant / Resident 3417 South 62nd Street Tacoma, WA 98409 Occupant / Resident 3419 South 62nd Street Tacoma, WA 98409 by both first class and certified mail, on November 29, 2012, proof of which is in the possession of the Trustee; the written Notice of Default was also posted in a conspicuous place on the real property described in Paragraph I above on December 1, 2012. The Trustee has in Trustee's possession proof of such service/posting. VII. The Trustee, whose name and address is 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 Grantors and all those who hold by, through or under Grantors, 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. 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 AND NON-RESIDENTIAL tenants. After the 20th day following the sale the purchaser has the right to evict occupants AND NONRESIDENTIAL tenants by summary proceedings under chapter 59.12 RCW. For RESIDENTIAL tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. RESIDENTIAL TENANT-OCCUPIED PROPERTY MEANS PROPERTY COMPRISED SOLELY OF A SINGLE-FAMILY RESIDENCE, OR A CONDOMINIUM, COOPERATIVE, OR OTHER DWELLING UNIT IN A MULTIPLEX OR OTHER BUILDING CONTAINING FEWER THAN FIVE RESIDENTIAL UNITS. XI. Notice to Guarantors If this Notice is being mailed or directed to any Guarantor, said Guarantor should be advised that: (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 61.24 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. DATED this 1 day of February, 2013. EISENHOWER CARLSON PLLC Successor Trustee By: Alexander Kleinberg, Member Address: 1201 Pacific Avenue, Suite 1200 Tacoma, WA 98402 (253) 572-4500 STATE OF WASHINGTON) ss. County of Pierce) I certify that I know or have satisfactory evidence that Alexander S. Kleinberg is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledge it as a Member of Eisenhower & Carlson, PLLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this 1st day of February, 2013. Name: /s/Jennifer K. Fernando Notary Public in and for the State of Washington, residing
at: Bonney Lake My Appointment Expires: 10/21/ 14 April 10, 30
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