Re: Marks/Martinez Abbr. Legal Description: Lot 2, Blk1, Sylvan Park 10th Add., Book 20 of Plats, Page 17 AMENDED NOTICE OF TRUSTEE'S SALE I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, Bruce J. Blohowiak will, on August 2nd 2013 at the hour of 10:00 a.m., 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 and best bidder, payable at the time of sale, the following described real property, situated in the County of Pierce, State of Washington, to-wit: Lot 2 in Block 1 of Sylvan Park Tenth Addition, according to Plat recorded in Book 20 of Plats at Page 17, records of Pierce County Auditor Situate in the County of Pierce, State of Washington The postal address of which it is more commonly known as: 3011 91st Street South, Tacoma WA 98499. The above described real property is subject to a Deed of Trust dated October 13th 1999 by and between Gerald Marks, an unmarried individual and Rita Martinez, an unmarried individual, as Grantors, and Harvey M. Balcombe, an unmarried individual, the Beneficiary, which Deed of Trust was recorded under Auditor's File No. 9911240829 records of Pierce County, Washington. 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(s) for which this foreclosure is made is/are as follows: Failure to pay when due the following amounts which are now in arrears: 1. The failure to pay monthly payments in the amount of $751.77 for the months of September 2011 through March 2013 ^$ 14,440.63 2. The failure to pay previous Foreclosure costs and fees; ^$ 3,791.19 3. The failure to pay Lender Forced Placed Insurance: ^$ 4,126.12 4. The failure to pay Lender Paid Real Estate Taxes: ^$ 4,129.73 5. Current foreclosure costs and fees: a. Cost of Title Report for foreclosure^ $ 588.60 b. Service/Posting Notice of Default^$ 139.00 c. Copying (est)^$ 10.00 d. Postage (est)^$ 12.00 e. Attorney's Fee^$ 800.00 TOTAL CHARGES, COSTS AND FEES^$ 27,880.27 IV. The sum owing on the obligation(s) secured by the Deed of Trust are as follows: Principal $ 98,701.10 together with interest as provided in the note or other instrument secured from August 1st 2011 and/or as advanced 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 August 2nd 2013. The default(s) referred to in paragraph III, must be cured by July 22nd 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 on or before July 22nd 2013, 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 any time after July 22nd 2013 and before the sale, by the Borrower, Grantor(s), 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 addresses: Gerald Marks 3011 91st Street South Tacoma WA 98499 Rita I. Martinez 3011 91st Street South Tacoma WA 98499 by both first-class and certified mail on the 22nd day of February 2013 proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on the 24th day of February 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 objection 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. "THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 DAYS from the recording date on this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help. SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission: Telephone: (877) 894-4663 Website:www.dfi.wa.gov/consumers/ homeownership/ post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development: Telephone: (800) 569-4287 Website:www.hud.gov/offices/hsg/sfh/ hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone: (800) 606-4819 Website: http://nwjustice.org/whatclear 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 and the Helping Families Save Their Homes Act of 2009. XI. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. XII. CONDITIONS OF SALE Any Trustee's Sale is subject to a bankruptcy filing, a payoff, a reinstatement (if otherwise allowed) or any conditions of which the Trustee is not aware that would cause the cancellation of this sale as to the real property described herein or any portion of said real property. Further, if any of these conditions exist, this sale be null and void, the successful bidder's funds shall be returned, and the Trustee and the Beneficiary shall not be liable to the successful bidder for any damages, costs and/o attorney fees. The sale of the property will be made without covenant or warranty regarding title, possession(s), encumbrances or condition DATED: March 26th 2013. By Bruce J. Blohowiak, Successor Trustee 201 W. North River Drive, Ste 500 Spokane, WA 99201 509-777-1388, Ext.2 July 3, 25