Re: Thorson, Craig & Jill Document Title: Notice of Trustee's Sale Grantor: Eisenhower Carlson PLLC Grantee: Thorson, Craig and Jill Legal Description: Lot 32, Village Green, Division I, Auditor's No. 9507060091 Reference Nos.: 200510030433; 200603290120; 201006040106; 201309160950 Tax Parcel No.: 700055-0320 NOTICE OF TRUSTEE'S SALE Issued Pursuant to RCW 61.24.040 I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on January 8, 2016, at the hour of 10:00 a.m. outside the second floor entrance to the Pierce County Courthouse located at 900 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: Lot 32 of Village Green, Division I, According to Plate Recorded July 6, 1995 Under Auditor's No. 9507060091, in Orting, Pierce County, Washington the postal address of which is more commonly known as 310 NW Whitley Street, Orting, WA 98360, which is subject to that certain Deed of Trust dated September 22, 2005, and recorded on October 3, 2005, with the Pierce County, Washington Recorder's Office under Recording No. 200510030433 records of Pierce County, Washington ("Deed of Trust"), which was originally executed by Craig A. Thorson and Jill M. Thorson, husband and wife, as Grantors (and Borrowers), originally in favor of Ameriquest Mortgage Company or Beneficiary. The beneficial interest in the Deed of Trust was thereafter assigned by Ameriquest Mortgage Company, the original beneficiary of the Deed of Trust, to CitiFinancial Mortgage Company, Inc. ("CitiFinancial"), pursuant to an Assignment of Deed of Trust (the "First Assignment"), which was recorded with the Pierce County Auditor under Recording No. 200603290120, records of Pierce County, Washington. The beneficial interest in the Deed of Trust was thereafter assigned by CitiMortgage, Inc., successor by reason of merger to CitiFinancial ("CitiMortgage") to CPCA Trust I ("CPCA"), pursuant to an Assignment of Deed of Trust (the "Second Assignment"), which was recorded with the Auditor of Pierce County, Washington under Recording No. 201006040106, records of Pierce County, Washington. The beneficial interest in the Deed of Trust was thereafter assigned by CPCA to Bank of Camden, presently known as Apex Bank (the "Beneficiary"), pursuant to an Assignment of Deed of Trust (the "Third Assignment"), which was recorded with the Auditor of Pierce County, Washington under Recording No. 201309160950, records of Pierce County, Washington. The Deed of Trust as amended by the First Assignment, the Second Assignment and the Third Assignment shall hereinafter be collectively referred to as the "Deed of Trust." 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 Borrowers' or Grantors' default on the obligations 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: 1) Note payments due from 11/1/14 through 8/1/15: $14,363.02 2) Late charges: $758.64 TOTAL PAST DUE PAYMENTS: $15,121.66 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 $153,746.38, together with interest as provided in the Note or other instrument secured from October 1, 2014, 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 January 8, 2016. The defaults referred to in Paragraph III must be cured on or by December 28, 2015 (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 December 28, 2015 (11 days before the sale date) the defaults as set forth in Paragraph III are cured and the Trustee's fees and costs are paid. The sale may be terminated by the Grantors any time after December 28, 2015 (11 days before the sale date) and before the sale by the Borrowers, Grantors, 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 Guarantor at the following addresses: Craig A. Thorson 310 Whitley Street N.W. Orting, WA 98360-9455 Jill M. Thorson 310 Whitley Street N.W. Orting, WA 98360-9455 Resident / Occupant 310 Whitley Street N.W. Orting, WA 98360-9455 by both first class and certified mail, on July 21, 2015, 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 July 22, 2015. 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 NON-RESIDENTIAL 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 Grantors 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. XII. Owner-Occupied Residential Property Notice 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: Toll-free telephone: 1-877-894-HOME (1-877-894-4663) Website: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development: Toll-free telephone: 1-800-569-4287 Website: http://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: Toll-free: 1-800-606-4819 Website: http://nwjustice.org/what-clear DATED this 31st day of August 2015. EISENHOWER CARLSON PLLC Successor Trustee By: /s/ Mark J. Rosenblum Mark J. Rosenblum, Member Address: 1201 Pacific Avenue, Suite 1200 Tacoma, WA 98402 Phone: (253) 572-4500 STATE OF WASHINGTON): ss. COUNTY OF PIERCE) On this 31st of August 2015, I certify that I know or have satisfactory evidence that Mark J. Rosenblum is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated the he was authorized to execute the instrument and acknowledged 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. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. /s/ Jennifer K. Fernando Name: Jennifer K. Fernando Notary Public in and for the State of Washington, residing at: Edgewood My Appointment Expires: 10/21/2018 IDX-663961 December 9, 29