No. 20-2-06495-1

SUMMONS BY PUBLICATION

SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR PIERCE COUNTY

BANK OF AMERICA, N.A., a national bank, Plaintiff,

vs. FIRSTPLUS BANK; and FIRSTPLUS FINANCIAL, INC., a forfeited Texas corporation, Defendants.

THE STATE OF WASHINGTON TO DE FENDANT FIRSTPLUS BANK:

You are hereby summoned to appear within sixty (60) days after the date of the first publication of this Summons, to wit, within sixty (60) days after the 6th day of October, 2020, and defend the above-entitled action in the above-entitled Court, and answer the Complaint of the Plaintiff BANK OF AMERICA, N.A., and serve a copy of your answer upon the undersigned attorneys for Plaintiff BANK OF AMERICA, N.A., at the office below stated; and in case of your failure so to do, judgment will be rendered against you according to the demand of the Complaint, which has been filed with the Clerk of said Court. BANK OF AMERICA, N.A. is the holder of an obligation secured by a Deed of Trust (“DOT”) naming Rick A. Schoengarth and Janet L. Schoengarth collectively as grantor and Citizens Thrift and Loan Association (“Citizens”) as beneficiary, that encumbers certain real property located in Pierce County, Washington, commonly known as 19515 109th Street East, Sumner, WA 98390, tax parcel no. 700003-011-0 (the “Real Property”). Citizens changed its name to FirstPlus Bank. On or about May 14, 1997, Citizens attempted to assign the beneficial interest in the DOT to FirstPlus Financial, Inc. (“FirstPlus”) via an incomplete Assignment of Deed of Trust. On or about August 9, 2003, FirstPlus executed a Substitution of Trustee and Full Reconveyance reconveying the beneficial interests under the DOT. At the time of the reconveyance, Countrywide Home Loans, Inc. was servicing the loan on behalf of FirstPlus. In or about 2008, BANA acquired Countrywide Home Loans, Inc. Because the Assignment of the DOT failed to properly identify the DOT, the assignment and the subsequent reconveyance thereof was not effected. The obligation secured by the Deed of Trust has been paid in full. The Complaint seeks no monetary judgment but requests the Court to enter judgment declaring that the DOT no longer encumbers the Real Property and order other relief as deemed proper by the Court. Plaintiff’s Attorneys:

Witherspoon Kelley

Attn: Shelley N. Ripley

422 W. Riverside, Suite 1100

Spokane, Spokane County, Washington 99201

(509) 624-5265 / (509) 458-2728 facsimile snr@witherspoonkelley.com DATED: October 5, 2020.

Witherspoon Kelley By: /s/ Shelley N. Ripley

Shelley N. Ripley, WSBA No. 28901

Attorneys for Plaintiff

IDX-910505

October 6, 13, 20, 27, November 3, 10, 2020