7314.02054 Grantors: Northwest Trustee Services, Inc. GMAC Mortgage, LLC Grantee: Travis M. Avery and Joellia F. Avery, Husband and Wife, as Joint Tenants with Right of Survivorship Ref to DOT Auditor File No.: 201012130359 Tax Parcel ID No.: 4821-000-034-0108 Abbreviated Legal: Lots 34 S 40 Ft Lot35 Firmont Beach Vol 14 Pgs 28 Notice of Trustee's Sale Pursuant to the Revised Code of Washington 61.24, et seq. I. On September 28, 2012, at 10:00 a.m. under the covered area at the front entrance to the Administration Building, 619 Division Street Port Orchard, WA 98366 in the City of Port Orchard, State of Washington, the undersigned Trustee (subject to any conditions imposed by the Trustee) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property "Property", situated in the County(ies) of Kitsap, State of Washington: Lot 34 and the South 40 feet of Lot 35 of Firmont Beach Tracts recorded under Volume 14, Page 28 records of Kitsap County Auditor, Kitsap County, Washington. Commonly known as: 4553 Southeast Firmont Drive Port Orchard, WA 98367-9071 which is subject to that certain Deed of Trust dated 11/17/10, recorded on 12/13/10, under Auditor's File No. 201012130359, records of Kitsap County, Washington, from Travis M. Avery and Joellia F. Avery, husband and wife, as joint tenants with right of survivorship, as Grantor, to First American Title, as Trustee, to secure an obligation "Obligation" in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Mortgage Investors Corporation, as Beneficiary, the beneficial interest in which was assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Mortgage Investors Corporation, its successors and assigns to GMAC Mortgage, LLC, under an Assignment/Successive Assignments recorded under Auditor's File No. 201205240210. *The Tax Parcel ID number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property's full legal description provided herein. 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 or Borrower's default on the Obligation secured by the Deed of Trust. III. The Beneficiary alleges default of the Deed of Trust for failure to pay the following amounts now in arrears and/or other defaults: Amount due to reinstate by 6/17/2012 Monthly Payments $12,255.36 Late Charges $390.90 Lender's Fees & Costs ($448.43) Total Arrearage $12,197.83 Trustee's Expenses (Itemization) Trustee's Fee $675.00 Title Report $946.08 Statutory Mailings $40.00 Recording Costs $28.00 Postings $70.00 Total Costs $1,759.08 Total Amount Due: $13,956.91 IV. The sum owing on the Obligation is: Principal Balance of $228,592.54, together with interest as provided in the note or other instrument evidencing the Obligation from 08/01/11, and such other costs and fees as are due under the Obligation, and as are provided by statute. V. The Property will be sold to satisfy the expense of sale and the Obligation as provided by statute. The sale will be made without representation or warranty, express or implied regarding title, possession, encumbrances or condition of the Property on September 28, 2012. The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances costs and fees thereafter due, must be cured by 09/17/12 (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 the close of the Trustee's business on 09/17/12 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, is/are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after 09/17/12 (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 balance of 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): NAME AND ADDRESS Travis M. Avery aka Travis Avery 4553 Southeast Firmont Drive Port Orchard, WA 98367-9071 Travis M. Avery aka Travis Avery 4587 Southeast Mayvolt Road Port Orchard, WA 98367-9071 Travis M. Avery aka Travis Avery 1834 Bay Street Port Orchard, WA 98366-5112 Travis M. Avery aka Travis Avery 600 Southeast Oak Road Port Orchard, WA 98367-8237 Joellia F. Avery aka Joellia Avery 4553 Southeast Firmont Drive Port Orchard, WA 98366-8603 Joellia F. Avery aka Joellia Avery 4587 Southeast Mayvolt Road Port Orchard, WA 98366-8603 Joellia F. Avery aka Joellia Avery 1834 Bay Street Port Orchard, WA 98366-5112 Joellia F. Avery aka Joellia Avery 600 Southeast Oak Road Port Orchard, WA 98367-8237 by both first class and either certified mail, return receipt requested on 05/03/12, proof of which is in the possession of the Trustee; and on 05/04/12 Grantor and Borrower were personally served with said written notice of default or the written notice of default was posted on 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 foreclosure costs and trustee's 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 right, title and interest in the 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 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. The trustee's rules of auction may be accessed at www.northwesttrustee.com and are incorporated by this reference. You may also access sale status at www.northwesttrustee.com and www.USA-Foreclosure.com. EFFECTIVE: 6/17/2012 Northwest Trustee Services, Inc., Trustee Authorized Signature P.O. BOX 997 Bellevue, WA 98009-0997 Contact: Nanci Lambert (425) 586-1900. (TS# 7314.02054) 1002.214931-File No. Date of first publication: 08/31/12 Date of last publication: 09/21/12 PO668608