Re: Adams, Jonathan E. and Jennifer L. DOCUMENT TITLE Notice of Trustee's Sale REFERENCE NO. OF DOCUMENTS ASSIGNED/ RELEASED 200508290393 GRANTOR Adams, Jonathan E. and Jennifer L., husband and wife GRANTEE First Savings Bank Northwest LEGAL DESCRIPTION Lot 13 The Buttes A.P.D.D. Div 1, Rec Nov16, 2001 #200111165005 ASSESSOR'S PARCEL NO. 7001430130 NOTICE OF TRUSTEE'S SALE I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on August 30, 2013, at the hour of 10:00 a.m., at 2nd Floor Lobby of the Pierce County Courthouse, 930 Tacoma Avenue, South, in the City of Tacoma, 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: See Exhibit A attached hereto for a legal description of the real property being foreclosed. If the Deed of Trust grants the Beneficiary security interests in personal property located on the real property, said personal property will be included in the Trustee's Sale. The personal property is described in the Deed of Trust and any UCC-1 and/or UCC-2 Financing Statement signed by the Grantor of the Deed of Trust. Reference should be made to the Deed of Trust and any such Financing Statements for a description of the personal property being sold. which is subject to that certain Deed of Trust, dated August 24, 2005, recorded August 29, 2005, under Auditor's File No. 200508290393, records of Pierce County, Washington, from Jonathan E. Adams and Jennifer L. Adams, husband and wife, as Grantor, to First Financial Diversified Corporation as Trustee, to secure an obligation in favor of First Savings Bank Northwest. 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: MONTHLY PAYMENTS: January through May in the amount of $1,471.00/month ^$7,355.00 LATE CHARGES: Accrued late charges for all monthly payments not made within 10 days of its due date. ^$289.25 TOTAL MONTHLY PAYMENTS AND LATE CHARGES ^$7,644.25 IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $173,709.16, together with interest or default interest as provided in the Note or other instrument secured from December 1, 2012, 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 30, 2013. The defaults referred to in Paragraph III must be cured by August 19, 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 August 19, 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 any time after August 19, 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 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: Jonathan E. Adams 2810 Elinor Street Eugene, OR 97403-1632 Jennifer L. Adams 2810 Elinor Street Eugene, OR 97403-1632 by both first class and certified mail on April 9, 2013, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on April 14, 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 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. If the Loan is secured by owner-occupied residential property and the Borrower received a letter from the Beneficiary required by RCW 61.24.031 (generally advising the Borrower to contact an attorney or housing counselor and reporting an opportunity to participate in mediation with the Beneficiary) the following Notice applies: THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME You have 20 DAYS from the recording date of this notice-normally done within three days of the date it is signed-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 Web site: http://www.dfi.wa.gov/consumers/ homeownership/post_ purchase_counselors_ foreclosure.htm The United States Department of Housing and Urban Development Telephone: (800) 569-4287 Web site: http://www.hud.gov/offices/hsg/sfh/ hcc/fc/index.cfm?webList Action=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 Web site: http://nwjustice.org/get-legal-help XI. NOTICE TO OCCUPANTS OR TENANTS If the property being foreclosed is a single family residence, condominium, cooperative or building containing fewer than five units, state law requires that the following additional notice be given. 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 the unlawful detainer act, chapter 59.12. RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. XII. NOTICE TO GUARANTORS If the Deed of Trust being foreclosed secures a commercial loan and you are a guarantor of the loan, the following statements apply to you. You 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; You have 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; You will have no right to redeem the property after the trustee's sale; Subject to such longer periods as are provided in th
e 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 In any action for a deficiency, you 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 your 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. TRUSTEE: HANSON BAKER LUDLOW DRUMHELLER P.S. By John T. Ludlow 2229 112th Avenue NE, Suite 200 Bellevue, Washington 98004 Telephone: (425) 454-3374 EXHIBIT A LOT 13 OF THE BUTTES, A P.D.D. DIVISION 1, AS PER PLAT RECORDED NOVEMBER 16, 2001 UNDER RECORDING NO. 200111165005, RECORDS OF PIERCE COUNTY AUDITOR; SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON July 30, August 20