Re: Davis, Barbara Henderson TS No: 12-00370-4 Loan No: 1554701 / Davis APN: 680500-086-0 NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ. I. NOTICE IS HEREBY GIVEN that on May 03, 2013, 10:00 AM, at the 2nd floor entry plaza of the Superior Courthouse 930 Tacoma Avenue South Tacoma, WA. 98402, Fidelity National Title Insurance Company, the undersigned Trustee will sell at public auction to the highest and best bidder, payable, in the form of cash, or cashiers' check or certified checks from federally or State chartered banks, 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 and incorporated by reference herein for Real Property; Exhibit "A" T.S. No.: 1200370-4 Loan No.: 1554701/Davis LEGAL DESCRIPTION Lots 13 and 14, Block 9, Map of Pearson`s First Addition to the City of Tacoma, Washington, according to the plat recorded in Volume 4 of Plats at Page 45, Records of Pierce County, Washington. Except the West 10 feet for Alley. Situate in the City of Tacoma, County of Pierce, State of Washington. and More commonly known as 4826-4828 Pacific Avenue, may also be known as 4826 Pacific Avenue or 4828 Pacific Avenue, Tacoma, WA Beneficiary has elected and hereby elects to conduct a unified foreclosure sale pursuant to the provisions of RCW 62A.9A-604 and to include in the nonjudicial foreclosure of the estate described in this Notice of Trustee's Sale all of the personal property and fixtures described in the Deed of Trust and in any other instruments in favor of Beneficiary, which property is more particularly described in Exhibit "B" hereto. Exhibit "B" Personal Property Description T.S. No.: 12-00370-4 Loan No.: 1554701/ Davis Capitalized terms not defined herein shall have the same meaning as those in the Deed of Trust. All accounts (including deposit accounts) of Borrower related to the Mortgaged Property; All equipment and inventory owned by Borrower, which are used now or in the future in connection with the ownership, management or operation of the Land or Improvements or are located on the Land or Improvements, including furniture, furnishings, machinery, building materials, goods, supplies, tools, books, records (whether in written or electronic form), computer equipment (hardware and software); Other tangible personal property owned by Borrower which is used now or in the future in connection with the ownership, management or operation of the Land or Improvements or is located on the Land or in the Improvements, including ranges, stoves, microwave ovens, refrigerators, dishwashers, garbage disposers, washers, dryers and other appliances (other than Fixtures); Any operating agreements relating to the Land or the Improvements; Any surveys, plans and specifications and contracts for architectural, engineering and construction services relating to the Land or the Improvements; All other intangible property, general intangibles and rights relating to the operation of, or used in connection with, the Land or the Improvements, including all governmental permits relating to any activities on the Land and including subsidy or similar payments received from any sources, including a governmental authority; and Any rights of Borrower in or under letters of credit. Beneficiary reserves the right to revoke its election as to some or all of said personal property and/or fixtures, or to add additional personal property and/or fixtures to the election herein expressed, at Beneficiary's sole election, from time to time and at any time until the consummation of the trustee's sale to be conducted pursuant to the Deed of Trust and this Notice of Trustee's Sale. The property offered for sale excludes all funds held on account by the property receiver, if applicable. Which is subject to that certain Deed of Trust dated October 22, 2007, recorded on October 30, 2007, as Instrument No. 200710300879 of Official Records in the Office of the County Recorder of Pierce County, WA from Barbara Henderson Davis as the original Grantor(s), to Fidelity National Title as the original Trustee, to secure an obligation in favor of GreenPoint Mortgage Funding, Inc., a New York Corporation, as the original Beneficiary, the beneficial interest in which was assigned to Dyer Trust 2012-1, a Delaware statutory trust under Auditor's File No. 201208240506. The current Beneficiary is: Dyer Trust 2012-1, a Delaware statutory trust, (the "Beneficiary"). 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 Grantor's default on the obligation secured by the Deed of Trust/Mortgage. III. The default(s) for which this foreclosure is made is/are as follows: failed to pay payments which became due; together with late charges due; together with default rate interest due; failed to pay attorneys` fees and expenses; The total amount of payments due is: $48,277.28; the total amount of late charges due is $5,185.94; the total amount of default interest is $23,549.01; the total amount of attorney's fees are $675.00. IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $364,629.80, together with interest as provided in the note or other instrument secured from September 1, 2011, and such other costs and fees 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. Said sale will be made without warranty, express or implied, regarding title, possession or encumbrances on May 03, 2013. The defaults referred to in Paragraph III must be cured by April 22, 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 before April 22, 2013 (11 days before the sale) 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 April 22, 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 address(es): 127 22nd Avenue 6 Seattle, WA 98122 127 22nd Avenue # 6 Tacoma, WA 98112 by both first class and certified mail on December 17, 2012, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, 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 objections 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. SALE INFORMATION CAN BE OBTAINED ON LINE AT www.priorityposting.com AUTOMATED SALES INFORMATION PLEASE CALL 714-573-1965 DATED: January 31, 2013 FIDELITY NATIONAL TITLE INSURANCE COMPANY, Trustee 135 Main Street, Suite 1900 San Francisco, CA 94105 Phone No: 415-
2472450 Tamala Dailey, Authorized Signature P1018780 4/1, 04/22/2013