Re: Edwards, Scott NOTICE OF POSTPONED TRUSTEE'S SALE Grantor (Borrower): Scott M. Edwards Grantee (Lender): Heritage Bank, fka Heritage Savings Bank Grantee (Trustee): Vandeberg Johnson & Gandara LLP, successor trustee Legal Description (abbreviated): Lot 5, Shady Lane, Vol. 36, P. 14-15, Pierce County Assessor's Tax Parcel ID#: 7546000050 Reference Nos. of Documents Released or Assigned: 200401230889 ^1204-249 I. NOTICE IS HEREBY GIVEN that the Trustee's Dale scheduled to take place on the 7th day of June, 2013, as described in that certain Notice of Trustee's Sale recorded February 4, 2013, under Auditor's File No. 201302040469, records of Pierce County, Washington, has been postponed and the undersigned Trustee will on the 12th day of July2013, at the hour of 10:15 a.m., at the second floor entrance to the Pierce County Courthouse, located at at 930 Tacoma Avenue South, in the City of Tacoma, State of Washington, sell at public auction to the highest bidder, payable at time of sale, the following described real property, situated in the County of Pierce, State of Washington, to-wit: LOT 5 OF SHADY LANE, AS PER PLAT RECORDED IN VOLUME 36 OF PLATS, PAGES 14 AND 15, RECORDS OF PIERCE COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON. the postal addresses of which is more commonly known as: 1614 129th Street East, Tacoma, WA 98445; tax parcel number: 7546000050. which is subject to that certain Deed of Trust dated January 23, 2004, and recorded January 23, 2004, under Auditor's File No. 200401230889, records of Pierce County, Washington, from Scott M. Edwards, as Grantor, to First American Title Insurance Company, as Trustee, to secure an obligation in favor of Heritage Bank, as Beneficiary. The beneficial interest in said Deed of Trust is currently held by: Heritage Bank. First Americal Title Insurance Company is deemed to have resigned as Trustee thereunder and Vandeberg Johnson & Gandara LLP has been appointed Trustee under said 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 Borrower's or Grantor's default on the obligations secured by the Deed of Trust. III. The default(s) for which this foreclosure is made is/are as follows: A. Failure to pay when due the following amounts which are now in arrears: Monthly installments under the terms of the Note from July 25, 2011 to May 25, 2013 at $205.67 per month (estimated*)^$4,730.41 Late charges for July 2011 to January 2013 at $10.28 per month (estimated)^$ 236.44 Total Amount Past Due as of June 3, 2013^$4,966.85 B. Default other than failure to make monthly payments: Failure to pay real property taxes when due. IV. The sum now owing on the obligation secured by the Deed of Trust is: Principal $46,785.15, together with interest as provided in the note or other instrument secured, from the 26th day of June 2011, plus any advances as set forth in Paragraph III above, 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 the 12th day of July, 2013. The default(s) referred to in Paragraph III must be cured by the 1st day of July, 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 the 1st day of July, 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 anytime after the 1st day of July, 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, Grantor and Guarantors at the following addresses: Scott Edwards, 1614 129th Street East, Tacoma, WA 98445 by both first class and certified mail on November 6, 2012, proof of which is in the possession of the Trustee; and the written notice of default was posted in a conspicuous place on the real property described in Paragraph I above on December 14, 2012, 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. 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) 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 or subtenant with written notice in accordance with RCW 61.24.060. XI. NOTICE TO TENANTS RESIDENTS OF PROPERTY SUBJECT TO FORECLOSURE SALE: The foreclosure process has begun on this property, which may affect your right to continue to live in this property. Ninety days or more after the date of this notice, this property may be sold at foreclosure. If you are renting this property, the new property owner may either give you a new rental agreement or provide you with a sixty-day notice to vacate the property. You may wish to contact a lawyer or your local legal aid or housing counseling agency to discuss any rights that you may have. 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: 1-877-894-HOME (1-877894-4663) http://www.dfi.wa.gov/consumers/ homeownership/ post_purchase_counselors_foreclosure.htm The United State Department of Housing and Urban Development: Tollfree: 1-800-569-4287 Local counseling agencies in Washington: 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 http://nwjustice.org/what-clear This is an attempt to collect a debt. Any and all information obtained will be used for that purpose. Unless you notify this office within thirty (30) days of receipt of this notice that you dispute the validity of the debt or any port
ion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty (30) days from receiving this notice, this office will obtain verification of the debt and will mail you a copy of verification. If you request this office in writing within thirty (30) days after receiving this notice, this office will provide you with the name and address of the original creditor, if different than the current creditor. DATED this _____ day of June, 2013. TRUSTEE: VANDEBERG JOHNSON & GANDARA LLP By: Marlo DeLange 1201 Pacific Avenue, Suite 1900 Post Office Box 1315 Tacoma, WA 98401 (253) 383-3791 June 27