Re: Ingels/Gill NOTICE OF TRUSTEE'S SALE Issued Pursuant to RCW 61.24.040 I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on Friday, January 2, 2015, at the hour of 10:00 a.m. at the Pierce County Courthouse located at 930 Tacoma Avenue South, Tacoma, Pierce County, Washington, sellat 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: See Exhibit "A" attached hereto and incorporated herein by this reference. the postal address of which is more commonly known as 12020 Nyanza Road SW, Lakewood, WA 98499, which is subject to that certain Deed of Trust dated September 1, 2009, and recorded on September 2, 2009, with the Pierce County Auditor under Recording No. 200909020709, from Gwen Ingels, a single person, and Douglas Harrison Gill, Jr., a single person, as Grantors, to Fidelity National Title, as Trustee, to secure an obligation in favor of Connie R. Rogel, as Trustee of the Connie R. Rogel Washington Qualified Personal Residence Trust, dated January 28, 2008, and Steven R. Rogel, as Trustee of the Steven R. Rogel Washington Qualified Personal Residence Trust, dated January 28, 2008, as Beneficiary, records of Pierce County, Washington. 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 for which this foreclosure is made is as follows: a. Failure to pay the following past due amounts which are in arrears: 1) Principal balance due in full March 1, 2014 (adjusted through August 1, 2014), pursuant to Fifth Loan Modification Agreement (and for payments made and received pursuant to Sixth Loan Modification Agreement): ^$1,219,216.38 TOTAL PAST DUE PAYMENTS:^$1,219,216.38 IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $1,219,216.38, 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 January 2, 2015. The defaults referred to in Paragraph III must be cured by January 2, 2015 (on or before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before January 2, 2015 (on or 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 by the Grantors any time before the sale by the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance paying the principal and interest secured by the Deed of Trust, plus costs, interest, late charges, fees and advances, if any, made pursuant to the terms of the obligations 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/or Guarantor at the following addresses: Gwen Ingels 12020 Nyanza Road SW Lakewood, WA 98499 Douglas Harrison Gill, Jr. 12020 Nyanza Road SW Lakewood, WA 98499 by both first class and certified mail, on April 30, 2014, proof of which is in the possession of the Trustee; the written Notice of Default was also posted in a conspicuous place on the real property described in Paragraph I above on May 8, 2014. The Trustee has in Trustee's possession proof of such service/posting. VII. The Trustee, whose name and address is 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 Grantors and all those who hold by, through or under Grantors, 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) and anyone having an interest junior to the deed of trust, including occupants AND NON-RESIDENTIAL tenants. After the 20th day following the sale the purchaser has the right to evict occupants AND NONRESIDENTIAL tenants by summary proceedings under chapter 59.12 RCW. For RESIDENTIAL tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. RESIDENTIAL TENANT-OCCUPIED PROPERTY MEANS PROPERTY COMPRISED SOLELY OF A SINGLE-FAMILY RESIDENCE, OR A CONDOMINIUM, COOPERATIVE, OR OTHER DWELLING UNIT IN A MULTIPLEX OR OTHER BUILDING CONTAINING FEWER THAN FIVE RESIDENTIAL UNITS. XI. Notice to Guarantors If this Notice is being mailed or directed to any Guarantor, said Guarantor should be advised that: (1) the Guarantor 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; (2) the Guarantor has 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; (3) the Guarantor will have no right to redeem the property after the trustee's sale; (4) subject to such longer periods as are provided in the 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 (5) in any action for a deficiency, the Guarantor 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 its 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. XII. Owner-Occupied Residential Property Notice 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 telephone: 1-877-894HOME (1-877-894-4663) Website: http://www.dfi.wa.gov/consumers/ homeownership/ post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development: Toll-free telephone: 1-800-569-4287 Website: 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 Website: http://nwjustice.org/what-clear DATED this day of , 2014. EISENHOWER AND CARLSON, PLLC Successor Trustee By: Jason M. Whalen, Manager Address: 1201 Pacific Avenue, Suite 1200 Tacoma, WA 98402 Phone: (253) 572-4500 December 2, 23