Re: One Edgewood Pointe, LLC AMENDED NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24, ET.SEQ. TO: One Edgewood Pointe, LLC Occupants Christopher E. Unger Bret William Chatalas Lara K. Unger I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, Rainier Foreclosure Services, Inc., will on JULY 19, 2013, , at the hour of 10:00 a.m., outside the 2nd Floor Entry Plaza, County-City Building, 930 Tacoma Avenue S., Tacoma, WA 98402, in the City of Tacoma, State of Washington, sell at public auction to the highest and best bidder, payable at the time of sale, thefollowing described real property, situated in the County of Pierce, State of Washington, to wit: Parcels Located in Section 22, Township 20 North, Range 4 East. FULL LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT 'A' AND INCORPORATED HEREIN BY REFERENCE. EXHIBIT A LEGAL DESCRIPTION PARCEL A: COMMENCING AT A POINT NORTH 88 DEGREES 57'15" EAST 577.91 FEET AND SOUTH 00 DEGREES 35' EAST 181.5 FEET FROM THE NORTHWEST CORNER OF WILLIS BOATMAN DONATION LAND CLAIM WHICH IS THE SOUTHWEST CORNER OF THAT CERTAIN PROPERTY CONVEYED TO ROBERT A MONARCH UNDER AUDITOR'S RECORDING NO. 2274760; THENCE WEST 40 FEET TO THE POINT OF BEGINNING; THENCE NORTH TO THE SOUTHERLY LINE OF CUL DE SAC CONVEYED TO PIERCE COUNTY UNDER AUDITOR'S NO. 2362428; CONTINUE WESTERLY ALONG SAID CUL DE SAC 59.98 FEET; THENCE SOUTH 550 WEST 32.14 FEET; THENCE SOUTH 00 DEGREES 35' EAST 164.46 FEET; THENCE EAST TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY FOR ROAD PARCEL B: COMMENCING AT THE NORTHWEST CORNER OF WOOLERY DONATION LAND CLAIM THENCE NORTH 145 FEET TO THE POINT OF BEGINNING; THENCE WEST 50 FEET; THENCE NORTH 270 FEET; THENCE EAST 50 FEET TO THE EAST LINE OF THE BOATMAN DONATION LAND CLAIM; THENCE CONTINUE EAST 20 FEET; THENCE SOUTH PARALLEL WITH SAID EAST LINE OF BOATMAN DONATION LAND CLAIM 170 FEET; THENCE EAST 80 FEET; THENCE SOUTH 100 FEET; THENCE WEST 100 FEET TO THE POINT OF BEGINNING. PARCEL C: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF 1. WOOLERY DONATION LAND CLAIM AND THE EAST LINE OF SECTION 22, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE W.M.; THENCE NORTH 1024.60 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE WEST 378.60 FEET; THENCE SOUTH ALONG THE EXTENDED EAST LINE OF THE BOATMAN DONATION LAND CLAIM 289.62 FEET; THENCE WEST 1307.35 FEET; THENCE SOUTH 279.80 FEET TO THE NORTHERLY LINE OF CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD RIGHT AT WAY; THENCE SOUTHERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE 1576.32 FEET; THENCE NORTH 45 FEET; THENCE EAST 49.50 FEET; THENCE NORTH 33 FEET TO THE NORTH LINE OF WOOLERY DONATION LAND CLAIM; THENCE EAST 148.20 FEET TO THE POINT OF BEGINNING EXCEPT THE FOLLOWING: COMMENCING AT THE NORTHEAST CORNER OF BOATMAN DONATION LAND CLAIM; THENCE SOUTH ALONG THE EAST LINE OF SAID DONATION LAND CLAIM 330 FEET TO THE POINT OF BEGINNING; THENCE WEST 110 FEET; THENCE SOUTH 17 DEGREES 30' WEST 360 FEET; THENCE NORTH 70' WEST 125 FEET; THENCE SOUTH 17 DEGREES WEST TO THE NORTH LINE OF AFOREMENTIONED RAILROAD RIGHT OF WAY; THENCE SOUTHEASTERLY ALONG THE NORTH LINE OF SAID RIGHT OF WAY 600 FEET; THENCE NORTH 45 FEET; THENCE EAST 32.50 FEET; THENCE NORTH 289 FEET; THENCE WEST 190 FEET PARALLEL WITH SAID NORTH LINE OF WOOLERY DONATION LAND CLAIM; THENCE NORTH 340 FEET; THENCE WEST 20 FEET TO THE POINT OF BEGINNING. PARCEL D: COMMENCING AT THE NORTHEAST CORNER OF THE BOATMAN DONATION LAND CLAIM; THENCE SOUTH ALONG THE EAST LINE OF SAID DONATION LAND CLAIM 330 FEET TO THE POINT OF BEGINNING; THENCE WEST 110 FEET; THENCE SOUTH 17 DEGREES 30' WEST 360 FEET; THENCE NORTH 70 DEGREES WEST 125 FEET; THENCE SOUTH 17 DEGREES WEST TO THE NORTH LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL RAILROAD RIGHT OF WAY; THENCE SOUTHEASTERLY ALONG THE NORTH LINE OF SAID RIGHT OF WAY 600 FEET; THENCE NORTH 45 FEET; THENCE EAST 32.50 FEET; THENCE NORTH 289 FEET; THENCE WEST 190 FEET; THENCE NORTH PARALLEL WITH SAID EAST LINE OF DONATION LAND CLAIM 340 FEET; THENCE WEST 20 FEET TO THE POINT OF BEGINNING. EXCEPT THE FOLLOWING: COMMENCING AT THE NORTHWEST CORNER OF WOOLERY DONATION LAND CLAIM; THENCE NORTH 145 FEET TO THE POINT OF BEGINNING; THENCE WEST 50 FEET; THENCE NORTH 270 FEET; THENCE EAST 50 FEET TO THE EAST LINE OF BOATMAN DONATION LAND CLAIM; THENCE CONTINUE EAST 20 FEET; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID DONATION LAND CLAIM 170 FEET; THENCE EAST 80 FEET; THENCE SOUTH 100 FEET; THENCE WEST 100 FEET TO THE POINT OF BEGINNING. SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON. Tax Parcel No. 042022-1098 (PARCEL A); Tax Parcel No. 042022-1050 (PARCEL B); Tax Parcel No. 042022-1700 (PARCEL C); Tax Parcel No. 042022-1701 (PARCEL D); the postal addresses of which are more commonly known as: 11623 Valley Avenue East, Edgewood, WA 98372 which is subject to that certain Deed of Trust dated March 5, 2008, recorded March 14, 2008, under Auditor's File No. 200803140078, records of Pierce County, Washington, from One Edgewood Pointe, LLC, as Grantor, to Chicago Title Insurance Company, as original Trustee, to secure an obligation in favor of Frontier Bank, as beneficiary. Union Bank, N.A., as successor in interest to the Federal Deposit Insurance Corporation, as Receiver for Frontier Bank, is the current holder of the obligation and beneficiary under the 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 obligation secured by the Deed of Trust. III. The Default for which this foreclosure is made is as follows: Failure to pay when due the following amounts which are now in arrears: PROMISSORY NOTE DUE IN FULL: Principal Balance: ^$99,969.00 Unpaid Accrued Interest Thru April 11, 2013: ^$42,934.63 Late Charges: ^$1,437.75 Advances for Real Estate Taxes: ^$52,368.90 Appraisal Fees: ^$9,600.00 Environmental Advances: ^$7,603.26 TOTAL AMOUNT DUE: ^$213,913.54* PER DIEM: $35.61 *plus all applicable additional advances, attorney's fees and costs and trustee's fees and costs incurred to the date of sale, Default other than failure to make payments: NONE IV. The sum owing on the obligation secured by the Deed of Trust is $99,969.00, together with interest as provided in the note or other instrument secured 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 said Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on JULY 19, 2013. The defaults referred to in paragraph III must be cured before the sale on JULY 19, 2013 to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before the sale the default(s) as set forth in paragraph III are cured and the Trustee's fees and costs are paid. The sale may be terminated any time before the sale, by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance paying the principal and interest 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 or Grantor at the following addresses: One Edgewood Pointe, LLC At: 3019 Judson Street, Suite E Gig Harbor, WA 98335 One Edgewood Point, LLC, c/o Christopher E. Unger, Registered Agent At: 3019 Judson Street, Suite E Gig Harbor, WA 98335 And at: 1001 W. Lambert Road. La Habra, CA 90631-8904 Chrisopher E. Unger Lara K. Unger Both At: 3019 Judson Street, Suite E Gig Harbor, WA 98335 And at: 1001 W. Lambert Road La Habra, CA 90631-8904 by both first class and certified mail on July 24, 2012, proof of which is in the possession of the Trustee; and the Borrower and Grantor w
ere personally served on July 25, 2012, with said written Notice of Default or the Notice of Default was posted in a conspicuous place on the real property described in paragraph I above, and the Trustee has in his possession proof of such service or 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 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 R.C.W. 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 GUARANTORS: Any guarantor of the obligation secured by the deed of trust 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. All guarantors have the same rights to reinstate the debt, cure the default or repay the debt as is given to the Grantor and Borrower in order to avoid the trustee's sale. Any guarantor will have no right to redeem the property after the trustee's sale. 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. In any action for a deficiency, a 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 the guarantor's 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 interests and costs. XI. 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. THIS NOTICE SUPERSEDES AND REPLACES ANY PRIOR NOTICE OF TRUSTEE'S SALE RELATING TO THE ABOVE REFERENCED DEED OF TRUST DATED April 11, 2013. RAINIER FORECLOSURE SERVICES, INC., Successor Trustee By:______________ THOMAS S. LINDE, Vice President Rainier Foreclosure Services, Inc. c/o SCHWEET RIEKE & LINDE, PLLC 575 S. Michigan Street Seattle, WA 98108 (206) 275-1010 June 19, July 10