Re: Pierce, Michael NOTICE OF INTENT TO FORFEIT REAL ESTATE CONTRACT (Pursuant to the Revised Code of Washington Chapter 61.30 et seq.) TO: MICHAEL D. PIERCE 924 85TH STREET E TACOMA WA 98445 OCCUPANTS 924 85TH STREET E TACOMA WA 98445 YOU ARE HEREBY NOTIFIED that the real estate contract describedbelow is in default and you are provided the following information with respect thereto: (a) Sellers: Evelyn M. Athow 1216 Farallone Avenue Fircrest, WA 98446 phone: (253)-565-8449 Agent: Brian T. Comfort, Esq. Comfort, Davies & Smith, P.S. 1901 65th Avenue, West, Suite 200 Tacoma, Washington 98466 Phone: (253)565-3400 (b) Description of the Contract: real estate contract dated October 17, 2011, executed by Estate of Gary L. Klapstein, as seller, and Michael D. Pierce, as purchaser, which contract was recorded under no. 201110310888 on October 31, 2011, and re-recorded under no. 201202240132 on February 24, 2012, records of Auditor for Pierce County, Washington. Pursuant to a deed and seller's assignment of real estate contract dated November 1, 2011, seller's interest has been assigned to Evelyn M. Athow, a single person, which deed and seller's assignment was recorded under no. 201111100522 on November 10, 2011, and re-recorded under no. 201202240133 on February 24, 2012, records of Auditor for Pierce County, Washington. (c) Legal Description of the Property: Parcel No. 9690000450 Beginning on the North line of Lot 14 of WILSON'S SUBDIVISION of the West half of the Northwest Quarter of Section 34, Township 20 North, Range 3 East, as per plat thereof recorded in Volume 5 of Plats; Page 83, records of Pierce County Auditor, at a point 300 feet West of the Northeast corner of said Lot 14. Running Thence West on the North line of said Lot 14, 100 feet; Thence South at right angles to the North line of said Lot 14, 175.1 feet; Thence East parallel to the North line of said Lot 14, 100 feet; Thence North 175.1 feet to the point of beginning. Situate in the county of Pierce, state of Washington. Subject to: Planning and Land Services Department Wetland and/or Westland buffer notice, and the terms and conditions thereof. Recorded: August 12, 1994 recording no. 9408120540. (more commonly described as 9214 85th Street E, Tacoma, Washington 98445) (d) description of each default under the contract on which the notice is based: Failure to pay the following due items, the amounts and an itemization for which are given in (g) and (h) below: Back monthly payments, late charges, insurance premium and delinquent real estate taxes. (e) AFORESAID REAL ESTATE CONTRACT WILL BE FORFEITED AND TERMINATED, UNLESS ALL DEFAULTS ARE CURED, ON THE FOLLOWING DATE: SEPTEMBER 13, 2013 The scheduled date of forfeiture of the real estate contract is not less than ninety (90) days after the notice of forfeiture is recorded in Pierce County, Washington, for any longer period of time as specified in the contract or other agreement with seller. (f) The effect of forfeiture to you will be as follows: (i). all the right, title and interest in the property of the purchaser and, to the extent elected by the seller, of all persons claiming through the purchaser and, to the extent elected by the seller, of all persons claiming through the purchaser or whose interests are otherwise subordinate to the seller's interest in the property shall be terminated; (ii) the purchaser's rights under the contract shall be canceled; (iii) all sums previously paid under the contract shall belong to and be retained by the seller or other person to whom paid and entitled thereto; (iv) all of the purchaser's rights in all improvements made to the property and in unharvested crops and timber on the property shall belong to the seller; and (v) the purchaser and all other persons occupying the property whose interests are forfeited shall be required to surrender possession of the property, improvements, and unharvested crops to the seller ten (10) days after the declaration of forfeiture is recorded. (g) The following is an itemized statement, to the extent known at this time, of all reasonable amounts necessary under the contract to cure the default: 1) Monetary Delinquencies: three (6) delinquent monthly payments for April, September, October and November, 2012, February, April and May, 2013 at $400 per month ^$1,800.00 late charges 14 months at $20 each ^$280.00 Insurance premium ^$297.82 TOTAL ^$2,377.82 In addition you must bring current all other payments and charges that became due during the period for curing defaults under the contract, as well as providing proof of payment of all outstanding real estate taxes owed on the property. 2) Action's required to cure any nonmonetary default: N/A. (h) The following is a statement of other payments, charges, fees and costs to cure the default: ITEM ^AMOUNT 1. Cost of title report (estimated) ^$750.00 2. Service posting and notice of intent to forfeit (estimated) ^$60.00 3. Copying/postage (estimated) ^$40.00 4. Attorneys fees (estimated) ^$1,000.00 5. Publication fee (estimated) ^$300.00 6. Recording Fee ^$76.00 TOTAL ^$2,226.00 The total amount necessary to cure the default is the sum of the amounts in (g) and (h), which is $4,603.82, plus the amount of any payments, late charges, and real estate taxes which are now due and outstanding and which fall due after the date of this notice of intent to forfeit real estate contract and on or prior to the date the default is cured. Monies required to cure the default may be tendered to Comfort, Davies & Smith at the following address: 1901 65th Avenue, West, Suite 200 Tacoma, Washington 98466 (i) The purchaser or any person claiming through the purchaser has the right to contest the forfeiture or to seek an extension of time to cure the default if the default does not involve a failure to pay money, or both, by commencing a court action by filing and serving the summons and complaint before the declaration of forfeiture is recorded on September 13, 2013, which is the scheduled date of forfeiture. NO EXTENSION IS AVAILABLE FOR DEFAULTS WHICH ARE A FAILURE TO PAY MONEY. (j) You may have the right to request a court to order a public sale of the property; that such public sale will be ordered only if the court finds that the fair market value of the property substantially exceeds the debt owed under the contract and any other liens having priority over the seller's interest in the property; that the excess, if any, of the highest bid at the sale over the debt owed under the contract will be applied to the liens eliminated by the sale and the balance, if any, paid to the purchaser; that the court will require the person who requests the sale to deposit the anticipated sale costs with the clerk of the court; and that any action to obtain an order for public sale must be commenced by filing and serving the summons and complaint before the declaration of forfeiture is recorded. (k) The seller is not required to give any person any other notice of default before the declaration which complete the forfeiture is given, or, if the contract or other agreement requires such notice, the identification of such notice and a statement of to whom, when, and how it is required to be given. DATED this 6th day of June, 2013. COMFORT, DAVIES & SMITH, P.S. By: /s/Brian T. Comfort, WSBA #12245 of attorneys for seller 1901 65th Avenue West, Suite 200 Tacoma, WA 98466 (253)565-3400 State of Washington)ss. County of Pierce) On this day personally appeared before me Brian T. Comfort, to me known to be the individual described in and who executed the within and foregoing instrument, acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 6th day of June, 2013. /s/Kathy R. Thompson NOTARY PUBLIC in and for the state of Washington, residing at Edgewood. My commission expires: 11-2315. June 11, 18