Re: Anderson/Lopez NOTICE OF TRUSTEE'S SALE (Revised) I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on Friday, October 14, 2016, at the hour of 10:00 AM (ten o'clock in the morning) at 930 Tacoma Avenue South, in the City of Tacoma, State of Washington, sell at public auctionto 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, to-wit: PARCEL A (Assessor's Tax Parcel No. 7705000110) That portion of Lot 4, Snell's Plat of Part of the Adam Benston D.C., according to Plat recorded in Volume 7 of Plats, Page 87, being in Section 22, Township 20 North, Range 4 East of the W.M., in Pierce County, more particularly described as follows: Beginning at a point formed by the intersection of the Southerly margin of Valley Road (Old Pacific Highway) and the Easterly margin of Milwaukee Avenue; Thence Southerly along the Easterly margin of Milwaukee Avenue, a distance of 54.67 feet to the North line of the property conveyed by deed running from Tony Roetger to Olive A. Roetger, dated January 26, 1928, and recorded in Book 506 of deeds at page 108; Thence Easterly along the said North line a distance of 71 feet; Thence Northerly a distance of 82.58 feet. more or less, to a point on the Southerly margin of Valley Road 50 feet Easterly from point of beginning: Thence Westerly along the Southerly margin or Valley Road a distance of 50 feet to the point of beginning. PARCEL B (Assessor's Tax Parcel No. 7705000080) That portion of Lot 4, Snell's Plat of Part of the Adam Benston D.C., according to Plat recorded in Volume 7 of Plats, Page 87, being in Section 22, Township 20 North, Range 4 East of the W.M., in Pierce County more particularly described as follows: Beginning at a point on the South line of the Old Pacific Highway at a point 50 feet East of the intersection of the South line of the Old Pacific Highway and the East line of Milwaukee Avenue, which is the true point or beginning of this description; Thence East along the South line of the Old Pacific Highway, 50 feet: Thence Southerly 107 feet, more or less, to the Northeast corner of the property conveyed by deed running from Tony Roetger to Olive A. Roetger, dated January 26, 1928 and recorded in Book 506 of deeds at Page 108, which is 126 feet, more or less, from the East line of Milwaukee Avenue; Thence Westerly along the North line of Roetger property a distance of 53 feet to a point 71 feet Easterly from the East line of Milwaukee Avenue, thence Northerly 82.58 feet, more or less, to the true point of beginning. Situate in the County of Pierce, State of Washington. which is subject to that certain Deed of Trust dated April 7, 2005 and recorded April 29, 2005 under Pierce County Auditor No. 200504291119, from David Anderson and Paul Lopez, as Grantor(s), to Fidelity National Title, as Trustee, to secure an obligation in favor of George Hollis Monaghan and Jean Marie Monaghan as Beneficiary(ies). 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(s) for which this foreclosure is made is/are as follows: Failure to pay when due the following amounts, which are now in arrears: Payments under the Promissory Note due for May 2013 through July 2016: $55,128.84 Late Fees due for May 2013 through July 2016: $2,756.52 Interest accruing at a rate of eighteen percent (18%) per annum from May 5, 2013 to July 5, 2016: $94,093.34 and continuing thereafter at a per diem rate of $82.01 per day Property taxes paid by Beneficiary $13,446.33 Property taxes unpaid $8,748.70 IV. The sum owing on the obligation secured by the Deed of Trust is: Principal of $166,288.78, together with interest as provided in the note or other instrument secured from May 5, 2013, 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 October 14, 2016. The default(s) referred to in paragraph III must be cured by October 3, 2016 (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 October 3, 2016, (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 any time after October 3, 2016 (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 addresses: To David M. Anderson: 9222 – 225th Ave. E Buckley, WA 98466 5703 – 184th Ave Ct. E Lake Tapps, WA 98391-8893 11107 – 176th Ave E Bonney Lake, WA 98391-5121 To Paul B. Lopez: 9222 – 225th Ave. E Buckley, WA 98466 5703 – 184th Ave Ct. E Lake Tapps, WA 98391-8893 15310 Meade McCumber Rd. E Sumner, WA 98390 by both first-class and certified mail on April 28, 2016, proof of which is in the possession of the Trustee; and 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 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. DATED this 11th day of July 2016 TRUSTEE /s/Mark B. Anderson, WSBA #25895 Anderson Law Firm PLLC 1119 Pacific Avenue, Suite 1305 Tacoma, WA 98402 (253) 327-1750 SUBSCRIBED AND SWORN this 11 day of July 2016. /s/Jennifer A. Mercurio Notary Public in and for the State of Washington Residing in Pierce County, Washington My Commission Expires on 11/29/2017 IDX-721116 September 13, October 4