Re: BAERG, KEVIN Trustee Sale No WA05000183-14-1 APN 012128-2075 Title Order No 8418495 NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ. I. NOTICE IS HEREBY GIVEN that on 10/17/2014, 10:00 AM, at the 2nd floor entry plaza of the Superior Courthouse, 930Tacoma Avenue South, Tacoma, WA 98402, MTC FINANCIAL INC. dba TRUSTEE CORPS, the undersigned Trustee will sell at public auction to the highest and best bidder, payable, in the form of cash, or cashiers' check or certified checks from federally or State chartered banks, at the time of sale the following described real property, situated in the County of Pierce, State of Washington, to-wit: SEE APPENDED LEGAL DESCRIPTION legal description: PARCEL A: COMMENCING AT THE MOST SOUTHERLY POINT ON THE GOVERNMENT MEANDER LINE ON HORSEHEAD BAY IN THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN; THENCE ON A LINE PARALLEL WITH AND 1,162.33 FEET SOUTH OF THE NORTH LINE OF GOVERNMENT LOT 3 IN SAID SECTION 28 WEST 267.09 FEET; THENCE AT A RIGHT ANGLE TO SAID PARALLEL LINE 86.89 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ON SAID LINE 60 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF GOVERNMENT LOT 3 TO A POINT 178.20 FEET NORTHERLY OF THE MOST SOUTHERLY POINT ON THE GOVERNMENT MEANDER LINE ON HORSEHEAD BAY; THENCE LEAVING SAID MEANDER LINE SOUTH 827365533;51'37" W 169.09 FEET TO A POINT 1,083.44 FEET SOUTH OF THE NORTH LINE OF GOVERNMENT LOT 3; THENCE NORTH 607365533;24'30" WEST 16.20 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF GOVERNMENT LOT 3 10 FEET TO THE POINT OF BEGINNING, IN PIERCE COUNTY, WASHINGTON. PARCEL B: BEGINNING ON THE WEST LINE OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN AT A POINT 1,015.44 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID SECTION 2, 281.59 FEET, MORE OR LESS TO THE MEANDER LINE AND THE TRUE POINT OF BEGINNING; THENCE WEST PARALLEL WITH SAID NORTH LINE 136.45 FEET; THENCE NORTH 847365533;00'17" EAST 135.53 FEET, MORE OR LESS, TO THE MEANDER LINE AT A POINT THAT MEASURES NORTH 067365533;30" WEST ALONG THE SAID MEANDER LINE 14.26 FEET FROM THE POINT OF BEGINNING, IN PIERCE COUNTY, WASHINGTON. (ALSO KNOWN AS REVISED PARCEL A OF BOUNDARY LINE REVISION RECORDED AUGUST 26,1985 UNDER RECORDING NO. 8508260349.) TOGETHER WITH THAT PORTION, IF ANY, CONVEYED BY DOCUMENT RECORDED SEPTEMBER 27, 2001 UNDER RECORDING NO. 200109270011. EXCEPT THAT PORTION, IF ANY, CONVEYED BY DOCUMENT RECORDED SEPTEMBER 27, 2001 UNDER RECORDING NO. 200109270012. ALSO EXCEPT THAT PORTION, IF ANY, LYING WITHIN HORSEHEAD BAY COUNTY ROAD, ALSO KNOWN AS 28TH STREET COURT N.W. TOGETHER WITH SECOND CLASS TIDELANDS, AS CONVEYED BY THE STATE OF WASHINGTON, ADJOINING AND ABUTTING THEREON. PARCEL C: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS 15 FEET IN WIDTH EXTENDING FROM THE EAST 15 FEET OF THE WEST 39.09 FEET OF THE PROPERTY HEREIN DESCRIBED, SOUTH TO HORSEHEAD BAY COUNTY ROAD. Abbreviated Legal: SECTION 28, TOWNSHIP 21 NORTH, RANGE 1 EAST OF NW 1/4 APN: 012128-2075 More commonly known as 11115 28TH ST CT NW , Gig Harbor, WA 98335 which is subject to that certain Deed of Trust dated as of June 13, 2007, executed by KEVIN BAERG, AN UNMARRIED MAN AND CRESSIE M. GOFF, AN UNMARRIED WOMAN as Trustor(s), to secure obligations in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), as designated nominee for VENTURE BANK, A WASHINGTON CORPORATION, Beneficiary of the security instrument, its successors and assigns, recorded June 22, 2007 as Instrument No. 200706220728 and the beneficial interest was assigned to Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP and recorded August 4, 2011 as Instrument Number 201108040456 of official records in the Office of the Recorder of Pierce County, Washington. II. No action commenced by Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP, the current Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrowers' or Grantor's default on the obligation secured by the Deed of Trust/Mortgage. Current Beneficiary: Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP Contact Phone No: 800-669-6650 Address: 7105 Corporate Drive, Plano, TX 75024 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: DELINQUENT PAYMENT INFORMATION From August 1, 2010 To June 13, 2014 Number of Payments 15 Monthly Payment $2,596.41, 12 $2,555.47, 9 $2,550.57, 11 $2,528.07 Total $120,375.69 LATE CHARGE INFORMATION From August 1, 2010 To June 13, 2014 Number of Payments 46 Monthly Payment $109.20 Total $5,023.20 PROMISSORY NOTE INFORMATION Note Dated: June 13, 2007 Note Amount: $403,200.00 Interest Paid To: July 1, 2010 Next Due Date: August 1, 2010 IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $403,200.00, 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 the Deed of Trust as provided by statute. Said sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on October 17, 2014. The defaults referred to in Paragraph III must be cured by October 6, 2014, (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before October 6, 2014 (11 days before the sale) the default as set forth in Paragraph III is cured and the Trustee's fees and costs are paid. Payment must be in cash or with cashier's or certified checks from a State or federally chartered bank. The sale may be terminated any time after the October 6, 2014 (11 days before the sale date) and before the sale, by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance by 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. VI. A written Notice of Default was transmitted by the current Beneficiary, Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP or Trustee to the Borrower and Grantor at the following address(es): ADDRESS UNKNOWN SPOUSE OF KEVIN BAERG 11115 28TH ST CT NW, GIG HARBOR, WA 98335 UNKNOWN SPOUSE OF CRESSIE M. GOFF 11115 28TH ST CT NW, GIG HARBOR, WA 98335 KEVIN BAERG 11115 28TH ST CT NW, GIG HARBOR, WA 98335 KEVIN BAERG 2907 HARBORVIEW DR STE A, GIG HARBOR, WA 98335-1924 CRESSIE M GOFF 11115 28TH ST CT NW, GIG HARBOR, WA 98335 CRESSIE M GOFF 2907 HARBORVIEW DR STE A, GIG HARBOR, WA 98335-1924 by both first class and certified mail on April 3, 2014, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, with said written Notice of Default or the 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 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 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. If the Borrower received a letter under RCW 61.24.031: THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 DAYS from the recording date of 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 Telephone: (877) 8944663 or (800) 606-4819 Website: www.wshfc.org The United States Department of Housing and Urban Development: Telephone: (800) 569-4287 Website: www.hud.gov The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys Telephone: (800) 606-4819 Website: www.homeownership.wa.gov 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 the Unlawful Detainer Act, Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060; NOTICE TO GUARANTOR(S) RCW 61.24.042 (1) The Guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the Trustees' 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 Trustees' 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 costs. The failure of the Beneficiary to provide any Guarantor the notice referred to in this section does not invalidate either the notices given to the Borrower or the Grantor, or the Trustee's Sale. DATED: 6/13/2014 MTC Financial Inc. dba Trustee Corps, as Duly Appointed Successor Trustee By: Winston Khan, Authorized Signatory MTC Financial Inc. dba TRUSTEE CORPS 1700 Seventh Avenue, Suite 2100 Seattle WA 98101 Phone: (800) 4097530 For Reinstatement/Pay Off Quotes, contact MTC Financial Inc. DBA Trustee Corps TRUSTEE'S SALE INFORMATION CAN BE OBTAINED ONLINE AT www.priorityposting.com P1099457 9/16, 10/07/2014