Re: Garry, Mark & Andrea Document Title(s) (or transactions contained herein): Notice of Trustee's Sale Grantor: Mark Garry and Andrea Garry, husband and wife Grantee/Beneficiary: David J. Tuss Legal Description: Additional legal description is on Exhibit "A" of document Ptn. Gov't Lot 2, Sec 12, Twn 19 N, Rge 1 W Assessor's Tax Parcel ID #: 001912-1-008 NOTICE OF TRUSTEE'S SALE TO: MARK GARRY and ANDREA GARRY, husband and wife (Borrowers & Grantors) 2144 Fallsburg Way Henderson, NV 89002-3631 MARK GARRY and ANDREA GARRY, husband and wife (Borrowers & Grantors) 9205 Kootenai Avenue Anderson Island, WA 98303 MARK GARRY and ANDREA GARRY, husband and wife (Borrowers & Grantors) 11602 150th Avenue Anderson Island, WA 98303 NOTICE IS HEREBY GIVEN that the undersigned Trustee under the terms of the Deed of Trust described below and at the direction of the Beneficiary, will at the time and place set forth below, sell at public auction to the highest and best bidder, payable in cash or certified funds at the time of sale, the real property described below: See Exhibit "A" hereto EXHIBIT "A" Legal Description Beginning at the northwest corner of Government Lot 2, Section 12, Township 19 North, Range 1 West, W.M., in Pierce County, Washington; thence southwesterly along the westerly line of said Government Lot 2, a distance of 350 feet to the true point of beginning; thence southeasterly along said westerly line, 140 feet; thence northeasterly to the east line of said Government Lot 2 at a point 200 feet south of the northeast corner of said Government Lot 2; thence north along said east line to a point 150 feet south of the northeast corner of said Government Lot 2; thence southwesterly to the true point of beginning; Together with a permanent easement for ingress and egress over the following described property: The north 30 feet of the northeast quarter of the northwest quarter; the west 30 feet of the northeast quarter of the northwest quarter; the north 30 feet of the southwest quarter of the northwest quarter; the north 30 feet of the west 30 feet of the southeast quarter of the northwest quarter; and the north 30 feet of Government Lot 1, all in Section 7, Township 19 North, Range 1 East, W.M., in Pierce County, Washington; And together with a permanent non-exclusive easement over a strip of land 60 feet in width, the east line of which is described as follows: Beginning at the northeast corner of Government Lot 2, Section 12, Township 19 North, Range 1 West, W.M., in Pierce County, Washington; thence south along the east line of said Government Lot 2 to a point 775 feet south of the northeast corner of said Government Lot 2, said point being the terminus of said line; Except that portion thereof lying within the main tract, above. And together with a permanent non-exclusive 15-foot easement for ingress and egress to the beach, the south line of which is described'as follows: Beginning at the northeast corner of Government Lot 2, Section 12, Township 19 North, Range 1 West, W.M., in Pierce County, Washington; thence south along the east line of said Government Lot 2, 300 feet to the true point of beginning of said line; thence southwesterly to a point on the west line of said Government Lot 2, which point is 730 feet south of the northwest corner of said Government Lot 2, said point also being the southwesterly corner of that certain tract of land conveyed to James W. Boudwin, et ux, by instrument recorded October 25, 1968, under Recording No. 2265194, and the terminus of said line AS IN SAID DEED OF TRUST (REVISED 01/28/2015 AS SET FORTH BELOW) AND DESCRIBED ABOVE. Commonly known as: 11602 150th Avenue, Anderson Island, WA 98303 The afore-described real property is now subject to that certain Deed of Trust dated June 3, 2005, recorded on June 6, 2005, under Auditor's file number 200506060609, records of Pierce County, Washington from Mark Garry and Andrea Garry, husband and wife, as Grantor to Rainier Title Company, as Trustee, with James M. Kristof, P.S., as Successor Trustee, to secure an obligation in favor of David J. Tuss, a single person, as Beneficiary, and which was reformed by Order of Default Judgment entered and filed by the Superior Court of Washington for Pierce County on January 28, 2015, under cause number 14-2-10428-1. A. Time and Place of Sale: Time: 9:30 a.m. on November 18, 2016 Place: Main Entrance of Pierce County Courthouse 930 Tacoma Avenue South Tacoma, Washington 98402 B. Parties in the Deed of Trust: Grantors: Mark Garry and Andrea Garry, husband and wife Trustee: Rainier Title Company Successor Trustee ("Trustee" herein): James M. Kristof, P.S. Beneficiary: David J. Tuss C. Deed of Trust Information: Date: June 3, 2005 Recording Date: June 6, 2005 Recording Number: 200506060609 Recording Place: Pierce County Auditor Date Deed of Trust Reformed: January 28, 2015 Cause No. of Default Judgment Reforming Deed of Trust: 14-2-10428-1 No action commenced by the Beneficiary of the Note and Deed of Trust is now pending to seek satisfaction of the obligation in any court by reason of the Grantor's default on the obligation secured by the Deed of Trust. The Beneficiary alleges default of the Deed of Trust for the failure to pay the following amounts now in arrears and/or other defaults for which this foreclosure is made, to wit: Currently Due to Reinstate on August 15, 2016: $62,422.45 A. Arrearages: Dates of Payments Due: 06/01/12 (partial payment of $500.00); all monthly payments from 07/01/12 through 08/01/16 50 payments @ $852.72 = $42,636.00 + 1 $852.72 payment less $352.72 (06/01/12) = $43,136.00 Dates of Late Fees Due: 04/17/07; 01/17/08; 02/22/08; 03/17/08; 04/18/08; 05/23/08; 10/24/08; 11/20/08; 12/22/08; 01/23/09; 02/24/09; 03/20/09; 04/26/09; 05/26/09; 07/22/09; 11/17/09; 01/19/10; 05/17/11; 09/17/11; 10/20/11; 11/20/11; 12/22/11; 01/21/12 through 07/17/16 77 late charges @ $42.64 = $3,283.28 SUBTOTAL: $ 46,419.28 B. General Taxes: Payment of the following general taxes and penalties was not made pursuant to terms of the Promissory Note secured by the Deed of Trust: 2010 general taxes and penalties . . . $ 3,110.86 2011 general taxes and penalties . . . . . . . . . . . . . . . . . . . . . $ 2,784.56 2012 general taxes and penalties . . . . . . . . . . . . . . . . . . . . $ 2,870.69 2013 general taxes and penalties . . . . . . . . . . . . . . . . . . . . . $ 1,617.59 2014 general taxes and penalties . . . . . . . . . . . . . . . . . . . . . $ 1,283.47 2015 general taxes and penalties . . . . . . . . . . . . . . . . . . . . . $ 1,315.80 2016 general taxes and penalties . . . . . . . . . . . . . . . . . . . . . $ 645.20 TOTAL general taxes and penalties in arrears: . . . . .. . . . . . . . $13,628.17, plus interest. Subtotal Including Delinquent Amounts, Late Charges, and General Taxes in Arrears:$60,047.45 D. Trustee's Expenses (estimated amounts): In addition to the amounts in arrears specified above, you are or may be obligated to pay the following estimated charges, costs and fees to reinstate the Deed of Trust. Attorney's Fees and Trustees Fees: $ 1,500.00 Title Report: $ 600.00 Recording Fees: $ 80.00 Posting/Service: $ 125.00 Postage/Photocopies: $ 70.00 TOTAL CURRENT ESTIMATED REINSTATEMENT AMOUNT ON AUGUST 15. 2016: $62,422.45 The estimated amounts that will be due to reinstate on November 7, 2016 (11 days before the sale date): Additional Arrearages: Dates of Payments Due: 09/01/16; 10/01/16; 11/01/16 3 payments @ $852.72 = $2,558.16 Dates of Late Fees Due: 08/17/16; 09/17/16; 10/17/16; 11/17/16 4 late charges @ $42.64 = $170.56 Subtotal of Additional Arrearages: $2,728.72 Additional Costs and Fees: Additional Trustee's or Attorney's Fees: $1,000.00 Publication Costs: $1,965.00 Subtotal of Additional Costs and Fees: $5,693.72 TOTAL ESTIMATED REINSTATEMENT AMOUNT AS OF NOVEMBER 7, 2016 (11 DAYS BEFORE THE SALE DATE): $68,116.72 The sum owing on the obligation secured by the Deed of Trust is: $114,370.27 together with interest as provided in the underlying Note, secu
red from the 3rd day of June, 2005, and such other costs and fees as are due under the Note and Deed of Trust and as are provided by statute. Of course, as time passes other payments may become due, and any further payments coming due and any additional late charges must be added to the reinstating payment. Any new defaults not involving payment of money that occur after the date of this notice must also be cured in order to effect reinstatement. In addition, because some of the charges can only be estimated at this time and because the amount necessary to reinstate may include presently unknown expenditures required to preserve the property, or to comply with state or local laws, it is necessary for you to contact the Trustee before the time you tender reinstatement so that you may be advised of the exact amount you will be required to pay. Tender of payment or performance must be in the full amount by certified funds or case equivalent to the Trustee whose address is: James M. Kristof, P.S. Island Corporate Center, Suite 360 7525 S.E. 24th Street Mercer Island, WA 98040 Telephone (206) 275-0770 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 November 18, 2016. The default(s) referred to above must be cured by November 7, 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 November 7, 2016 (11 days before the sale date) the default(s) as set forth above is/are cured and the Trustee's fees and costs, including the Trustee's reasonable attorney's fees, are paid. The sale may be terminated any time after November 7, 2016 (11 days before the sale date) and before the sale by payment by the Borrower, Grantor, any Guarantor, and successor in interest, or by 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, plus the Trustee's fees and costs including the Trustee's reasonable attorney's fees, and curing all other defaults. This is an attempt to collect a debt and any information obtained will be used for that purpose. A written Notice of Default was transmitted by the Beneficiary or Trustee to the Grantors or the Grantors' successor in interest at the following addresses: MARK GARRY and ANDREA GARRY, husband and wife (Borrowers & Grantors) 2144 Fallsburg Way Henderson, NV 89002-3631 MARK GARRY and ANDREA GARRY, husband and wife (Borrowers & Grantors) 9205 Kootenai Avenue Anderson Island, WA 98303 MARK GARRY and ANDREA GARRY, husband and wife (Borrowers & Grantors) 11602 150th Avenue Anderson Island, WA 98303 by both first class and certified mail as set forth below, proof of which is in the possession of the Trustee; and the Borrower(s), Grantor(s), or any successor in interest was (were) personally served with said written Notice of Default, or the written Notice of Default was posted in a conspicuous place on the real property described herein, as set forth below, and the Trustee has possession of proof of such service or posting. DATE OF MAILING: July 1, 2016 DATE OF POSTING: July 8, 2016 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. Such request should be made in writing to the Trustee at the address listed below. The effect of the sale will be to deprive the Grantors and all those who hold by, through or under the Grantors of all their interest in the above-described property. 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 lawsuit may result in a waiver of any proper grounds for invalidating the Trustee's Sale. Service of process of any lawsuit or legal action may be made on the Trustee whose name and address appear hereinbelow. 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 tenants. After the 20th day following the sale, the purchaser has the right to evict occupants and tenants by summary proceedings under the unlawful detainer act, chapter 59.12 R.C.W. Notice to Guarantor: 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. 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 cost. 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. The Guarantor will have no right to redeem the property after the Trustee's Sale. Any action 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 (subject to such longer periods as are provided in R.C.W. 61.24). DATED: 8/12/16 JAMES M. KRISTOF, P.S. Trustee By: /s/James M. Kristof, WSBA #9317 Island Corporate Center, Suite 360 7525 S.E. 24th Street Mercer Island, WA 98040 Telephone (206) 275-0770 STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this 12th day of August, 2016, before me personally appeared James M. Kristof, to me known to be the president of James M. Kristof, P.S., who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. /s/Robert D. Jones Name) Robert D. Jones NOTARY PUBLIC in and for the state of Washington, residing at: Seattle, King County Washington My commission expires: 2-24-19. IDX-717176 October 18, November 8