Re: Smith, John & Kelly TS No WA08000282-14-1 APN 656500-0510 TO No 8425634 NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ. I. NOTICE IS HEREBY GIVEN that on December 5, 2014, 10:00 AM, in the second floor entry plaza outside the County Courthouse,930 Tacoma 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 cashier's 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: THE EAST 45 FEET OF LOT 6 IN BLOCK 6 OF ORTING, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS AT PAGE(S) 52, IN PIERCE COUNTY, WASHINGTON. APN: 656500-0510 More commonly known as 106 VARNER AVE SE, ORTING, WA 98360 which is subject to that certain Deed of Trust dated as of June 30, 2006, executed by JOHN A SMITH AND KELLY J SMITH, HUSBAND AND WIFE as Trustor(s), to secure obligations in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), as designated nominee for OWNIT MORTGAGE SOLUTIONS, INC., Beneficiary of the security instrument, its successors and assigns, recorded July 5, 2006 as Instrument No. 200607050424 and the beneficial interest was assigned to The Bank of New York Mellon FKA The Bank of New York as Trustee for the Benefit of the Certificateholders of the CWABS, Inc. Asset-Backed Certificates, Series 2006-BC5 and recorded July 7, 2011 as Instrument Number 201107070047 of official records in the Office of the Recorder of Pierce County, Washington. II. No action commenced by The Bank of New York Mellon FKA The Bank of New York as Trustee for the Benefit of the Certificateholders of the CWABS, Inc. AssetBacked Certificates, Series 2006BC5, 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 Grantors' default on the obligation secured by the Deed of Trust/Mortgage. Current Beneficiary: The Bank of New York Mellon FKA The Bank of New York as Trustee for the Benefit of the Certificateholders of the CWABS, Inc. Asset-Backed Certificates, Series 2006-BC5 Contact Phone No: 800643-0202 Address: 7360 S. KYRENE ROAD, MAIL STOP T111, TEMPE, AZ 85283 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 March 1, 2008 To July 22, 2014 Number of Payments 77 Monthly Payment $1,274.86 Total $98,164.22 LATE CHARGE INFORMATION March 1, 2008 July 22, 2014 77 $63.74 $4,907.98 PROMISSORY NOTE INFORMATION Note Dated: June 30, 2006 Note Amount: $176,000.00 Interest Paid To: February 1, 2008 Next Due Date: March 1, 2008 IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $175,322.06, 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 December 5, 2014. The defaults referred to in Paragraph III must be cured by November 24, 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 November 24, 2014 (11 days before the sale) the default as set forth in Paragraph III is cured and the Trustees' fees and costs are paid. Payment must be in cash or with cashiers' or certified checks from a State or federally chartered bank. The sale may be terminated any time after the November 24, 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, The Bank of New York Mellon FKA The Bank of New York as Trustee for the Benefit of the Certificateholders of the CWABS, Inc. Asset-Backed Certificates, Series 2006-BC5 or Trustee to the Borrower and Grantor at the following address(es): ADDRESS JOHN A SMITH 106 VARNER AVE SE, ORTING, WA 98360 JOHN A SMITH 23303 20TH AVE S, DES MOINES, WA 98198-7562 KELLY J SMITH 106 VARNER AVE SE, ORTING, WA 98360 KELLY J SMITH 23303 20TH AVE S, DES MOINES, WA 98198-7562 by both first class and certified mail on June 6, 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 Trustees' 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 on 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 might 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; Dated: July 22, 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) 409-7530 For Reinstatement/ Pay Off Quotes, contact MTC Financial Inc. DBA Trustee Corps TRUSTEE'S SALE INFORMATION CAN BE OBTAINED ONLINE AT www.insourcelogic.com. Order No. WA14-000093-1, Pub Dates 11/03/ 2014, 11/24/2014