Re: Lantaff, Barbara Trustee No. 20192.030/JBH NOTICE OF TRUSTEE'S SALE
Published 7:00 am Wednesday, May 13, 2015
Re: Lantaff, Barbara Trustee No. 20192.030/JBH NOTICE OF TRUSTEE'S SALE Pursuant to the Revised Code of Washington Chapter 61.24, et seq. Grantor(s): Hillis Clark Martin & Peterson P.S., Successor Trustee RTI, LLC Grantee(s): Virginia M. Taft Trillium Trust Legal Description (abbreviated)*:Ptn of NW 1/4, NW 1/4, Sec 10, SW 1/4, SW 1/4, Sec 3, T20N, R3E, W.M. x Complete legal on EXHIBIT A Assessor's Parcel No(s)*: 2074350011 Reference No. of Related Documents: 201205240625 *The Assessor's Parcel Number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property's full legal description provided herein. I. NOTICE IS HEREBY GIVEN that the undersigned successor trustee will, on June 12, 2015, at the hour of 11:00 a.m., at the Second Floor Entry Plaza Outside Pierce County Courthouse, 930 Tacoma Ave South, Tacoma, Washington, sell at public auction to the highest and best bidder, payable at time of sale, the property, situated in the County of Pierce, State of Washington, as legally described on Exhibit A attached hereto (the "Property"). The Property is subject to (a) that certain Deed of Trust granted by BARBARA K. LANTAFF, as trustee of THE VIRGINIA M. TAFT TRILLIUM TRUST, as grantor, ("Borrower"), to CHICAGO TITLE COMPANY, as trustee, to secure an obligation in favor of LIBERTY CAPITAL LENDING, LLC, as beneficiary, ("Liberty Capital"), dated May 23, 2012, and recorded on May 24, 2012, under Recording No. 201205240625, records of Pierce County, Washington, (the "Deed of Trust"), and (b) the security agreement and fixture filing that is included within the Deed of Trust (the "Security Agreement"). The Deed of Trust was granted to secure a loan made to Borrower, as evidenced by a promissory note in the original principal amount of $405,000.00 (the "Loan"). Subsequent to the making of the Loan, Liberty Capital assigned all of its interest in the Loan to RTI, LLC, a Wyoming limited liability company (the "Beneficiary") pursuant to that Assignment of Deed of Trust recorded in the official records of Pierce County, Washington under Recording No. 201207120653. Hillis Clark Martin & Peterson P.S. is now "Successor Trustee" by reason of an Appointment of Successor Trustee recorded on March 6, 2015, under Recording No. 201503060344, records of Pierce County, Washington. II. No action commenced by the Beneficiary of the Deed of Trust and the secured party under the Security Agreement, or the Beneficiary's successor is now pending to seek satisfaction of the obligation in any Court by reason of the Borrower's default on the obligation secured by the Deed of Trust. III. The default for which this foreclosure is made is for failure to pay the Loan in full on or before February 25, 2013 (the "Maturity Date"). The following is an itemized summary of the amounts that are now in arrears: Matured principal balance:^ $360,588.00 Interest accruing at the default rate from 3/1/15 to 3/11/15:^ $2,370.99 Reconveyance fee:^$200.00 TOTAL AMOUNTS IN ARREARS:^ $363,158.99 IV. The sum owing on the obligation secured by the Deed of Trust and Security Agreement is: Principal balance, $360,588.00, together with interest as provided in the note or other instrument secured from March 1, 2015, and such other costs and fees as are due under the note or other instrument secured, and as are provided by statute. V. The Property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust and Security Agreement as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on June 12, 2015. The defaults referred to in paragraph III must be cured by June 1, 2015 (11 days before the sale) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before June 1, 2015 (11 days before the sale date) the default as set forth in paragraph III is cured and the Successor Trustee's fees and costs are paid. The sale may be terminated any time after June 1, 2015 (11 days before the sale) and before the sale by the Borrower, any Guarantor (defined below), 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 Successor Trustee to the Borrower and Guarantors at the following address(es): Barbara K. Lantaff, as Trustee of the Virginia M. Taft Trillium Trust 3676 Briar Hill Road Lexington, KY 40516-9731 Barbara K. Lantaff 3676 Briar Hill Road Lexington, KY 40516-9731 John Doe Lantaff Unknown Spouse of Barbara K. Lantaff 3676 Briar Hill Road Lexington, KY 40516-9731 by both first class and certified mail on November 3, 2014, proof of which is in the possession of the Successor Trustee; and the Borrower was personally served on November 4, 2014, 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 Successor Trustee has possession of proof of such service or posting. VII. The Successor 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 Borrower and all those who hold by, through or under the Borrower of all their interest in the 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. X. SPECIAL NOTICE TO GUARANTORS If any of the parties receiving this notice are guarantors of the obligations referenced above, each such guarantor (individually and collectively, "Guarantor") is hereby notified that: (1) 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; (2) 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 any trustee's sale; (3) 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 trustee's sale, or the last trustee's sale under any deed of trust granted to secure the obligations referenced above; and (5) in any action for a deficiency, 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 costs. XI. 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 chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060 and the Helping Families Save Their Homes Act of 2009. XII. THIS IS AN ATTEMPT TO COLLECT A
DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Sale status may be accessed at http://ts.hcmp.com. DATED this 11th day of March, 2015. HILLIS CLARK MARTIN & PETERSON P.S. By /s/Julie B. Hamilton Successor Trustee 1221 Second Avenue, Suite 500 Seattle, Washington 981012925 Telephone: (206) 623-1745 STATE OF WASHINGTON COUNTY OF KING)ss. I certify that I know or have satisfactory evidence that JULIE B. HAMILTON is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the representative of HILLIS CLARK MARTIN & PETERSON P.S., a Washington professional services corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 11 day of March 2015. Printed Name: Cheryl M. Koubik NOTARY PUBLIC in and for the State of Washington, residing at Kent, WA My Commission Expires June 15, 2017 Exhibit A Legal Description of property That portion of the Northwest quarter of the Northwest quarter of Section 10 and the Southwest quarter of the Southwest quarter of Section 03, Township 20 North, Range 3 East of the W.M., described as follows: Beginning at the intersection of the North right of way line of Puyallup Avenue and the West right of way line of River Street, according to the recorded Plat thereof; Thence Southwesterly along said North right of way line of Puyallup Avenue to the point of intersection with a curved line drawn concentric with and distant 17.0 feet Southeasterly of, as measured radially to, Burlington Northern Railroad Company's (formerly Northern Pacific Railway Company's) spur tract "A" center line, said spur track being said railroad company's most Easterly spur west of said River Street. Thence Northeasterly, along said curved line, concave to the Southeast to the point of intersection with said West right of way line of River Street; Thence Southwesterly along said West right of way line to the point of beginning. Together with the Westerly half of vacated River Street abutting thereon and attached thereto by operation of law, as vacated by the City of Tacoma Ordinance No. 23105 and recorded February 22, 1984 under recording no. 8402220184, except that portion of said premises conveyed by Statutory Warranty Deed recorded December 6, 2002 under recording number 200212060775. Situate in the City of Tacoma, County of Pierce, State of Washington; May 13, June 3
