Re: Biller/MacLeod NOTICE OF TRUSTEE'S SALE Pursuant to the Revised
Published 7:00 am Tuesday, July 26, 2016
Re: Biller/MacLeod NOTICE OF TRUSTEE'S SALE Pursuant to the Revised Code of Washington, Chapter 61.24 RCW: I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, J. Richard McEntee, Jr., will on Friday, August 5, 2016, at 10:00am at the following location: at the 2nd floor entry plaza outside the Pierce County Courthouse, 930 Tacoma Avenue, Tacoma, Pierce County, State of Washington, sell at public auction to 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 B, as shown on Boundary Line Adjustment recorded under recording number 201103235005, filed with the Pierce County Auditor, in Pierce County, Washington. Assessor's Parcel Number: 4460000032 Commonly known as – 2720 Garfield Road, Tacoma, WA 98403. The afore-described real property is subject to that certain Deed of Trust dated July 27, 2011, and recorded on July 28, 2011 under Auditor's File No.201107280163, records of Pierce County, State of Washington from Kenneth C. Biller II, an unmarried person, as Grantor to Chicago Title Insurance Company, a corporation, as Trustee, to secure an obligation in favor of Douglas A. MacLeod, a single person, as Beneficiary. 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, Grantor's or any successor in interest's default on the obligation secured by the Deed of Trust. III. The defaults for which this foreclosure is made are as follows: Failure to pay when due the following amounts which are now in arrears: Unpaid interest only payments in the amount of $4,000.00 each for the months of February and March 2016 totaling $8000.00 Late fees of $400.00 each for unpaid amounts in February and March 2016 totaling $800.00. Unpaid interest only payment for April and May 2016 at the default interest rate totaling $13,333.34. Late fees of $666.67 for the unpaid monthly payment in April 2016 totaling $666.67. Default interest at the rate of $219.18 per day from May 1, 2016 to May 4, 2016 totaling $876.72. Subtotal: $23,676.72 Costs and Fees In addition to the amounts in arrears specified above, at this time, you are or may be obligated to pay the following estimated charges, costs and fees to reinstate the Deed of Trust. Trustee's or Attorneys' Fees $1,150.00 Title Report $1,825.00 Posting of Foreclosure Notices $125.00 Recording Fees $ 100.00 Statutory Mailing Costs $ 75.00 Subtotal: $3,275.00 Total Current Estimated Arrearages, Costs, and Fees: $26,951.73 Defaults other than failure to make payments to Beneficiary: Failure to pay before delinquent payment of 2nd half 2015 general taxes of $6,132.71, for the real property described herein, pursuant to the terms of the secured promissory note and deed of trust. The general tax interest and penalties are currently $797.19. Failure to keep the property free and clear of liens or encumbrances, as required by the promissory note and deed of trust, by causing or allowing the state of Washington Department of Social and Health Services to file a Notice and Statement of Lien (Pierce County Auditors fee #201310250420) against the real property described herein. IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $800,000.00, together with interest as provided in the underlying Note and such other advances, costs and fees as are due under the Note and Deed of Trust and as are provided by statute. 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 cash equivalent to the Trustee whose mailing address is: J. Richard McEntee, Jr. 3800 Bridgeport Way W #A411 University Place, WA 98466 253.227.9894 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 August 5, 2016. The default(s) referred to in paragraph III must be cured by July 25, 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 July 25, 2016 (11 days before the sale date) the default(s) as set forth in paragraph III are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after July 25, 2016 (11 days before the sale date) and before the sale by the Borrower, Grantor, any Guarantor, any successor in interest, 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. This is an attempt to collect a debt and any information obtained will be used for that purpose. VI. A written Notice of Default was transmitted by the Trustee to the Borrower, Grantor, and any successor at the following addresses: Kenneth C. Biller II 2720 Garfield Road Tacoma, WA 98403 by both first class and certified mail on March 22, 2016 proof of which is in the possession of the Trustee; and on March 22, 2016 the Borrower, Grantor, and any successor in interest 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 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 an objection to the sale on any grounds whatsoever are afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to the Revised Code of Washington, Chapter 61.24.130. Failure to bring such a 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 Trustee, J. Richard McEntee, Jr., whose address is: 3632 Olympic Blvd W, University Place, WA. X. 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. DATED this 3 day of May 2016. J. Richard McEntee, Jr. 3632 Olympic Blvd W University Place, WA 98466 Trustee For further information please call J Richard McEntee, Jr. at 253.227.9894. STATE OF WASHINGTON )) ss: COUNTY OF PIERCE) I certify that I know or have satisfactory evidence that J. Richard McEntee, Jr. appeared before me and signed or acknowledged that he signed this instrument and on oa
th acknowledged it to be his free and voluntary act, for the uses and purposes mentioned in the instrument. DATED: May 3, 2016. Notary Public in and for the State of Washington Residing at My Appointment expires IDX-709247 July 6, 26
