Re: Downs, Terrence & Debra NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24, ET.SEQ. TO: Terrence S. Downs Occupants Debra L. Downs I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, Rainier Foreclosure Services, Inc., will on AUGUST 2, 2013 , at the hour of 10:00 a.m., outside the 2nd Floor Entry Plaza, CountyCity Building, 930 Tacoma Avenue S., Tacoma, WA 98402, in the City of Tacoma, 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: LOT 1, PIERCE COUNTY SHORT PLAT NO. 9909085005, ACCORDING TO THE SHORT PLAT THEREOF RECORDED SEPTEMBER 8, 1999, WHICH SUPERCEDES SHORT PLAT RECORDED UNDER RECORDING NUMBER 9707080510, IN PIERCE COUNTY, WASHINGTON; TOGETHER WITH AN EASEMENT OVER THE PRIVATE ROADS AS DELINEATED ON THE FACE OF THE SHORT PLAT. (Tax Parcel No. 0619-18-6-008) the postal addresses of which are more commonly known as: 206 Eleanor Court N. , South Prairie, WA 98385 which is subject to that certain Deed of Trust dated July 11, 2008, recorded July 18, 2008, under Auditor's File No. 200807180255, records of Pierce County, Washington, from Terrence S. Downs and Debra L. Downs, as husband and wife, as Grantor, to Pacific NW Title Co. Pierce County, as original Trustee, to secure an obligation in favor of Frontier Bank, as beneficiary. Union Bank, N.A., as successor in interest to the Federal Deposit Insurance Corporation, as Receiver for Frontier Bank, is the current holder of the obligation and beneficiary under the deed of trust. 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 or Grantor's default on the obligation secured by the Deed of Trust. III. The Default for which this foreclosure is made is as follows: Failure to pay when due the following amounts which are now in arrears: Monthly payments under PROMISSORY NOTE: 35 monthly payments in the amount of $3,485.83 each:^$122,004.05 Accrued Late Charges:^$ 6,623.02 Appraisal Fees:^$3,500.00 Flood Determination Fee:^$14.00 TOTAL AMOUNT DUE:^$132,141.07* *plus all applicable additional advances, attorney's fees and costs and trustee's fees and costs incurred to the date of sale, Default other than failure to make payments: Delinquent Real Estate Property Taxes for 2011 and 2012, in the amounts of $10,114.89, and $9,149.41, respectively, plus applicable interest and penalties. IV. The sum owing on the obligation secured by the Deed of Trust is $485,768.97, together with interest as provided in the note or other instrument secured from May 15, 2010, 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 said Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on the 2nd day of August, 2013. The defaults referred to in paragraph III must be cured by the 15th day of July, 2013 (the note maturity date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before the 15th day of July, 2013 (the note maturity 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 the 15th day of July, 2013 (the note maturity date), by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance paying the unpaid principal and interest 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 Trustee to the Borrower or Grantor at the following addresses: Terrence S. Downs Debra L. Downs At: P.O. Box 320 South Prairie, WA 98385 Terrence S. Downs Debra L. Downs At: 206 Eleanor Court N. South Prairie, WA 98385 Terrence S. Downs Debra L. Downs At: 26001 143rd Street Court E. Buckley, WA 98321 by both first class and certified mail on March 5, 2013, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on March 6, 2013, with said written Notice of Default or the Notice of Default was posted in a conspicuous place on the real property described in paragraph I above, and the Trustee has in his possession proof of such service or posting. VII. The Trustee whose name and address is 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 R.C.W. 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. NOTICE TO GUARANTORS: Any guarantor of the obligation secured by the deed of trust 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. All guarantors have the same rights to reinstate the debt, cure the default or repay the debt as is given to the Grantor and Borrower in order to avoid the trustee's sale. Any guarantor will have no right to redeem the property after the trustee's sale. 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 same debt. In any action for a deficiency, a 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 the guarantor's 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 interests 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. DATED April 29, 2013. RAINIER FORECLOSURE SERVICES, INC., Successor Trustee By: THOMAS S. LINDE, Vice President Rainier Foreclosure Services, Inc. c/o SCHWEET RIEKE & LINDE, PLLC 575 S. Michigan Street Seattle, WA 98108 (206) 275-1010 July 3, 24