1201.1134711 Baker, Robert Alvin & Janice Marie Reference Number(s) of Documents assigned or released: 200805201034 Document Title: NOTICE OF TRUSTEE'S SALE Grantor: Bishop, White, Marshall & Weibel, P.S. Grantee: Robert Alvin Baker and Janice Marie Baker, husband and wife Abbreviated Legal Description as Follows: PTN W 122 FT OF ELDREDGE'S HOMESTEAD CLAIM Assessor's Property Tax Parcel/ Account Number(s): 051932-2120 WE ARE A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF TRUSTEE'S SALE I NOTICE IS HEREBY GIVEN that the undersigned Bishop, White, Marshall & Weibel, P.S. will on October 12, 2012 at 10:00 am at the 2nd floor entry plaza outside the Pierce County Courthouse, 930 Tacoma Ave South, Tacoma, WA located at Pierce County, State of Washington, sell at public auction to the highest 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 Pierce County, State of Washington, to-wit; PARCEL A: THE NORTHEASTERLY 90 FEET OF THE FOLLOWING PROPERTY AS MEASURED ALONG THE SOUTHEASTERLY LINE AND AT RIGHT ANGLES THERETO DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF TACOMA STREET WITH WESTERLY RIGHT OF WAY LINE OF CALISTOGA AVENUE; THENCE ALONG SAID CENTER LINE OF TACOMA STREET NORTH 47 DEGREES 20 MINUTES WEST 122 FEET TO POINT O BEGINNING; THENCE SOUTH 42 DEGREES 40 MINUTES WEST 494 FEET; THENCE NORTH 47 DEGREES 20 MINUTES WEST 43.76 FEET TO WESTERLY BOUNDARY LINE OF ELDREDGE'S HOMESTEAD CLAIM; THENCE ALONG SAID WESTERLY BOUNDARY LINE NORTH 00 DEGREES 01 MINUTES EAST 90.62 FEET; THENCE NORTH42 DEGREES 40 MINUTES EAST 427.35 FEET TO INTERSECT SAID CENTER LINE OF TACOMA STREET; THENCE ALONG SAID CENTER LINE SOUTH 47 DEGREES 20 MINUTES EAST 105.05 FEET TO POINT OF BEGINNING EXCEPT: SOUTHEASTERLY 30 FEET THEREOF; ALSO EXCEPT: NORTHWESTERLY 20 FEET THEREOF USED FOR PRIVATE ROAD PURPOSES ALSO; EXCEPT: NORTHEASTERLY 30 FEET THEREOF FOR TACOMA STREET. PARCEL B: SOUTHWESTERLY 30 FEET OF NORTHEASTERLY 120 FEET OF NORTHWESTERLY 75.50 FEET OF THE FOLLOWING PROPERTY AS MEASURED ALONG SOUTHEASTERLY LINE AND AT RIGHT ANGLES THERETO DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF TACOMA STREET WITH WESTERLY RIGHT OF WAY LINE OF CALISTOGA AVENUE; THENCE ALONG SAID CENTER LINE OF TACOMA STREET NORTH 47 DEGREES 20 MINUTES WEST 122 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 42 DEGREES 40 MINUTES WEST 494 FEET; THENCE NORTH 47 DEGREES 20 MINUTES WEST 43.76 FEET TO THE WESTERLY BOUNDARY LINE OF ELDREDGE'S HOMESTEAD CLAIM; THENCE ALONG SAID WESTERLY BOUNDARY LINE NORTH 00 DEGREES 01 MINUTES EAST 90.62 FEET; THENCE NORTH 42 DEGREES 40 MINUTES EAST 427.35 FEET TO INTERSECT SAID CENTER LINE OF TACOMA STREET; THENCE ALONG SAID CENTER LINE SOUTH 47 DEGREES 20 MINUTES EAST 105.05 FEET TO THE POINT OF BEGINNING. EXCEPT: NORTHWESTERLY 20 FEET THEREOF USED FOR PRIVATE ROAD PURPOSES. SITUATE IN THE COUNTY OF PIERCE AND STATE OF WASHINGTON. which is subject to that certain Deed of Trust dated April 17, 2008, recorded May 20, 2008, under Auditor's File No. 200805201034 records of Pierce County, Washington, from Robert Alvin Baker and Janice Marie Baker, husband and wife, as Grantor, to U.S. Bank Trust Company, National Association, as Trustee, to secure an obligation in favor of U.S. Bank, National Association N.D. as beneficiary. The sale will be made without any warranty concerning the title to, or the condition of the property. 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 Grantor's default on the obligation secured by the Deed of Trust. III The default(s) for which this foreclosure is made is/are as follows: i) Failure to pay the following amounts, now in arrears: Delinquent Monthly Payments Due from 1/20/2011 through 7/1/2012: 6 payment(s) at $813.30 2 payment(s) at $813.31 1 payment(s) at $734.60 4 payment(s) at $787.07 1 payment(s) at $811.44 1 payment(s) at $758.76 4 payment(s) at $811.08 Total: ^15,203.82 Accrued Late Charges: ^$150.00 BPO ^290.00 NSF fee ^25.00 Title Work ^85.00 Inspection/Prop. Pres. ^790.66 TOTAL DEFAULT ^$16,544.48 IV The sum owing on the obligation secured by the Deed of Trust is: $240,000.00, together with interest from December 1, 2010 as provided in the note or other instrument, 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. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on October 12, 2012. The payments, late charges, or other defaults must be cured by October 1, 2012 (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 October 1, 2012 (11 days before the sale date) the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, or other defaults, is/are cured and the Trustee's fees and costs are paid. Payment must be in cash or with cashier's or certified checks from a State or federally chartered bank. The sale may be terminated any time after October 1, 2012 (11 days before the sale date), and before the sale by the Borrower, Grantor, any Guarantor, 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 Trustee to the Borrower and Grantor at the following address(es): Robert Alvin Baker aka Robert A Baker 111 Tacoma Ave NW Orting, WA 98360 Janice Marie Baker aka Janice M Baker 111 Tacoma Ave NW Orting, WA 98360 Robert Alvin Baker aka Robert A Baker 920 Mountain Trail Rd Brinnon, WA 98320-9680 Janice Marie Baker aka Janice M Baker 920 Mountain Trail Rd Brinnon, WA 98320-9680 by both first class and certified mail on May 10, 2012, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on May 10, 2012, 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 1 above, and the Trustee has possession of proof of such service or posting. VII The Trustee whose name and address are set forth 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 Trustee's sale. 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. If the Trustee's Sale is set aside for any reason, the submitted bid will be forthwith returned without inter
est and the bidder will have no right to purchase the property. Recovery of the bid amount without interest constitutes the limit of the bidder's recourse against the Trustee and/or the Beneficiary. XI NOTICE TO ALL PERSONS AND PARTIES WHO ARE GUARANTORS OF THE OBLIGATIONS SECURED BY THIS DEED OF TRUST: (1)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; (2) 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; (3) The 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 same debt; and (5) 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 costs. EFFECTIVE DATE: July 12, 2012 BISHOP, WHITE, MARSHALL & WEIBEL, P.S., Successor Trustee By:/s/William L. Bishop, Jr. 720 Olive Way, Suite 1201 Seattle, WA 98101 (206)622-7527 State of Washington)ss. County of King) On this 11 day of July, 2012, before me, the undersigned a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared William L. Bishop, Jr., to me known to be an Officer of Bishop, White, Marshall & Weibel, P.S., the corporation that executed the 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 states that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Name: MIA E ROGERS NOTARY PUBLIC in and for the State of Washington at King County My Appt. Exp: 2/29/16 September 14, October 5