3067.1435901 Anderson, Maxine R. and Richard H., 2014-0010337 Reference Number(s) of Documents assigned or released: 200702230064 Document Title: NOTICE OF TRUSTEE'S SALE Grantor: Bishop, Marshall & Weibel, P.S. Grantee: Richard H. Anderson and Maxine R. Anderson, Husband and Wife Abbreviated Legal Description as Follows: LOT 9 BLOCK 5 REPLAT OF TRACT "B" OF PLAT OF PARK HILL FIRST DIVISION VOL. 15/PG. 59 Assessor's Property Tax Parcel/Account Number(s): 672012-065-0 NOTICE: AS THE RESULT OF AN ORDER ENTERED IN A BANKRUPTCY PROCEEDING, RICHARD H ANDERSON AND MAXINE R ANDERSON MAY NOT BE PERSONALLY LIABLE FOR THE UNPAID BALANCE OF THE BELOW REFERENCED LOAN. HOWEVER, THE BENEFICIARY RETAINS A DEED OF TRUST DESCRIBED BELOW WHICH IS SUBJECT TO FORECLOSURE IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON. NOTICE: IF YOU ARE NOT PERSONALLY LIABLE TO PAY THIS OBLIGATION BY REASON OF A BANKRUPTCY PROCEEDING, THEN THIS NOTICE IS NOT AN ATTEMPT TO COLLECT A DEBT BUT IS INTENDED ONLY TO RELAY INFORMATION REGARDING YOUR DEED OF TRUST. NOTICE: IF YOU ARE PERSONALLY LIABLE TO PAY THIS OBLIGATION, WE WISH TO INFORM YOU THAT WE ARE A DEBT COLLECTOR. ANY INFORMATION YOU PROVIDE TO US WILL BE USED FOR THE PURPOSES OF FORECLOSING THE DEED OF TRUST MENTIONED BELOW. NOTICE OF TRUSTEE'S SALE I NOTICE IS HEREBY GIVEN that the undersigned Bishop, Marshall & Weibel, P.S. will on October 9, 2015 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 at the time of sale, the following described real property, situated in Pierce County, State of Washington, to-wit; LOT 9, BLOCK 5, REPLAT OF TRACT "B" OF PLAT OF PARK HILL FIRST DIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF PLATS, PAGE 59, IN PIERCE COUNTY, WASHINGTON. SITUATED IN THE COUNTY OF PIERCE AND STATE OF WASHINGTON. which is subject to that certain Deed of Trust dated February 7, 2007, recorded February 23, 2007, under Auditor's File No. 200702230064 records of Pierce County, Washington, from Richard H. Anderson and Maxine R. Anderson, Husband and Wife, as Grantor, to PRLAP, Inc., as Trustee, to secure an obligation in favor of Bank of America, N.A. as Beneficiary. Said Deed of Trust was assigned on January 14, 2013 to U.S. Bank National Association, as Trustee for the Certificateholders of the Banc of America Funding Corporation 2008-FT1, Mortgage Pass-Through Certificates, Series 2008-FT1 by an instrument recorded under Auditor's File No. 201301150234, on January 15, 2013. The Deed of Trust was reformed pursuant to a judgment entered on August 11, 2014 in Pierce County Superior Court case number 14-2-08328-4. 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: Amount due to reinstate by June 30, 2015 Delinquent Monthly Payments Due from 07/15/2009 through 06/15/ 2015: 37 payment(s) at $1,488.67 19 payment(s) at $2,249.11 16 payment(s) at $2,333.67 Total: ^$135,152.60 Corporate Advances ^$14,257.12 Attorney Fees ^$1,762.00 TOTAL DEFAULT ^$151,171.72 IV The sum owing on the obligation secured by the Deed of Trust is: $204,003.66, together with interest from June 15, 2009 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 9, 2015. The payments, late charges, or other defaults must be cured by September 28, 2015 (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 September 28, 2015 (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 with cashier's or certified checks from a State or federally chartered bank. The sale may be terminated any time after September 28, 2015 (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): See 'Mailing List' attached hereto and incorporated herein by this reference. by both first class and certified mail on April 2, 2015, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on April 2, 2015, 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 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 objections to this sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objection 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 interest 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 f
or 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. DATED: June 30, 2015 BISHOP, MARSHALL & WEIBEL, P.S. Successor Trustee By: William L. Bishop, Jr., Attorney 2001 Western Avenue Suite 400 Seattle, WA 98121 206-269-3490 State of Washington)) ss. County of King) On this _____ day of June, 2015, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned, personally appeared William L. Bishop, Jr., to me known to be a member of Weinstein & Riley, P.S., the law firm that executed the foregoing instrument and acknowledged the same instrument to be the free and voluntary act and deed of said law firm for the uses and purposes therein mentioned and on oath states that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Name: Darla Trautman NOTARY PUBLIC in and for the State of Washington at: King County My Appt. Exp: April 9, 2016 'Mailing List' Maxine R. Anderson 10913 Villa Ln SW Lakewood, WA 98499 Maxine R. Anderson 8210 Bridgeport Way SW Lakewood, WA 98499 Maxine R. Anderson 8228 Bridgeport Way SW Lakewood, WA 98499 Richard H. Anderson 10913 Villa Ln SW Lakewood, WA 98499 Richard H. Anderson 8210 Bridgeport Way SW Lakewood, WA 98499 Richard H. Anderson 8228 Bridgeport Way SW Lakewood, WA 98499 September 4, 25