7021.15037 Grantors: Northwest Trustee Services, Inc. Bank of America, N.A. Grantee: Robert R. Magnani and Susane Magnani, husband and wife and Martin H. Spencer and Josephine I. Spencer, husband and wife Ref to DOT Auditor File No.: 200510250278 Tax Parcel ID No.: 8035-005-2040005 Abbreviated Legal: UNIT E-204, SUNN FJORD, PHASE II, VOL. 4, P. 16-82, KITSAP COUNTY Notice of Trustee's Sale Pursuant to the Revised Code of Washington 61.24, et seq. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME You have only 20 DAYS from the recording date of this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help. SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission Telephone: Toll-free: 1-877894-HOME (1-877-8944663). Web site: http:// www.dfi.wa.gov/consumers/homeownership/ post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development Telephone: Tollfree: 1-800-569-4287. Web site: http://www.hud.gov/ offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys Telephone: Toll-free: 1-800-606-4819. Web site: http://nwjustice.org/what-clear. I. On June 21, 2013, at 10:00 a.m. under the covered area at the front entrance to the Administration Building, 619 Division Street Port Orchard, WA 98366 in the City of Port Orchard, State of Washington, the undersigned Trustee (subject to any conditions imposed by the Trustee) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property "Property", situated in the County(ies) of KITSAP, State of Washington: The following apartment of the Condominium, according to Survey Map, Set of Plans, and Condominium Declaration: Subject, however, to possible partial defeasance of this undivided interest in the common areas and facilities upon inclusion of any subsequent phases to the Condominium by recorded subsequent phases as provided in the Condominium Declaration described above: Together with that pro-rata portion of the Declarant's interest in the common areas and facilities of the property in any subsequently added phases as provided in the Condominium Declaration described above: Condominium: SUNN FJORD (PHASE II THROUGH VIII) Volume: 4 Pages: 16 THROUGH 82 Survey Maps and Plans Recording No.: 8408280120 Declaration Recording Number(s): 8012080079, AND AMENDED UNDER AUDITOR'S FILE NOS. 8103170069, 8107210076, 8110060075, 8110090040, 8112290060, 8207220048, 8408280119, 8408280121 AND 200501140006 Records of: Kitsap County, Washington Apartment No.: E-204 Phase No.: II Commonly known as: 1780 West Sunn Fjord Lane #E204 Bremerton, WA 98312 which is subject to that certain Deed of Trust dated 10/19/05, recorded on 10/ 25/05, under Auditor's File No. 200510250278, records of KITSAP County, Washington, from Robert R Magnani and Susane Magnani, husband and wife and Martin H Spencer and Josephine I Spencer, husband and wife, as Grantor, to LS Title of WA, as Trustee, to secure an obligation "Obligation" in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for Countrywide Home Loans, Inc., its successors and assigns, as Beneficiary, the beneficial interest in which was assigned by Mortgage Electronic Registration Systems, Inc. to Bank of America, N.A., Successor by Merger to BAC Home Loans Servicing, LP FKA Countrywide Home Loans Servicing, LP, under an Assignment/Successive Assignments recorded under Auditor's File No. 201201250243. *The Tax Parcel ID 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. 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 or Borrower's default on the Obligation secured by the Deed of Trust. III. The Beneficiary alleges default of the Deed of Trust for failure to pay the following amounts now in arrears and/or other defaults: Amount due to reinstate by 02/08/2013 Monthly Payments $9,450.30 Late Charges $396.48 Total Arrearage $9,846.78 Trustee's Expenses (Itemization) Trustee's Fee $1,000.00 Title Report $463.19 Statutory Mailings $60.00 Recording Costs $14.00 Postings $70.00 Total Costs $1,607.19 Total Amount Due: $11,453.97 Other known defaults as follows: IV. The sum owing on the Obligation is: Principal Balance of $76,659.24, together with interest as provided in the note or other instrument evidencing the Obligation from 09/01/11, and such other costs and fees as are due under the Obligation, and as are provided by statute. V. The Property will be sold to satisfy the expense of sale and the Obligation as provided by statute. The sale will be made without representation or warranty, express or implied regarding title, possession, encumbrances or condition of the Property on June 21, 2013. The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances costs and fees thereafter due, must be cured by 06/ 10/13 (11 days before the sale date), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before 06/10/13 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, is/are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after 06/10/13 (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 balance of 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): NAME AND ADDRESS Josephine I. Spencer 1780 West Sunn Fjord Lane #E-204 Bremerton, WA 98312 Martin H. Spencer 1780 West Sunn Fjord Lane #E-204 Bremerton, WA 98312 Susane Magnani 1780 West Sunn Fjord Lane #E-204 Bremerton, WA 98312 Robert R. Magnani 1780 West Sunn Fjord Lane #E204 Bremerton, WA 98312 Josephine I. Spencer 3019 18th Avenue Court Northwest Gig Harbor, WA 98335 Martin H. Spencer 3019 18th Avenue Court Northwest Gig Harbor, WA 98335 Susane Magnani 3019 18th Avenue Court Northwest Gig Harbor, WA 98335 Robert R. Magnani 3019 18th Avenue Court Northwest Gig Harbor, WA 98335 Josephine I. Spencer 4121 76th Avenue Court Northwest Gig Harbor, WA 98335 Martin H. Spencer 4121 76th Avenue Court Northwest Gig Harbor, WA 98335 Susane Magnani 4121 76th Avenue Court Northwest Gig Harbor, WA 98335 Robert R. Magnani 4121 76th Avenue Court Northwest Gig Harbor, WA 98335 by both first class and certified mail, return receipt requested on 12/27/12, proof of which is in the possession of the Trustee; and on 12/27/12 Grantor and Borrower were personally served with said written notice of default or the written notice of default was posted on 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 co
sts and trustee's 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 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. 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. The trustee's rules of auction may be accessed at www.northwesttrustee.com and are incorporated by this reference. You may also access sale status at www.northwesttrustee.com and www.USA-Foreclosure.com. EFFECTIVE: 02/ 08/2013 Northwest Trustee Services, Inc., Trustee Authorized Signature P.O. BOX 997 Bellevue, WA 98009-0997 Contact: Winston Khan (425) 5861900. (TS# 7021.15037) 1002.237984-File No. May 24, June 14