Re: Brutoski, Michelle Document Title: Notice of Trustee's Sale Grantor: Eisenhower Carlson, PLLC Grantee: Michelle J. Brutoski Legal Description: Lot 4, Pierce County LLD No. 8412030196 Reference No.: 9508140544 Tax Parcel No.: 0020092023; 5000058370 AMENDED NOTICE OF TRUSTEE'S SALE IssuedPursuant to RCW 61.24.040 I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on May 1, 2015, at the hour of 10:00 a.m. at the Pierce County Superior Courthouse, 2nd floor entrance, located at 930 Tacoma Avenue South, Tacoma, 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: Lot 4, PIERCE COUNTY LARGE LOT DIVISION NO. 8412030196, according to the Map thereof recorded December 3, 1984, in Pierce County, Washington. TOGETHER WITH an easement for private road and utilities, 60 feet in width, as delineated on said Large Lot Division No. 8412030196. EXCEPT that portion of said easement lying within the above described Lot 2. Together with all buildings, improvements, and tenements now or hereafter erected on the property, and all heretofore or hereafter vacated alleys and streets abutting the property, and all easements, rights, appurtenances, rents, royalties, mineral oil and gas rights and profits, water, water rights and water stock appurtenant to the property, and all of the estate, rights, title, claim, interest and demand whatsoever of the Borrower, either in law or equity, whether now owned or hereafter acquired, or, in and to the property, and all fixtures, machinery, equipment, engines, boilers, incinerators, building materials, appliances and goods of every nature whatsoever now or hereafter located in, or on, or used, or intended to be used in connection with the property, including, but not limited to, those for the purpose of supplying or distributing heating, cooling, electricity, gas, water, air and light; and all elevators, and related machinery and equipment, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, mirrors, cabinets, paneling, rugs, attached floor coverings, furniture, pictures, antennas, trees and plants. Tax Parcel No. 0020092023. the postal address of which is more commonly known as 2214 212th Ave KPS, Lakebay, WA 98349, which is subject to that certain Deed of Trust dated August 8, 1995 and recorded on August 14, 1995 with the Pierce County Auditor under Recording No. 9508140544, records of Pierce County, Washington, from Michelle J. Brutoski, a single person, as Grantor, to Puget Sound Title Insurance Company, as Trustee, to secure an obligation in favor of Pierce County Community Development Corporation, as Beneficiary; TOGETHER WITH the following described property, situated in the County of Pierce, State of Washington: mobile/manufactured home identified as 1980 SNDPT 66/14 (VIN ORFL1AA12382496), located at 2214 212th Ave KPS, Lakebay, WA 98349. Tax Parcel No.: 5000058370 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: a. Failure to pay the following amounts, which are due in full: 1) Principal balance as of December 31, 2014:^$17,648.96 2) Interest due as of December 31, 2014:^$7,867.67 3) Property taxes paid on October 7, 2014:^$7,562.91 4) Fees, Legal Fees and Expenses:^$3,042.23 TOTAL PAST DUE PAYMENTS:^$36,121.77 b. Defaults other than failure to make payments: Death of borrower. Failure to pay property taxes. IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $17,648.96 together with interest as provided in the Note or other instrument secured from August 8, 1995, 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 May 1, 2015. The defaults referred to in Paragraph III must be cured by April 20, 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 before April 20, 2015 (11 days before the sale date) the default(s) as set forth in Paragraph III is/are cured and the Trustee's fees and costs are paid. The sale may be terminated by the Grantors any time after April 20, 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 principal and interest secured by the Deed of Trust, plus costs, interest, late charges, fees and advances, if any, made pursuant to the terms of the obligations 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, Grantor, and/or Guarantor at the following addresses by both first class and certified mail, on July 18, 2014, proof of which is in the possession of the Trustee: Michelle J. Brutoski (Borrower/Grantor) 2214 212th Ave KPS Lakebay, WA 98349 Michelle J. Brutoski (Borrower/Grantor) P.O. Box 381 Lakebay, WA 98349 Heirs and Devisees of Michelle Brutoski Interested Party 4606 223rd St SW Mountlake Terrace, WA 980434136 A written Notice of Default was also transmitted by the Beneficiary or Trustee to the Borrower, Grantor, and/or Guarantor at the following addresses by both first class and certified mail, on November 18, 2014, proof of which is in the possession of the Trustee: The Estate of Michelle J. Brutoski 2214 212th Ave KPS Lakebay, WA 98349 The Estate of Michelle J. Brutoski PO Box 381 Lakebay, WA 98349 Skye Katherine Shisler 4606 223rd St SW Mountlake Terrace, WA 98043 Joseph R. Shisler 4606 223rd St SW Mountlake Terrace, WA 98043 Orion J. White 25010 98th Pl S., Apt. B303 Kent, WA 98030-6165 Eleonora T. White 25010 98th Pl S., Apt. B303 Kent, WA 98030-6165 Orion J. White 6224 Lake Washington Blvd NE Kirkland, WA 98033 Caleb White 220 N 4th St., Apt. 5 Klamath Falls, OR 97601 Caleb White 1235 E Fifth St., Apt 4 Carson City, NV 89701-5019 Catherine F. Beasley 220 N 4th St., Apt. 5 Klamath Falls, OR 97601 The written Notice of Default was also posted in a conspicuous place on the real property described in Paragraph I above on July 20, 2014. The Trustee has in Trustee's possession proof of such service/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 Grantors and all those who hold by, through or under Grantors, of all their interest in the above-described 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 AND NON-RESIDENTIAL tenants. After the 20th day following the sale the purchaser has the right to evict occupants AND NONRESIDENTIAL tenants by summary proceedings under chapter 59.12 RCW. For RESIDENTIAL tenan
t-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. RESIDENTIAL TENANT-OCCUPIED PROPERTY MEANS PROPERTY COMPRISED SOLELY OF A SINGLE-FAMILY RESIDENCE, OR A CONDOMINIUM, COOPERATIVE, OR OTHER DWELLING UNIT IN A MULTIPLEX OR OTHER BUILDING CONTAINING FEWER THAN FIVE RESIDENTIAL UNITS. XI. Notice to Guarantors If this Notice is being mailed or directed to any Guarantor, said Guarantor should be advised that: (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. DATED this 14th day of January, 2015. EISENHOWER AND CARLSON, PLLC Successor Trustee By: /s/Darren Krattli, Member Address: 1201 Pacific Avenue, Suite 1200 Tacoma, WA 98402 Phone: (253) 572-4500 STATE OF WASHINGTON): ss. COUNTY OF PIERCE) On this 14th day of January, 2015, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Eisenhower Carlson, PLLC, by and through Darren Krattli, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he signed and sealed the said instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. /s/Genipher Ayn Owens Notary Public in and for the State of Washington My Appointment Expires: November 20, 2017 April 1, 21