Re: Cool/ Phillips/ VanDerPool NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24, ET. SEQ. TO: Leroy P. VanDerPool 33708 SR 706 E. Ashford, WA 98304 Traci B. VanDerPool 33708 SR 706 E. Ashford, WA 98304 Leroy P. VanDerPool P. O. Box 386 Ashford, WA 98304 Traci B.VanDerPool P. O. Box 386 Ashford, WA 98304 Leroy P. VanDerPool 2125 Fairway Dr. Billings, MT 59102 Traci B. VanDerPool 2125 Fairway Dr. Billings, MT 59102 Occupants 33708 SR 706 E. Ashford, WA 98304 Alaska Cascade Financial Services, Inc. c/o Michael L. Flynn (Attorney for Creditor) 2005 S.W. 356th St. Federal Way, WA 98023 Alaska Cascade Financial Services, Inc. P.O. Box 4162 Federal Way, WA 98063 ProBuild Company LLC c/o Alan J. Wertjes Wertjes Law Group 1800 Cooper Point Rd. S.W., Ste. 3 Olympia, WA 98502 American Contractors Indemnity Co. c/o Alexander A. Friedrich Williams Kastner & Gibbs, PLLC Two Union Square 601 Union St., Ste. 4100 Seattle, WA 98101 American Contractors Indemnity Co. c/o Paul K. Friedrich Yusen & Friedrich 215 N.E. 40th St., Ste. C-3 Seattle, WA 98105 Internal Revenue Service Local Advisory Group 915 Second Ave., M/S W245 Seattle, WA 98174 I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on the 3rd day of February, 2017, at the hour of 9:00 a.m., at Outside the Second Floor Entry Plaza Outside the Pierce County Courthouse, 930 Tacoma Avenue South, in the City of Tacoma, State of Washington, sell at public action 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: THE EAST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 15 NORTH, RANGE 6 EAST OF THE W.M., IN PIERCE COUNTY, WASHINGTON. EXCEPT THAT EAST 217.68 FEET; AND EXCEPT THAT PORTION WITHIN SR706. SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON. (commonly known as 33708 SR 706 East, Ashford, Pierce County, Washington 98304), which is subject to that certain Deed of Trust dated August 12, 2005, recorded on August 16, 2005, under Auditor's File No. 200508160394, records of Pierce County, Washington, from Leroy VanDerPool and Traci VanDerPool, as Grantors, to Nelson Legal Services, P.S., as Trustee, to secure an obligation in favor of Maybell H. Phillips, as original Beneficiary. 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 defaults for which this foreclosure is made are as follows: Failure to pay the following past due amounts, which are in arrears: Monthly Principal and Interest Note Payments through August 15, 2016: $128,335.93 Default Interest at 18% of Unpaid Principal from August 15, 2016 through Sep. 15, 2016: $1,871.16 TOTAL BALANCE, INTEREST AND LATE CHARGES: $130,207.09 IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $128,335.93, together with interest as provided in the note or other instrument secured from the 15th day of August 2016, and such other costs and fees as are due under the note or other instrument secured, and as 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 the 3rd day of February, 2017. The default(s) referred to in paragraph III must be cured by the 23rd day of January, 2017, to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before the 23rd day of January, 2017, 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 23rd day of January, 2017 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 addresses: Leroy P. VanDerPool 33708 SR 706 E. Ashford, WA 98304 Traci B. VanDerPool 33708 SR 706 E. Ashford, WA 98304 Leroy P. VanDerPool P. O. Box 386 Ashford, WA 98304 Traci B. VanDerPool P. O. Box 386 Ashford, WA 98304 Leroy P. VanDerPool 2125 Fairway Dr. Billings, MT 59102 Traci B. VanDerPool 2125 Fairway Dr. Billings, MT 59102 by both first class and certified mail on the 8th day of September, 2016, proof of which is in the possession of the Trustee; and the written Notice of Default was posted in a conspicuous place on the real property described in paragraph I above on the 10th day of September, 2016, and the Trustee has possession of proof of such posting. VII. The Trustee whose name and address are 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 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 tenants. After the 20th day following the sale the purchaser has the right to evict occupants and tenants by summary proceedings under the unlawful detainer act, chapter 59.12 RCW. XI. NOTICE TO GUARANTORS If the obligation secured by the deed of trust is a commercial loan, pursuant to Chapter 61.24 RCW, each and every guarantor is hereby given notice of the following: (1) You 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) You have 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) You 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, you 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 your liability for a deficiency to the difference between the debt and the greater of the fair value or the sale price paid at the Trustee's sale, plus interest and costs. DATED: October ___, 2016. MANO, McKERRICHER, & PAROUTAUD, INC., P.C., Trustee Bart J. Ricks, WSBA #42390 Address: P.O. Box 1123 Chehalis, WA 98532 Telephone: (360) 748-6641 Email: bart@chehalislaw.com IDX-736944 January 4, 25