Re: Cornell, John B. Grantor: Davies Pearson, P.C. (Successor Trustee) Grantee: John B. Cornell (Grantor of Deed of Trust) Beneficiary: Duane D. Johnston Legal Description (abbreviated): POR LOTS 1 and 2, SEC 35, TWN 21 R 01, QTR 32 Tax Parcel ID: 0121357014 Reference Nos. of Document: 201408150043NOTICE OF TRUSTEE'S SALE Pursuant to the Revised Code of Washington Chapter 61.24, et. seq. I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 20th day of February, 2015, at the hour of 10 o'clock a.m. at the County-City Building, 930 Tacoma Ave. S., outside of the 2nd floor entrance, City of Tacoma, County of Pierce, State of Washington, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real properties, situated in the County of Pierce, State of Washington, to-wit: EXHIBIT 'A' LEGAL DESCRIPTION SECTION 35 TOWNSHIP 21 NORTH RANGE 01 QUARTER 32: DBLR 88-11-10-0440 THOSE POR OF L 1 & 2 S P 80-12-02-0225 DESC AS FOLL COM AT SWLY COR OF L 3 SD S P TH N 45 DEG 14 MIN E 325 FT TO POB TH CONT N ALG SAME BEARING 776.67 FT TO THE C/L OF VAC NORTH SHORE BLVD TH S 64 DEG 26 MIN 25 SEC E ALG SD C/L 77.83 FT TH CONT ALG SD C/L & THRU A C TO R WITH A RADIUS PT BEARING S 25 DEG 33 MIN 35 SEC W 308.48 FT & HAVING A CENTRAL ANGLE OF 16 DEG 35 MIN 56 SEC FOR AN ARC LENGTH OF 89.37 FT TH S 47 DEG 50 MIN 29 SEC E 2.69 FT TH S 25 DEG 27 MIN 41 SEC W 88.56 FT TH S 23 DEG 48 MIN 34 SEC W 54.55 FT TH S 75 DEG 12 MIN 23 SEC W 61.02 FT TH S 38 DEG 49 MIN 44 SEC W 375.22 FT TH S 88 DEG 16 MIN 16 SEC W 274.41 FT TH S 53 DEG 58 MIN 36 SEC W 39.84 FT TH N 63 DEG 14 MIN 55 SEC W 28.12 FT TO POB TOG/W ANY POR OF VAC NORTH SHORE BLVD DESC PER DBLR ALSO L 4 S P 91-07-020462 AMEND TO S P 80-12-020225 TOG/W TDLDS ABUTT SUBJ TO & TOG/W EASE OF REC OUT OF 7-012 SEG Z-0903 HW RJ DC3056HW4-4-89 DC5926MD3/ 2592BO Pierce County Assessor Number 0121357014 the postal address of which is more commonly known as 343 Fox Isle Boulevard, Fox Island, Washington 98333, which is subject to that certain Deed of Trust dated November 27, 2013, recorded August 15, 2014, under Auditor's File No. 201408150043, records of Pierce County, Washington, from John B. Cornell, as Grantor, to Charles D. Goodrow, as Trustee, to secure an obligation in favor of Duane D. Johnston, as Beneficiary. II. No action commenced by the Beneficiary of the Deed of Trust or the Beneficiary's successor 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 defaults for which this foreclosure is made are as follows: Failure to pay when due the following amounts which are now in arrears: Principal amount due: ^$82,000.00 Accrued interest November 27, 2013 through November 5, 2014: ^$9,219.95 Attorney and Trustee Fees: ^$1,650.00 SUBTOTAL: ^$92,869.95 IV. The sum owing on the obligation secured by the Deed of Trust is: Principal in the amount of $82,000.00, together with interest as provided in the note or other instrument secured from the 27th day of November, 2013, and such other costs and fees as are due under the notes 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 the 20th day of February, 2015. The default referred to in Paragraph III must be cured by the 9th day of February, 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 the 9th day of February, 2015 (11 days before the sale date), the default as set forth in Paragraph III is cured and the Trustee's fees and costs are paid. The sale may be terminated any time after the 9th day of February, 2015 (11 days before the sale date) and before the sale by the Grantor or the Grantor's successor in interest 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 Grantor or the Grantor's successor in interest at the following addresses: John B. Cornell 836 130th St Tacoma, WA 98445 John B. Cornell 343 Fox Isle Boulevard Fox Island, WA 98333 John B. Cornell PO Box 607 Gig Harbor, WA 98335-0607 John B. Cornell PO Box 7414 Tacoma, WA 98417 John B. Cornell 5800 Soundview Dr., #102 Gig Harbor, WA 98335 John B. Cornell 127 Main St. White Pass, WA 98361 by both first class and either registered or certified mail on the 2nd day of October, 2014, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on the 5th day of October, 2014 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 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 the Grantors 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 NON-RESIDENTIAL tenants by summary proceedings under chapter 59.12 RCW. For RESIDENTIAL tenant-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 GUARANTOR: 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 November, 2014. TRUSTEE: DAVIES PEARSON, P.C. /s/CHRISTOPHER J. MARTSON, WSBA # 30571 920 Fawcett Avenue P.O. Box 1657 Tacoma, WA 98402
Telephone: 253/620-1500 January 22, February 12