Re: Davis, Gary Document Title: Notice of Trustee's Sale Grantor: Eisenhower Carlson PLLC Sunwest Bank, successor-in-interest to the FDIC as Receiver for Westside Community Bank, Beneficiary Grantee: Gary W. Davis Legal Desc.: Lots 9-10, Block 44, Cascade Park Add. To Tacoma, W.T., V1/P120 Reference DOT No.: 200610040835 Tax Parcel No.: 2890002770 NOTICE OF TRUSTEE'S SALE Issued Pursuant to RCW 61.24.040 I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on the 12th day of September, 2014 at the hour of 10:00 a.m. outside the second floor entrance to the Pierce County Courthouse located at 900 Tacoma Avenue South, Tacoma, Washington, 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: LOTS 9 AND 10, BLOCK 44, CASCADE PARK ADDITION TO TACOMA, W.T., ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 1 OF PLATS, PAGE 120, IN PIERCE COUNTY, WASHINGTON. the postal address of which is more commonly known as 4517 South Union Avenue, Tacoma, Washington 98409, which is subject to that certain Deed of Trust dated October 2, 2006 and recorded on October 4, 2006 with the Pierce County Recorder's Office under Recording No. 200610040835, from Gary W. Davis, as Grantor, to Pacific Northwest Title, as Trustee, to secure an obligation in favor of Sunwest Bank, successor-ininterest to the FDIC as Receiver for Westside Community Bank, 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 default for which this foreclosure is made is as follows: a. Failure to pay the following past due amounts, which are in arrears: Loan Number 153001714 Past due payments of $4,194.00 per month owing for February 15, 2014, March 15, 2014, April 15, 2014, and May 15, 2014:^$16,776.00 TOTAL PAST DUE PAYMENTS, INTEREST, AND MISCELLANEOUS COSTS:^$16,776.00 b. Defaults other than failure to make payments: Failure to pay Pierce County property taxes in the amount of $10,411.70 IV. The sum owing on the obligation secured by the Deed of Trust is: Principal of $598,962.89, together with interest as provided in the Note secured from December 1, 2010, and such other costs, fees and penalties 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 September 12, 2014. The defaults referred to in Paragraph III must be cured by September 1, 2014 (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 September 1, 2014 (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 Grantor any time after September 1, 2014 (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. The maximum lien secured by the Deed of Trust is $92,000.00. VI. A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrowers, Grantors and/or Guarantors at the following addresses: Gary W. Davis 1401 E. 57th Street Tacoma, WA 98404 Gary W. Davis 3560 S. Tyler St. Tacoma, WA 98499 Gary W. Davis 4517 South Union Avenue Tacoma, WA 98409 Gary W. Davis PO Box 9480 Tacoma, WA 98409 Occupant / Resident 4517 South Union Avenue Tacoma, WA 98409 by both first class and certified mail, on April 25, 2014, proof of which is in the possession of the Trustee; the written Notice of Default was also posted in a conspicuous place on the real property described in Paragraph I above on April 27, 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 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 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 5 day of June, 2014. EISENHOWER CARLSON PLLC Successor Trustee By: /s/Alexander Kleinberg, Member Address: 1201 Pacific Avenue, Suite 1200 Tacoma, WA 98402 Phone: (253) 572-4500 STATE OF WASHINGTON) ss. County of Pierce) I certify that I know or have satisfactory evidence that Alexander S. Kleinberg is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledge it as a Member of Eisenhower Carlson PLLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this 5th day of June, 2014. Name: /s/Jennifer K. Fernando Notary Public in and for the State of Washington, residing at: Bonney Lake My Appointment Expires: 10/21/ 14 August 13, September 2