Re: Day, Michael & Crystal Document Title: NOTICE OF TRUSTEE'S SALE Grantor: Daniel J. Miller Jr. Grantees: Michael E. Day and Crystal L. Day, Husband and Wife Abbreviated Legal Description: S 03 T 17 R 03 Q 32 Lot 1 of ROS 200406-15-5001 Legal Description on Page: 1 Assessor's Tax Parcel No.: 0317033048 NOTICE OF TRUSTEE'S SALE Pursuant to the Revised Code of Washington, Chapter 61.24 RCW: I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on September 20, 2013, at the hour of 10:00 a.m. at the following location: City County Building, 930 Tacoma Ave. South, Tacoma, WA 98402, (outside of the 2nd floor entry plaza) 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, to wit: LOT 1 OF HAROLD CONWELL TESTAMENTARY DIVISION, RECORDED JUNE 15, 2004 UNDER RECORDING NO. 200406155001, IN PIERCE COUNTY, WASHINGTON. Tax Parcel Number: 0317033048 The afore-described real property is subject to that certain Deed of Trust dated April 20, 2012, recorded April 24, 2012, under Auditor's File No. 201204240628, records of Pierce County, State of Washington from MICHAEL E. DAY AND CRYSTAL L. DAY, HUSBAND AND WIFE, as Grantor(s) to CHICAGO TITLE COMPANY, as original Trustee, to secure an obligation in favor of CRAIG W. HERBRAND AND CINDY A. HERBRAND, HUSBAND AND WIFE, the 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 or any successor in interest's default on the obligation secured by the Deed of Trust. III. The default(s) for which this foreclosure is made are as follows: Failure to pay the following past-due amounts, which are in arrears: Six (6) monthly payments of $620.00 each: (December 24, 2012 through May 24, 2013)^$ 3,720.00 Six (6) late charges of $31.00 each^$ 186.00 TOTAL ARREARAGE^$ 3,906.00 Trustee's Expenses Trustee's Fee^$ 1,000.00 Title Report^$ 600.00 Postal Costs^$ 30.00 Recording Costs^$ 76.00 Postings^$ 120.00 TOTAL COSTS^$ 1,826.00 Other known defaults as follows: Payment of 2013 Pierce County general taxes due May 1, 2013, in the amount of $428.70, plus interest and penalties which may apply. Total current estimated reinstatement amount:^$5,732.00 IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $49,780.91, together with interest as provided in the underlying Note from the day of December 25, 2012, and such other costs and fees as are due under the Note and Deed of Trust and as are provided by statute. Of course, as time passes other payments may become due, and any further payments coming due and any additional late charges must be added to the reinstating payment. Any new defaults not involving payment of money that occur after the date of this notice must also be cured in order to effect reinstatement. In addition, because some of the charges can only be estimated at this time and because the amount necessary to reinstate may include presently unknown expenditures required to preserve the property, or to comply with state or local laws, it is necessary for you to contact the Trustee before the time you tender reinstatement so that you may be advised of the exact amount you will be required to pay. Tender of payment or performance must be in the full amount by certified funds or cash equivalent to the Trustee whose address is: Campbell & Miller, PLLC 7117 Stinson Ave., Suite B Gig Harbor, WA 98335 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 20, 2013. The default(s) referred to in paragraph III must be cured by September 9, 2013 (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 September 9, 2013 (11 days before the sale date) 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 September 9, 2013 (11 days before the sale date) and before the sale by the Borrower, Grantor, any Guarantor, any 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. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VI. A written Notice of Default was transmitted by the Trustee to the Borrower, Grantor(s), and any successor at the following addresses: Michael & Crystal Day P.O. Box 572 Toledo, WA 98591 Michael & Crystal Day 29805 8th Ave. E. Roy, WA 98580 by both first class and certified mail on May 8, 2013, proof of which is in the possession of the Trustee; and on May 9, 2013, the Borrower, Grantor, and any successor in interest were personally served 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 Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property. IX. Anyone having an objection to the sale on any grounds whatsoever are afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to the Revised Code of Washington, Chapter 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee's Sale. FAIR DEBT COLLECTION PRACTICES ACT NOTICE UNLESS YOU NOTIFY THIS OFFICE WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME THIS DEBT IS VALID. IF YOU NOTIFY THIS OFFICE OF ANY SUCH DISPUTE IN WRITING 30 DAYS FROM RECEIVING THIS NOTICE, THIS OFFICE WILL OBTAIN VERIFICATION OF THE DEBT OR OBTAIN A COPY OF A JUDGMENT, IF ANY, AND WILL MAIL YOU A COPY OF SUCH VERIFICATION OR JUDGMENT. IF REQUESTED BY YOU IN WRITING WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE, THIS OFFICE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. ANY SUCH REQUEST MAY NOT PREVENT US FROM FILING A LAWSUIT, OR FROM PROCEEDING WITH A LAWSUIT, IF ONE HAS BEEN FILED, WITHIN THE ABOVE TIME PERIODS. DATED: June 10, 2013 Daniel J. Miller Jr. WSBA #44413 CAMPBELL & MILLER, PLLC 7117 Stinson Ave, Ste B Gig Harbor, WA 98335 (253) 514-8467 Trustee STATE OF WASHINGTON) COUNTY OF PIERCE )ss. I certify that I know or have satisfactory evidence that DANIEL J. MILLER JR. is the person who appeared before me, and said person acknowledged that he signed this document and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the document. Date: 6/10/13 CAROLINE CAMPBELL Notary Public in and for the state of Washington My Appointment Expires: 1-4-16 August 19, September 9