Re: Donion, Paul & Stacey-NOTICE OF TRUSTEE’S SALE

Re: Donion, Paul & Stacey-NOTICE OF TRUSTEE’S SALE

Re: Donion, Paul & Stacey

NOTICE OF TRUSTEE’S SALE

PURSUANT TO THE REVISED CODE OF WASHINGTON

CHAPTER 61.24, ET SEQ.

TO: Paul M. Donion 3613 Olson Dr. NW

Gig Harbor, WA 98335

Stacey A. Donion

3613 Olson Dr. NW

Gig Harbor, WA 98335 TO: Other purported owners, junior lienholders or encumbrancers interested in the real property described below; and

TO: Tenants or occupants of the real property described below.

THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME.

You have only 20 DAYS from the recording date on this notice to pursue mediation.

DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help.

SEEKING ASSISTANCE

Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following:

* The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission.

Toll-free: 1-877-894-HOME (1-877-894-4663)

Web site: http://www.wshfc.org/buyers/counseling.htm

* The United States Department of Housing and Urban Development:

Telephone: 1-800-569-4287 Web site: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc

* The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys:

Toll-free: 1-800-606-4819

Web site: http://nwjustice.org/get-legal-help

If you filed bankruptcy or have been discharged in bankruptcy, this communication is not intended as an attempt to collect a debt from you personally, but is notice of default related to enforcement of the deed of trust lien against the property.

I.

NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on the 18th day of November, 2022, at the hour of 10:00 o’clock A.M., at the second floor entrance of the Pierce County-City Building, 930 Tacoma Ave., Tacoma, Washington 98402, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property, situated in Pierce County, State of Washington, to-wit:

Tract 5 of PIERCE COUNTY LARGE LOT SUBDIVISION NO. 8306010346, being a portion of the Northeast quarter of the Southeast quarter of Section 19, Township 21 North, Range 2 East of the W.M., in Pierce County, Washington.

Situate in the County of Pierce, State of Washington.

and commonly known as 3613 Olson Dr. NW, Gig Harbor, WA 98335.

and which is subject to that certain deed of trust, as amended from time to time (the “Deed of Trust”) dated November 16, 2007 and recorded on December 12, 2007 under Auditor’s File No. 200712120493, records of Pierce County, Washington from Paul M. Donion and Stacey A. Donion, as grantors (collectively “Grantors”), to Fidelity National Title, as original Trustee, to secure an obligation in favor of North County Bank, as beneficiary. Heritage Bank is the successor by merger to Whidbey Island Bank, and Whidbey Island Bank is the assignee of the Federal Deposit Insurance Corporation, as receiver for North County Bank. On May 10, 2022, the beneficiary appointed Turnbull Born & Jones, PLLC as successor Trustee, pursuant to an Appointment of Successor Trustee recorded with the Pierce County Auditor on May 10, 2022, under Auditor’s File No. 202205100714. 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 borrowers’ or Grantors’ default on the obligation secured by the Deed of Trust. III.

The default for which this foreclosure is made is as follows:

1. Failure to pay when due the following amounts which are now in arrears:

Arrearage: A. Past due payments (through 6/28/22): $75,375.00

B. Late charges: $450.00

C. Escrow (through 6/28/22): $15,094.80

Total Arrearage: $90,919.80

Trustee’s Expenses:

A. Title report: $1,183.60

B. Trustee’s Fee & Attorney fee: $4,000.00

C. Statutory Mailings: $50.00

D. Postings & copies: $133.00

E. Recording costs: $130.00

Total Expenses: $5,496.60 Total Amount Past Due: $96,416.40

Plus additional advances, late charges, expenses and fees from June 28, 2022 to date of cure.

IV.

The sum owing on the obligation secured by the Deed of Trust is: principal of $198,883.75 together with interest, attorney’s fees, costs, and property taxes as provided in the note or other instrument secured, 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 the 18th day of November, 2022. The defaults referred to in Paragraph III, together with any subsequent payments, late charges, property taxes, advanced costs and fees thereafter due must be cured by the 7th of November, 2022 (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 7th day of November, 2022 (11 days before the sale date), the defaults as set forth in Paragraph III, together with any subsequent payments, late charges, property taxes, advanced costs and fees thereafter due are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after the 7th day of November, 2022 (11 days before the sale date) and before the sale by the borrowers, Grantors, any guarantor or the holder of any recorded junior lien or encumbrance by 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 to the Grantors at the following addresses:

Paul M. Donion

3613 Olson Dr. NW Gig Harbor, WA 98335 Stacey A. Donion

3613 Olson Dr. NW

Gig Harbor, WA 98335

by both first class and certified mail on the 24th day of May, 2022, 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 May 24, 2022, and the Trustee has possession of proof of such service or 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 the 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 the 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 who are not tenants. After the 20th day following the sale, the purchaser has the right to evict occupants who are not tenants by summary proceedings under chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.

XI. NOTICE TO GUARANTORS

GUARANTORS: Please take notice that: (1) the guarantor(s) 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(s) 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(s) 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: June 29, 2022.

TURNBULL BORN & JONES, PLLC,

Trustee

By /s/Brian M. Born, Authorized Representative

950 Pacific Ave., Suite 1050

Tacoma, WA 98402

(253) 383-7058

STATE OF WASHINGTON) ss.

COUNTY OF PIERCE)

I certify that I know or have satisfactory evidence that Brian M. Born 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 acknowledged it as the Authorized Representative of Turnbull Born & Jones, PLLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

GIVEN UNDER MY HAND AND OFFICIAL SEAL this 29 day of June, 2022.

/s/Stephanie Lytle

NOTARY PUBLIC in and for the State of Washington, residing at Auburn

My commission expires: 11.07.2023

IDX-964881

October 18, November 8, 2022