Re: DOWNEY, ROBERT W & JENNIFER NOTICE OF TRUSTEE'S SALE Pursuant to R.C.W. Chapter 61.24, etseq. and 62A.9A-604(a) (2) etseq. Trustee's Sale No: 01-FMG-104540 I NOTICE IS HEREBY GIVEN that the undersigned Trustee, REGIONAL TRUSTEE SERVICES CORPORATION, will on April 27, 2012, at the hour of 10:00 AM, at THE 2ND FLOOR ENTRY PLAZA OUTSIDE THE COUNTY COURTHOUSE, 930 TACOMA AVENUE SOUTH, TACOMA, WA, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real and personal property (hereafter referred to collectively as the "Property"), situated in the County of PIERCE, State of Washington: LOT(S) 1 TO 4, INCLUSIVE, BLOCK 15, CULTUM'S SECOND ADDITION TO PARKLAND, ACCORDING TO THE PLAT RECORDED IN BOOK 8 OF PLATS, PAGE(S) 70, IN PIERCE COUNTY, WASHINGTON. TOGETHER WITH THAT PORTION OF VACATED 132ND STREET SOUTH ADJOINING, VACATED IN ORDINANCE NO. 96-74 RECORDED UNDER AUDITOR'S NO. 9609200249. Tax Parcel No: 3365200403, commonly known as 13202 8TH AVENUE COURT SOUTH , TACOMA, WA. The Property is subject to that certain Deed of Trust dated 11/28/2006, recorded 12/1/2006 , under Auditor's/ Recorder'sNo. 200612010851, records of PIERCE County, Washington, from ROBERT W. DOWNEY AND JENNIFER M. DOWNEY, HUSBAND AND WIFE, as Grantor, to TICOR TITLE COMPANY, as Trustee, in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR PREMIUM CAPITAL FUNDING LLC D/B/A TOPDOT MORTGAGE, as Beneficiary, the beneficial interest in which is presently held by U.S. BANK NATIONAL ASSOCIATION as Trustee for ABFC 2007-WMC1. 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. Ill The default(s) for which this foreclosure is/are made are as follows: FAILURE TO PAY THE MONTHLY PAYMENT WHICH BECAME DUE ON 1/1/2010, AND ALL SUBSEQUENT MONTHLY PAYMENTS, PLUS LATE CHARGES AND OTHER COSTS AND FEES AS SET FORTH. Failure to pay when due the following amounts which are now in arrears: Amount due as of January 27, 2012 Delinquent Payments from January 01, 2010 25 payments at $ 1,581.08 each $ 39,527.00 (01-01-10 through 01-2712) Late Charges: $ 0.00 Beneficiary Advances: $ 2,969.00 Suspense Credit: $ -399.25 TOTAL: $ 42,096.75 IV The sum owing on the obligation secured by the Deed of Trust is: Principal $245,380.47, together with interest 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 expenses 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 April 27, 2012. The default(s) referred to in paragraph III must be cured by April 16, 2012 (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 April 16, 2012, (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 at any time after April 16, 2012, (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 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: JENNIFER M. DOWNEY, 140 EAST 66TH STREET, TACOMA, WA, 98404 JENNIFER M. DOWNEY, 31720 FOXHILL AVENUE, STACY, MN, 55079 JENNIFER M. DOWNEY, 13202 8TH AVENUE COURT SOUTH, TACOMA, WA, 98444 ROBERT W. DOWNEY, 13202 8TH AVENUE COURT SOUTH, TACOMA, WA, 98444 ROBERT W. DOWNEY, 31720 FOXHILL AVENUE, STACY, MN, 55079 ROBERT W. DOWNEY, 140 EAST 66TH STREET, TACOMA, WA, 98404 by both first class and certified mail on 12/28/2010, proof of which is in the possession of the Trustee; and on 12/ 28/2010, the Borrower and Grantor 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's Sale will be held in accordance with Ch. 61.24 RCW and anyone wishing to bid at the sale will be required to have in his/her possession at the time the bidding commences, cash, cashier's check, or certified check in the amount of at least one dollar over the Beneficiary's opening bid. In addition, the successful bidder will be required to pay the full amount of his/her bid in cash, cashier's check, or certified check within one hour of the making of the bid. 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 of 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 same 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 proceeding under Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with section 2 of this act. DATED: January 26, 2012 Effective Date: January 26, 2012 REGIONAL TRUSTEE SERVICES CORPORATION Trustee BY: KAREN GREAGOR, AUTHORIZED AGENT Address: 616 1st Avenue, Stifte 500 Seattle, WA 98104 Phone: (206) 340-2550 Sale Information: www.rtrustee.com ASAP# 4188411 03/28/2012, 04/18/2012
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