Re: Edwards/McIntosh Document Title: Notice of Trustee's Sale Grantor: Eisenhower Carlson PLLC Grantee: Donald McIntosh and Shelly Edwards Legal Description: Lot 26, Block 2, Herron Island Div. 4 Reference No.: 9406030676 Tax Parcel No.: 4450400440 NOTICE OF TRUSTEE'S SALE Issued Pursuant toRCW 61.24.040 I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on May 15, 2015, at the hour of 10:00 a.m. at the Pierce County Superior Courthouse, 2nd floor entrance, located at 930 Tacoma Avenue South, Tacoma, Washington, 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: Lot 26, Block 2, HERRON ISLAND DIVISION NO. 4, according to Plat recorded in Book 18 of Plats at Page 78, in Pierce County, Washington Situate in the County of Pierce, State of Washington. Tax Parcel No.: 4450400440. the postal address of which is more commonly known as 1015 Yew Blvd Kp N., Lakebay, WA 98349, which is subject to that certain Deed of Trust dated May 27, 1994 and recorded on June 3, 1994 with the Pierce County Auditor under Recording No. 9406030676, records of Pierce County, Washington, from Shelly L. Edwards, a single person and Donald W. McIntosh, a single person as to joint tenancy with right to survivorship, as Grantor, to Puget Sound Title Insurance Company, as Trustee, to secure an obligation in favor of Pierce County Community Development Corporation, as 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 amounts, which are due in full: 1) Principal balance as of January 5, 2015: ^$29,802.80 2) Interest due as of January 5, 2015:^$17,364.83 3) Fees, Legal Fees and Expenses:^$3,297.59 TOTAL PAST DUE PAYMENTS:^$50,465.22 b. Defaults other than failure to make payments: Failure to pay property taxes. Failure to reside in Property. IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $29,802.80 together with interest as provided in the Note or other instrument secured from May 27, 1994, 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 May 15, 2015. The defaults referred to in Paragraph III must be cured by May 4, 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 before May 4, 2015 (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 Grantors any time after May 4, 2015 (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. VI. A written Amended Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower, Grantor, and/or Guarantor at the following addresses by both first class and certified mail, on September 12, 2014, proof of which is in the possession of the Trustee: Donald W. McIntosh (Grantor/Borrower) PO Box 746 Lakebay, WA 98349 Shelly L. Edwards (Grantor/Borrower) PO Box 746 Lakebay, WA 9834 Donald W. McIntosh (Grantor/Borrower) 1015 Yew Blvd Kp N. Lakebay, WA 98349 Shelly L. Edwards (Grantor/Borrower) 1015 Yew Blvd Kp N. Lakebay, WA 98349 Donald W. McIntosh (Grantor/Borrower) 3503 E North Island Dr Shelton, WA 98584 Shelly L. Edwards (Grantor/Borrower) 3503 E North Island Dr Shelton, WA 98584 Donald W. McIntosh (Grantor/Borrower) 9712 180th Way SW Rochester, WA 98597 Shelly L. Edwards (Grantor/Borrower) 9712 180th Way SW Rochester, WA 98597 Donald W. McIntosh (Grantor/Borrower) 130 Pinto Lane Brinnon, WA 98320 Shelly L. Edwards (Grantor/Borrower) 130 Pinto Lane Brinnon, WA 98320 Occupant 1015 Yew Blvd Kp N. Lakebay, WA 98349 The written Amended Notice of Default was also posted in a conspicuous place on the real property described in Paragraph I above on October 29, 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 January, 2015. EISENHOWER AND CARLSON, PLLC Successor Trustee By: /s/James M. Hushagen, Member Address: 1201 Pacific Avenue, Suite 1200 Tacoma, WA 98402 Phone: (253) 572-4500 STATE OF WASHINGTON): ss. COUNTY OF PIERCE) On this __ day of January, 2015, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Eisenhower Carlson, PLLC, by and through James M. Hushagen, to me known to be the individual described in and who executed the foregoing instrument, and ack
nowledged to me that he signed and sealed the said instrument as his free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Name: /s/Genipher Ayn Owens Notary Public in and for the State of Washington, residing at: Port Orchard My Appointment Expires: 11/20/ 2017 April 15, May 5