Re: Heather, Frederick & Kristin NOTICE OF TRUSTEE'S SALE (PURSUANT TO RCW 61.24, et seq.) A. REFERENCE NUMBERS: 200603230492 B. GRANTOR: THE LANZ FIRM, P.S. C. GRANTEE: PUBLIC FREDERICK L. HEATHER KRISTIN J. HEATHER D. LEGAL DESCRIPTION: TRACT B ORION RIDGE E. ASSESSOR'S PROPERTY TAX ACCOUNT NUMBERS: 700078-030-0 I. NOTICE IS HEREBY GIVEN that the undersigned Successor Trustee, THE LANZ FIRM, P.S., will on FRIDAY, DECEMBER 6, 2013, at the hour of 10:00 a.m., at the 2nd Floor Entry Plaza of the Pierce County-City Building, 930 Tacoma Ave. S., Tacoma, WA, sell at public auction to the highest and best bidder, payable at the time of sale, the real property in said county legally described as: Tract B, Orion Ridge, according to the plat thereof recorded under Pierce County Recording No(s) 9612190064, records of Pierce County, Washington; Situate in the County of Pierce, State of Washington; APN: 700078-030-0, under that certain CONSTRUCTION DEED OF TRUST dated March 22, 2006 and recorded March 23, 2006 under AFN 200603230492, by and among FREDERICK L. HEATHER AND KRISTIN J. HEATHER, husband and wife, as the Grantor, STEWART TITLE COMPANY, as the Trustee, and FRONTIER BANK, a Washington banking corporation, now known as UNION BANK, N.A., successor in interest to the FDIC as Receiver of Frontier Bank, as the Beneficiary, in the records of Pierce County, Washington, and the Personal Property described, in the above referenced Deed of Trust, as: PERSONAL PROPERTY. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessories, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all issues and profits thereon and proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale of other disposition of the Property. UNIFIED FORECLOSURE SALE: Beneficiary hereby elects to conduct a unified foreclosure sale pursuant to the provisions of RCW 62A.9A-604(a) and (b) to include in the non-judicial foreclosure of the estate described in this Notice of Trustee's Sale all of the personal property and fixtures described in the Deed of Trust and in any other instruments in favor of Beneficiary. Beneficiary reserves the right to revoke its election as to some or all of said personal property and/or fixtures, or to add additional personal property and/or fixtures to the election herein expressed, at Beneficiary's sole election, from time to time and at any time until the consummation of the trustee's sale to be conducted pursuant to the Deed of Trust and this Notice of Trustee's Sale. II. No action commenced by the Beneficiary of the Deed of Trust or the Beneficiary's successor is now pending to seek satisfaction of the obligation in any court by reason of the Grantor's default on the obligation secured by the Deed of Trust. III. The default(s) for which this foreclosure is made is: a. Failure to pay the following past due amounts, which are in arrears: Principal Balance:^$81,674.07 Interest to 8/30/2013:^$25,668.04 Real Estate Taxes: $5,705.52 Pierce County Sewer: $3,477.05 Late Charges: $1,159.00 TOTAL AMOUNT DUE AS OF AUGUST 30, 2013:^$117,683.68** IV. The sum owing on the obligation secured by the Deed of Trust is: Principal: $81,674.07, together with interest as provided in the Note or other instrument, and late charges and such other costs and fees as are due under the note or other instrument secured by those deeds of trust, 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 Friday, December 6, 2013. The default(s) referred to in paragraph III must be cured by n/a (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 n/a (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 any time after n/a (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. ** PURSUANT TO A CHANGE IN TERMS AGREEMENT DATED DECEMBER 15, 2009, THIS OBLIGATION WAS DUE AND PAYABLE IN FULL ON DECEMBER 15, 2010. ANY LANGUAGE HEREIN THAT INDICATES THE PROMISSORY NOTE CAN BE REINSTATED IS HEREBY SUPERSEDED. VI. A written Notice of Default was transmitted by the Beneficiary or Trustee to the Grantor or the Grantor's successor in interest at the following address: Frederick L. Heather 5522 175th Avenue Ct. E. Lake Tapps, WA 98391 Kristin J. Heather 5522 175th Avenue Ct. E. Lake Tapps, WA 98391 Frederick L. and Kristin J. Heather husband and wife 5522 175th Avenue Ct. E. Lake Tapps, WA 98391 Frederick L. Heather 5522 175th Avenue Ct. E. Sumner, WA 98390 Kristin J. Heather 5522 175th Avenue Ct. E. Sumner, WA 98390 Frederick L. and Kristin J. Heather husband and wife 5522 175th Avenue Ct. E. Sumner, WA 98390 Kristin J. Heather c/o Hillary A. Holmes, Attorney at Law 317 S. Meridian Puyallup, WA 98371 Frederick L. Heather PO Box 1592 Sumner, WA 98390-0330 Kristin J. Heather PO Box 1592 Sumner, WA 98390-0330 Frederick L. and Kristin J. Heather husband and wife PO Box 1592 Sumner, WA 98390-0330 by both first class and certified mail, return receipt requested, on July 1, 2013, proof of which is in the possession of the Successor Trustee. And on July 3, 2013, the written Notice of Default was posted on the property, proof of which is in possession of the Successor Trustee. 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 any objections 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 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 GUARANTOR(S) A 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 Deed of Trust; A 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; A Guarantor will have no right to redeem the property after the Trustee's Sale; Subject to such longer periods as are provided in the Washington Deed of Trust Act, Chapter 61.24 R.C.W., 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 In any action for a deficiency, a 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 3rd day of September 2013. TRUSTEE: THE LANZ FIRM, P.S., a Washington Corporation: By: Bernard G. Lanz, President 216 1st Avenue South, Suite 333 Seattle, Washington 98104 206-382-1827 Telephone November 1, 22