Re: Heaton, Brian Document Title: NOTICE OF TRUSTEE'S SALE Grantor: Campbell & Miller, PLLC Grantee: Brian D. Heaton Abbreviated Legal Description: Prtn: SE 1/4 of Section 5-16N-3E Legal Description on Page: 1-2 Assessor's Tax Parcel No.: 031605402-5 Deed of Trust Reference No.: 200906260503 NOTICE OF TRUSTEE'S SALE Pursuant to the Revised Code of Washington, Chapter 61.24, et seq. I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on May 22, 2015, at the hour of 9:00 a.m. near the rear entrance of the City County building, 930 Tacoma Avenue S., in the city of Tacoma, state of 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, to wit: Legal Description: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTH HALF OF THE SOUTHEAST QUARTER, ALL IN SECTION 5, TOWNSHIP 16 NORTH, RANGE 3 EAST OF THE W.M., PIERCE COUNTY, WASHINGTON, LYING SOUTHERLY OF THE CENTER LINE OF THE COUNTY ROAD (COMMONLY KNOWN AS HARTS LAKE LOOP ROAD), MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST CORNER OF SAID SECTION 5; THENCE NORTH 87 DEGREES 00' 33" WEST 115.22 FEET ALONG THE SOUTH LINE OF SAID SECTION; THENCE NORTH 42 DEGREES 53' 49" WEST 1313.47 FEET TO THE CENTER LINE OF HARTS LAKE LOOP ROAD AS SHOWN ON LARGE LOT DIVISION RECORDED UNDER RECORDING NUMBER 8908220134; THENCE NORTH 61 DEGREES 52' 03" EAST 1233.62 FEET ALONG THE CENTER LINE OF HARTS LAKE LOOP ROAD AS SHOWN ON SAID LARGE LOT DIVISION, TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH 02 DEGREES 54' 33" WEST 1551.90 FEET ALONG THE EAST LINE OF SAID SOUTEAST QUARTER TO THE POINT OF BEGINNING. EXCEPT COUNTY ROADS (ALSO KNOWN AS TRACT 1 OF LAKEVIEW ESTATES 20 ACRE TRACTS SURVEY, RECORDED UNDER RECORDING NUMBER 9408100551) The afore-described real property is subject to that certain Deed of Trust dated June 22, 2009, and recorded on June 26, 2009, under Auditor's File No. 200906260503, records of Pierce County, State of Washington from Brian D. Heaton, as Grantor(s) to Chicago Title Insurance Company, as original Trustee, to secure an obligation in favor of The Herbrand Company, the 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: Principal amount^$ 139,391.37 Interest up to Feb. 6, 2015^$15,123.01 TOTAL PASTDUE AMOUNTS^154,514.38 Trustee's Expenses Trustee's Fee^$ 1,000.00 Title Report^$ 636.20 Postal Costs^$15.00 Recording Costs ^$91.00 Postings^$ 130.00 TOTAL COSTS^$ 1,872.20 Other known defaults as follows: Payment of 2013 Pierce County general taxes for statement number 031605-402-5 in the amount of $1,281.51, plus interest and penalties which may apply. Payment of 2014 Pierce County general taxes for statement number 031605-402-5 in the amount of $1,323.53, plus interest and penalties which may apply. Total current estimated reinstatement amount: $158,991.62 IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $139,391.37, together with interest as provided in the underlying Note from June 24, 2014, and such other costs and fees as are due under the Note and Deed of Trust and as are provided by statute, including but not limited to delinquent real estate taxes. 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 (personal checks will not be accepted) to the beneficiary whose address is: The Herbrand Company 315 39th Ave SW, # 6 Puyallup, WA 98373 (253) 848-7700 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 22, 2015. The default(s) referred to in paragraph III must be cured by May 11, 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 on or before May 11, 2015 (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 May 11, 2015 (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. VI. A written Notice of Default was transmitted by the Trustee to the Borrower, Grantor(s), and any successor at the following addresses: Brian Heaton 1201 Yelm Ave. #400-138 Yelm, WA 98597 by both first class and certified mail on January 7, 2015, proof of which is in the possession of the Trustee; and on January 8, 2015, 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. 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. DATED: February 12, 2015 Campbell & Miller, PLLC, Successor Trustee By: Daniel J. Miller Jr. 7117 Stinson Ave, Ste. B Gig Harbor, WA 98335 (253) 851-5924 April 22, May 13