RE: HICKMAN, DANNY & CHERYL TS No WA08000209-12-1 APN 051931-2012 TO No 7337071 NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ. I. NOTICE IS HEREBY GIVEN on October 18, 2013, 10:00 AM, at the 2nd floor entry plaza of the Superior Courthouse, 930 Tacoma Avenue South, Tacoma, WA 98402, MTC FINANCIAL INC. dba TRUSTEE CORPS, the undersigned Trustee will sell at public auction to the highest and best bidder, payable, in the form of cash, or cashiers' check or certified checks from federally or State chartered banks, at the time of sale the following described real property, situated in the County of Pierce, State of Washington, to-wit: SEE ATTACHED EXHIBIT A Sec. 31, Twp. ion R. 5 E NW 1/4 EXHIBIT A (Legal Description) PARCEL A: COMMENCING AT THE NORTHWEST CORNER OF SECTION 31, TOWNSHIP 19 NORTH, RANGE 5 EAST, W.M., IN PIERCE COUNTY, WASHINGTON; THENCE SOUTH 01§28'00" WEST, ALONG THE WEST LINE OF SAID SECTION 1,586.05 FEET TO A POINT 380.00 FEET NORTH OF THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHWEST QUARTER OF SAID SECTION AND THE PINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 89§49'00" EAST, 457.00 FEET; THENCE SOUTH 01§28'00" WEST, 140 FEET; THENCE NORTHWESTERLY TO THE WEST LINE OF THE SECTION TO A POINT 95 FEET SOUTH OF THE POINT OF BEGINNING; THENCE NORTH ALONG THE WEST LINE OF THE SECTION TO THE POINT OF BEGINNING. EXCEPT THE MOST WESTERLY 30 FEET FOR MUEHLER ROAD. PARCEL B: COMMENCING AT THE NORTHWEST CORNER OF SECTION 31, TOWNSHIP 19 NORTH, RANGE 5 EAST, W.M., IN PIERCE COUNTY, WASHINGTON; THENCE SOUTH 01§28'00" WEST, ALONG THE WEST LINE OF SAID SECTION A DISTANCE OF 1,779.05 FEET, MORE OR LESS, TO A POINT THAT IS NORTH 01§28'00" EAST 187 FEET FROM THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAJD SECTION, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY IN A STRAIGHT LINE TO A POINT LYING 120.00 FEET EAST OF THE WEST LINE OF SAID SECTION AND NORTH 01§28'00" EAST, 50 FEET FROM THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE SOUTH 01§28'00" WEST, 50 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 31; THENCE EAST 337.00 FEET; THENCE NORTH 01§28'00" WEST, 240 FEET; THENCE NORTHWESTERLY IN A STRAIGHT LIEN TO THE WEST LINE OF SAID SECTION AT A POINT NORTH 01§28'00" EAST, 98.00 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 01§28'00" WEST, 98.00 FEET TO THE POINT OF BEGINNING; EXCEPT TH MOST WESTERLY 30 FEET FOR MUEHLER ROAD. APN: 051931-2012 More commonly known as 18119 150TH AVENUE EAST, ORTING, WA 98360 which is subject to that certain Deed of Trust dated October 18, 2001 and recorded on October 23, 2001 as Instrument No. 200110231117 of official records in the Office of the Recorder of Pierce County, Washington from DANNY HICKMAN, CHERYL HICKMAN as Grantor(s), to First American Title as Trustee, to secure an obligation in favor of THE CIT GROUP/CONSUMER FINANCE, INC., as the original Beneficiary. II. No action commenced by The Bank of New York Mellon, the successor to JPMorgan Chase Bank as Trustee for CIT Home Equity Loan Trust 2002-2, the current 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/Mortgage. Current Beneficiary: The Bank of New York Mellon, the successor to JPMorgan Chase Bank as Trustee for CIT Home Equity Loan Trust 2002-2 Contact Phone No: 858-790-5100 Address: 16745 WEST BERNARDO DRIVE, STE 300, SAN DIEGO, CA 92127 III. The default(s) for which this foreclosure is made is/are as follows: FAILURE TO PAY WHEN DUE THE FOLLOWING AMOUNTS WHICH ARE NOW IN ARREARS: DELINQUENT PAYMENT INFORMATION From March 23, 2010 To June 18, 2013 Number of Payments 42 Monthly Payment $2,083.49 Total $87,506.58 LATE CHARGE INFORMATION From March 23, 2010 To June 18, 2013 Number of Payments 42 Monthly Payment $0 Total $0.00 PROMISSORY NOTE INFORMATION Note Dated: October 18, 2001 Note Amount: $240,000.00 Interest Paid To: February 23, 2010 Next Due Date: March 23, 2010 IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $218,398.24, together with interest as provided in the Note or other instrument secured, and such other costs and fees 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. Said sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on October 18, 2013. The defaults referred to in Paragraph III must be cured by October 7, 2013, (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 October 7, 2013 (11 days before the sale) the default as set forth in Paragraph III is cured and the Trustee's fees and costs are paid. Payment must be in cash or with cashier's or certified checks from a State or federally chartered bank. The sale may be terminated any time after the October 7, 2013 (11 days before the sale date) and before the sale, by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance by paying the principal and interest, plus costs, fees and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust. VI. A written Notice of Default was transmitted by the current Beneficiary, The Bank of New York Mellon, the successor to JPMorgan Chase Bank as Trustee for CIT Home Equity Loan Trust 2002-2 or Trustee to the Borrower and Grantor at the following address(es): ADDRESS 18119 150TH AVENUE EAST, ORTING, WA 98360; PO BOX 1710, ORTING, WA 98360-0000; 18119 150TH AVENUE EAST, ORTING, WA 98360; PO BOX 1710, ORTING, WA 98360-0000; 18119 150TH AVENUE EAST, ORTING, WA 98360; PO BOX 1710, ORTING, WA 98360-0000; by both first class and certified mail on February 7, 2013, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, 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 any objections to this 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. 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 the Unlawful Detainer Act, Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060; NOTICE TO GUARANTOR(S) RCW 61.24.042 (1) The Guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the Trustees' Sale is less than the debt secured by the Deed of Trust; (2) The Guarantor has the same righ
ts 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 Trustees' 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 costs. The failure of the Beneficiary to provide any Guarantor 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. The failure of the Beneficiary to provide any Guarantor the notice referred to in this section does not invalidate either the notices given to the Borrower or the Grantor, or the Trustee's Sale. Dated: June 18, 2013 TRUSTEE CORPS By: Joseph Barragan, Authorized Signatory TRUSTEE CORPS 1700 Seventh Avenue Suite 2100 Seattle WA 98101 TRUSTEE CORPS 17100 Gillette Ave Irvine, CA 92614 SALE INFORMATION CAN BE OBTAINED ON LINE AT www.priorityposting.com AUTOMATED SALES INFORMATION PLEASE CALL 714-573-1965 P1046993 9/16, 10/07/2013