Re: Ibarra, Amando & Christine-Notice of Trustee’s Sale

Re: Ibarra, Amando & Christine-Notice of Trustee’s Sale

Re: Ibarra, Amando & Christine

Document Title: Notice of Trustee’s Sale

Reference No.: 200402240194 Grantor: Amando Ibarra and Christine Ibarra

Grantee: Dyck O’Neal, Inc. Trustee: Marsh Mundorf Pratt Sullivan + McKenzie P.S.C. Legal Des: Lot 20, Fairway Village South, AFN 200306055001, Pierce County, WA Assessor Parcel No.: 6024270200

NOTICE OF TRUSTEE’S SALE

Pursuant to the Revised Code of Washington Chapter 61.24, Et. Seq.

TO: Amando Ibarra Christine Ibarra

10504 – 196th Street East Graham, WA 98338 I

THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE OF YOUR

HOME.

You have only 20 DAYS from the recording date on this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help. SEEKING ASSISTANCE

Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following:

The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission. Telephone: 1-877-894-4663 or 1-800-767-4663, Website: http://www.dfi.wa.gov/consumers/homeownership/ or http://www.wshfc.org/. The United States Department of Housing and Urban Development. Telephone: (800) 225-5342, Website: http://portal.hud.gov/hudportal/HUD. The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys. Telephone: 1-800-606-4819, Website: http://www.ocla.wa.gov/. II

NOTICE IS HEREBY GIVEN that the undersigned Trustee, Marsh Mundorf Pratt Sullivan + McKenzie, P.S.C., will on the 19th day of February, 2021 at the hour of 10 o’clock a.m. at the 2nd Floor Entry Plaza outside the Pierce County Courthouse, 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, to-wit:

LOT 20, FAIRWAY VILLAGE SOUTH, ACCORDING TO THE PLAT THEREOF, RECORDED UNDER AUDITOR’S FILE NO. 200306055001, RECORDS OF PIERCE COUNTY, WASHINGTON;

Physical Address: 10504 196th Street East, Graham, Washington 98338. which is subject to that certain Deed of Trust dated February 11, 2004, and recorded on February 24, 2004, under Auditor’s File No. 200402240194, records of Pierce County, Washington from Amando Ibarra and Christine Ibarra, a married couple, as Grantors to secure an obligation in favor of First Franklin Financial Corp., a subsidiary of National City Bank of Indiana, the original beneficiary and which beneficial interest was later assigned to Dyck O’Neal, Inc., (the “Beneficiary”). Mundorf Pratt Sullivan + McKenzie, P.S.C. is the current Trustee under said Deed of Trust.

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(s) for which this foreclosure is made is/are as follows:

Failure to pay when due the following amounts which are now in arrears:

*Monthly payments of Principal and interest in the amount of $251.94 from 5/1/2009 to 10/1/2020: $34,317.72 *Loan Maturity date is March 1, 2024

Total………………………$34,317.72

Cost and Fees:

In addition to the amounts and arrears specified above, you are or may be obligated to pay the following estimated charges, costs and fees to reinstate the Deed of Trust:

Trustees or attorney’s fees: $ 2,500.00

Title Report: $ 440.38

Service/Posting fees $ 200.00

Recording Fees: $ 110.00

Copying/Postage costs: $ 50.00

Subtotal $ 3,300.38

Total arrearages plus costs and fees: $ 37,618.10

The estimated amounts that will be due to reinstate on the 8th day of February, 2021, (11 days before the sale date):

Additional arrearages: Missed Monthly Payments of Interest and Principal $ 1,007.76

Subtotal: $ 35,325.48

Additional Costs and Fees:

Publication costs: $ 1,000.00

Trustees or attorney’s fees: $ 3,500.00

Title Report: $ 440.38

Service/Posting fees: $ 200.00

Recording fees: $ 110.00

Copying/Postage Costs: $ 50.00

Subtotal: $ 5,300.38

Total estimated reinstatement amount as of the 8th day of February, 2021 (11 days before the sale date): $ 40,625.86

IV

The sum owing on the obligation secured by the Deed of Trust is: Principal $34,317.72 together with interest as provided in the note or other instrument secured from the 11th day of February, 2021, 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, expressed or implied, regarding title, possession, or encumbrances on the 19th day of February, 2021. The defaults referred to in paragraph III must be cured by the 8th day of February, 2021 (11 days before the sale) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before the 8th day of February, 2021 (11 days before the sale) the default as set forth in paragraph III is cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after the 8th day of February, 2021 (11 days before the sale) and before the sale, by the Borrower, Grantor, any Guarantor, or the holder of 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, Grantor, and Guarantor(s) at the following addresses:

10504 196th Street East

Graham, WA 98338; by both first class and certified mail on the May 27, 2020, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on May 28, 2020 at 7:25 p.m., 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 in his possession proof of such service or 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 Grantor and all those who hold by, through or under Grantor 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 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 GUARANTORS

In addition to the information provided to the grantors herein, notice is hereby given 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 commended 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: October 6, 2020.

Marsh Mundorf Pratt Sullivan + McKenzie, P.S.C.

Successor Trustee

By: /s/Patrick K. McKenzie, Secretary 4220 132nd Street SE, Suite 201 Mill Creek, WA 98012

(425) 332-2000

patm@millcreeklaw.com

STATE OF WASHINGTON)ss

COUNTY OF SNOHOMISH)

I certify that I know or have satisfactory evidence that Patrick K. McKenzie is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Secretary of Marsh Mundorf Pratt Sullivan + McKenzie, P.S.C. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

Dated: October 6, 2020.

/s/Helga D. Watson

Print Name: Helga D. Watson

Notary Public in and for the State of Washington, residing at Bothell

My commission expires: 7-10-22

IDX-916563

January 21, February 9, 2021

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