re: Johnson II, Charles R. FIRST AMENDED 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, MATTHEW A. GOLDBERG, ESQ., ASSAYAG MAUSS, LLP, will on April 19, 2013, at the hour of 10:00 AM, at Pierce County Courthouse outside the 2nd floor Entry Plaza, on the west side of the County-City Building, 930 Tacoma Avenue South, Tacoma, WA, 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 5 AND THE NORTHWESTERLY 8 FEET OF LOT 6, BLOCK 3212, MAP OF NEW TACOMA, ACCORDING TO THE PLAT FILED FEBRUARY 3, 1875, IN PIERCE COUNTY, WASHINGTON; TOGETHER WITH THE NORTHEASTERLY 10 FEET OF ALLEY ABUTTING THEREON VACATED BY ORDINANCE NO. 1708 OF CITY OF TACOMA. The real property is subject to that certain Deed of Trust dated December 18, 2003 and recorded December 18, 2003, as Instrument No. 200312180109, of the Official Records in the Office of the Recorder of Pierce County, Washington, from Charles R. Johnson, II, as his separate estate, as Grantor, to Pacific Northwest Title Company of Washington, Inc., as Trustee, to secure an obligation in favor of NorthStar Bank, as the original Beneficiary. The Real Property is commonly known as 216 North Tacoma Avenue, Tacoma, WA 98406. The tax identification number for the Real Property is 203212-003-0. THE PIERCE COUNTY TAX COLLECTOR DISCLOSES SAID LAND TO BE A FOURPLEX 4 UNITS: DIRECTIONS TO THE PROPERTY CAN BE OBTAINED PURSUANT TO A WRITTEN REQUEST SUBMITTED TO THE BENEFICIARY WITHIN 10 DAYS OF THE FIRST PUBLICATION OF THIS NOTICE OF TRUSTEE'S SALE AT THE FOLLOWING ADDRESS: UNION BANK, N.A., c/o MATTHEW A. GOLDBERG, ESQ., ASSAYAG MAUSS, LLP, 2018 156TH AVENUE NE, SUITE 100, BELLEVUE, WA 98007. II. No action commenced by the current Beneficiary, UNION BANK, N.A., SUCCESSOR-ININTEREST TO THE FDIC AS RECEIVER FOR FRONTIER BANK, 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. Current Beneficiary: UNION BANK, N.A., SUCCESSOR-IN-INTEREST TO THE FDIC AS RECEIVER FOR FRONTIER BANK, C/O ASSAYAG MAUSS, LLP Contact Phone: (425) 748-5055 Address: 2018 156th Avenue NE, Suite 100, Bellevue, WA 98007 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 AND/OR OTHER DEFAULTS: A. Principal (fully matured loan): ^$198,878.18 B. Unpaid Interest (through 1/23/13): ^$18,865.59 C. Late Charges: ^$2,163.65 D. Misc. Fees: ^$130.00 TOTAL ARREARAGE: ^$220,037.42 E. Trustee's Expenses (Estimated Itemization) Trustee's Fees ^$2500.00 Trustee's Sale Guaranty: ^$771.98 Process Service: ^$150.00 Photocopies: ^$20.00 Statutory Mailings: ^$150.00 Recording Fees: ^$200.00 Publication: ^$900.00 Other: ^$50.00 TOTAL COSTS: ^$4,741.98 TOTAL AMOUNT DUE: ^$224,779.40 Defaults other than failure to make monthly payments: FAILURE TO PAY REAL ESTATE PROPERTY TAXES WHEN DUE, WHICH ARE CURRENTLY ESTIMATED AT $14,296.62. IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $198,878.18, together with interest as provided in the Note, 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 April 19, 2013. The defaults referred to in Paragraph III must be cured by April 8, 2013, to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before April 8, 2013, 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 cashiers' or certified checks from a State or federally chartered bank. The sale may be terminated any time after April 8, 2013, and before the sale, by the Borrower, Grantor, Guarantor, 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, UNION BANK, N.A., SUCCESSOR-ININTEREST TO THE FDIC AS RECEIVER FOR FRONTIER BANK or Trustee to the Borrower, Grantor and Guarantor at the following address(es): Charles Johnson, II 2920 N. Oakes St. Tacoma, WA 98407 Elizabeth A. Johnson 2920 N. Oakes St. Tacoma, WA 98407 by both first class and certified mail on August 21, 2012, proof of which is in the possession of the Trustee; and the Borrower, Grantor and Guarantor were either 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 1 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 rights, title, and 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 properly bring such a lawsuit may result in a waiver of any grounds for invalidating the Trustee's Sale. X. The Trustee makes no representations or warranties concerning what interest in the real property described above is being sold. The Deed of Trust foreclosed hereby may not be in a first lien position, or there may be other prior encumbrances on title. The Trustee is not required to provide title information concerning this property. Any person interested in this foreclosure is strongly encouraged to make his or her own investigation concerning the ownership of the property, and the priority of the Deed of Trust being foreclosed. Any person interested in the foreclosure is also encouraged to consult an attorney, as the Trustee cannot and will not provide legal advice. The Trustee does not provide information concerning the location of the debtors or the condition of the property, including but not limited to whether there are any environmental or hazardous waste liabilities or problems connected with this property. Any person desiring title information, information concerning the physical condition of the property, information concerning any hazardous waste or environmental issues, or any other information about the real property being foreclosed, has a duty to obtain all such information independently of the Trustee. XI. 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, RCW Chapter 59.12. For tenant-occupied property, the purchaser is required to provide a tenant with written notice in accordance with RCW 61.24.060. XII. 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 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 the Grantor in order to avoid the Trustee's Sale; (3) The Guarantor will have no rig
ht 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, RCW Chapter 61.24, 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. 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. April 11