Re: Johnson, Kirk NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ. I. NOTICE IS HEREBY GIVEN that on November 7, 2014, 10:00 AM, at the entrance to the Pierce County Courthouse, 930 Tacoma Avenue South, Tacoma, Washington, Newcastle Law Group, P.C., theundersigned 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 King, State of Washington, to-wit: Lot 10 of Lexington Square Townhomes, as per plat recorded April 1, 2009 under Recording No. 200904015002, records of Pierce County Auditor; Situate in the City of Tacoma, County of Pierce, State of Washington. APN: 5004640100 which is subject to that certain Deed of Trust dated April 26, 2012, recorded on May 2, 2012, as Instrument No. 201205020222 of Official Records in the office of the Recorder of Pierce County, WA from KIRK B. JOHNSON, as Grantor(s) to FIDELITY NATIONAL TITLE INSURANCE COMPANY, as Trustee, to secure an obligation in favor of CYPRESS COVE HOLDINGS, LLC, a Washington limited liability company, as Beneficiary. More commonly known as 606 South 23rd Street, Tacoma, WA 98405 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/Mortgage. 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: Amount due to reinstate by 07/02/ 2014 Delinquent Monthly Payments Due from 07/01/2012 through 07/01/ 2014 1 payment(s) at $852.00^$852.00 24 payments(s) at $2,318.71 ^$55,649.04 Accrued Late Charges^$5,650.08 Total Arrearage:^$62,151.12 Trustee's Expenses Trustee's Fees^$300.00 Title Report^$771.98 Statutory Mailings^$5.32 Recordings Costs^$14.00 Postings^$70.00 Publication^$0.00 Total Costs^$1,161.30 TOTAL DEFAULT^$63,312.42 Other known defaults are as follows: IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $153,853.83, together with interest as provided in the Note from the June 1, 2012, 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 November 7, 2014. The defaults referred to in Paragraph III must be cured by October 27, 2014, (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 27, 2014 (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 cashiers' or certified checks from a State or federally chartered bank. The sale may be terminated any time after the October 27, 2014 (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 Beneficiary or Trustee to the Borrower and Grantor at the following address(es): ADDRESS 606 South 23rd Street Tacoma, WA 98405 by both first class and certified mail on February 11, 2014, 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. 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 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. If the Trustee's Sale is set aside for any reason, the submitted bid will be forthwith returned without interest and the bidder will have no right to purchase the property. Recovery of the bid amount without interest constitutes the limit of the bidder's recourse against the Trustee and/or the Beneficiary. XI. NOTICE TO ALL PERSONS AND PARTIES WHO ARE GUARANTORS OF THE OBLIGATION SECURED BY THIS DEED OF TRUST: (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 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. XII. NOTICE. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE 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) Website: http://www.wshfc.org/buyers/counseling.htm The United States Department of Housing and Urban Development: Telephone: (1-800-569-4287) Website: http://www.hud.gov/offices/hsg/ sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filtersvc=dfc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone: (1-800-606-4819) Website: http://nwjustice.org/whatclear DAT
ED: July 3, 2014 NEWCASTLE LAW GROUP, P.C. RYAN S-F YEE 12835 Newcastle Way, Suite 301 Newcastle, WA 98056 (425) 228-6810 October 8, 30