Re: Linn, Charles & Madeline NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET SEQ. NOTICE IS HEREBY GIVEN that the undersigned Successor Trustee or its designated representative will on the 11th day of December, 2015, at the hour of 10:00 o'clock a.m.,at the second floor entry plaza outside the Pierce County Courthouse, 930 Tacoma Avenue South, 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 (the "Real Property"): LOTS 1 THROUGH 25, INCLUSIVE, BLOCK 53, PARKLAND TOWNSITE, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 4. EXCEPT THE WEST 20 FEET OF LOT 1. ALSO, BEGINNING AT THE INTERSECTION OF THE EAST LINE OF PACIFIC AVENUE, AS WIDENED BY DEED TO THE STATE OF WASHINGTON RECORDED OCTOBER 18, 1928, UNDER RECORDING NUMBER 921782, WITH THE SOUTH LINE OF BLOCK 53 OF PARKLAND TOWNSITE, BEING A POINT 80 RODS SOUTH OF THE NORTH LINE OF THOMAS TOLLENTIRE DONATION LAND CLAIM NO. 41, IN SECTION 09, TOWNSHIP 19 NORTH, RANGE 3 EAST OF THE W.M.; THENCE EAST ON THE SOUTH LINE OF SAID BLOCK 53 AND AN EXTENSION THEREOF, 683.28 FEET TO THE EAST LINE OF "A" STREET; THENCE PARALLEL WITH SAID EAST LINE OF PACIFIC AVENUE, SOUTH 461.34 FEET; THENCE WESTERLY TO INTERSECT SAID WIDENED EAST LINE OF PACIFIC AVENUE AT A POINT 838.16 FEET NORTH OF THE SOUTHEAST CORNER OF PARKLAND TOWNSITE; THENCE NORTH ON THE SAID WIDENED EAST LINE OF PACIFIC AVENUE, 499.34 FEET TO THE POINT OF BEGINNING. EXCEPT "A" STREET. EXCEPT THAT PORTION THEREOF LYING WITHIN TRACT OF LAND CONVEYED TO MARGUERITE SHULSTEAD BY DEED RECORDED MARCH 14, 1939, UNDER RECORDING NUMBER 1242129, THE BOUNDARIES OF WHICH WERE ESTABLISHED IN PIERCE COUNTY SUPERIOR COURT CAUSE NO. 125338. ALSO EXCEPT ANY PORTION LYING SOUTHERLY OF A FENCE LINE AS ESTABLISHED BY PIERCE COUNTY SUPERIOR COURT CAUSE NO. 102755. ALSO EXCEPT ANY PORTION LYING WITHIN A PARCEL OF LAND, AS CONVEYED BY JOSEPH SJELSTAD TO JAMES LORING BY DEED DATED DECEMBER 1, 1953, AND RECORDED DECEMBER 28, 1953, UNDER RECORDING NUMBER 1670893. ALSO EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY IN INSTRUMENT RECORDED APRIL 21, 1995, UNDER RECORDING NUMBER 9504210724, RECORDS OF PIERCE COUNTY. SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON. together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters; and all other Personal Property described in the Deed of Trust; all of which is subject to that certain Deed of Trust dated as of November 22, 1999 ("Deed of Trust"), and recorded December 16, 1999, in the Official Records of Pierce County, Washington under instrument number 9912160507, from Charles E. Linn, Jr. and F. Madeline Linn, husband and wife, as Grantor under said Deed of Trust ("Grantor"), to Puget Sound Title Company, as Trustee, to secure an obligation in favor of Washington Federal, National Association, as successor by merger to First Mutual Bank, as Beneficiary. An Appointment of Successor Trustee appointing LPSL Corporate Services, Inc. as Successor Trustee was recorded June 12, 2015, in the Official Records of Pierce County, Washington under instrument number 201506120758. 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 defaults for which this foreclosure is made are as follows: Failure to pay when due the following amounts which are now in arrears: Obligations Amount Outstanding 1. Unpaid matured principal obligation $2,285,864.75 2. Unpaid interest through September 3, 2015 $110,730.85 3. Protective advances $97,447.78 4. Appraisal costs $11,500.00 5. Less credits ($548.91) In addition to the amounts in arrears specified above, you are or may be obligated to pay the following estimated charges, costs and fees: (a) Title report $3,977.07 (b) Attorneys' fees $8,000.00 (c) Service/Posting/Publishing/ Notices of Default, Sale & Foreclosure $2,500.00 (d) Postage and copying expenses $100.00 (e) Recording fees $100.00 Subtotal: $14,677.07 TOTAL: $2,519,671.54 IV. The sum owing on the obligation secured by the Deed of Trust and subject to this foreclosure is the unpaid principal balance of $2,285,864.75, together with interest as provided in the Promissory Note or other instrument secured from the 13th day of February, 2015, and such other advances, costs and fees as are due and will come due under the Promissory Note or other instrument secured, and as provided by statute. V. The above-described real property will be sold to satisfy the expense of sale and the obligation secured by said Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrance on the 11th day of December, 2015. The sale may be terminated any time before the time of sale on the 11th day of December, 2015 (the sale date) by Borrower, Grantor, any Guarantor, 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, including, but not limited to, the Promissory Note and/or Deed of Trust, and curing all other defaults. VI. A written Notice of Default was transmitted by the Beneficiary to the Borrower and Grantor at the following addresses: Borrower and Grantor: Charles E. Linn, Jr. F. Madeline Linn 12623 Gravelly Lake Dr SW Tacoma, WA 98499-1425 Borrower and Grantor: Charles E. Linn, Jr. F. Madeline Linn 12505 Pacific Avenue Tacoma, WA 98444 Borrower and Grantor: Charles E. Linn, Jr. F. Madeline Linn P.O. Box 44487 Tacoma, WA 98444 by both first-class and certified mail on June 1, 2015, proof of which is in the possession of the Successor Trustee; and the Borrower and Grantor were personally served with said written notice of default on June 1, 2015, and the Successor Trustee has possession of proof of such service. VII. The Successor 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 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. Special Notice to Guarantor Pursuant to RCW 61.24.042, each Guarantor is hereby notified that: (1) each 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) each Guarantor has the same rights to pay the debt, cure the default, or repay the debt as is given to the Borrower and Grantor in order to avoid the Trustee's sale; (3) each 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, each Guarantor will have
the right to establish the fair value of the subject property as of the date of the Trustee's sale, less prior liens and encumbrances, and to limit each Guarantor's 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. THIS NOTICE IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. DATED: September 8, 2015. LPSL Corporate Services, Inc. Successor Trustee By: /s/ Gregory R. Fox Gregory R. Fox, its Vice President Address: LPSL Corporate Services, Inc. 1420 5th Avenue, Suite 4200 P.O. Box 91302 Seattle, WA 98111-9402 Phone: (206) 223-7000 IDX-667050 November 10, December 1