Re: Lustig, James NOTICE OF TRUSTEE'S SALE (PURSUANT TO RCW 61.24, et seq.) A. REFERENCE NUMBERS: 200403160390, 201411040328 B. GRANTOR: THE LANZ FIRM, P.S. C. GRANTEE: PUBLIC JAMES W. LUSTIG D. LEGAL DESCRIPTION: PARCEL B OF BLR UNDER AUDITOR'S NO. 9010170337 aka PTN OF NE 1/4 OF NW 1/4 OFSEC 29-21-2E E. ASSESSOR'S PROPERTY TAX ACCOUNT NUMBERS: 022129-2-060 and 022129-2-700 I. NOTICE IS HEREBY GIVEN that the undersigned Successor Trustee, THE LANZ FIRM, P.S., will on FRIDAY, FEBRUARY 13, 2015, at the hour of 10:00 a.m., at the 2nd Floor Entry Plaza of the Pierce County-City Building, 930 Tacoma Ave. S., Tacoma, WA, sell at public auction to the highest and best bidder, payable at the time of sale, the real property in Pierce County, legally described as: Abbreviated Legal: Parcel B of BLR under Auditor's No. 9010170337 aka Ptn of NE 1/4 of NW 1/4 of Sec 29-21-2E. Complete Legal Description attached hereto as Exhibit A. EXHIBIT "A" Legal Description Parcel B of Boundary Line Revision recorded under Auditor's No. 9010170337, described as follows: A portion of the Northeast quarter of the Northwest quarter of SECTION 29, TOWNSHIP 21 NORTH, RANGE 2 EAST of the W.M., in Pierce County, Washington, also being a portion of Parcel A of that particular Survey recorded on March 18, 1975 in Book 7 of Surveys at Page 60 and known as record of Survey Number 660 office of the Pierce County Auditor, more particularly described as follows: Commencing at the North quarter corner of said Section 29, Township 21 North, Range 2 East of the W.M., thence on the same bearing system as recorded on said Survey Number 660 and along the North-South center line of said Section 29, South 01 degrees 30'39" West a distance of 627.45 feet to the true point of beginning of this description; thence continuing along said North-South center line of said Section 29, South 01 degrees 30'39" West a distance of 425.00 feet to a point 275.00 feet North of the South line of the Northeast quarter of the Northwest quarter of said Section 29 as measured along the East line of said Subdivision; thence North 88 degrees 26'36" West parallel with the South line of said Northeast quarter of the Northwest quarter of said Section 29 a distance of 512.47 feet; thence parallel with the East line of said Northeast quarter of the Northwest quarter of said Section 29, North 01 degrees 30'39" East a distance of 425.00 feet to a point that bears North 88 degrees 26'36" West from the true point of beginning; thence South 88 degrees 26'36" East parallel with the South line of said Northeast quarter of the Northwest quarter of said Section 29 a distance of 512.47 feet to the true point of beginning and the terminus point of this description. AND; That portion of the Northeast quarter of the Northwest quarter of SECTION 29, TOWNSHIP 21 NORTH, RANGE 2 EAST of the W.M., in Pierce County, Washington, also being a portion of Parcel A of that particular Survey recorded on March 18, 1975 in Book 7 of Surveys at Page 60 and known as record of Survey Number 660 office of the Pierce County Auditor, more particularly described as follows: Commencing at the North quarter corner of said Section 29, Township 21 North, Range 2 East of the W.M.; thence on the same bearing system as recorded on said Survey Number 660 and along the North-South center line of said Section 29, South 01 degrees 30'39" West a distance of 627.45 feet; thence continuing along said North-South center line of said Section 29, South 01 degrees 30'39" West a distance of 425.00 feet to a point 275.00 feet North of the South line of the Northeast quarter of the Northwest quarter of said Section 29 as measured along the East line of said Subdivision; thence North 88 degrees 26'36" West parallel with the South line of said Northeast quarter of the Northwest quarter of said Section 29 a distance of 200.00 feet to the true point of beginning of this addition, said point also being the Northwest corner of New Parcel A of said Declaration of Boundary Line Revision Document recorded under Auditor's No. 8809140476; thence continuing along the projection of the last mentioned course also being the common line between New Parcels B and C of said Auditor's No. 8809140476 North 88 degrees 26'36" West a distance of 312.47 feet to the Southwest corner of said New Parcel C; thence along the projection of the West line of said New Parcel C South 01 degrees 30'39" West a distance of 140.00 feet; thence South 88 degrees 26'36" East parallel with the South line of said New Parcel C a distance of 312.47 feet to a point on the West line of said New Parcel A of said Auditor's No. 8809140476; thence North 01 degrees 30'39" East along said West line a distance of 140.00 feet to the true point of beginning and the terminus point of this description. AND; A portion of the Northwest quarter of SECTION 29, TOWNSHIP 21 NORTH, RANGE 1 EAST of the W.M., in Pierce County, Washington, more particularly described as follows: Commencing at the North quarter corner of said Section 29 (1/4 corner common to Sections 20 and 29); thence South 1 degrees 30'39" West a distance of 627.45 feet along the North-South centerline of said Section 29 to the Northeast corner of Declaration of Boundary Line Revision New Parcel C as recorded under Auditor's No. 8902100371; thence North 88 degrees 26'36" West a distance of 512.47 feet to the Northwest corner of said New Parcel C the point of beginning; thence continuing North 88 degrees 26'36" West a distance of 145.39 feet; thence South 1 degrees 40'14" West a distance of 1031.74 feet to an angle point on the Southerly boundary of New Parcel B Declaration of Boundary Line Revision recorded under Auditor's No. 8902100371; thence South 88 degrees 25'43" East a distance of 460.74 feet to the Southeast corner of Declaration of Boundary Line Revision New Parcel B, as recorded under Auditor's No. 8902100371; thence North 1 degrees 30'39" East a distance of 466.86 feet; thence North 88 degrees 26'36" West a distance of 312.47 feet; thence North 1 degrees 30'39" East a distance of 565.00 feet to the point of beginning. Tax Account No.: 022129-2-060 and 022129-2-700; under that certain DEED OF TRUST dated March 15, 2004, recorded March 16, 2004 under AFN 200403160390, which was re-recorded November 4, 2014 under AFN 201411040328, by and among JAMES W. LUSTIG, as his separate estate, as the Grantor, PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC., as the Trustee, and FRONTIER BANK, a Washington banking corporation, now known as MUFG UNION BANK, N.A., successor in interest to the FDIC as Receiver of Frontier Bank, as the Beneficiary, in the records of Pierce County, Washington, and the Personal Property described, in the above referenced Deed of Trust, as: PERSONAL PROPERTY. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessories, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all issues and profits thereon and proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale of other disposition of the Property. UNIFIED FORECLOSURE SALE: Beneficiary hereby elects to conduct a unified foreclosure sale pursuant to the provisions of RCW 62A.9A-604(a) and (b) to include in the non-judicial foreclosure of the estate described in this Notice of Trustee's Sale all of the personal property and fixtures described in the Deed of Trust and in any other instruments in favor of Beneficiary. Beneficiary reserves the right to revoke its election as to some or all of said personal property and/or fixtures, or to add additional personal property and/or fixtures to the election herein
expressed, at Beneficiary's sole election, from time to time and at any time until the consummation of the trustee's sale to be conducted pursuant to the Deed of Trust and this Notice of Trustee's Sale. II. No action commenced by the Beneficiary of the Deed of Trust or the Beneficiary's successor is now pending to seek satisfaction of the obligation in any court by reason of the Grantor's default on the obligation secured by the Deed of Trust. III. The default(s) for which this foreclosure is made is: a. Failure to pay the following past due amounts, which are in arrears: Principal Balance:^$758,927.33 Accrued interest:^$293,164.75 Credit Report Fee:^$6.73 Appraisal Fees:^$2,825.00 Environmental Fees:^$1,350.00 Real Estate Taxes:^$18,978.91 Late Charges:^$12,414.86 TOTAL AMOUNT DUE AS OF NOVEMBER 10, 2014:^$1,087,667.58** (PER DIEM: $259.91) IV. The sum owing on the obligation secured by the Deed of Trust is: Principal: $758,927.33, together with interest as provided in the Note or other instrument, and late charges and such other costs and fees as are due under the note or other instrument secured by those deeds of trust, 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, express or implied, regarding title, possession, or encumbrances on Friday, February 13, 2015. The default(s) referred to in paragraph III must be cured by n/a (11 days before the sale date), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before n/a (11 days before the sale date), the default(s) as set forth in paragraph III is/are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after n/a (11 days before the sale date), and before the sale by the 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 and/or Deed of Trust, and curing all other defaults. ** PURSUANT TO A CHANGE IN TERMS AGREEMENT DATED JUNE 15, 2009, THIS OBLIGATION WAS DUE AND PAYABLE IN FULL ON SEPTEMBER 15, 2009. ANY LANGUAGE HEREIN THAT INDICATES THE PROMISSORY NOTE CAN BE REINSTATED IS HEREBY SUPERSEDED. VI. A written Notice of Default was transmitted by the Beneficiary or Trustee to the Grantor or the Grantor's successor in interest at the following address: James W. Lustig 8420 Greenwood Avenue N Seattle, WA 98103 Jane Doe Lustig 8420 Greenwood Avenue N Seattle, WA 98103 James W. and Jane Doe Lustig Husband and wife 8420 Greenwood Avenue N Seattle, WA 98103 James W. Lustig 2928 Point Fosdick Dr. N.W. Gig Harbor, WA 98335 Jane Doe Lustig 2928 Point Fosdick Dr. N.W. Gig Harbor, WA 98335 James W. and Jane Doe Lustig Husband and wife 2928 Point Fosdick Dr. N.W. Gig Harbor, WA 98335 by both first class and certified mail, return receipt requested, on August 11, 2014, proof of which is in the possession of the Successor Trustee. And on August 14, 2014, the written Notice of Default was posted on the property, proof of which is in possession of the Successor Trustee. 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 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 GUARANTOR(S) 1) A 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 Deed of Trust; 2) A 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) A 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 R.C.W., 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, a 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 this 10TH day of November 2014. TRUSTEE: THE LANZ FIRM, P.S., a Washington Corporation: By: Bernard G. Lanz, President Grand Central Building, Suite 333 216 1st Avenue South Seattle, Washington 98104 206-382-1827 Telephone 206-327-9000 Facsimile January 9, 30