Re: NAY, HOLLY E Trustee Sale No WA07000073-11-1 APN 781500-115 Title Order No 110244085-WA-GSI NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ. I. NOTICE IS HEREBY GIVEN that on 5/4/2012, 10:00 AM, At the main entrance to the Superior Courthouse, 930 Tacoma Avenue, Tacoma, WA, MTC FINANCIAL INC. dba TRUSTEE CORPS, the undersigned 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 1, BLOCK 39, SOUTH TACOMA, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 1 OF PLATS, PAGE 25, RECORDS OF PIERCE COUNTY WASHINGTON. SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON. NOTE FOR INFORMATIONAL PURPOSES ONLY: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. LOT 1, BLOCK 39, SOUTH TACOMA APN: 781500-115 Morecommonly known as 7002 E E ST, TACOMA, WA 98404-1853 which is subject to that certain Deed of Trust dated 12/8/2008 and recorded on 12/15/ 2008, as Instrument No. 200812150255 of official records in the Office of the Recorder of Pierce County, WA from HOLLY E. NAY, A UNMARRIED PERSON as Grantor(s),to JOAN H. ANDERSON, EVP ON BEHALF OF FLAGSTAR BANK, FSB as Trustee, to secure an obligation in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as the original Beneficiary. II. No action commenced by FLAGSTAR BANK, FSB, the current Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrowers' or Grantor's default on the obligation secured by the Deed of Trust/Mortgage. Current Beneficiary: FLAGSTAR BANK, FSB Contact Phone No: (800) 968-7700 Address: 5151 Corporate Drive, Troy, MI 48098 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: DELINQUENT PAYMENT INFORMATION From 02/01/2011 To 1/24/2012 Number of Payments 12 Monthly Payment $1336.72 Total $16,040.64 LATE CHARGE INFORMATION From 02/01/2011 To 1/24/ 2012 Number of Payments 13 Monthly Payment $66.84 Total $868.92 PROMISSORY NOTE INFORMATION Note Dated: 12/8/2008 Note Amount: $177,946.00 Interest Paid To: 1/1/2011 Next Due Date: 2/1/ 2011 IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $173,204.97, together with interest as provided in the Note from the 2/1/2011, 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 5/4/2012. The defaults referred to in Paragraph III must be cured by 4/23/2012, (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 4/23/2012 (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 cashier's or certified checks from a State or federally chartered bank. The sale may be terminated any time after the 4/23/2012 (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 current Beneficiary, FLAGSTAR BANK, FSB or Trustee to the Borrower and Grantor at the following address(es): ADDRESS 7002 E E ST, TACOMA, WA 98404-1853 7002 E E ST, TACOMA, WA 98404, by both first class and certified mail on 10/10/ 2011, 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. 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; 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 Trustees' 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 Trustees' 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 costs. The failure of the Beneficiary to provide any Guarantor 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. DATED: 1/24/2012 TRUSTEE CORPS By: Paula Gutierrez, Authorized Signatory TRUSTEE CORPS 1700 Seventh Avenue Suite 2100 Seattle WA 98101 TRUSTEE CORPS 17100 Gillette Ave Irvine, CA 92614 SALE INFORMATION CAN BE OBTAINED ON LINE AT www.priorityposting.com AUTOMATED SALES INFORMATION PLEASE CALL 714-573-1965 P918861 4/2, 04/ 23/2012
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