Re: Nelson, Donald & Patricia Grantor(s): Donald A. Nelson and Patricia A. Nelson Beneficiary: Union Bank, N.A., successor in interest to the FDIC as receiver of Frontier Bank Legal Description: Parcel B & C, BLA 201005205002 (ptn. SE SE Sec. 10, Twp. 20N, Rg. 4E) Assessor's Tax Parcel ID: 0420104143 and 042010-4145 File No: 2012-385 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, HACKER & WILLIG, INC., P.S., will on April 19, 2013 at 10:00 AM at the following location: At theSecond Floor Entry Plaza Outside Pierce County Courthouse, 930 Tacoma Avenue South, 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: Parcel A: That portion of the Southeast quarter of the Southeast quarter of Section 10, Township 20 North, Range 4 East of the Willamette Meridian, in Pierce County, Washington, more particularly described as follows: Commencing at the Northwest corner of the East half of the East half of the Southeast quarter of the Southeast quarter of said Section 10; thence South 01 degrees 14'18" West along the West line thereof a distance of 20.00 feet to the true point of beginning; thence continuing along said West line South 01 degrees 14'18" West a distance of 446.09 feet; thence South 88 degrees 45'42" East a distance of 123.78 feet to the beginning of a curve concave to the Northwest having a radius of 20.00 feet; thence Northeasterly along the arc of said curve through a central angle of 35 degrees 10'11" a distance of 12.28 feet to a point of reverse curve having a radius of 36.50 feet; thence Northeasterly, Easterly and Southeasterly along the arc of said curve through a central angle of 104 degrees 55'12" a distance of 66.84 feet; thence South 00 degrees 59'44" West a distance of 10.63 feet to the North line of the property conveyed to James Wolfe by Deed recorded under Auditor's Fee No. 2315714; thence South 88 degrees 31'41" East along said North line a distance of 110.36 feet to intersect a line parallel with and 20.00 feet Westerly of the East line of said Southeast quarter of the Southeast quarter; thence North 00 degrees 39'09" East along said parallel line a distance of 474.35 feet to intersect a line parallel with and 20.00 feet Southerly of the North line of said Southeast quarter of the Southeast quarter; thence North 89 degrees 03'15" West along said parallel line a distance of 295.61 feet to the point of beginning. (Also known as Revised Parcel B of Boundary Line Adjustment recorded under Recording No. 201005205002) Parcel B: That portion of the Southeast quarter of the Southeast quarter of Section 10, Township 20 North, Range 4 East of the Willamette Meridian, in Pierce County, Washington, being more particularly described as follows: Commencing at the intersection of the East line of the West half of the East half of the Southeast quarter of the Southeast quarter of said Section 10 with a line parallel with and 30.00 feet Northerly of the South line of said subdivision; thence North 01 degrees 14'18" East along said East line a distance of 159.92 feet to the true point of beginning; thence North 88 degrees 30'29" West a distance of 138.93 feet; thence South 01 degrees 14'21" West a distance of 135.12 feet to the beginning of a curve concave to the Northeast having a radius of 25.00 feet; thence Southeasterly along the arc of said curve through a central angle of 89 degrees 47'18" a distance of 39.18 feet to intersect a line 30.00 feet Northerly of and parallel with the South line of the Southeast quarter of said Section 10; thence North 88 degrees 32'56" West along said parallel line a distance of 214.82 feet to the West line of the East half of the Southeast quarter of the Southeast quarter of said Section 10; thence North 01 degrees 49'37" East along said West line a distance of 1308.87 feet to the North line of said Southeast quarter of the Southeast quarter; thence South 89 degrees 03'15" East along said North line a distance of 315.40 feet to the East line of the West half of the East half of said Southeast quarter of the Southeast quarter; thence South 01 degrees 14'18" West along said East line a distance of 446.09 feet; thence South 88 degrees 45'42" East a distance of 123.78 feet to the beginning of a curve concave to the Northwest having a radius of 20.00 feet; thence Northeasterly along the arc of said curve through a central angle of 35 degrees 10'11" a distance of 12.28 feet to a point of reverse curve having a radius of 36.50 feet; thence Northeasterly, Easterly, and Southeasterly along the arc of said curve through a central angle of 104 degrees 55'12" a distance of 66.84 feet; thence South 00 degrees 59'44" West a distance of 10.63 feet to the North line of the property conveyed to James Wolfe by Deed recorded under Auditor's Fee No. 2315714; thence North 88 degrees 31'41" West along said North line and the Westerly extension thereof a distance of 60.00 feet to the Northwest corner of 117th Avenue Court East as described in Deed recorded under Auditor's Fee No. 9012100250; thence South 00 degrees 56'45" West along the West line thereof a distance of 540.02 feet to the North line of the South 310 feet of the East half of the East half of said Southeast quarter of the Southeast quarter; thence North 88 degrees 32'56" West along said North line a distance of 132.84 feet to the East line of the West half of the East half of said Southeast quarter of the Southeast quarter; thence South 01 degrees 14'18" West along said East line a distance of 120.07 feet to the point of beginning. (Also known as Revised Parcel C of Boundary Line Adjustment recorded under Recording No. 201005205002) The addresses of said property are believed to be 11611 32nd Street East, Edgewood, WA 98372 and 2806 117th Avenue East, Edgewood, WA 98372. Current Assessor's Tax Parcel ID: 0420104143 and 0420104145 Original Assessor's Tax Parcel ID: 0420104111, 0420104112, and 0420014115 Prior Assessor's Tax Parcel ID: 0420104142, 0420104143, 0420104144, and 0420104700 The afore-described real property is subject to that certain Deed of Trust dated February 21, 2007 and recorded on March 9, 2007, under Auditor's File No. 200703090257, modified on February 21, 2008, recorded February 21, 2008, under Auditor's File No. 200802210276, and re-recorded on March 17, 2010 and April 2, 2010 under Auditor's File No. 201003170404 and 201004020471, respectively, records of Pierce County, Washington from Donald A. Nelson and Patricia A. Nelson, a married couple, as Grantors, to Chicago Title Insurance Company, as Trustee, to secure an obligation memorialized by a promissory note (the "Note") in favor of Frontier Bank, as Beneficiary (jointly, Grantees). Union Bank, N.A., successor in interest to the FDIC as receiver of Frontier Bank, is the current Beneficiary under said Deed of Trust. 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 Note originally matured on August 21, 2008 and was extended to December 15, 2009. The Borrower defaulted on December 15, 2009 and failed to pay the note in full upon maturity on December 15, 2009. The defaults for which this foreclosure is made are as follows: Currently Due to Pay off on January 9, 2013: Loan No. xxxx0992: Principal Balance^$745,053.87 Interest through January 9, 2013^$254,781.64 Late Charges^$1,000.00 Appraisal^$11,140.00 Deferred Loan Fees^$5,351.00 Environmental Report^$2,000.00 Prior Accrued Attor
ney Fees and Costs^$39,621.95 Total Due^$1,058,948.46 Other potential defaults pursuant to the terms of the Note secured by the Deed of Trust may exist which do not involve payment to the Beneficiary. If applicable, each of these defaults must be cured. Listed below are categories of common defaults which do not involve payment of money to the Beneficiary. Opposite each listed default is a brief description of the action and/or documentation necessary to cure the potential default. This list does not exhaust all possible other defaults; any defaults identified by the Beneficiary or Trustee that are not listed below must also be cured. OTHER DEFAULT CURE Nonpayment of Taxes/Assessments Written proof to the Trustee that all taxes and assessments against the property are paid current; Default under any senior lien Written proof to the Trustee that all senior liens are paid current and that no other defaults exist; Waste Cease and desist from committing waste, repair all damage to property and maintain property as required in Deed of Trust; Unauthorized sale of property (Due on Sale) Revert title to permitted vestee. Costs and Fees In addition to the amounts in arrears specified above, you are or may be obligated to pay the following estimated charges, costs and fees to pay off the Deed of Trust. Trustee's or Attorneys' Fees^$2,000.00 Title Report^$2,077.51 Recording Fees^$110.00 Posting of Notice of Default^$80.00 Posting of Notice of Sale^$80.00 Postage^$75.00 Photocopies^$50.00 Long distance telephone charges^$10.00 Federal Express^$ 20.00 Total Estimated Costs and Fees:^$ 4,502.51 Additional Arrearages Interest from January 9, 2013 to April 19, 2013^$23,474.00 @ 11.5% per annum 100 days @ $234.74 per diem Subtotal:^$ 23,474.00 Additional Costs and Fees Est. Additional Trustee's or Attorneys' Fees ^$1,000.00 Estimated Publication Costs ^$800.00 Subtotal:^$ 1,800.00 Total Estimated Payoff Amount as of April 19, 2013:^$ 1,088,724.97 IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $745,053.87, together with interest as provided in the underlying Note and such other costs and fees as are due under the Note and Deed 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 the 19th day of April, 2013. The sale will be discontinued and terminated if at any time on or before April 19, 2013 the defaults as set forth in Paragraph III are cured and the Trustee's fees and costs are paid. The sale may be terminated any time on or 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. VI. A written Notice of Default was transmitted by the Trustee to the Borrowers and Grantors at the following addresses: Donald A. Nelson 2806 117th Avenue East Edgewood, WA 98372 Patricia A. Nelson 2806 117th Avenue East Edgewood, WA 98372 Occupants/Tenants 2806 117th Avenue East Edgewood, WA 98372 Occupants/Tenants 11611 32nd Street East Edgewood, WA 98372 Donald A. and Patricia A. Nelson c/o Bryce H. Dille Campbell, Dille, Barnett & Smith, PLLC 317 South Meridian Puyallup, WA 98371 by both first class and certified mail on November 30, 2012, proof of which is in the possession of the Trustee; and on December 2, 2012 the Borrower and Grantor were 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 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 an objection to the sale on any grounds whatsoever is afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to the Revised Code of Washington, Chapter 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee's Sale. Service of process of any lawsuit or legal action may be made on HACKER & WILLIG, INC. P.S., whose address is 1501 Fourth Avenue, Suite 2150, Seattle, WA 981013225. 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 tenantoccupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. XI. Notice to Guarantor: 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. 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 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. The Guarantor will have no right to redeem the property after the Trustee's sale. Any action 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 (subject to such longer periods as are provided in RCW 61.24). DATED this 15th day of January, 2013. HACKER & WILLIG, INC., P.S., Trustee By: Donald E. Hacker, Jr. For further information please call Kristen Evans at (206) 340-1935. March 15, April 5