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: Ptn SE SE 10-20-04 Assessor's Tax Parcel ID: a portion of 0420104145 File No: 2012-387 NOTICE OFTRUSTEE'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 12, 2013 at 10:00 AM at the following location: At the Second 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: THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE W.M., IN PIERCE COUNTY, WASHINGTON; EXCEPT THAT PORTION OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 10, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE W.M., IN PIERCE COUNTY, WASHINGTON; THENCE NORTH 0 DEGREES 46'48" WEST ALONG THE EAST LINE OF SAID SECTION 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION, 134.57 FEET; THENCE NORTH 0 DEGREES 29'12" WEST 820 FEET; THENCE EAST TO INTERSECT THE EAST LINE OF SAID SECTION AT A POINT 820 FEET NORTH OF THE TRUE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 46'48" EAST ALONG SAID EAST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION OF THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE W.M., IN PIERCE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 10; THENCE NORTH 0 DEGREES 46'48" WEST ALONG THE EAST LINE OF SAID SECTION 10, A DISTANCE OF 30 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 10, A DISTANCE OF 194.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 29'12" WEST 280 FEET; THENCE WEST 134.57 FEET TO THE WEST LINE OF SAID SUBDIVISION AT A POINT 310 FEET NORTH 0 DEGREES 11'37" WEST OF THE SOUTH LINE OF SAID SECTION 10; THENCE SOUTH 0 DEGREES 11'37" EAST 280 FEET TO THE NORTH LINE OF 41ST AVENUE NORTHEAST; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 10, 134.57 FEET TO THE TRUE POINT OF BEGINNING; ALSO EXCEPT THE SOUTH 30 FEET THEREOF FOR 41ST AVENUE NORTHEAST; ALSO EXCEPT THE EAST 20 FEET AND THE NORTH 20 FEET FOR COUNTY ROAD; ALSO EXCEPT PORTION CONVEYED TO PIERCE COUNTY FOR RIGHT OF WAY FOR 117TH AVE CT EAST IN DEED RECORDED UNDER AUDITOR'S NO. 9012100250; SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON. (Also known as a portion of Revised Parcel C of Boundary Line Adjustment recorded under Recording No. 201005205002) The Deed of Trust describes the address as: 2806 117th Avenue Court East, Edgewood, WA 98372. The current address of said property is believed to be: 11611 32nd Street East, Edgewood, WA 98372. The Deed of Trust describes the Assessor's Tax Parcel ID as: 042010411-5 The current Assessor's Tax Parcel ID is: a portion of 0420104145 The afore-described real property is subject to that certain Deed of Trust dated February 22, 2008 and recorded on February 25, 2008, under Auditor's File No. 200802250195, records of Pierce County, Washington from Donald A. Nelson and Patricia A. Nelson, husband and wife, as Grantor, to Pacific NW Title Co. Pierce Co., 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 15, 2009 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 2, 2013: Loan No. xxxx1156: Principal Balance^$112,976.38 Interest (through January 2, 2013)^$ 38,239.04 Late Charge^$1,000.00 Prior Accrued Attorneys' Costs and Fees^$1,177.23 Total Due^$153,392.65 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^$2,000.00 Title Report (billed under related matter)^$ 0.00 Recording Fees^$120.00 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^$20.00 Total Estimated Costs and Fees:^$ 2,435.00 Additional Arrearages Interest from January 2, 2013 to April 12, 2013^$3,560.00 @ 11.50% per annum 100 days @ $35.60 per diem Subtotal:^$ 3,560.00 Additional Costs and Fees Est. Additional Trustee's or Attorneys' Fees ^$1,000.00 Estimated Publication Costs ^$850.00 Subtotal:^$ 1,850.00 Total Estimated Payoff Amount as of April 12, 2013:^$ 161,237.65 IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $112,976.38, 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 12th day of April, 2013. The sale will be discontinued and terminated if at any time on or before April 12, 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 Borrower and Grantor at the following addresses: Donald A. Nelson 2806 117th Avenue East Edgewood, WA 98372 Patricia A. Nelson 2806 117th Avenue East Edgewood, WA 98372 Donald A. Nelson
2806 117th Avenue Court East Edgewood, WA 98372 Patricia A. Nelson 2806 117th Avenue Court 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 P.L.L.C. 317 S. Meridian Puyallup, WA 98371 by both first class and certified mail on November 28, 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 8th 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 8, 29