Re: RAMIREZ, LUIS E & DANA NOTICE OF TRUSTEE'S SALE Pursuant to R.C.W. Chapter 61.24, et seq. and 62A.9A-604(a)(2) et seq. Trustee's Sale No: WA-BVS-12013505 Loan No. 0200038003 I NOTICE IS HEREBY GIVEN that the undersigned Trustee, PEAK FORECLOSURE SERVICES OF WASHINGTON, INC., will onJune 28, 2013, at the hour of 10:00 AM, at THE 2ND FLOOR ENTRY PLAZA OUTSIDE THE COUNTY COURTHOUSE, 930 TACOMA AVENUE SOUTH, TACOMA, WA, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real and personal property (hereafter referred to collectively as the "Property"), situated in the County of PIERCE, State of Washington, to-wit: PARCEL A: SOUTH 100 FEET OF THE NORTH 175 FEET OF THE WEST 115 FEET OF BLOCK 77, AMENDED MAP OF FIRST SCHOOL LAND ADDITION TO THE CITY OF TACOMA, ACCORDING TO PLAT FILED FOR RECORD JULY 22,1903, IN PIERCE COUNTY, WASHINGTON. EXCEPT THE NORTH 25 FEET OF THE EAST 25 FEET THEREOF. PARCEL B: AN EASEMENT FOR DRIVEWAY PURPOSES OVER THE FOLLOWING DESCRIBED PROPERTY: COMMENCING ON THE SOUTHWEST CORNER OF THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE WEST 115 FEET OF SAID BLOCK 77, RUNNING THENCE WEST TO THE EAST CURB LINE OF PACIFIC AVENUE; THENCE NORTHERLY ALONG SAID CURB LINE 12 1/2 FEET; THENCE SOUTHEASTERLY TO THE POINT OF BEGINNING. Tax Parcel No: 7470022920, commonly known as 4615 PACIFIC AVENUE , TACOMA, WA. The Property is subject to that certain Deed of Trust dated 10/27/2005, recorded 11/1/2005 , under Auditor's/ Recorder's No. 200511011670, records of PIERCE County, Washington, from LUIS E. RAMIREZ AND DANA M. RAMIREZ, HUSBAND AND WIFE, as Grantor, to CHICAGO TITLE INSURANCE CO., as Trustee, in favor of INTERBAY FUNDING, LLC, as Beneficiary, the beneficial interest in which is presently held by BAYVIEW LOAN SERVICING, LLC. 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 default(s) for which this foreclosure is/are made are as follows: THE INSTALLMENT OF PRINCIPAL AND INTEREST WHICH BECAME DUE 10/01/2012 TOGETHER WITH ALL SUBSEQUENT INSTALLMENTS OF PRINCIPAL AND INTEREST LATE CHARGES AND FORECLOSURE FEES AND EXPENSES. ANY ADVANCES WHICH MAY HEREAFTER BE MADE; ALL OBLIGATIONS AND INDEBTEDNESS AS THEY BECOME DUE AND CHARGES PURSUANT TO SAID NOTE AND DEED OF TRUST. THE BENEFICIARY MAY ELECT, IN ITS DISCRETION, TO EXERCISE ITS RIGHTS AND REMEDIES IN ANY MANNER PERMITTED, AS TO ALL OR SOME OF THE PERSONAL PROPERTY, FIXTURES AND OTHER GENERAL TANGIBLES AND INTANGIBLES MORE PARTICULARLY DESCRIBED IN THE DEED OF TRUST. Other potential defaults do not involve payment to the Beneficiary. If applicable, each of these defaults must also be cured. Listed below are categories of common defaults which do not involve payment of money to the Beneficiary. Opposite of each such listed default is a brief description of the action/documentation necessary to cure the default. The list does not exhaust all possible other defaults; any defaults identified by Beneficiary or Trustee that are not listed below must also be cured. OTHER DEFAULT ACTION NECESSARY TO CURE Nonpayment of Taxes/Assessments Deliver to Trustee written proof that all taxes and assessments against the property are paid current Default under any senior lien Deliver to Trustee written proof that all senior liens are pain current and that no other defaults exist Failure to insure property against hazard Deliver to Trustee written proof that the property is insure against hazard as required by the Deed of Trust 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 Failure to pay when due the following amounts which are now in arrears: IV The sum owing on the obligation secured by the Deed of Trust is: Principal $156,297.60, together with interest as provided in the note or other instrument secured, and such other costs and fees as are due under the note or other instrument secured, 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 June 28, 2013. The default(s) referred to in paragraph III must be cured by June 17, 2013 (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 June 17, 2013, (11 days before the sale date) the defaults) as set forth in paragraph III is/are cured and the Trustee's fees and costs are paid. The sale may be terminated at any time after June 17, 2013, (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. VI A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addresses: DANA M. RAMIREZ, 4615 PACIFIC AVENUE, TACOMA, WA, 98408 DANA M. RAMIREZ, 7422 EAST G STREET, TACOMA, WA, 98404 LUIS E. RAMIREZ, 4615 PACIFIC AVENUE, TACOMA, WA, 98408 LUIS E. RAMIREZ, 7422 EAST G STREET, TACOMA, WA, 98404 by both first class and certified mail on 01/03/2013, proof of which is in the possession of the Trustee; and on 1/ 3/2013, 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 of 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 same 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. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 days from the recording date on this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OT AN ATTORNEY LICENSED IN WASHINGTON NOW to access your situation and refer you to mediation if you eligible and it may help you save your home. See below for safe sources of help. SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission: Telephone: 1-877-894HOME (1-877-894-4663) Web site: www.wshfc.org The United States Department of Housing and Urban Development: Telephone: 1-800-569-4287 Web site: www.hud.gov The statewide civil legal aid hotline for assistance and referrals to other housing: Telephone: 1 -800-606-4819 Web site: www.ocla.wa.gov 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 and tenants. After the 20th day following the sale the purchaser has
the right to evict occupants and tenants by summary proceeding under the Unlawful Detainer Act, Chapter 59.12 RCW. Sale Information Line: 714-730-2727 or Website: http://www.lpsasap.com DATED: February 14, 2013 PEAK FORECLOSURE SERVICES OF WASHINGTON, INC., AS TRUSTEE Smith Tower, 26th Floor, 506 Second Ave., Seattle, WA 98104 By: Lilian Solano, Trustee Sale Officer A-4364265 05/24/2013, 06/ 14/2013