Re: Rupert, David MIN #: 100272200002927437 Loan #: 292743 Trustee #: 40016.583/KFT NOTICE OF TRUSTEE'S SALE Pursuant to the Revised Code of Washington Chapter 61.24, et seq. Grantor(s): Hillis Clark Martin & Peterson P.S., Successor Trustee Beneficiary Mortgage Electronic Registration Systems, Inc./ Federal National Mortgage Association Grantee(s): David A. Rupert Legal Description (abbreviated): x Complete legal within document LOTS 3-7, BLOCK 2, WAITES ADDITION TO THE CITY OF NEW TACOMA, VOLUME 1, PAGE 57 Assessor's Tax Parcel Identification No(s): 900632-0040 Reference No. of Related Documents: 200605121012 THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 DAYS from the recording dated on this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are 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 your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission: Telephone: (877) 894-4663 Website: www.dfi.wa.gov/consumers/homeownership/ post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development: Telephone: (800) 569-4287 Website: www.hud.gov/offices/hsg/ sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone: (800) 606-4819 Website: http://nwjustice.org/whatclear I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on April 12, 2013, at the hour of 11:00 AM, at the Second Floor Entry Plaza Outside Pierce County Courthouse, 930 Tacoma Ave South, City of Tacoma, State of Washington, sell at public auction to the highest and best bidder, payable at time of sale, the real property, situated in the County of Pierce, State of Washington, which property is legally described as follows: UNIT 4, OF 858 SOUTH FIFE STREET, A CONDOMINIUM, ACCORDING TO DECLARATION THEREOF RECORDED UNDER PIERCE COUNTY RECORDING NO. 200604260812 AND ANY AMENDMENT(S) THERETO; SAID UNIT IS LOCATED ON SURVEY MAP AND PLANS RECORDED UNDER RECORDING NO. 200604265002 IN PIERCE COUNTY, WASHINGTON, the postal address of which is commonly known as: 858 South Fife Street, Unit 4, Tacoma, Washington 98405, which property is subject to that certain Deed of Trust dated May 1, 2006, and recorded in the Official Records of Pierce County, Washington on May 12, 2006, under Recording No. 200605121012, from David A. Rupert, an unmarried individual, as grantor, to First American Title Insurance Company, as trustee, to secure an obligation in favor of Mortgage Electronic Registration Systems, Inc. ("MERS"), as beneficiary, solely as nominee for Windermere Mortgage Services Series LLC, a Delaware series limited liability company, as lender, (the "Deed of Trust"), the beneficial interest in which was assigned by MERS to HomeStreet Bank ("Beneficiary"), by Assignment of Deed of Trust recorded in the Official Records of Pierce County, Washington on February 24, 2012, under Recording No. 201202240311. The beneficial interest in which was assigned by HomeStreet Bank to Federal National Mortgage Association ("Beneficiary"), by Assignment of Deed of Trust recorded in the Official Records of Pierce County, Washington on July 6, 2012, under Recording No. 201207060561. Hillis Clark Martin & Peterson P.S., is now "Trustee" by reason of an Appointment of Successor Trustee recorded in the Official Records of Pierce County, Washington on March 12, 2012, under Auditor's/Recorder's No. 201203120191. 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 Borrower's or Grantor's default on the obligation secured by the Deed of Trust. III. The defaults for which this foreclosure is made are as follows: Failure to pay when due the following amounts that are now in arrears: Monthly payments of $1,067.80, due on October 1, 2011, through June 1, 2012:^$9,610.20 Late charges of $44.30 each for monthly payments due on October 1, 2011, through June 1, 2012:^$398.70 Monthly payments of $1,070.49, due on July 1, 2012, through December 1, 2012:^$6,422.94 Late charges of $44.30 each for monthly payments due on July 1, 2012, through November 1, 2012:^$221.50 Advances made by Beneficiary: Additional late charge balance:^$44.30 Trustee's fees and costs for prior foreclosure action^$2,409.79 TOTAL MONTHLY PAYMENTS, LATE CHARGES, AND OTHER AMOUNTS IN ARREARS:^$19,107.43 IV. The sum owing on the obligation secured by the Deed of Trust is: Principal Balance, $132,027.24, together with interest as provided in the Note or other instrument secured from September 1, 2011, and such other costs and fees as are due under the promissory note or other instrument secured, and as are provided by statute. V. The 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 April 12, 2013. The defaults referred to in paragraph III must be cured by April 1, 2013 (11 days before the sale) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before April 1, 2013 (11 days before the sale date) the default as set forth in paragraph III is cured and the Trustee's fees and costs are paid. The sale may be terminated any time after April 1, 2013 (11 days before the sale) 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: David A. Rupert 858 South Fife Street, Unit 4 Tacoma, Washington 98405 Jane Doe, Unknown Spouse of David A. Rupert 858 South Fife Street, Unit 4 Tacoma, Washington 98405 by both first class and certified mail on November 5, 2012, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on November 6, 2012, with said written Notice of Default or the written notice of default posted in a conspicuous place on the 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. To the best of the Trustee's knowledge and belief, grantors are not active members of the United States military forces. 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 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 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 t
enants. 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 and the Helping Families Save Their Homes Act of 2009. XI. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Sale status may be accessed at http:/ /ts.hcmp.com. DATED this 11th day of December, 2012. TRUSTEE: HILLIS CLARK MARTIN & PETERSON P.S. By: Julie B. Hamilton 1221 Second Avenue, Suite 500 Seattle, Washington 981012925 (206) 623-1745 STATE OF WASHINGTON COUNTY OF KING )ss. I certify that I know or have satisfactory evidence that Julie B. Hamilton is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the representative of HILLIS CLARK MARTIN & PETERSON, a Washington professional service corporation, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of December, 2012. Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires March 13, April 3