Re: SMITH, HAROLD V TS No WA07000135-10-1 APN 0318148024 TO No 4510665 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, FIRST AMERICAN TITLE INSURANCE COMPANY will on 4/ 5/2013 at 10:00 AM, at the 2nd floor entry plaza of the Superior Courthouse, 930 Tacoma Avenue South, Tacoma, WA 98402, 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 cashier's 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 Pierce, State of Washington, to-wit: PARCEL A:LOT 3 OF PIERCE COUNTY SHORT PLAT NO. 8409200206, ACCORDING TO SHORT PLAT RECORDED SEPTEMBER 20, 1984, IN PIERCE COUNTY, WASHINGTON.PARCEL B: A NONEXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DELINEATED ON PIERCE COUNTY SHORT PLAT NO. 8409200206, ACCORDING TO SHORT PLAT RECORDED SEPTEMBER 20, 1984, IN PIERCE COUNTY, WASHINGTON.PARCEL C:A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS CREATED BY INSTRUMENT RECORDED UNDER RECORDING NO. 2804887, IN PIERCE COUNTY, WASHINGTON. APN: 0318148024 Commonly known as: 23519 37TH AVE CT EAST, SPANAWAY, WA 98387 which is subject to that certain Deed of Trust dated 7/18/2006 Recorded on 7/25/ 2006 as Instrument No. 200607250818 of official records in the Office of the Recorder of Pierce County, Washington from HAROLD V SMITH AN UNMARRIED MAN AND JACQUELINE LEE BENDER AN UNMARRIED WOMAN, EACH AS THEIR SEPERATE ESTATE 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 Beneficiary of the Deed of Trust or the Beneficiary's successor 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/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 November 1, 2008 To November 26, 2012 Number of Payments 48 Monthly Payment $1,490.27 Total $71,532.96 LATE CHARGE INFORMATION November 1, 2008 November 26, 2012 49 $74.52 $3,651.48 PROMISSORY NOTE INFORMATION Note Dated: July 18, 2006 Note Amount: $188,028.00 Interest Paid To: October 1, 2008 Next Due Date: November 1, 2008 IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $183,509.08, 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. Said sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on April 5, 2013. The default(s) referred to in Paragraph III must be cured by March 25, 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 March 25, 2013 (11 days before the sale date), the default(s) as set forth in Paragraph III is/are 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 March 25, 2013 (11 days before the sale date) and before the sale, by the Borrower or Grantor or the Grantor's successor in interest or the holder of any recorded junior lien or encumbrance by 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. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse. VI. A written Notice of Default was transmitted by the Beneficiary, FLAGSTAR BANK, FSB or Trustee to the Borrower and Grantor or the Grantor's successor in interest at the following address(es): ADDRESS 23519 37TH AVE CT EAST, SPANAWAY, WA 98387; 23519 37TH AVENUE CT E, SPANAWAY, WA 983877402; 23519 37TH AVE CT EAST, SPANAWAY, WA 98387; by both first class and certified mail on August 13, 2010 proof of which is in the possession of the Trustee; and said 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 and tenants. After the 20th day following the sale the purchaser has the right to evict occupants and 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, cu re 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 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: 11/26/2012 TRUSTEE CORPS By: Paul Kim, 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 ONLINE AT www.priorityposting.com FOR AUTOMATED SALES INFORMATION PLEASE CALL: Priority Posting and Publishing at 714-573-1965 P1004835 3/4, 03/25/2013