Re: SmithHermes-NOTICE OF TRUSTEE’S SALE

Re: SmithHermes-NOTICE OF TRUSTEE’S SALE

Re: Smith/Hermes

NOTICE OF TRUSTEE’S SALE

Grantors: Harold James Smith, a married man and Bret L. Hermes, an unmarried person

Grantee: Barton Enterprises, L.L.C.

Current Beneficiary of the Deed of Trust: Barton Enterprises, LLC

Current Trustee of the Deed of Trust: Allen T. Miller

Current Mortgage Servicer of the Deed of Trust: Barton Enterprises, LLC Reference Number of the Deed of Trust: Deed of Trust dated January 31, 2019, and recorded January 31, 2019, under Pierce County Auditor No. 201901310550

Parcel Number: 2455000946

TO: GRANTORS/BORROWERS:

Bret L. Hermes

9714 192nd St. E.

Snohomish, WA 98296

Harold J. Smith

6209 Knoble Rd. E.

Spanaway, WA 98387 Harold J. Smith & Bret L. Hermes

PO Box 4001

Spanaway, WA 98387

OCCUPANTS:

6209 Knoble Rd. E.

Spanaway, WA 98387 OTHER:

Willamette Valley Bank

101 High Street Northeast

Salem, OR 97301

Planet Home Lending, LLC

321 Research Parkway

Suite 303

Meriden, CT 06450

Abbreviated Legal Description: Section 06 Township 18 Range 04 Quarter 42 BERKELEY PARK PARCEL E OF DBLR 93-04-14-0533 DESC AS E 10 FT OF L 14 TOG/W L 15 THRU 17 TOG/W W 20 FT OF L 18 B 34 TOG/W ALL ALLEY ABUTT ON N & THAT POR KNOBLE RD ABUTT ON S VAC PER ORD 92-113 EASE OF REC OUT OF 094-1 SEG F-0399JU 9-20-93C

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 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 Washington State Housing Finance Commission: Toll-free: 1-877-894-HOME (1-877-894-4663)

http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm * The United States Department of Housing and Urban Development: Toll-free: 1-800-569-4287

Local counseling agencies in Washington:

http://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: Toll-free: 1-800-606-4819

http://nwjustice.org/what-clear

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 will on the 18th day of November 2022, at the hour of 10:00 a.m. at the main entrance to the Pierce County Courthouse, 930 Tacoma Ave S, Tacoma, WA 98402, 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 EASTERN 10 FEET OF LOT 14 TOGETHER WITH LOTS 15 THROUGH 17 TOGETHER WITH THE WESTERN 20 FEET OF LOT 18, IN BLOCK 34 OF BERKELEY PARK, ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS AT PAGE 51, IN PIERCE COUNTY, WASHINGTON.

TOGETHER WITH THAT PORTION OF VACATED ALLEY ABUTTING, ALSO WITH THAT PORTION OF VACATED KNOBLE ROAD EAST ABUTTING PER ORDINANCE 92-113 AND UNDER AUDITOR’S FILE NO. 9301140150.

(ALSO KNOWN AS REVISED PARCEL E OF BOUNDARY LINE REVISION RECORDED ON APRIL 14, 1993 AS RECORDING NO. 9304140533, IN THE OFFICAL RECORDS OF PIERCE COUNTY, WASHINGTON)

which has an address of 6209 Knoble Rd. E.,

Spanaway, WA 98387 Assessor’s Tax Parcel ID 2455000946

which is subject to that certain Deed of Trust dated January 31, 2019, recorded January 31, 2019, under Auditor’s File No. 201901310550, records of Pierce County, Washington, from Harold James Smith, a married man and Bret L. Hermes, an unmarried person , as Grantors, Barton Enterprises, LLC as Trustee, which obligation was assumed by Bret L. Herms and Harold J. Smith pursuant to an Deed of Trust dated January 31, 2019, recorded January 31, 2019, under Auditor’s File Nos. 201901310550, to secure an obligation in favor of Barton Enterprises, LLC as Beneficiary.

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 Borrowers’ or Grantors’ default on the obligation secured by the Deed of Trust and the Assumption and Release Agreement.

III.

The default(s) for which this foreclosure is made are as follows:

Failure to pay when due the following amounts which are now in arrears:

Monthly Principal/Interest Payments: $7,200.00

Escrow: $ Accrued Interes $9,000.00

TOTAL AMOUNT IN ARREARS: $16,200.00

IV.

The sum owing on the obligation secured by the Deed of Trust is: Principal $40,000.00, together with interest as provided in the Note or other instrument secured from the 31st day of January, 2019, 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 the 18th day of November 2022. The default(s) referred to in Paragraph III must be cured by the 7th day of November 2022 (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 the 7th day of November 2022 (11 days before the sale), the default(s) as set forth in Paragraph III is/are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after the 7th day of November 2022 (11 days before the sale date), and before the sale by the Borrowers, Grantors, 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 to the Borrowers and Grantors at the following address: Bret L. Hermes

9714 192nd St. E.

Snohomish, WA 98296

Harold J. Smith & Bret L. Hermes

PO Box 4001

Spanaway, WA 98387

Harold J. Smith

6209 Knoble Rd. E.

Spanaway, WA 98387 by both first class and certified mail on the 16th day of April 2022, proof of which is in the possession of the Trustee; and the written Notice of Default was posted in a conspicuous place on the real property described in Paragraph I above on the 16th day of April 2022, and the Trustee has possession of proof of such 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 Grantors and all those who hold by, though, or under the Grantors of all their interest in the above-described property.

IX.

Anyone having any objections 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 Grantors 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 tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.

DATED: October 5, 2022

PAINE HAMBLEN, LLP

ALLEN T. MILLER, Trustee

Address: 717 West Sprague Avenue, Suite 1200

Spokane, Washington 99201-0466

Telephone: (509) 455-6030

IDX-964727

October 14, November 4, 2022