Re: VICK, DONALD R & KAUTE Trustee's Sale No: 01-FSL-119700 NOTICE OF TRUSTEE'S SALE Pursuant to R.C.W. Chapter 61.24, et seq. and 62A.9A-604(a)(2) et seq. NOTICE IS HEREBY GIVEN that the undersigned Trustee, RTS Pacific, Inc., will on May 29, 2015, 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 publlc 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: LOT(S) 85, GARDEN OAKS DIVISION 1, PHASE 1, ACCORDING TO THE PLAT RECORDED UNDER AUDITOR'S NO. 9702060269, AND AS AMENDED BY AFFIDAVIT OF MINOR CORRECTION OF SURVEY RECORDED UNDER AUDITOR'S NUMBER 9703070375, IN PIERCE COUNTY, WASHINGTON. SITUATED IN PIERCE COUNTY, STATE OF WASHINGTON. Tax Parcel No: 5001710850, commonly known as 23009 41ST AVENUE EAST SPANAWAY, WA. The Property is subject to that certain Deed of Trust dated 5/8/ 2007, recorded 5/18/2007 , under Auditor's/Recorder's No. 200705181146, records of PIERCE County, Washington, from DONALD R VICK, AND KAUTE 0 VICK, HUSBAND AND WIFE, as Grantor, to LANDSAFE TITLE OF WASHINGTON, as Trustee, in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC DBA AMERICA'S WHOLESALE LENDER ITS SUCCESSORS AND ASSIGNS, as Beneficiary, the beneficial interest in which is presently held by The Bank of New York Mellon FKA The Bank of New York, as Trustee for the certificateholders of the CWABS, Inc., ASSET-BACKED CERTIFICATES, SERIES 2007-10. 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: FAILURE TO PAY THE MONTHLY PAYMENT WHICH BECAME DUE ON 7/1/2010, AND ALL SUBSEQUENT MONTHLY PAYMENTS, PLUS LATE CHARGES AND OTHER COSTS AND FEES AS SET FORTH. Failure to pay when due the following amounts which are now in arrears: Amount due as of January 28, 2015. Delinquent Payments from July 01, 2010, 37 payments at $1,723.59 each, $63,772.83 , 12 payments at $1,688.23 each, $20,258.76 , 6 payments at $1,693.89 each, $10,163.34 (07-01-10 through 0128-15) Late Charges: $0.00 BENEFICIARY ADVANCES: Total Uncollected: $1,757.21 Suspense Credit: $2,083.86 TOTAL: $93,868.28. IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $201,615.22, 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 expenses 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 May 29, 2015. The default(s) referred to in paragraph III must be cured by May 18, 2015 (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 May 18, 2015, (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. The sale may be terminated at any time after May 18, 2015, (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: DONALD R VICK, 23009 41ST AVENOE EAST, SPANAWAY, WA, 98387 KALITE 0 VICK, 23009 41ST AVENUE EAST, SPANAWAY, WA, 98387 by both first class and certified mail on 12/15/2014, proof of which is in the possession of the Trustee; and on 12/15/2014, 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's Sale will be held in accordance with Ch. 61.24 RCW and anyone wishing to bid at the sale will be required to have in his/her possession at the time the bidding commences, cash, cashier's check, or certified check in the amount of at least one dollar over the Beneficiary's opening bid. In addition, the successful bidder will be required to pay the full amount of his/her bid in cash, cashier's check, or certified check within one hour of the making of the bid. 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 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: 1877-894-HOME (1-877-894-4663) Web site: http://www.dfLwa.gov/consumers/homeownership/ post_purchase_counselors_foreciosure.htm The United States Department of Housing and Urban Development Telephone: 1-800-569-4287 Web site: http://www.hud.gov/offices/hsg/sfh/ hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=d fc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys Telephone: 1-800-606-4819 Website: http:// nwjustice.org/what-c1ear 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 proceeding under Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with section 2 of this act. Dated: 1/21/2015. RTS Pacific, Inc., Trustee. By: Gregory Boscombe, Authorized Agent. Address: 616 1st Avenue, Suite 500, Seattle, WA 98104 Phone: (206)340-2550 Sale Information: http://www.rtspacific.com (05/01/ 2015, 05/22/2015 DLPP-441848)