Re: Whittington/Gienger MIN #100047200004237920 Loan #423792 Trustee #40016.743/KFT AMENDED 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 Grantee(s): Nathan Whittington and JordenN. Whittington/ Rick A. Gienger and Sandra K. Gienger Legal Description (abbreviated): x Complete legal within document LOT 4, WREN HOLLOW Assessor's Tax Parcel Identification No(s): 5004290040 Reference No. of Related Documents: 200805281368 I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on June 14, 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 is legally described as follows: LOT 4, WREN HOLLOW, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 14, 2008 UNDER RECORDING NUMBER 200802145001, IN PIERCE COUNTY, WASHINGTON; TOGETHER WITH AN UNDIVIDED INTEREST IN TRACT A, B AND C; SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON; the postal address of which is commonly known as 15906 19th Avenue East, Spanaway, Washington 98387 which property is subject to that certain Deed of Trust dated May 19, 2008, and recorded in the Official Records of Pierce County, Washington on May 28, 2008, under Recording No. 200805281368, from Nathan Whittington and Jorden N. Whittington, husband and wife, and Rick A. Gienger and Sandra K. Gienger, husband and wife, as grantors, to Chicago Title Insurance Company, a Missouri corporation, as trustee, to secure an obligation in favor of Mortgage Electronic Registration Systems, Inc. ("MERS"), as beneficiary, solely as nominee for HomeStreet Bank, a Washington state chartered savings bank, 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 October 2, 2012, under Recording No. 201210020396. Hillis Clark Martin & Peterson P.S., is now Trustee by reason of an Appointment of Successor Trustee recorded on June 7, 2012, under Auditor's/Recorder's No. 201206070133, records of Pierce County, Washington. 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 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 $1,378.31, due on February 1, 2012, through May 1, 2012:^$5,513.24 Late Charges of $54.44 each, due on each monthly payment not paid within 15 days of its due date, for monthly payments due on February 1, 2012, through May 1, 2012:^$217.76 Monthly Payment of $1,408.66, due on June 1, 2012:^$1,408.66 Late Charges of $55.95, due on monthly payment not paid within 15 days of its due date, for monthly payment due on June 1, 2012^$55.95 Monthly Payments of $1,406.47, due on July 1, 2012, through March 1, 2013:^$12,658.23 Late Charges of $55.95 each, due on each monthly payment not paid within 15 days of its due date, for monthly payments due on July 1, 2012, through February 1, 2013:^$447.60 Inspection fees:^$96.00 Advances by Lender: Trustee's fees and costs for prior foreclosures and related bankruptcy action:^$4,493.41 TOTAL MONTHLY PAYMENTS, LATE CHARGES, AND OTHER AMOUNTS IN ARREARS:^$24,890.85 IV. The sum owing on the obligation secured by the Deed of Trust is: Principal Balance, $224,568.04, together with interest as provided in the Note or other instrument secured from January 1, 2012, 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 14, 2013. The defaults referred to in paragraph III must be cured by June 3, 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 June 3, 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 June 3, 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: Nathan Whittington 15906 19th Ave. E. Spanaway, Washington 98387 Jorden N. Whittington 15906 19th Ave. E. Spanaway, Washington 98387 Nathan Whittington 11919 Canyon Rd E Puyallup, Washington 983734456 Jorden N. Whittington 11919 Canyon Rd E Puyallup, Washington 983734456 Rick A. Gienger 15906 19th Ave. E. Spanaway, Washington 98387 Sandra K. Gienger 15906 19th Ave. E. Spanaway, Washington 98387 Rick A. Gienger 11919 Canyon Rd E Puyallup, Washington 983734456 Sandra K. Gienger 11919 Canyon Rd E Puyallup, Washington 983734456 by both first class and certified mail on October 9, 2012, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on October 9, 2012, 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. A Notice of Trustee's Sale was executed by the Successor Trustee and filed of record on November 15, 2012, under Auditor's/Recorder's File No. 201211150584 official records of Pierce County, Washington. The Notice was mailed to all persons entitled to notice thereof and posted in compliance with the requirements of RCW Ch. 61.24. VIII. On December 11, 2012, Grantor filed a petition for relief under Chapter 7 of the Bankruptcy Code in the United States Bankruptcy Court, Western District of Washington at Tacoma under Cause No. 12-48325-BDL. As a result of the filing of such bankruptcy petition, the Trustee's Sale, as originally scheduled, was automatically stayed by Section 362(a) of the Bankruptcy Code. On February 11, 2013, an Order was entered by the Bankruptcy Court, which Order provided relief from the automatic stay and authorized and directed the Trustee to proceed with the non-judicial foreclosure against its above-referenced property. IX. 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. X. 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. XI. 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. XII. 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 a
nyone having an interest junior to the deed of trust, including occupant 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 tenantoccupied 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. 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 6th day of March, 2013. TRUSTEE: HILLIS CLARK MARTIN & PETERSON P.S. By: Julie B. Hamilton 1221 Second Avenue 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 March, 2013. Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires May 15, June 5