Re: Williams, Robert NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24, ET SEQ. NOTICE IS HEREBY GIVEN that the undersigned Successor Trustee will on Friday, January 9, 2015, at the hour of 10:00 a.m., 2nd floor entry plaza outside the Pierce County Courthouse, 930 Tacoma Avenue South, in the City of Tacoma, State of Washington, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real and personal property, situated in the County of Pierce, State of Washington (the "Property"), to-wit: PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9707080524 DESCRIBED AS FOLLOWS: THE NORTH 175 FEET OF HALF DOLLAR BERRY TRACTS, ACCORDING TO PLAT RECORDED IN BOOK 10 OF PLATS AT PAGE 51 IN PIERCE COUNTY, WASHINGTON EXCEPT THE EAST 165 FEET; EXCEPT THE WEST 140 FEET Assessor's Tax Parcel ID Number: 4320000212 Together with all tenements, hereditaments, rights-of-way, easements, appendages and appurtenances thereto belonging or in any way appertaining, including without limitation all of the right, title and interest of Borrower in and to any avenues, streets, ways, alleys, vaults, strips or gores of land adjoining the Property, all rights to water, water stock, drains, drainage and air rights relating to the Property, and all claims or demands of Borrower either in law or in equity in possession or expectancy of, in and to the Property; And together with all buildings, structures and other improvements now or hereafter erected on the Property, and all facilities, fixtures, machinery, apparatus, installations, goods, equipment, inventory, furniture, building materials and supplies and other properties of whatsoever nature, now or hereafter located in or used or procured for use in connection with the Property, including all property of the character described above that is now owned or hereafter acquired by Borrower and that is affixed or attached to, stored upon or used in connection with the Property, together with all contracts, agreements, permits, plans, specifications, drawings, surveys, engineering reports and other work products relating to the construction of the existing or any future improvements on the Property, any and all rights of Borrower in, to or under any architect's contracts or construction contracts relating to the construction of the existing or any future improvements on the Property, and any performance and/or payment bonds issued in connection therewith, together with all trademarks, trade names, copyrights, computer software and other intellectual property used by Borrower in connection with the Property; And together with any and all rights of Borrower without limitation to make claim for, collect, receive and receipt for any and all rents, income, revenues, issues, earnest money, deposits, refunds (including but not limited to refunds from taxing authorities, utilities and insurers), royalties, and profits, including mineral, oil and gas rights and profits, insurance proceeds of any kind, condemnation awards and other moneys, payable or receivable from or on account of any of the Property, including interest thereon, or to enforce all other provisions of any other agreement affecting or relating to any of the Property, to bring any suit in equity, action at law or other proceeding for the collection of such moneys or for the specific or other enforcement of any such agreement, award or judgment, in the name of Borrower or otherwise; And together with any and all rights of Borrower in any and all accounts, rights to payment, contract rights, chattel paper, documents, instruments, licenses, contracts, agreements and general intangibles relating to any of the Property, including, without limitation, income and profits derived from the operation of any business on the Property or attributable to services that occur or are provided on the Property or generated from the use and operation of the Property; And together with all of Borrower's rights as landlord in and to all existing and future leases and tenancies, whether written or oral and whether for a definite term or month to month or otherwise, now or hereafter demising all or any portion of the Property, including all renewals and extensions thereof and all rents, deposits and other amounts received or receivable thereunder; and all books and records of Borrower relating to the Property in any form. JPMorgan Chase Bank, N.A. (the "Beneficiary") has elected to treat the Property as real estate and to sell it as real estate at the trustee's sale. The postal address of the Property is 10116 116th St E, Puyallup, WA 98374. The present Beneficiary has declared a default on the obligation secured by that certain Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing dated June 30, 2005 and recorded on July 1, 2005 under Auditor's File No. 200507010774, Records of Pierce County, Washington (the "Deed of Trust"). The beneficial interest under the Deed of Trust was assigned by the Federal Deposit Insurance Corporation to JPMorgan Chase Bank, N.A. by Assignment of Security Instrument and Loan Documents recorded on April 25, 2014 under Auditor's File No. 201404250150, Records of Pierce County, Washington. The undersigned Successor Trustee was appointed pursuant to that certain Appointment of Successor Trustee recorded on July 22, 2014 under Auditor's File No. 201407220476, Records of Pierce County, Washington. 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 The defaults for which this foreclosure is made are failure to pay the following amounts when due under the promissory note dated June 30, 2005 which has a maturity date of July 1, 2015, which promissory note was transferred by allonge to Beneficiary: Monthly payments of principal, tax escrow, insurance escrow and interest accrued at the Note Rate from March 1, 2014 through August 1, 2014: $32,150.82 Interest accruing at the Default Rate from April 23, 2014 to August 1, 2014: $9,641.59 Late Charges: $1,339.60 Returned Check Charge: $25.00 TOTAL ARREARAGE: $43,157.01 Plus per diem interest from August 1, 2014 until paid. In addition to the amounts in arrears specified above, you are or may be obligated to pay the following estimated charges, costs and fees to reinstate the Deed of Trust. Cost of title report for foreclosure: $1,637.00 Appraisal Fees: $3,250.00 Recording of notice of trustee's sale: $78.00 Service/posting costs: $325.00 Copying, postage, and other administrative legal expenses: $75.00 Attorneys' fees and costs: $6,009.52 Trustee's expenses (ESTIMATED): $1,000.00 Publication of Notice of Sale (ESTIMATED): $2,100.00 TOTAL CHARGES, COSTS, AND FEES: $14,474.52 TOTAL ARREARS, AND ESTIMATED CHARGES, COSTS AND FEES: $57,631.53 The sum owing on the obligation secured by the Deed of Trust includes principal in the amount of $694,194.91 together with Note Rate interest accrued from February 1, 2014 in the amount of $19,719.95 as of July 28, 2014, and together with Default Rate interest accrued from April 23, 2014 in the amount of $9,641.59 as of July 28, 2014 and together with such other costs and fees and late charges as are due under the note or other instrument secured, and as are provided by statute. 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 Friday, January 9, 2015. The default(s) referred to in paragraph III above must be cured by December 29, 2014 (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 December 29, 2014 (11 days before the sale date), the default(s) as set forth in paragraph III is/are cured and th
e Successor Trustee's fees and costs are paid. The sale may be terminated any time after December 29, 2014 (11 days before the sale date), and before the sale by the Borrower, Grantor, 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. A written notice of default was transmitted by the Beneficiary to the Borrower/Grantor at the following addresses: Robert Stanley Williams 10116 116th Street E Puyallup, WA 98374 Robert Stanley Williams 7142 N. 78th Street Scottsdale, AZ 85258-4111 Douglas N. Kiger, Esq. Blado Kiger Bolan, PS 4717 S. 19th Street, Ste. 109 Tacoma, WA 98405-1167 Nicole Bolan, Esq. Blado Kiger Bolan, PS 4717 S. 19th Street, Ste. 109 Tacoma, WA 98405-1167 by both first class and certified mail, return receipt requested, on the 15th day of August, 2014, proof of which is in the possession of the Successor Trustee; and multiple copies of the written notice of default were posted in conspicuous places on the Property, on the 15th day of August, 2014, and the Successor Trustee has possession of proof of such postings. The Successor 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. 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. 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. The Successor Trustee makes no representations or warranties concerning what interest in the Property is being sold. The Deed of Trust lien being foreclosed may not be a first lien position, or there may be other prior encumbrances of title. The Successor Trustee is not required to provide title information concerning the Property. Any person interested in this foreclosure is encouraged to make his or her own investigation concerning the ownership of the Property, and the position on title of the Deed of Trust being foreclosed. Any person interested in the foreclosure is also encouraged to consult an attorney, as the Successor Trustee will not provide legal advice concerning the foreclosure. The Successor Trustee does not provide information concerning the location of the debtors nor concerning the condition of the Property. No representations or warranties are made concerning the physical condition of the Property, or whether there are any environmental or hazardous waste liabilities or problems connected with this Property. Any person desiring title information, information concerning the physical condition of the Property, information concerning any hazardous waste or environmental issues, or other information about the real property being foreclosed upon should obtain all such information independently. 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 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: September 29, 2014. Evergreen Agent and Service Co., LLC, Successor Trustee By:Susan T. Alterman Its:Authorized Agent 12405 SE 2nd Circle Vancouver, WA 98684 Telephone: (360) 993-1133 December 8, 29