File No.: 7283.26799 Grantors: Northwest Trustee Services, Inc. PHH Mortgage Corporation fka Cendant Mortgage Corporation Grantee: Lewis E. Thomas and Nancy L Thomas, husband and wife Ref to DOT Auditor File No.: 3022162 Tax Parcel ID No.: 77019001033 Abbreviated Legal: Surfside Estate Dv-19 01 33 Notice of Trustee's Sale Pursuant to the Revised Code of Washington 61.24, et seq. 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: Toll-free: 1-877-894-HOME (1-877-894-4663). Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development Telephone: Toll-free: 1-800-569-4287. Web site: 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 Telephone: Toll-free: 1-800-606-4819. Web site: http://nwjustice.org/what-clear. I. On January 4, 2013, at 10:00 a.m. inside the main lobby of the Pacific County Courthouse, 300 Memorial Avenue in the City of South Bend, State of Washington, the undersigned Trustee (subject to any conditions imposed by the Trustee) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property "Property", situated in the County(ies) of Pacific, State of Washington: Lots 32, 33 and 34 in Block 1, Division 19 in Surfside Estates, according to the plat recorded in Volume H of Plats, pages 96, 97 and 98, in Pacific County, Washington. More accurately described as: Lots 33 in Block 1, Division 19 in Surfside Estates, according to the plat recorded in Volume H of Plats, pages 96, 97 and 98, in Pacific County, Washington. Commonly known as: 35115 H Street Ocean Park, WA 98640 which is subject to that certain Deed of Trust dated 11/04/98, recorded on 11/05/98, under Auditor's File No. 3022162, records of Pacific County, Washington, from Lewis E. Thomas, husband and wife, Nancy L. Thomas, husband and wife, as Grantor, to First American Title Insurance Company, as Trustee, to secure an obligation "Obligation" in favor of U.S. Bank National Association, as Beneficiary, the beneficial interest in which was assigned by U.S. Bank National Association to PHH Mortgage Corporation fka Cendant Mortgage Corporation, under an Assignment/Successive Assignments recorded under Auditor's File No. 3027146. *The Tax Parcel ID number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property's full legal description provided herein. 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 Grantor's or Borrower's default on the Obligation secured by the Deed of Trust. III. The Beneficiary alleges default of the Deed of Trust for failure to pay the following amounts now in arrears and/or other defaults: Amount due to reinstate by 08/29/2012 Monthly Payments $12,856.32 Late Charges $626.88 Total Arrearage $13,483.20 Trustee's Expenses (Itemization) Trustee's Fee $675.00 Title Report $592.90 Statutory Mailings $19.52 Recording Costs $91.00 Postings $70.00 Total Costs $1,448.42 Total Amount Due: $14,931.62 Other known defaults as follows: IV. The sum owing on the Obligation is: Principal Balance of $97,723.87, together with interest as provided in the note or other instrument evidencing the Obligation from 04/01/11, and such other costs and fees as are due under the Obligation, and as are provided by statute. V. The Property will be sold to satisfy the expense of sale and the Obligation as provided by statute. The sale will be made without representation or warranty, express or implied regarding title, possession, encumbrances or condition of the Property on January 4, 2013. The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances costs and fees thereafter due, must be cured by 12/24/12 (11 days before the sale date), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before 12/24/12 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, is/are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after 12/24/12 (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 balance of 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 address(es): NAME AND ADDRESS Lewis E. Thomas 35115 H Street Ocean Park, WA 98640 Nancy L. Thomas 35115 H Street Ocean Park, WA 98640 Lewis E. Thomas 17406 128th Avenue Southeast Renton, WA 98058 Nancy L. Thomas 17406 128th Avenue Southeast Renton, WA 98058 by both first class and certified mail, return receipt requested on 12/07/11, proof of which is in the possession of the Trustee; and on 12/07/11 Grantor and Borrower were personally served with said written notice of default or the written notice of default was posted on 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 trustee's 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 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 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 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. The trustee's rules of auction may be accessed at www.northwesttrustee.com and are incorporated by this reference. You may also access sale status at www.northwesttrustee.com and www.USA-Foreclosure.com. EFFECTIVE: 08/29/2012 Northwest Trustee Services, Inc., Trustee Authorized Signature P.O. BOX 997 Bellevue, WA 98009-0997 Contact: Winston Khan (425) 586-1900. (TS# 7283.26799) 1002.205655-File No.
Published Dec. 5 and Dec. 26, 2012
Legal No. 399-12