Pursuant To the Revised Code of Washington 61 24 et seq File No 2009 81455 NOTICE IS HEREBY GIVEN that the undersigned Trustee on February 5 2010 at 10:00 AM At the entrance to the Courthouse located at 300 Memorial Avenue South Bend WA 98586 State of Washington (subject to any conditions imposed by the trustee to protect the lender and borrower) will sell at public auction to the highest and best bidder payable at time of sale the following described real property situated in the county(ies) of Pacific State of Washington Tax Parcel ID no 77019003029 LOT 29 BLOCK 3 DIVISION 19 SURFSIDE ESTATES AS PER PLAT THEREOF RECORDED IN VOLUME H OF PLATS PAGE 96 RECORDS OF PACIFIC COUNTY WASHINGTON Commonly Known as 811 352ND PL OCEAN PARK WA 986405863 which is subject to that certain Deed of Trust dated 07/23/2007 recorded on 08/22/2007 under Auditors File No 3105647 and Deed of Trust re recorded on under Auditors File No records of Pacific County Washington from GARY E SILVA UNMARRIED MAN SEPARATE PROPERTY as grantor to LANDSAFE TITLE OF WASHINGTON as Trustee to secure an obligation in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC as beneficiary the beneficial interest in which was assigned by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC to BAC HOME LOANS SERVICING LP FKA COUNTRYWIDE HOME LOANS SERVICING LP under an Assignment/Successive Assignments recorded under Auditors File No 3122786 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 Grantors or Borrower s default on the obligation secured by the Deed of Trust Vl The Beneficiary alleges default of the Deed of Trust for failure to pay the following amounts now in arrears and/or other defaults A Monthly Payments $17120.70 B Late Charges $187.32 C Beneficiary Advances $7161.01 D Suspense Balance ($00) E Other Fees $0.00 Total Arrears $24469.03 F Trustee s Expenses (Itemization) Trustee s Fee $337.50 Title Report $1099.56 Statutory Mailings $5.49 Recording Fees $88.00 Publication $750.00 Posting $200.00 Total Costs $2480.55 Total Amount Due $26949.58 Other potential defaults do not involve payment of the Beneficiary If applicable each of these defaults must also be cured Listed below are categories of common defaults which do not involve payment of money to the Beneficiary Opposite each such listed default is a brief description of the action/documentation necessary to cure the default The list does not exhaust all possible other defaults any defaults identified by Beneficiary or Trustee that are not listed below must also be cured OTHER DEFAULT Nonpayment of Taxes/Assessments ACTION NECESSARY TO CURE Deliver to Trustee written proof that all taxes and assessments against the property are paid current OTHER DEFAULT Default under any senior lien ACTION NECESSARY TO CURE Deliver to Trustee written proof that all senior liens are paid current and that no other defaults exist OTHER DEFAULT Failure to insure property against hazard ACTION NECESSARY TO CURE Deliver to Trustee written proof that the property is insured against hazard as required by the Deed of Trust OTHER DEFAULT Waste ACTION NECESSARY TO CURE Cease and desist from committing waste repair all damage to property and maintain property as required in Deed of Trust Unauthorized sale of property (Due on Sale) Revert title to permitted vestee IV The sum owing on the obligation secured by the Deed of Trust is Principal Balance of $345832.00 together with interest as provided in the note or other instrument secured from 03/01/2009 and such other costs and fees as are due under the Note or other instrument secured and as are provided by statute The above described real property will be sold to satisfy the expense of the 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 02/05/2010 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 01/25/2010 (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 the close of the Trustee s business on 01/25/2010 (11 days before the sale date) the defaults(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 tees and costs are paid The sale may be terminated anytime after 01/25/2010 (11 days before the sale date) and before the sate by the Borrower Grantor and 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 VI A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the address(es) enclosed GARY E SILVA 811 352ND PL OCEAN PARK WA 98640 5863 GARY E SILVA 1324 N 4TH STREET YAKIMA WA 98901 by both first class and either certified mail return receipt requested or registered mail on 06/08/2009 proof of which is in the possession of the Trustee and on 06/09/2009 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 such service or posting VII The Trustee whose name and address is set forth below will provide in writing to anyone requesting it a statement of all foreclosure 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 right title and 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 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 5912 RCW For tenant occupied property the purchaser shall provide a tenant with written notice in accordance with RCW 61 24 060 and/or any applicable Federal Law DATED July 10 2009 RECONTRUST COMPANY NA By Ivette Pelayo Its Assistant Secretary RECONTRUST COMPANY N A P O Box 10284 Van Nuys CA 91410-0284 Phone (800)281-8219 THIS FIRM IS ATTEMPTING TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THE DEBT SET FORTH ON THIS NOTICE WILL BE ASSUMED TO BE VALID UNLESS YOU DISPUTE THE DEBT BY PROVIDING THIS OFFICE WITH A WRITTEN NOTICE OF YOUR DISPUTE WITHIN 30 DAYS OF YOUR RECEIPT OF THIS NOTICE SETTING FORTH THE BASIS OF YOUR DISPUTE IF YOU DISPUTE THE DEBT IN WRITING WITHIN 30 DAYS WE WILL OBTAIN AND MAIL VERIFICATION OF THE DEBT TO YOU IF THE CREDITOR IDENTIFIED IN THIS NOTICE IS DIFFERENT THAN YOUR ORIGINAL CREDITOR WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF YOU REQUEST THIS INFORMATION IN WRITING WITHIN 30 DAYS ASAP# 3327933 01/06/2010, 01/27/2010.

Published January 6 and January 27, 2010

Legal No. 001-10

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