Re: Talerico, J. Scott & Rindy WE ARE A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE If you filed bankruptcy or have been discharged in bankruptcy, this communication is for informational purposes only and is not intended as an attempt to collect this debt from you personally. AMENDED AND RESTATED NOTICE OF TRUSTEE'S SALE TO: J. Scott Talerico and Rindy Talerico, Husband and wife, 18206 87th Avenue East Puyallup, WA 98375 AND TO: J. Scott Talerico and Rindy Talerico, Husband and wife, 17705 71st Avenue E.Puyallup, WA 98375 AND TO: All Occupants 17705 71st Avenue E. Puyallup, Washington 98375 AND TO: All Occupants 17800 Block 71st Ave E. Puyallup WA 98375, NOTICE IS HEREBY GIVEN that the undersigned Trustee, David W. Bever of Carney Badley Spellman P.S. will on August 23, 2013 at the hour of 10:00 A.M., outside the Pierce County Courthouse, 2nd Floor Entry Plaza, 930 Tacoma Avenue South in the City of Tacoma, State of Washington, Date: August 23, 2013 Time: 10:00 AM Place: Pierce County Courthouse 2nd Floor Entry Plaza 930 Tacoma Avenue South Tacoma, WA 98402 sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property, situated in the County of Pierce, State of Washington, to wit: PARCEL "A": Lots 3 and 4 of PIERCE COUNTY SHORT PLAT NO. 8604230113, according to Short Plat recorded April 23, 1986, in Pierce County, Washington. PARCEL "B": A non-exclusive easement for ingress and egress as delineated on PIERCE COUNTY SHORT PLAT NO. 8604230113, according to Short Plat recorded April 23, 1986, in Pierce County, Washington. Tax Parcel Nos. 041932-600-7; 041932-600-8 (commonly known as 17705 71st Avenue E. Puyallup, Washington 98375 and 17800 Block 71st Ave E. Puyallup WA 98375, which is subject to that certain Deed of Trust and UCC Fixture Filing, dated April 20, 1999, under Auditor's File No. 9904260698, records of Pierce County, Washington, J. SCOTT TALERICO AND RINDY TALERICO, as Grantor to secure an obligation in favor of from BRANCH BANKING AND TRUST COMPANY ("BB&T"), a North Carolina corporation, assignee/ successor/acquiring financial institution of COLONIAL BANK, as Beneficiary. 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 for which this foreclosure is made is as follows: Failure to pay when due the following amounts, which are now in arrears: Payments: LOAN MATURED November 1, 2010, at which time all principal and unpaid accrued interest became fully due and payable. Prior to the date the Loan matured the Grantor was in default for failure make monthly loan payments. The first loan default was on October 5, 2009, and each month thereafter. Principal Balance as October 5, 2009 ^$131,649.32 (date of last payment from Borrower) Interest due from October 5, 2009 to November 1, 2010 on principal balance of $131,649.32 @ 8.750%: ^$12,594.28 Interest due from November 2, 2010 to May 16, 2013 on principal balance of $131,649.32 @ 8.750%: ^$29,630.24 Balance of principal and interest as of May 16, 2013. ^$173,873.84 Interest accrues at the rate of $31.9981 per diem until paid in full Late charges: Monthly Late Charges from November 2009 through November 2010 in the total amount of $1,596.00 Real Property Taxes Real Property Taxes paid by Beneficiary for 2009, 2010, 2011 and 2012 for Pierce County Tax Parcels #0419326007 and #0419326008 is $15,581.70. Default Interest: Default interest is not accruing on the outstanding monies owed. OTHER CHARGES, COSTS AND FEES: In addition to the amounts in arrears specified above, you are or may be obliged to pay the following estimated charges, costs and fees to reinstate the Deed of Trust if reinstatement is made before recording of the Notice of Trustee's Sale: a. Cost of Trustee's Sale Guarantee for foreclosure: ^$941.70 b. Service & Posting of Notice of Default (estimated) ^$300.00 c. Copying ^$20.00 d. Postage ^$25.00 e. Recording Fees ^$100.00 f. Trustee's fee (estimated) ^$2,700.00 g. Attorney's fee (estimated) ^$9,000.00 h. Appraisal ^$7,200.00 i. Environmental ^$17,230.00 j. Publication of Trustee's Sale ^$600.00 ESTIMATED TOTAL COSTS AND FEES: ^$38,116.70 TOTAL PAYMENTS AND LATE CHARGES AND ESTIMATED COSTS AND EXPENSES: ^$229,168.24 IV. The sum owing on the obligation secured by the Deed of Trust is: Principal Balance $131,649.32 together with interest as provided in the note or other instrument secured from October 5, 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 total sum is summarized in the preceding paragraph. V. The above-described real property will be sold to satisfy the expense of sale and the obligation secured by said Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on AUGUST 23, 2013. The defaults referred to in paragraph III must be cured by AUGUST 23, 2013 (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 AUGUST 23, 2013, the default(s) as set forth in paragraph III are cured and the Trustee's fees and costs are paid. The sale may be terminated any time before AUGUST 23, 2013, by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance paying the principal and interest 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 or Grantor at the following addresses: J. Scott Talerico and Rindy Talerico, Husband and wife 18206 87th Avenue East Puyallup, WA 98375 J. Scott Talerico and Rindy Talerico, Husband and wife, 17705 71st Avenue E. Puyallup, WA 98375 by both first class and certified mail on March 29, 2012, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on March 30, 2012, with said written Notice of Default and/or the Notice of Default was posted in a conspicuous place on the real property described in paragraph I above, and the Trustee has in his possession proof of such service or posting. VII. The Trustee whose name and address is set forth below will provide in writing, to any person 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 their interest in the above-described property. IX. Anyone having any objections to this 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 the unlawful detainer act, 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: May ____, 2013. TRUSTEE By: David W. Bever, Esq. Carney Badley Spellman, P.S. 701 Fifth Avenue, Suite 3600 Seattle, Washington 98104 Telephone No. (206) 622-8020 Fax No. (206) 467-8215 E-mail: bever@carneylaw.com STATE OF WASHINGTON)) ss. COUNTY OF KING)
On this day before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared David W. Bever, Esq. of Carney Badley Spellman, P.S., to me known to be the above designated trustee, who executed the foregoing NOTICE OF TRUSTEE'S SALE, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned and on oath stated that he/she is authorized to execute the said instrument. Given under my hand and official seal on ___, 2013. NOTARY NAME___ Notary Public in and for the State of Washington, residing at:_____ My commission expires:___ NOTICE TO GUARANTORS, BORROWERS, AND/OR GRANTORS OF THE COMMERCIAL OBLIGATION SECURED BY THE DEED OF TRUST: 1. IF YOU ARE A GUARANTOR, YOU MAY BE LIABLE FOR A DEFICIENCY JUDGMENT TO THE EXTENT THE SALE PRICE OBTAINED AT TRUSTEE'S SALE IS LESS THAN THE DEBT SECURED BY THE DEED OF TRUST. YOU HAVE THE SAME RIGHT TO REINSTATE THE DEBT, CURE THE DEFAULT, OR REPAY THE DEBT AS IS GIVEN TO THE GRANTOR IN ORDER TO AVOID THE TRUSTEE'S SALE. YOU WILL HAVE NO RIGHT TO REDEEM THE PROPERTY AFTER THE TRUSTEE'S SALE. SUBJECT TO SUCH LONGER PERIODS AS ARE PROVIDED IN THE WASHINGTON DEED OF TRUST ACT, CHAPTER 61.24 RCW, ANY ACTION BROUGHT TO SEEK A DEFICIENCY JUDGMENT MUST BE COMMENCED WITHIN ONE YEAR AFTER THE TRUSTEE'S SALE, OR THE LAST TRUSTEE'S SALE UNDER ANY DEED OF TRUST GRANTED TO SECURE THE SAME DEBT. IN ANY ACTION FOR A DEFICIENCY, YOU WILL HAVE THE RIGHT TO ESTABLISH THE FAIR VALUE OF THE PROPERTY AS OF THE DATE OF THE TRUSTEE'S SALE LESS PRIOR LIENS AND ENCUMBRANCES, AND TO LIMIT YOUR LIABILITY FOR A DEFICIENCY TO THE DIFFERENCE BETWEEN THE DEBT AND THE GREATER OF SUCH FAIR VALUE OR THE SALE PRICE PAID AT TRUSTEE'S SALE, PLUS INTEREST AND COSTS. 2. IF YOU ARE A BORROWER OR A GRANTOR, THEN TO THE EXTENT THAT THE FAIR VALUE OF THE PROPERTY SOLD AT TRUSTEE'S SALE TO THE BENEFICIARY IS LESS THAN THE UNPAID OBLIGATION SECURED BY THE DEED OF TRUST IMMEDIATELY PRIOR TO THE TRUSTEE'S SALE, AN ACTION FOR A DEFICIENCY JUDGMENT MAY BE BROUGHT AGAINST YOU FOR: ANY DECREASE IN THE FAIR VALUE OF THE PROPERTY CAUSED BY WASTE TO THE PROPERTY COMMITTED BY THE BORROWER OR GRANTOR AFTER THE DEED OF TRUST WAS GRANTED; AND ANY DECREASE IN THE FAIR VALUE OF THE PROPERTY CAUSED BY THE WRONGFUL RETENTION OF ANY RENTS, INSURANCE PROCEEDS, OR CONDEMNATION AWARDS BY THE BORROWER OR GRANTOR THAT ARE OTHERWISE OWED TO THE BENEFICIARY. THE DEFICIENCY JUDGMENT MAY ALSO INCLUDE INTEREST, COSTS AND ATTORNEY'S FEES. July 22, August 12