Re: EMM, STEPHEN H & ROSEMARY NOTICE OF TRUSTEE'S SALE Pursuant to R.C.W. Chapter 61.24, et seq. and 62A.9A-604(a)(2) et seq Trustee's Sale No: WA-CMS-13014534 Loan No. 7000050161 I NOTICE IS HEREBY GIVEN that the undersigned Trustee, PEAK FORECLOSURE SERVICES OF WASHINGTON, INC., will on November 14, 2014, at the hour of 10:00 AM, at THE 2ND FLOOR ENTRY PLAZA OUTSIDE THE COUNTY COURTHOUSE, 930 TACOMA AVENUE SOUTH, TACOMA, WA, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real and personal properly (hereafter referred to collectively as the "Property"), situated in the County of PIERCE, State of Washington, to-wit: BEGINNING AT THE NORTHWEST CORNER OF LOT 4, BLOCK 4 OF FIR TREE PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 16 OF PLATS AT PAGE 43, RECORDS OF PIERCE COUNTY AUDITOR; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT, 16 FEET; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID LOT TO THE EAST LINE OF SAID LOT; THENCE NORTH LONG THE EAST LINE OF SAID LOT TO THE NORTHEAST CORNER OF SAID LOT; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT TO THE POINT OF BEGINNING; AND LOT 3, BLOCK 4, FIR TREE PARK, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 16 OF PLATS AT PAGE 43, RECORDS OF PIERCE COUNTY AUDITOR; SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON NOTE FOR INFORMATIONAL PURPOSES ONLY: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. LOT 3 and PTN LOT 4, B 4, FIR TREE PARK. Tax Parcel No: 3855000610, commonly known as 1055 DELTA COURT, FIRCREST, WA. The Property is subject to that certain Deed of Trust dated 5/22/2008, recorded 5/23/2008 , under Auditor's/ Recorder's No. 200805230605, records of PIERCE County, Washington, from STEPHEN H. EMM AND ROSEMARY W. EMM, AS HUSBAND AND WIFE, as Grantor, to PRLAP, INC., as Trustee, in favor of BANK OF AMERICA, N.A., as Beneficiary, the beneficial interest in which is presently held by BANK OF AMERICA, N.AII 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(s) for which this foreclosure is/ are made are as follows: FAILURE TO PAY THE MONTHLY PAYMENT WHICH BECAME DUE ON 9/1/2010, AND ALL SUBSEQUENT MONTHLY PAYMENTS, PLUS LATE CHARGES AND OTHER COSTS AND FEES AS SET FORTH. 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, ACTION NECESSARY TO CURE Nonpayment of Taxes/Assessments Deliver to Trustee written proof that all taxes and assessments against the property are paid current Default under any senior lien Deliver to Trustee written proof that all senior liens are paid current and that no other defaults exist. Failure to insure property against hazard Deliver to Trustee written proof that the property is insured against hazard as required by the Deed of Trust. Waste 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. Failure to pay when due the following amounts which are now in arrears: Delinquent Payments from September 01, 2010 46 payments at $1,988.97 each $91,492.62 (09-01-10 through 0623-14) Late Charges $4,365.24 BENEFICIARY ADVANCES Advances/Escrow $22,296.04 FHA Premium $251.40 Hazard Insurance $177.45 Expense Advances $800.00 Corp Advances $955.40 TRUSTEE EXPENSES Trustee Fee $$675.00 Certified Mailing Cost $104.25 Posting Cost $240.00 Recording Cost $159.00 TSG Guarantee Policy $831.00 Amount to reinstate on or before 06/ 23/14 $122,347.40 IV The sum owing on the obligation secured by the Deed of Trust is: Principal $322,042.50, together with interest as provided in the note or other instrument secured, 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 November 14, 2014. The default(s) referred to in paragraph III must be cured by November 3, 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 November 3, 2014, (11 days before the sale date) the default(s) as set forth in paragraph III is/are cured and the Trustee's fees and costs are paid. The sale may be terminated at any time after November 3, 2014, (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 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: ROSEMARY W. EMM, 1055 DELTA COURT, FIRCREST, WA, 98466-5931 ROSEMARY W. EMM, 4251 67TH AVE W. APT. A, UNIVERSITY PLACE, WA, 98466 STEPHEN H. EMM, 1055 DELTA COURT, FIRCREST, WA, 984665931 STEPHEN H. EMM, 4251 67TH AVE W. APT. A, UNIVERSITY PLACE, WA, 98466 by both first class and certified mail on 05/21/2014, proof of which is in the possession of the Trustee; and on 5/21/2014, the Borrower and Grantor were personally served 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 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. 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 of their interest in the above described 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 same 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. 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 TO AN ATTORNEY LICENSED IN WASHINGTON NOW to access your situation and refer you to mediation if you 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 house, you may contact the following: • The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission: Telephone: 1-877-894HOME (1-877-894-4663) Web site: www.wshfc.org • The United States Department of Housing and Urban Development; Telephone: 1-800569^287 Web site: www.hud.gov • The statewide civil legal
aid hotline for assistance and referrals to other housing: Telephone: 1-800-6064819 Web site: www.ocla.wa.gov 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 and tenants. After the 20,h day following the sale the purchaser has the right to evict occupants and tenants by summary proceeding under the Unlawful Detainer Act, Chapter 59.12 RCW. Sale Information Line: 714-730-2727 or Website: http://www.lpsasap.com DATED: 6/23/14 PEAK FORECLOSURE SERVICES OF WASHINGTON, INC., AS TRUSTEE Smith Tower, 26th Floor, 506 Second Ave., Seattle, WA 98104 By: Georgina Rodriguez, Trustee Sales Officer Address for Service of Process: Peak Foreclosure Services of Washington, Inc. 506 Second Ave Ste 2600 Seattle, WA 98104 (206) 682-0822 Address for Account Inquiries: Peak Foreclosure Services, Inc. 5900 Canoga Avenue, Suite 220 Woodland Hills, CA 91367 (818) 5919237 A-4470009 10/10/2014, 10/ 31/2014