Re: Capps, Jerry L ORIGINAL TRUSTEE SALE RECORDED ON 07/07/2016

Published 7:00 am Friday, October 14, 2016

Re: Capps, Jerry L ORIGINAL TRUSTEE SALE RECORDED ON 07/07/2016 IN THE OFFICE OF THE PIERCE COUNTY RECORDER. NOTICE OF TRUSTEE'S SALE AFC #:16-118418 Title Order No.:160085209-WA-MSI I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, AZTEC FORECLOSURE CORPORATION OF WA will on November 18,2016, at the hour of 10:00 am at The 2ND floor entry plaza outside the County Courthouse, 930 Tacoma Avenue South, Tacoma, WA, State of Washington, sell at public auction to the highest and best bidder, payable at time of sale, the following described real property, situated in the County of Pierce, State of Washington, to-wit: LOT (S) 1, FOXGLOVE HOLLOW, ACCORDING TO THE PLAT RECORDED UNDER AUDITOR'S NO. 9203180555, IN PIERCE COUNTY, WASHINGTON. Abbrev. Legal: LOT 1, FOX GLOVE HOLLOW Tax Parcel No.: 5000570010 Commonly known as: 24305 34th Avenue Court East, Spanaway, WA 98387 which is the subject of that certain Deed of Trust dated October 14, 2005, recorded October 19, 2005, under Auditor's File No. 200510190619, records of Pierce County, Washington, from Jerry L. Capps, An Unmarried Man as Grantor, to Ticor Title Insurance Company as Trustee, to secure an obligation in favor of Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for Lehman Brothers Bank, FSB, A Federal Savings Bank its successors and assigns as Beneficiary, which as assigned by Mortgage Electronic Registration Systems, Inc., as designated nominee for Lehman Brothers Bank FSB, Beneficiary of the security instrument, its successors and assigns to U.S. Bank National Association, as trustee for Lehman Mortgage Trust Mortgage Pass Through Certificates Series 2005-2 under an assignment recorded at Instrument No. 201507200600. 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(s) for which this foreclosure is made is/are as follows: Failure to pay when due the following amounts which are now in arrears: Monthly payments in the amount(s) of $1,120.95 from May 1, 2015 through June 1, 2015; $1,151.58 from July 1, 2015 through November 1, 2015; and $1,526.89 from December 1, 2015 through July 1, 2016 together with all fees, costs and or disbursements incurred or paid by the beneficiary and or trustee, their employees, agents or assigns. The Trustee's fees and costs are estimated at $2,227.51 as of July 6, 2016. The amount to cure the default payments as of the date of this notice is $23,071.63. Payments and late charges may continue to accrue and additional advances to your loan may be made. It is necessary to contact the beneficiary or Trustee prior to the time you tender the reinstatement amount so that you may be advised of the exact amount you would be required to pay. IV. The sum owing on the obligation secured by the Deed of Trust is: Principal Balance $176,000.00, together with interest in the Note or other instrument secured from April 1, 2015, and such other costs and fees as are due under the Note or other instrument secured, and as are provided by statute. The amount necessary to pay off the entire obligation secured by your Deed of Trust as the date of this notice is $194,999.62. Interest and late charges may continue to accrue and additional advances to your loan may be made. It is necessary to contact the beneficiary or Trustee prior to the time you tender the payoff amount so that you may be advised of the exact amount you would be required to pay. 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 18, 2016. 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 November 7, 2016 (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 7, 2016 (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 November 7, 2016 (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: Jerry L. Capps 3704 Northeast Richmond Street Lawton, OK 73507 Spouse of Jerry L. Capps 3704 Northeast Richmond Street Lawton, OK 73507 Spouse of Jerry L. Capps 24305 34th Avenue Court East Spanaway, WA 98387 Jerry L. Capps 24305 34th Avenue Court East Spanaway, WA 98387 Jerry L. Capps 2809 Queens Way Milton, WA 98354 Jerry L. Capps 4341 Hennings Dr Colorado Springs, CO 80911 Jerry L. Capps 4341 Hennings Dr Security, CO 80911 Spouse of Jerry L. Capps 2809 Queens Way Milton, WA 98354 Spouse of Jerry L. Capps 4341 Hennings Dr Colorado Springs, CO 80911 Spouse of Jerry L. Capps 4341 Hennings Dr Security, CO 80911 by both first class and certified mail on June 3, 2016 proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on June 3, 2016 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 above, and whose telephone number is (360) 253-8017 / (877) 430-4787 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 their interest in the above-described property. IX. Anyone having an 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 61.24.60. XI. 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
) or 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 or National 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 or Web site: http://nwjustice.org/what-clear XII. A list of the persons this Notice was sent to is attached hereto as exhibit "A". EXHIBIT "A" Jerry L. Capps 3704 Northeast Richmond Street Lawton, OK 73507 Spouse of Jerry L. Capps 3704 Northeast Richmond Street Lawton, OK 73507 Spouse of Jerry L. Capps 24305 34th Avenue Court East Spanaway, WA 98387 Jerry L. Capps 24305 34th Avenue Court East Spanaway, WA 98387 Jerry L. Capps 2809 Queens Way Milton, WA 98354 Jerry L. Capps 4341 Hennings Dr Colorado Springs, CO 80911 Jerry L. Capps 4341 Hennings Dr Security, CO 80911 Spouse of Jerry L. Capps 2809 Queens Way Milton, WA 98354 Spouse of Jerry L. Capps 4341 Hennings Dr Colorado Springs, CO 80911 Spouse of Jerry L. Capps 4341 Hennings Dr Security, CO 80911 Lehman Brothers Bank, FSB 327 Inverness Drive South Englewood, CO 80112 Lehman Brothers Bank, FSB Aurora Loan Services, LLC 601 5th Ave PO Box 4000 Scottsbluff, NE 69363 Lehman Brothers Bank, FSB Aurora Loan Services, LLC 601 5th Ave Scottsbluff, NE 69363 Lehman Brothers Bank, FSB Aurora Loan Services PO Box 4000 Scottsbluff, NE 69363 Lehman Brothers Bank, FSB Mortgage Electronic Registration Systems, Inc. PO Box 2026 Flint, MI 48501 Mortgage Electronic Registration Systems, Inc. PO Box 2026 Flint, MI 48501 Tibbitts Landing HOA PO Box 4096 Spanaway, WA 98387 XIII. FAIR DEBT COLLECTION PRACTICES ACT NOTICE: AZTEC FORECLOSURE CORPORATION OF WA is attempting to collect a debt and any information obtained will be used for that purpose. If a discharge has been obtained by any party through bankruptcy proceedings, this shall not be construed to be an attempt to collect the outstanding indebtedness or to hold you personally liable for the debt. DATED this 6 day of July, 2016 AZTEC FORECLOSURE CORPORATION OF WA By: Kari Sheehan Asst V.P. / Assistant Sec. 3636 N. Central Ave., Suite 400 Phoenix, AZ 85012 (360) 253-8017 / (877) 430-4787 ADDRESS FOR PERSONAL SERVICE Aztec Foreclosure Corporation of WA 1499 SE Tech Center Place, Suite 255 Vancouver, WA 98683 STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) This instrument was acknowledged before me this 6th day of July, 2016, by Kari Sheehan, Asst V.P. / Assistant Sec. Adriana Armijo Notary Public in and for the State of Arizona My Commission Expires: 11/8/2019 OFFICIAL SEAL ADRIANA ARMIJO Notary Public – Arizona MARICOPA COUNTY My Commission Expires NOVEMBER 8, 2019 NPP0286729 IDX725173 To: TACOMA DAILY INDEX 10/14/2016, 11/04/2016