Re: Russell, Timothy & Barbara AMENDED NOTICE OF TRUSTEE'S SALE PURSUANT TO RCW CHAPTER 61.24 ET. SEQ. (after bankruptcy) Abbrev. Legal: Lt 37, Rainier Manor, Bk 46, Pgs 40-41; Assessor's No. 710700-0370; Grantor: R. Timothy Russell and Barbara L. Russell; Grantee: Paul S. Cosgrove, Esq.(Public); Ref. No. Deed of Trust Auditor's File No. 200604100744, records of Pierce County, Washington. TO: RESIDENT of property subject to Foreclosure Sale, 14020 E 70th ST, Sumner, WA 98390-1216; R. TIMOTHY RUSSELL, 14020 70th STREET EAST, SUMNER WA 98390; BARBARA L. RUSSELL, 14020 70th STREET EAST, SUMNER WA 98390; R. TIMOTHY RUSSELL, 14020 E 70th ST, SUMNER WA 98390-1216; BARBARA L. RUSSELL, 14020 E 70th ST, SUMNER WA 98390-1216; R. TIMOTHY RUSSELL, C/O RALPH T. RUSSELL, 14020 70th ST EAST, SUMNER WA 98390; BARBARA RUSSELL, C/O RALPH T. RUSSELL, 14020 70th ST EAST, SUMNER WA 98390; RALPH T. RUSSELL, 14020 70th STREET EAST, SUMNER WA 98390; RALPH T. RUSSELL, 14020 E 70th ST, SUMNER WA 98390-1216; BARBARA RUSSELL, 14020 70th STREET EAST, SUMNER WA 98390; BARBARA RUSSELL, 14020 E 70th ST, SUMNER WA 98390-1216; LESTA L. ROGERS, 14319 BINGHAM AVE E, TACOMA WA 98446; ADMINISTRATOR OF THE U.S. SMALL BUSINESS ADMINISTRATION An agency of the Government of the USA, 10737 Gateway West #300, EL PASO, TX 79935; ADMINISTRATOR OF THE U.S. SMALL BUSINESS ADMINISTRATION An agency of the Government of the USA, 14925 KINGSPORT ROAD, FORT WORTH, TX 76155-2243; US Small Business Administration, 409 3rd St, SW, Washington DC 20416; Rainier Manor Homeowners Assn, C/O Helen T. Kartmann, 14110 70th ST E, Sumner WA 98390. 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 1-877-894-4663 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 Local counseling agencies in Washington: 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 http://nwjustice.org/what-clear 1. NOTICE IS HEREBY GIVEN that the undersigned Trustee, Paul S. Cosgrove, Esq., will on the 19th day of February, 2016 at the hour of 10:00 o'clock A.M. at outside 2nd floor entry plaza, west side of the City-County building, 930 Tacoma Avenue South, in the City of Tacoma, Pierce County, State of Washington, 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: LOT 37, RAINIER MANOR, ACCORDING TO PLAT RECORDED IN BOOK 46 OF PLATS AT PAGES 40 AND 41, RECORDS OF PIERCE COUNTY AUDITOR. SITUATE IN THE CITY OF SUMNER, COUNTY OF PIERCE, STATE OF WASHINGTON. (The postal address is more commonly known as: 14020 E 70th St., Sumner, Washington) which is subject to that certain Deed of Trust dated March 07, 2006, recorded April 10, 2006, under Auditor's File No. 200604100744, records of Pierce County, Washington, from R. Timothy Russell and Barbara L. Russell, as Grantors, to Paul S. Cosgrove, Esq., as Trustee, to secure an obligation in favor of Budget Finance Company, as Beneficiary. Budget Finance Company received an Order granting relief from stay in Bankruptcy Case 15-4494-PBS, Western District of Washington, U.S. Bankruptcy Court, on December 18, 2015. 2. No action commenced by the Beneficiary of the Deed of Trust or the Beneficiary's successor is now pending to seek satisfaction of the obligation in any Court by reason of the Grantor's default in the obligation secured by the Deed of Trust. 3. 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: 16 monthly payments of $409.92 each (variable) from 9/10/2014 through 12/10/2015 total $6,558.72; Late charges of $20.50 for each monthly payment not made within 15 days of its due date total $287.00; Escrow Account Deficit/Advances (includes payment property taxes) total $7,394.63. TOTAL MONTHLY PAYMENTS, LATE CHARGES AND ESCROW ACCOUNT DEFICIT are $14,240.35 Additional Default: You failed to maintain insurance on the property as required. Proof of current insurance is required. 4. The sum owing on the obligation secured by the Deed of Trust is: Principal $57,713.17 together with interest as provided in the note or other instrument secured from the 10th day of September, 2014, and such other costs and fees as are due under the note or other instrument secured, and as are provided by statute. 5. 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 the 19th day of February, 2016. The default(s) referred to in paragraph 3 must be cured by the 8th day of February 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 the 8th day of February 2016 (11 days before the sale date), the default(s) as set forth in paragraph 3 is/are cured and the trustee's fees and costs are paid. The sale may be terminated any time after the 8th day of February, 2016 (11 days before the sale date), and before the sale by the Grantor or the Grantor's successor in interest 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. 6. A written notice of default was transmitted by the Beneficiary or Trustee to the Grantor or the Grantor's successor in interest at the following addresses: R. Timothy Russell, 14020 70th Street East, Sumner, WA 98390 and Barbara L. Russell, 14020 70th Street East, Sumner, WA 98390 by both first class and certified mail on the 22nd day of April, 2015, proof of which is in the possession of the Trustee; and the Grantor or the Grantor's successor in interest was personally served on the 22nd day of April, 2015, 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 1 above, and the Trustee has possession of proof of such service or posting. 7. After receiving a request for a statement of all costs and fees due at any time prior to the sale from any person entitled to notice under RCW 61.24.040(1)(b), the Trustee whose name and address are set forth below will provide the requested statement in writing to such person. 8. 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. 9. 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. 10. NOTICE TO OCCUPANTS OR TENANTS. The purchaser a
t 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. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Dated January 6, 2016. /s/ Paul S. Cosgrove, Esq., Trustee, Washington State Bar #14013. LINDSAY HART, LLP, 220 NW Skyline Blvd., Portland, OR 97210. Phone: (503) 291-6700 or (503) 956-8139 pcosgrove@lindsayhart.com IDX-677873 January 19, February 9