4119.1425691 Rainier Valley Inn, LLC, 2014-0008900 Reference Number(s) of Documents

4119.1425691 Rainier Valley Inn, LLC, 2014-0008900 Reference Number(s) of Documents assigned or released: 201204100871 Document Title: NOTICE OF TRUSTEE'S SALE Grantor: Bishop, Marshall & Weibel, P.S. Grantee: Rainier Valley Inn, LLC, a Washington Limited Liability Company Abbreviated LegalDescription as Follows: Lots 4, 5, 7, 8, Blk. 1, High Echo, Vol. 33, Pg. 28; SE NW; SW NE Sec. 26, Twp. 15N, Rg. 6E Assessor's Property Tax Parcel/ Account Number(s): 446300004-0, 446300-005-0, 446300007-0, 446300-008-0, 061526-1017 and 061526-2-030 NOTICE OF TRUSTEE'S SALE I NOTICE IS HEREBY GIVEN that the undersigned Bishop, Marshall & Weibel, P.S. will on January 16, 2015 at 10:00 am at the 2nd floor entry plaza outside the Pierce County Courthouse, 930 Tacoma Ave South, Tacoma, WA located at Pierce County, State of Washington, sell at public auction to the highest bidder, payable at the time of sale, the following described real property, situated in Pierce County, State of Washington, to-wit; SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A". which is subject to that certain Deed of Trust dated April 9, 2012, recorded April 10, 2012, under Auditor's File No. 201204100871 records of Pierce County, Washington, from Rainier Valley Inn, LLC, a Washington Limited Liability Company, as Grantor, to First American Title Insurance Company, as Trustee, to secure an obligation in favor of PacWest Funding, Inc., an Oregon Corporation, dba Precision Capital as Beneficiary (the "Pierce County Deed of Trust"). Said Deed of Trust was assigned on April 17, 2013 to PC-0412-A Joint Venture by an instrument recorded under Auditor's File No. 201304220840, on April 22, 2013. The obligation secured by the above deed of trust is evidenced by a promissory note (the "Note") dated on or about April 6, 2012 by Mt Vernon Seafoods, LLC, a Washington Limited Liability Company and by Paul D. Cutler, Individually and Leonard C. Sippel, Individually, as Makers, in favor of PacWest Funding, Inc., dba Precision Capital, as Payee. In addition to the above referenced property in Pierce County, Washington, the Note is also secured by Deeds of Trust on property in Lane County, Oregon granted by Mt. Vernon Seafoods, LLC, as Grantor, in favor of PacWest Funding, Inc., dba Precision Capital, as Beneficiary and in Umatilla County, Oregon, granted by Mt. Vernon Seafoods, LLC, as Grantor, in favor of PacWest Funding, Inc., dba Precision Capital, as Beneficiary, more particularly described as follows: Lane County Deed of Trust filed for record on April 10, 2012, as Lane County, Oregon Instrument No. 2012-016742-, encumbering that certain real property described in Exhibit "B" attached to this Notice of Sale and incorporated herein by this reference (the "Lane County Deed of Trust"). And Umatilla County Deed of Trust filed for record on April 10, 2012, as Umatilla County, Oregon Instrument No. 2012-5900445, encumbering that certain real property described in Exhibit "C" attached to this Notice of Sale and incorporated herein by this reference (the "Umatilla County Deed of Trust"). The above-described Trustee's Sale, to held pursuant to the Pierce County Deed of Trust (the "Pierce County Sale") will be held simultaneous with a Trustee's Sale to be held in Umatilla County, Oregon, pursuant to the Umatilla County Deed of Trust (the "Umatilla County Sale") and simultaneous with a Trustee's Sale to be held at the same time and date as a Trustee's Sale to be held in Lane County, Oregon, pursuant to the Lane County Deed of Trust (the "Lane County Sale"). The amount of the successful bid at the Umatilla County Sale will be deducted from the total amount owing on the obligation secured by the above three Deeds of Trust. Following the Umatilla County Sale, the Pierce County Sale will take place and the amount of the successful bid at that sale will be deducted from the obligation secured by the Deeds of Trust. Lastly, the Lane County Sale will be held at which all or any portion of the then remaining balance of the obligation secured by the Deeds of Trust will be bid by or on behalf of the 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 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: i) Failure to pay the following amounts, now in arrears: Amount due to payoff by October 1, 2014 Unpaid principal balance payable in full ^$750,000 Estimated accrued and unpaid interest to October 1, 2014 at 10.5% Interest continues to accrue after said date. ^$92,657.89 Late Charges through April 1, 2014 ^$2,953.08 5 percent Late Fee on Balance at Day of Maturity ^$40,798.81 Legal Fees ^$5,873.97 Reimbursement of Title Fees ^$4,603.34 TOTAL DEFAULT ^$896,887.09 IV The sum owing on the obligation secured by the Deed of Trust is: $750,000.00, together with interest from August 27, 2013 as provided in the note or other instrument, 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 January 16, 2015. The promissory note which is the basis of this foreclosure, became due and payable on April 30, 2014. The sale will be discontinued and terminated if at any time on or before the sale date by the Grantor or the Grantor's successor in interest of 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. Payment must be in cash or with cashier's or certified checks from a State or federally chartered bank. VI A written notice of default was transmitted by the beneficiary or Trustee to the Borrower and Grantor at the following address(es): C. Barry Zimmerman Trustee 601 Sherman Ave Ste 5 POB 1240 Coeur d'Alene, ID 83816 Kathryn McKenzie C/O Steven Brian McCrea POB 1501 Coeur d'Alene, ID 83816 Mt Vernon Seafoods LLC aka Alaska Harvest Seafood, LLC C/O Leonard Sippel, Registered Agent 96 Van Wies Point Rd Glenmont, NY 12077 Mt Vernon Seafoods, LLC aka Alaska Harvest Seafood, LLC C/O Leonard Sippel 96 Van Wies Point Rd Glenmont, NY 12077 Mt Vernon Seafoods, LLC aka Alaska Harvest Seafood, LLC C/O Leonard Sippel, Registered Agent 1500 E College Way #A-500 Mount Vernon, WA 98273 Mt Vernon Seafoods, LLC aka Alaska Harvest Seafood, LLC C/O Paul Cutler 1500 E College Way #A-500 Mount Vernon, WA 98273 Mt Vernon Seafoods, LLC aka Alaska Harvest Seafood, LLC C/O Paul D Cutler 104 Hanging Moss Rd Summerville, SC 29485 Mt Vernon Seafoods, LLC C/O Leonard Sippel 96 Van Wies Point Rd Glenmont, NY 12077 Mt Vernon Seafoods, LLC aka C/O Paul D Cutler 104 Hanging Moss Rd Summerville, SC 29485 Rainier Valley Inn, LLC C/O Kathryn McKenzie PO Box 387 Superior, MT 59872 Rainier Valley Inn, LLC 201 W Main St Grangeville, ID 83530 Rainier Valley Inn, LLC 31811 State Route 706 E Ashford, WA 98304 Rainier Valley Inn, LLC C/O Kathryn McKenzie 149 Holt Rd Elbe, WA 98330 Rainier Valley Inn, LLC C/O Kathryn McKenzie 23512 86th Ave E Graham, WA 98338 Rainier Valley Inn, LLC C/O Kathryn McKenzie PO Box 14 Whitebird, ID 83554 Rainier Valley Inn, LLC C/O Lila Blewett 35280 Powell Rd Lewiston, ID 83501 Rainier Valley Inn, LLC C/O Lila Blewett 23512 86th Ave E Graham, WA 98338 Rainier Valley Inn, LLC C/O Peggy Eveleth, Registered Agent 23512 86th Ave E Graham, WA 98338 Rainier Valley Inn, LLC C/O Robert Blewett 23512 86th Ave E Graham, WA 98338 Rainier Valley Inn, LLC C/O Robert Blewett 35280 Powell Rd Lewiston, ID 83501 Rainier Valley Inn, LLC C/O Steven Brian McCrea POB 1501 Coeur d'Alene, ID 83816 Rainier Valley Inn, LLC PO Box 14 Whitebird, ID 83554 Rainier Valley Inn, LLC PO Box 387 Superior, MT 59872 by both first class and certified mail on August 21, 2014, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on August 22, 2014, 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. VII The Trustee whose name and address are set forth 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 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 Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. If the Trustee's Sale is set aside for any reason, the submitted bid will be forthwith returned without interest and the bidder will have no right to purchase the property. Recovery of the bid amount without interest constitutes the limit of the bidder's recourse against the Trustee and/or the Beneficiary. XI NOTICE TO ALL PERSONS AND PARTIES WHO ARE GUARANTORS OF THE OBLIGATIONS SECURED BY THIS DEED OF TRUST: (1) The Guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the Trustee's Sale is less than the debt secured by the Deed of Trust; (2) The Guarantor has the same rights 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; (3) The Guarantor will have no right to redeem the property after the Trustee's sale; (4) Subject to such longer periods as are provided in the Washington Deed of Trust Act, Chapter 61.24 RCW, any action brought to enforce a guaranty 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; and (5) In any action for a deficiency, the Guarantor 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 its liability for a deficiency to the difference between the debt and the greater of such fair value or the sale price paid at the Trustee's Sale, plus interest and costs. DATED: September 29, 2014 BISHOP, MARSHALL & WEIBEL, P.S. Successor Trustee By:/s/William L. Bishop, Jr., President 720 Olive Way, Suite 1201 Seattle, WA 98101 (206)622-7527 State of Washington)ss. County of King) On this 29 day of September, 2014, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared William L. Bishop, Jr., to me known to be an Officer of Bishop, Marshall & Weibel, P.S., the corporation that executed the foregoing instrument 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 states that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Name: Darla Trautman NOTARY PUBLIC in and for the State of Washington at: King County My Appt. Expires: April 9, 2016 Exhibit A PARCEL A: LOTS 4, 5, 7 AND 8, BLOCK 1, HIGH ECHO, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 33 OF PLATS, PAGES 28 AND 29, RECORDS OF PIERCE COUNTY, WASHINGTON. PARCEL A1: A NON-EXCLUSIVE PRIVATE ROAD EASEMENT AS DELINEATED ON THE SAID PLAT. PARCEL B: BEGINNING AT THE CENTER OF SECTION 26, TOWNSHIP 15 NORTH, RANGE 6 EAST, W.M., IN PIERCE COUNTY, WASHINGTON; THENCE NORTH 89 DEGREES 19'30" EAST ALONG THE EAST-WEST CENTER LINE OF SAID SECTION, 162.65 FEET; THENCE NORTH 4 DEGREES 8'30" WEST 407 FEET; THENCE NORTH 83 DEGREES 21'45" WEST 143.52 FEET TO THE NORTH-SOUTH CENTER LINE OF SAID SECTION; THENCE SOUTH 01 DEGREES 25'15" EAST ALONG SAID CENTERLINE, 412 FEET TO THE POINT OF BEGINNING. EXCEPT THE SOUTH 30 FEET FOR MOUNT RAINIER NATIONAL PARK HIGHWAY. EXCEPT THAT PORTION THEREOF CONDEMNED BY DECREE OF APPROPRIATION ENTERED MARCH 14, 1996, IN PIERCE COUNTY SUPERIOR COURT CASE NO. 95-2-08251-9. PARCEL C: THE EAST 319.65 FEET OF THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 15 NORTH, RANGE 6 EAST, W.M., IN PIERCE COUNTY, WASHINGTON, LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE MT. TACOMA CANYON ROAD AND NORTH OF THE NORTH LINE OF THE SOUTH 30.00 FEET OF SAID NORTHWEST QUARTER. EXCEPT THAT PORTION LYING WITHIN THE PLAT OF HIGH ECHO, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 33 OF PLATS, PAGES 28 AND 29, RECORDS OF PIERCE COUNTY, WASHINGTON. EXCEPT THAT PORTION THEREOF CONDEMNED BY DECREE OF APPROPRIATION ENTERED MARCH 14, 1996, IN PIERCE COUNTY SUPERIOR COURT CASE NO. 95-2-08251-9. Exhibit B PARCEL I: BEGINNING AT A POINT WHICH IS 2520.19 FEET NORTH 1 DEGREES 48'12" EAST AND 182.70 FEET NORTH 88 DEGREES 12' WEST OF THE SOUTHEAST CORNER OF THE JONATHAN THOMAS DONATION LAND CLAIM NO. 60, TOWNSHIP 16 SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN; THENCE RUNNING SOUTH 1 DEGREES 48'12" WEST 125.0 FEET; THENCE NORTH 88 DEGREES 12' WEST 125.0 FEET; THENCE NORTH 1 DEGREES 48'12" EAST 125.0 FEET; THENCE SOUTH 88 DEGREES 12' EAST 125.0 FEET TO THE POINT OF BEGINNING, IN LANE COUNTY, OREGON. PARCEL II: BEGINNING AT A POINT WHICH IS 2645.19 FEET NORTH 1 DEGREES 48'12" EAST AND 182.70 FEET NORTH 88 DEGREES 12' WEST OF THE SOUTHEAST CORNER OF THE JONATHAN THOMAS DONATION LAND CLAIM NO. 60, TOWNSHIP 16 SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN, SAID POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF COUNTY ROAD NO. 254; THENCE RUNNING SOUTH 1 DEGREES 48'12" WEST 125.0 FEET; THENCE NORTH 88 DEGREES 12' WEST 125.0 FEET; THENCE NORTH 1 DEGREES 48'12" EAST 125.0 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID COUNTY ROAD NO. 254; THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 88 DEGREES 12' EAST 125.0 FEET TO THE POINT OF BEGINNING, IN LANE COUNTY, OREGON. PARCEL III: LOT 2, VIRA PLAT, AS PLATTED AND RECORDED IN BOOK 57, PAGE 22, LANE COUNTY OREGON PLAT RECORDS, IN LANE COUNTY, OREGON. EXCEPTING THEREFROM THE SOUTH 102.90 FEET. PARCEL IV: BEGINNING AT A POINT WHICH IS 2,322.29 FEET NORTH 1 DEGREES 48'12" EAST AND 70.0 FEET NORTH 88 DEGREES 12' WEST OF THE SOUTHEAST CORNER OF THE JONATHAN THOMAS DONATION LAND CLAIM NO. 60, TOWNSHIP 16 SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN; RUNNING THENCE NORTH 88 DEGREES 12' WEST, 580.75 FEET TO THE EAST RIGHT OF WAY LINE OF THE PACIFIC HIGHWAY (U.S. 99); THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 13 DEGREES 35' WEST, 52.71 FEET; SOUTH 1 DEGREES 58'50" WEST, 448.41 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 88 DEGREES 12' EAST 592.91 FEET; THENCE NORTH 1 DEGREES 48'12" EAST, 500.0 FEET TO THE POINT OF BEGINNING, IN LANE COUNTY, OREGON. EXCEPT THEREFROM THAT PORTION CONVEYED TO THE STATE OF OREGON, BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION, BY DEED RECORDED SEPTEMBER 22, 2003, RECEPTION NO. 2003092345, OFFICIAL RECORDS OF LANE COUNTY, OREGON. PARCEL V: BEGINNING AT A POINT 2322.29 FEET NORTH 1 DEGREES 48'12" EAST AND 307.70 FEET NORTH 88 DEGREES 12' WEST OF THE SOUTHEAST CORNER OF THE JONATHAN THOMAS DONATION LAND CLAIM NO. 60 IN TOWNSHIP 16 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN AND RUNNING THENCE NORTH 88 DEGREES 12'00" WEST 64.04 FEET TO A POINT; THENCE NORTH 1 DEGREES 48'18" EAST 121.94 FEET TO A POINT; THENCE NORTH 87 DEGREES 13'35" EAST 32.12 FEET TO A POINT; THENCE NORTH 0 DEGREES 30'33" WEST 198.56 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD NO. 254; THENCE ALONG SAID RIGHT-OF-WAY LINE, NORTH 88 DEGREES 12'00" EAST 40.03 FEET TO A POINT; THENCE LEAVING SAID RIGHT-OF-WAY LINE, SOUTH 1 DEGREES 48'12" WEST 322.90 FEET TO THE POINT OF BEGINNING, BEING ALL IN SECTION 33, SAID TOWNSHIP AND RANGE, LANE COUNTY, OREGON. PARCEL VI: BEGINNING AT A POINT 2322.29 FEET NORTH 1 DEGREES 48'12" EAST AND 371.74 FEET NORTH 88 DEGREES 12' WEST OF THE SOUTHEAST CORNER OF THE JONATHAN THOMAS DONATION LAND CLAIM NO. 60 IN TOWNSHIP 16 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN AND RUNNING THENCE NORTH 1 DEGREES 48'18" EAST 121.94 FEET TO A POINT; THENCE SOUTH 87 DEGREES 13'35" WEST 235.95 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE RELOCATED PACIFIC HIGHWAY (INTERSTATE 5); THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, SOUTH 2 DEGREES 53'58" WEST 19.03 FEET TO A POINT; THENCE SOUTH 9 DEGREES 26'36" WEST 84.85 FEET TO A POINT; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE, SOUTH 88 DEGREES 12'00" EAST 246.84 FEET TO THE POINT OF BEGINNING, BEING ALL IN SECTION 33, SAID TOWNSHIP AND RANGE, LANE COUNTY, OREGON. PARCEL VII: THE SOUTH 102.90 FEET OF LOT 2, VIRA PLAT, AS PLATTED AND RECORDED IN BOOK 57, PAGE 22, LANE COUNTY OREGON PLAT RECORDS, IN LANE COUNTY, OREGON. PARCEL VIII: BEGINNING AT THE SOUTHWEST CORNER OF LOT 2, VIRA PLAT, AS PLATTED AND RECORDED IN BOOK 57, PAGE 22, LANE COUNTY OREGON PLAT RECORDS; AND RUNNING THENCE NORTH 88 DEGREES 12'00" WEST 125.00 FEET; THENCE NORTH 1 DEGREES 48' 12" EAST 72.90 FEET; THENCE SOUTH 88 DEGREES 12'00" EAST 125.00 FEET; THENCE SOUTH 1 DEGREES 48'12" WEST 72.90 FEET TO THE POINT OF BEGINNING IN LANE COUNTY, OREGON. Exhibit C A TRACT OF LAND LYING IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 29, EAST OF THE WILLAMETTE MERIDIAN, BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF SAID SECTION 5, WHICH POINT IS SOUTH 1 DEGREE 32, EAST 649 FEET FROM THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE WEST AT RIGHT ANGLES A DISTANCE OF 70 FEET, MORE OR LESS TO THE WEST RIGHT OF WAY LINE OF STATE HIGHWAY NO. 32, SAID POINT BEING THE NORTHEAST CORNER OF THAT TRACT OF LAND CONVEYED TO CHARLES R. HODGES, ET UX, BY DEED RECORDED IN MICROFILM R315, PAGE 1881, OFFICE OF COUNTY RECORDS, UMATILLA COUNTY, OREGON AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE SOUTH 87 DEGREES 33'38" WEST A DISTANCE OF 124 FEET, THENCE SOUTH 02 DEGREES 26'22" EAST A DISTANCE OF 150 FEET; THENCE NORTH 87 DEGREES 33'38" EAST A DISTANCE OF 124 FEET MORE OR LESS TO THE WEST RIGHT OF WAY LINE OF STATE HIGHWAY NO. 32; THENCE NORTH ALONG SAID WEST RIGHT OF WAY LINE A DISTANCE OF 150 FEET MORE OR LESS TO THE POINT OF BEGINNING; ALL BEING EAST OF THE WILLAMETTE MERIDIAN, COUNTY OF UMATILLA, STATE OF OREGON. SUBJECT TO ANY AND ALL WATER RIGHTS OF WAY AND ROADS. December 12, January 2