#2/Edgewood Holdings, LLC Document Title: Notice of Trustee's Sale Reference Nos. of Documents Assigned or released: 200606280374; 200711300918; 200807310349; 201101180052 Grantor: Edgewood Holdings, LLC Grantee: Blackbird Wolf Point LLC Legal Description (abbreviated): Portions of Section 15 and 16, Township 20 North, Range 4, EWM Full legal description on page A-1. Assessor's Tax Parcel ID#: 0420161107, 0420164085, 0420164093, 0420164094 NOTICE OF TRUSTEE'S SALE Pursuant to the Revised Code of Washington, Chapter 61.24 RCW To: Edgewood Holdings, LLC c/o H. Thomas Wick, Member/ Manager of Base Capital, LLC, Manager of Edgewood Holdings, LLC 411108th Ave NE, Suite 1970 Bellevue, WA 98004 Base Capital, LLC c/o Dick Hooper Pivotal Solutions Inc. 451 SW 10th Street, Suite 107 Renton, WA 98057 H. Thomas Wick P.O. Box 759 Kirkland, WA 98083 I. NOTICE IS HEREBY GIVEN that the undersigned Successor Trustee will on the 19th day of April, 2013, at the hour of 9:45 a.m., at the Tacoma Avenue entrance to the County-City Building, 930 Tacoma Avenue South, in the City of Tacoma, 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: EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF PIERCE, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15 TOWNSHIP 20 NORTH RANGE 4 EAST OF THE W.M. IN PIERCE COUNTY, WASHINGTON LYING WESTERLY OF THE WESTERLY LINE OF MERIDIAN STREET NORTH (PUYALLUP EDGEWOOD COUNTY ROAD) TOGETHER WITH THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE W.M., IN PIERCE COUNTY, WASHINGTON. TOGETHER WITH THAT PART OF THE NORTH 8.7 ACRES OF GOVERNMENT LOT 6, IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE W.M., IN PIERCE COUNTY, WASHINGTONLYING NORTH OF THE PUYALLUP-EDGEWOOD COUNTY ROAD (SR 161) AND EAST OF THE PROPERTY CONVEYED TO EDWARD GROSSO ON NOVEMBER 15, 1950 PER INSTRUMENT FILED UNDER AUDITOR'S NO. 1575906. EXCEPT THE FOLLOWING: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 20 NORTH,RANGE 4 EAST OF THE W.M., IN PIERCE COUNTY, WASHINGTON; THENCE SOUTH 0 DEGREES 34' EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 102.16 FEET TO A POINT ON THE SEMI-TANGENT OF THE PUYALLUP EDGEWOOD HIGHWAY; THENCE NORTH 83 DEGREES 39'30" WEST ALONG THE CENTER LINE OF SAID ROAD, 506.12 FEET TO A STONE MONUMENT AND THE TRUE PLACE OF BEGINNING FOR THIS DESCRIPTION; THENCE SOUTH 62 DEGREES 06'30" WEST, 124.84 FEET; THENCE NORTH 64 DEGREES 17'15" WEST, 187.18 FEET; THENCE NORTH 26 DEGREES 55'30" WEST, 272.32 FEET; THENCE NORTH 73 DEGREES 35'06" EAST 500.72 FEET; THENCE SOUTH 18 DEGREES 19'15" WEST, 300.73 FEET; THENCE SOUTH 14 DEGREES 30'30" EAST, 127.41 FEET; THENCE NORTH 83 DEGREES 39'30" WEST 15.49 FEET TO THE TRUE PLACE OF BEGINNING. EXCEPT THOSE PORTIONS LYING WITHIN THE LANDS DESCRIBED IN DEEDS RECORDED UNDER AUDITOR'S NOS. 1615156, 8502010075 AND 9406150610. PARCEL B: THE WEST 130 FEET OF THE FOLLOWING DESCRIBED PARCELS, ALSO THE SOUTH 60 FEET, EXCEPT THE WEST 130 FEET, OF THE FOLLOWING DESCRIBED PARCELS: THAT PORTION OF THE NORTH 8.7 ACRES OF GOVERNMENT LOT 6, IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE WESTERLY ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER TO THE SOUTH LINE OF THE NORTH 8.7 ACRES THEREOF; THENCE EAST TO THE WESTERLY LINE OF THE SR 161 (SSH NO. 5D) PUYALLUP-EDGEWOOD ROAD; THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE TO THE EAST LINE OF SAID SECTION 16; THENCE NORTHERLY TO THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE NORTH ONE-THIRD OF GOVERNMENT LOT 6 IN SECTION 16, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION; THENCE NORTH 88 DEGREES 58'30" WEST 1,334.44 FEET; THENCE SOUTH 0 DEGREES 55'30" WEST 380.81 FEET; THENCE SOUTH 89 DEGREES 15'30" EAST 1,334.44 FEET; THENCE NORTH 0 DEGREES 55'30" EAST 374.25 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION THEREOF LYING EASTERLY OF THE WESTERLY LINE OF SR 151 (SSH NO. 5-D) PUYALLUPEDGEWOOD ROAD. ALSO EXCEPT THEREFROM THAT PORTION LYING WITHIN THE BOUNDARIES OF THE NORTH 8.7 ACRES DESCRIBED ABOVE. PARCEL C: A PORTION OF THE NORTH 8.7 ACRES OF LOT 6 IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE W.M., IN PIERCE COUNTY, WASHINGTON. MORE PARTICULARS DESCRIBES AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 16, THENCE SOUTH 0 DEGREES 34' EAST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 102.16 FEET TO THE POINT ON THE SEMI-TANGENT OF THE PUYALLUP EDGEWOOD HIGHWAY; THENCE NORTH 83 DEGREES 39'30" WEST ALONG THE CENTERLINE OF SAID HIGHWAY 506.12 FEET TO A STONE MONUMENT; THENCE SOUTH 62 DEGREES 6'30" WEST 124.34 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 64 DEGREES 17'15" WEST 187.18 FEET; THENCE NORTH 26 DEGREES 55'30" WEST 30 FEET, MORE OF LESS, TO THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 16; THENCE WEST ALONG THE NORTH LINE OF SAID SUBDIVISION TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTH LINE OF THE NORTH 8.7 ACRES THEREOF; THENCE EAST TO THE WESTERLY LINE OF THE PUYALLUP EDGEWOOD HIGHWAY NO. 5D; THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF SAID COUNTY ROAD TO THE TRUE POINT OF BEGINNING. EXCEPT THE WEST 130 FEET THEREOF. TOGETHER WITH ALL THAT PORTION OF THE NORTH ONE-THIRD OF GOVERNMENT LOT 6, IN SECTION 16, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE W.M., IN PIERCE COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 16, RUNNING NORTH 88 DEGREES 58'30" WEST 1,334.44 FEET; THENCE SOUTH 0 DEGREES 55'30" WEST 380.81 FEET; THENCE SOUTH 89 DEGREES 15'30" EAST 1,334.44 FEET; THENCE NORTH 0 DEGREES 55'30" EAST 374.23 FEET TO THE POINT OF BEGINNING, LYING WEST OF THE PUYALLUP EDGEWQOD COUNTY ROAD. EXCEPT THE WEST 130 FEET THEREOF. ALSO EXCEPT THAT PORTION LYING WITHIN THE BOUNDARIES OF THE NORTH 8.7 ACRES OF SAID GOVERNMENT LOT 6. EXCEPT THE SOUTH 60 FEET OF SAID PREMISES CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED FEBRUARY 3, 1971 UNDER RECORDING NO. 2377719. SITUATE IN THE CITY OF EDGEWOOD, COUNTY OF PIERCE, STATE OF WASHINGTON. (more commonly known as 3926 Meridian Avenue East, Edgewood, WA 98371), which is subject to that certain Deed of Trust dated 6/26/06 and recorded under Auditor's/Recorder's No. 200606280374, records of Pierce County, Washington, from Edgewood Holdings, LLC, as Grantor, to Richard J. Powers, Attorney at Law, as Trustee, to secure an obligation in favor of Puget Sound Bank, as Beneficiary, which Deed of Trust was modified by instrument recorded 11/30/07 under Pierce County Recorder's No. 200711300918, and by instrument recorded 7/31/08 under Pierce County Recorder's No. 200807310349, and by instrument recorded 1/18/11 under Pierce County Recorder's No. 201101180052. The beneficial interest in the Deed of Trust was assigned by Puget Sound Bank to James F. Brown by instrument recorded 12-3112 under Pierce County Recorder's No. 201212311059, and was assigned by James F. Brown
to Blackbird Wolf Point LLC, by Assignment recorded 1/14/13 under Pierce County Recorder's No. 201301140563. 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: I. Principal balance on promissory note due 9/1/11 ^$2,544,990.00 Unpaid interest as of 12/3/10 ^18,928.36 Interest at the note rate from 12/3/ 1012/31/10 ($300.45 x 28 days) ^8,412.60 Interest at the default rate of 9.25% from 1/1/1112/31/12 ^497,948.90 Interest at the default rate of 9.25% 1/ 1/131/18/13 ($788.97 x 18 days) ^14,201.46 II. Principal balance on promissory note due 9/1/11 ^$702,000.00 Unpaid interest as of 12/3/10 ^6,834.21 Interest at the note rate from 12/3/ 1012/31/10 ($107.25 x 28 days) ^3,003.00 Interest at the default rate of 10.5% from 1/1/11 to 12/31/12 ^157,333.83 Interest at the default rate of 10.5% 1/ 1/131/18/13 ($253.51 x 18 days) ^4,563.18 Posting, mailing Notice of Default ^128.85 Trustee's Sale Guarantee ^4,120.49 Attorney's/Trustee's fee ^1,500.00 TOTAL AMOUNTS IN DEFAULT: ^$3,963,964.88 Other Defaults: Delinquent real property taxes as follows (not including any penalties or interest): 2010 taxes in the amount of ^$12,568.17 2011 taxes in the amount of ^$11,440.32 2012 taxes in the amount of ^$8,425.69 $32,434.18 ^$32,434.18 IV. The sums owing on the obligations secured by the Deed of Trust are: (1) principal $2,544,990.00 together with interest at the note rate in the amount of $27,340.96, and interest at the default which will accrue at the rate of $788.97 per diem as provided in the first promissory note from January 1, 2011; and (2) principal $702,000.00 together with interest at the note rate in the amount of $9,837.21, and interest at the default rate which will accrue at the rate of $253.51 per diem as provided in the second promissory note from January 1, 2011; 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 the 19th day of April, 2013. The defaults referred to in paragraph III must be cured by the 8th day of April, 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 on or before the 8th day of April, 2013 (11 days before the sale date) the defaults as set forth in paragraph III are cured and the Successor Trustee's fees and costs are paid. The sale may be terminated any time after the 8th day of April, 2013 (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, attorney fees, and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust, and curing all other defaults. This is an attempt to collect a debt and any information obtained will be used for that purpose. VI. A written notice of default was transmitted by the Beneficiary or Successor Trustee to the Borrower and Grantor at the following addresses: via first class & certified mail: Edgewood Holdings, LLC c/o H. Thomas Wick, Member/ Manager of Base Capital, LLC, Manager of Edgewood Holdings, LLC 411108th Ave NE, Suite 1970 Bellevue, WA 98004 via first class & certified mail: Base Capital, LLC c/o Dick Hooper Pivotal Solutions Inc. 451 SW 10th Street, #107 Renton, WA 98057 via first class mail only: H. Thomas Wick P.O. Box 759 Kirkland, WA 98083 on the 28th day of September 2012, proof of which is in the possession of the Successor Trustee; and the Borrower and Grantor were personally served on the 1st day of October 2012, or the written notices of default were posted in a conspicuous place on the real property described in paragraph 1 above, and the Successor Trustee has possession of proof of such service or postings. VII. The Successor 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 their interest in the above-described property. IX. Anyone having any objections 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 Successor Trustee's sale. X. Notice to Guarantors (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 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; (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. DATE: January 17, 2013 WOLFSTONE, PANCHOT & BLOCH, P.S., INC. Successor Trustee By /s/Andrew Rapp 1111 Third Avenue, Suite 1800 Seattle, WA 98101 Telephone (206)682-3840 STATE OF WASHINGTON)ss COUNTY OF KING) On this day personally appeared before me Andrew Rapp, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 17th day of January, 2013. /s/Kathleen Frushour NOTARY PUBLIC in and for the State of Washington, residing at Seattle My commission expires 3-16-15 March 15, April 5