Re: ABBY AND FAMILY LLC TS No: 12-00590-2 Loan No: xxxxxx7904-18 APN: 00-22-36-4-007 NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ. I. NOTICE IS HEREBY GIVEN that on April 19, 2013, 10:00 AM, at the 2nd floor entry plaza of the Superior Courthouse 930Tacoma Avenue South Tacoma, WA. 98402, Fidelity National Title Insurance Company, the undersigned Trustee will sell at public auction to the highest and best bidder, payable, in the form of cash, or cashier's check or certified checks from federally or State chartered banks, at the time of salethe following described real property, situated in the County of Pierce, State of Washington, to wit: THE SOUTH 250 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 22 NORTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, LYING SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF THE LONGBRANCH-GIG HARBOR HIGHWAY. EXCEPT THE EAST 748.5 FEET THEREOF. SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON. which is subject to that certain Deed of Trust dated November 17, 2006, recorded on November 20, 2006, as Instrument No. 200611200216 of Official Records in the Office of the County Recorder of Pierce County, Washington, from ABBY AND FAMILY LLC, as the original Grantor(s), to CHICAGO TITLE INSURANCE COMPANY, as the original Trustee, to secure an obligation in favor of WACHOVIA SBA LENDING, INC., as the original Beneficiary. The current Beneficiary is: Wells Fargo Bank, National Association, successor to Wachovia SBA Lending Inc., (the "Beneficiary"). More commonly known as 9707 KEY PENINSULA HWY NORTH, GIG HARBOR, WA (FORMERLY KNOWN ASA 15317 KEY PENINSULA HWY NORTH, GIG HARBOR, WA) 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 Borrowers' or Grantor's default on the obligation secured by the Deed of Trust/Mortgage. III. The default(s) for which this foreclosure is made is/are as follows: failed to pay payments which became due; and all subsequent payments; together with late charges due; failed to pay advances made by the Beneficiar; together with other fees and expenses incurred by the Beneficiary. The total amount of payments due is: $320,387.58; the total amount of late charges due is $1,797.03; the total amount of advances made is/are $6,762.50. IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $945,607.35, together with interest as provided in the note or other instrument secured from October 19, 2009, and such other costs and fees 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. Said sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on April 19, 2013. The defaults referred to in Paragraph III must be cured by April 8, 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 before April 8, 2013 (11 days before the sale) 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 any time after April 8, 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, 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 address(es): 15317 KEY PENINSULA HWY NORTH, GIG HARBOR, WA 98329 9707 KEY PENINSULA HWY N, GIG HARBOR, WA 98329-6635 9707 KEY PENINSULA HWY NORTH, GIG HARBOR, WA 98329 9711 151TH AVE KPN, GIG HARBOR, WA 98329 1102 BROADWAY PLAZA #403, TACOMA, WA 98402 P.O. BOX 15143, SACRAMENTO, CA 95851 7287 SE NELSON ROAD, OLALLA, WA 98359 5600 KITSAP WAY, BREMERTON, WA 98312 by both first class and certified mail on November 13, 2012, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, 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. Beneficiary has elected and hereby elects to conduct a unified foreclosure sale pursuant to the provisions of RCW 62A.9A-604 and to include in the nonjudicial foreclosure of the estate described in this Notice of Trustee's Sale all of the personal property and fixtures described in the Deed of Trust and in any other instruments in favor of Beneficiary, which property is more particularly described as follows: Capitalized terms not defined herein shall have the same meaning as those in the Note, Secured Obligations; that certain Commercial Security Agreement executed among J. Guinn Enterprises LLC (Grantor); J. Guinn Enterprises LLC and Abby and Family LLC (Borrower), that certain UCC Financing Statement filed 11/1/2006, File No. 2006-305-1968-6; the Deed of Trust and/or any other loan documents, and that All machinery, equipment, furniture, general intangibles, fixtures, wherever located, now owned, or to be acquired, together with all increases to and replacements thereof. This security interest extends to any and all proceeds of the property described herein, including but not limited to, chattel paper, documents, insurance proceeds, contract rights and general intangibles now in force of hereafter acquired, relating to the collateral described herein. Machinery and Equipment, General Intangibles, Furniture and Fixtures See Exhibit "A" attached hereto and incorporated herein by this reference. EXHIBIT "A" 12-00590-2 PERSONAL PROPERTY DESCRIPTION QTY ITEM 1 Huth Exhaust Machine 1 Miller Wire Feed 1 25 Ton Press 1 Bend Pac 4 post 12,000 lift 1 Coats Tire Machine 1 FML Tire Balancer 1 Snap-On Battery Changer 1 NAPA Battery Charger 1 Engine Hoist 3 Trom 5 Jacks 1 Rotary 9,000lb 2 Post Lift 2 Rotary 10,000 2 post lifts 1 Snap-on Brake Lathe 4 Wheel Dollies 1 Snap-on Modis 1 Matco Scanner w/5 gas 1 OTC Timing Kit 1 Steel Board w/vise 1 Grinder free stand 8 Jack Stands 1 Motor Vac Fuel Injection Machine 1 Shop computer w/all data 1 Oxy + Acetylene Torch Kit 4 Post Lube Rack 1 Snap-On Dual AC Machine 1 Snap-On Electrical & Battery Vat 40 1 FMC Brake Lathe 1 Strut tool wall mount 4 Snap-On floor Jacks 1 Cuda Parts Washer 1 Oil Lube Pumps & Tanks 1 80/90 Dispenser 2· Oil Drain Roll Arounds 1 Office Computer 1 ADT Alarm & Fire monitor 1 Snap-On Air Compressor 2 Engine Stands 1 Office Phone System & Cordless System 1 Tool Cabinet 1 BMW & Mercedes Reset Tool 1 Pinion set-up tool 1 Pinion Torque tool 1 AL Dye Detector 1 AL Core Tool Set 1 AC Tool Box, Snap-On w/Tools 1 AC leak detector 1 AC Identifier 1 UV Lamp 1 Caliper Measuring tool 1 Pulley Puller Kit 1 Electronic Ears 1 EEC 4 Breakout Box 1 EEC 5 Breakout Box 1 Front wheel drive hub puller 2 Cooling system adapter Kit 1 U Joint Master Kit 2 Pitman Arm Puller 3 Bearing Spliters 2 Valve Adjust Tools 2 Ball Joint Press 1 Punch holder 1 Injection Kit 1 3/4 Large Impact Gun 1 Air 10-ton bottle jack 1 Headlite Aim Machine 1 Drill Doctor A) All accessions, attachments, accessories, tools, parts, supplies, replacements of and additions to any of the collateral described herein, whether added now or later. B) All products and produce of any of the property described in this Collateral section, C) All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of a sale, lease, consignment or other disposition of any of the property described in this Collateral section. D) All proceeds (including insurance proceeds) from the sale, destruction, lo
ss, or other disposition of any of the property described in this Collateral section, and sums due from a third party who has damaged or destroyed the Collateral or from that party's insurer, whether due to judgment, settlement or other process, E) All records and date relating to any of the property described in this Collateral section, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with all of Grantor's right, title, and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media. Beneficiary reserves the right to revoke its election as to some or all of said personal property and/or fixtures, or to add additional personal property and/or fixtures to the election herein expressed, at Beneficiary's sole election, from time to time and at any time until the consummation of the trustee's sale to be conducted pursuant to the Deed of Trust and this Notice of Trustee's Sale. The property offered for sale excludes all funds held on account by the property receiver, if applicable. 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 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 Trustee's sale. 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 the Unlawful Detainer Act, Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060; SPECIAL NOTICE TO GUARANTORS Pursuant to RCW 61.24.042, each Guarantor is hereby notified that; (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 SALE INFORMATION CAN BE OBTAINED ON LINE AT www.priorityposting.com AUTOMATED SALES INFORMATION PLEASE CALL 714-573-1965 DATED: January 11, 2013 FIDELITY NATIONAL TITLE INSURANCE COMPANY, Trustee 11000 Olson Drive Ste 101 Rancho Cordova, CA 95670 Phone No: 916-636-0114 Rachel Cissney, Authorized Signature P1015741 3/18, 04/08/2013