Re: Carlyle Apartments Document Title: Notice of Trustee's Sale Grantor: Eisenhower Carlson PLLC Sunwest Bank, successor-in-interest to the FDIC as Receiver for Westside Community Bank, Beneficiary Grantee: Carlyle Apartments, LLC Legal Desc.: SE, SW 12-19-02 Reference DOT No.: 200604270202 TaxParcel No.: 0219123061 NOTICE OF TRUSTEE'S SALE Issued Pursuant to RCW 61.24.040 I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on the 12th day of September, 2014 at the hour of 10:00 a.m. outside the second floor entrance to the Pierce County Courthouse located at 900 Tacoma Avenue South, Tacoma, Washington, 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: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 19 NORTH, RANGE 2 EAST W.M., IN PIERCE COUNTY, WASHINGTON; THENCE ALONG THE SOUTH LINE OF SAID SUBDIVISION NORTH 89ø47'06" EAST 30 FEET TO THE EAST LINE OF CARLYLE ROAD; THENCE ALONG THE EAST LINE OF SAID ROAD NORTH 00ø17'15" EAST 42.44 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89ø42'45" EAST 228.12 FEET; THENCE NORTH 02ø51'15" EAST 125.50 FEET; THENCE NORTH 03ø02'10" EAST 14.13 FEET; THENCE NORTH 89ø42'45" WEST 234.58 FEET TO THE EAST LINE OF COUNTY ROAD; THENCE SOUTH 00ø17'15" WEST 138.50 FEET TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF LAKEWOOD, COUNTY OF PIERCE, STATE OF WASHINGTON. the postal address of which is more commonly known as 12721 47th Avenue S.W., Lakewood, Washington 98499, which is subject to that certain Deed of Trust dated April 24, 2006 and recorded on April 27, 2006 with the Pierce County Recorder's Office under Recording No. 200604270202, from Carlyle Apartments, LLC, as Grantor, to Pacific Northwest Title Company of Washington, as Trustee, to secure an obligation in favor of Sunwest Bank, successor-in-interest to the FDIC as Receiver for Westside Community Bank, 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 Borrower's or Grantor's default on the obligation secured by the Deed of Trust. III. The default for which this foreclosure is made is as follows: a. Failure to pay the following past due amounts, which are in arrears: Loan Number 351010319 Past due payments of $4,312.98 owing for March 1, 2014, April 1, 2014, May 1, 2014 and June 1, 2014: ^$17,251.92 Late charges: ^$2,381.04 Legal fees: ^$55.00 Appraisal fee: ^$1,500.00 TOTAL PAST DUE PAYMENTS, INTEREST, AND MISCELLANEOUS COSTS: ^$21,187.96 b. Defaults other than failure to make payments: The obligation secured by the Deed of Trust is in default due to the insolvency of the borrower. The obligation secured by the Deed of Trust is in default due to a material adverse change that has occurred in the borrower's financial condition. The obligation secured by the Deed of Trust is in default because the Beneficiary believes the prospect of payment or performance of the secured obligation is impaired. IV. The sum owing on the obligation secured by the Deed of Trust is: Principal of $380,920.68, together with interest as provided in the Note secured from April 24, 2006, and such other costs, fees and penalties 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 September 12, 2014. The defaults referred to in Paragraph III must be cured by September 1, 2014 (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 September 1, 2014 (11 days before the sale date) 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 by the Grantor any time after September 1, 2014 (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 principal and interest secured by the Deed of Trust, plus costs, interest, late charges, fees and advances, if any, made pursuant to the terms of the obligations 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 Borrowers, Grantors and/or Guarantors at the following addresses: Robert T. Ormond 8406 Bayridge Avenue Gig Harbor, WA 98332 Gary W. Davis 3560 S. Tyler St. Tacoma, WA 98499 Carlyle Apartments, LLC 9315 Gravelly Lake Drive SW Lakewood, WA 98499 Pensco Trust Company, FBO David L. Mason IRA 20002405 37522 28th Ave. S. Federal Way, WA 98003 Gary W. Davis 12721 47th Avenue Southwest Lakewood, WA 98499 Carlyle Apartments, LLC 12721 47th Avenue Southwest Lakewood, WA 98499 Gary W. Davis PO Box 9480 Tacoma, WA 98409 Carlyle Apartments, LLC PO Box 9480 Tacoma, WA 98409 Occupant/Resident 12721 47th Avenue Southwest Lakewood, WA 98499 by both first class and certified mail, on April 25, 2014, proof of which is in the possession of the Trustee; the written Notice of Default was also posted in a conspicuous place on the real property described in Paragraph I above on May 5, 2014. The Trustee has in Trustee's possession proof of such service/posting. VII. The Trustee, whose name and address is 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 Grantors and all those who hold by, through or under Grantors, of all their interest in the above-described property. IX. 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. 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 AND NON-RESIDENTIAL tenants. After the 20th day following the sale the purchaser has the right to evict occupants AND NONRESIDENTIAL tenants by summary proceedings under chapter 59.12 RCW. For RESIDENTIAL tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. RESIDENTIAL TENANT-OCCUPIED PROPERTY MEANS PROPERTY COMPRISED SOLELY OF A SINGLE-FAMILY RESIDENCE, OR A CONDOMINIUM, COOPERATIVE, OR OTHER DWELLING UNIT IN A MULTIPLEX OR OTHER BUILDING CONTAINING FEWER THAN FIVE RESIDENTIAL UNITS. XI. Notice to Guarantors If this Notice is being mailed or directed to any Guarantor, said Guarantor should be advised 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. DATED this 10 day of June, 2014. EISENHOWER CARLSON PLLC Successor Trustee By: /s/Alexander Kleinberg, Member Address: 1201 Pacific Avenue, Suite 1200 Tacoma, WA 98402 Phone: (253) 572-4500 STATE OF WASHINGTON) ss. County of Pierce) I certify that I know or have satisfactory evidence that Alexander S. Kleinberg is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledge it as a Member of Eisenhower Carlson PLLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this __ day of June, 2014. Name: Jennifer K. Fernando Notary Public in and for the State of Washington, residing at: Bonney Lake My Appointment Expires: 10/21/14 August 13, September 2