Re: ERICKSON HILTON, LLC AMENDED NOTICE OF TRUSTEE'S SALE Pursuant to the Revised Code of Washington Chapter 61.24, et seq. T.S. No: L544115 WA Unit Code: L Loan No: ERICKSON H AP #1: 031913-1128 this notice replaces any previous "NOTICE OF TRUSTEE'S SALE" affecting the same Deed of Trust. I NOTICE IS HEREBY GIVEN THAT the undersigned trustee, T.D. SERVICE COMPANY OF WASHINGTON, 4000 W. Metropolitan Drive, Suite 400, Orange, CA 92868, will on SEPTEMBER 26, 2014 at the hour of 10:00 A.M. 2ND FLOOR ENTRY PLAZA OUTSIDE TO THE PIERCE COUNTY COURTHOUSE 930 TACOMA AVENUE SOUTH, TACOMA , State of WASHINGTON, sell at public auction to the highest and best bidder, payable at the time of the sale, the following described real property, situated in the County of PIERCE, State of WASHINGTON, to Wit: the north 345 feet and the east 245 feet of the west half of the northeast quarter of the northeast quarter of the northeast quarter of section 13, township 19 north, range 3 east of the W.M., in pierce county, Washington. Except the north 30 feet thereof for county road. Personal property see attached exhibit description of collateral all of grantor's right, title and interest, now owned or hereafter acquired, in and to the following property and rights as described in the deed c )of trust security agreement. Financing statements. The following provisions relating to this deed of trust as a security agreement are a part of the deed of trust security agreement this instrument shall constitute a security agreement to the extent any of the property constitutes fixtures, and lender shall have all of the rights of a secured party under the uniform commercial code as amended from time to time. Security interest upon request by lender, grantor shall take whatever action is requested by lender to perfect and continue lender's security interest in the rents and personal property. In addition to recording this deed of trust in the real property records. Lender may, at any time and without further authorization from grantor, file executed counterparts, copies or reproductions of this deed of trust as a financing statement. Grantor shall reimburse lender for all expenses incurred in perfecting or continuing this security interest. Upon default, grantor shall not remove, sever or detach the personal property from the property. Upon default, grantor shall assemble any personal property not affixed to the property in a manner and at a place reasonably convenient to grantor and lender and make it available to lender within three (3) days after receipt of written demand from lender to the extent permitted by applicable law. Addresses the mailing addresses of grantor (debtor and lender secured party) from which information concerning the security interest granted by this deed of trust may be obtained (each as required by the uniform commercial code) are as stated on the first page of this deed of trust. Personal property the words "personal property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by grantor, and now or hereafter attached or affixed to the real property, together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property, and together with all issues and profits thereon and proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the property. Property the word "property" means collectively the real property and the personal property. Real property the words "real property" mean the real property, interests and rights, as further described in this deed of trust. The street or other common designation if any, of the real property described above is purported to be: 5206 128TH STREET E., TACOMA, WA 98446 The undersigned Trustee disclaims any liability for any incorrectness of the above street or other common designation. which is subject to that certain Deed of Trust dated April 24, 2009, recorded May 8, 2009, under Auditor's File No. 200905080705 in Book –Page —, records of PIERCE County, WASHINGTON, from ERICKSON HILTON, LLC as Grantor, to STEWART TITLE OF KITSAP COUNTY as Trustee, to secure an obligation in favor of KEYBANK NATIONAL ASSOCIATION as Beneficiary. AND ASSIGNMENT OF RENT(S) DATED 04/24/09, AND SAID DEED OF TRUST CONTAINS A SECURITY AGREEMENT OF EVEN DATE 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: UNPAID PRINCIPAL BALANCE $512,473.17 INTEREST @ 7.3100 % FROM 05/01/12 THRU 06/ 19/14 $80,022.54 Sub-total of amounts in arrears: $592,495.71 PLUS DELINQUENT TAXES As to the defaults which do not involve payment of money to the Beneficiary of your Deed of Trust, you must cure each such default. Listed below are the defaults which do not involve payment of money to the Beneficiary of your Deed of Trust. Opposite each such listed default is a brief description of the action necessary to cure the default and a description of the documentation necessary to show that the default has been cured. Other PLUS DELINQUENT TAXES IV the sum owing on the obligation secured by the Deed of Trust is principal $512,473.17 together with interest as provided in the note or other instrument secured from 05/01/ 12, 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 the 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 09/26/14. The default referred to in Paragraph III must be cured prior to the sale to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before the sale the default(s) as set forth in Paragraph III is cured and the trustee's fees and costs are paid. The sale may be terminated any time before the sale by the Borrower, Grantor and Guarantor or the holder of the recorded junior lien or encumbrance by 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: ERICKSON HILTON, LLC 5122 73RD STREET CT. E TACOMA, WA 98444 ERICKSON HILTON, LLC 5206 128TH STREET E TACOMA, WA 98446 ERICKSON HILTON, LLC C/O EBEN ERICKSON 10611 CANYON RD. E #122 PUYALLUP, WA 98373 ROAD RUNNER STRIPING, INC. (TENANT) EBEN ERICKSON REGISTERED AGENT 5206 128TH STREET E TACOMA, WA 98446 ROAD RUNNER STRIPING, INC. (TENANT) C/O EBEN ERICKSON 10611 CANYON RD E #122 PUYALLUP, WA 98373 EBEN ERICKSON 19946 HOOD POINT ROAD NW SEABECK, WA 98380 AIMEE ERICKSON 19946 HOOD POINT ROAD NW SEABECK, WA 98380 by both first class and certified mail on October 8, 2013, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on October 14, 2013 , 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. 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 objection to the sale on any grounds whatsoeve
r 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. XI NOTICE TO GUARANTORS 1. If you are a guarantor of the obligations secured by the deed of trust, you 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. You have 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. You 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 other deed of trust granted to secure the same debt. 5. In any action for a deficiency, you 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 your 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. Notice and other personal service may be served on the Trustee at: T.D. SERVICE COMPANY OF WASHINGTON 2611 NE 113th Street Suite 300 Seattle, WA 98125 (800) 843-0260 (206) 8596989 DATED: June 12, 2014 T.D. SERVICE COMPANY OF WASHINGTON, SUCCESSOR TRUSTEE By CRYSTAL ESPINOZA, ASSISTANT SECRETARY 4000 W. Metropolitan Drive Suite 400 Orange, CA 92868 (800) 843-0260 (206) 859-6989 If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If available, the expected opening bid and/or postponement information may be obtained by calling the following telephone number(s) on the day before the sale: (888) 9886736 or you may access sales information at salestrack.tdsf.com TAC# 969634W PUB: 08/22/14, 09/12/ 14