Re: Jerry Nybo Construction NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET SEQ. NOTICE IS HEREBY GIVEN that the undersigned Successor Trustee or its designated representative will on the 11th day of October, 2013, at the hour of 10:00 a.m. at the second floor entry plaza outside the Pierce County Courthouse, 930 Tacoma Avenue South, Tacoma, Washington, sell at public auction to the highest and best bidder, payable at the time of sale, that real property situated in Pierce County, State of Washington, and legally described to wit: PARCEL A: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 16 NORTH, RANGE 4 EAST, W.M.; THENCE EAST 230 FEET; THENCE NORTH 585 FEET, MORE OR LESS, TO THE SOUTHERLY LINE OF EATONVILLE HIGHWAY; THENCE SOUTHWESTERLY ALONG SAID HIGHWAY TO THE WEST LINE OF SAID SECTION; THENCE SOUTH ALONG SAID SECTION TO THE POINT OF BEGINNING. PARCEL B: PARCEL A OF TOWN OF EATONVILLE RECORD OF SURVEY FOR BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NUMBER 200408255003, BEING A PORTION OF SECTION 15, TOWNSHIP 16 NORTH, RANGE 04 EAST, WILLAMETTE MERIDIAN, PIERCE COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION, BEING THE SOUTHEAST CORNER OF SAID PARCEL A; THENCE NORTH 00 DEGREES 03'42" WEST, 492.52 FEET ALONG THE EAST LINE OF SAID PARCEL A TO THE SOUTHERLY MARGIN OF EATONVILLE HIGHWAY; THENCE SOUTH 66 DEGREES 58'48" WEST, 138.72 FEET ALONG SAID SOUTHERLY MARGIN; THENCE SOUTH 00 DEGREES 03'42" EAST, 195.00 FEET ALONG THE NORTH LINE OF SAID PARCEL A; THENCE NORTH 89 DEGREES 31'11" WEST, 202.62 FEET ALONG SAID NORTH LINE; THENCE NORTH 23 DEGREES 01'12" WEST, 73.76 FEET ALONG SAID NORTH LINE TO A POINT OF TANGENCY; THENCE NORTHERLY ALONG SAID NORTH LINE, BEING THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL ANGLE OF 90 DEGREES 00'00", AND AN ARC LENGTH OF 39.27 FEET TO SAID SOUTHERLY MARGIN; THENCE SOUTH 66 DEGREES 58'48" WEST, 160.37 FEET ALONG SAID SOUTHERLY MARGIN TO THE WESTERNMOST NORTHWEST CORNER OF SAID PARCEL A; THENCE SOUTH 34 DEGREES 35'57" EAST, 29.83 FEET ALONG THE WEST LINE OF SAID PARCEL A; THENCE SOUTH 07 DEGREES 14'08" EAST, 83.26 FEET ALONG SAID WEST LINE; THENCE SOUTH 01 DEGREES 10'23" EAST, 171.93 FEET ALONG SAID WEST LINE TO THE SOUTHWEST CORNER OF SAID PARCEL A; THENCE SOUTH 89 DEGREES 31'11" EAST, 462.89 FEET ALONG THE SOUTH LINE OF SAID PARCEL A TO THE POINT OF BEGINNING. ALL SITUATE IN PEIRCE COUNTY, STATE OF WASHINGTON. together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters; and all other Personal Property described in the Deed of Trust; all of which is subject to that certain Deed of Trust (as reformed, the "Deed of Trust") dated as of July 20, 2007, and recorded July 25, 2007 in the Official Records of Pierce County, Washington under instrument number 200707250546, from Jerry Nybo Construction, Inc., a Washington corporation, as Grantor under said Deed of Trust ("Grantor"), to Westward Financial Services Corporation, as Trustee, to secure an obligation in favor of Horizon Bank, as Beneficiary. The Deed of Trust and the obligation secured thereby were assigned to Washington Federal f/k/a Washington Federal Savings & Loan Association by the Federal Deposit Insurance Corporation receivership of Horizon Bank, as memorialized by an Assignment of Deed of Trust, Mortgages, and Other Loan Documents dated as of March 29, 2010, and recorded March 31, 2010 in the Official Records of Pierce County, Washington under instrument number 201003310181, as reformed pursuant to that certain Order Reforming Deed of Trust and Quieting Title entered May 31, 2013 in the case entitled Washington Federal v. Jerry Nybo Construction, Inc., et al., Pierce County Superior Court Case No. 13-207656-5, and recorded on June 10, 2013 in the Official Records of Pierce County, Washington under instrument number 201306100123. An Appointment of Successor Trustee appointing LPSL Corporate Services, Inc. as Successor Trustee was recorded July 9, 2013, in the Official Records of Pierce County, Washington under instrument number 201307090019. 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 or Grantor's default on the obligation secured by the Deed of Trust. III. The defaults for which this foreclosure is made are as follows: Failure to pay when due the following amounts: Obligations ^Amount Outstanding 1. Unpaid matured principal obligation^$5,418,053.27 2. Unpaid interest through July 8, 2013^$1,010,346.98 In addition to the amounts in arrears specified above, you are or may be obligated to pay the following estimated charges, costs and fees: (a) Title report^$680.00 (b) Attorneys' fees^$6,000.00 (c) Service/Posting/Publishing/ Notices of Default, Sale & Foreclosure^$2,500.00 (d) Postage and copying expenses^$100.00 (e) Recording fees^$100.00 Subtotal:^ $9,380.00 TOTAL:^ $6,437,780.25 IV. The sum owing on the obligation secured by the Deed of Trust and subject to this foreclosure is: the unpaid principal balance of $5,418,053.27, together with interest from October 14, 2011, as provided in the Promissory Note, and such other advances, costs and fees as are due and will come due under the Promissory Note or other instrument, and as provided by statute. V. The above-described real property will be sold to satisfy the expenses of sale and the obligation secured by said Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrance on the 11th day of October, 2013. The sale may be terminated any time before the time of sale on the 11th day of October, 2013 (the sale date) by Borrower, Grantor, Grantor's successor in interest, 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, including, but not limited to, the Promissory Note and/or Deed of Trust, and curing all other defaults. VI. A written Notice of Default was transmitted by the Beneficiary to the Borrower and Grantor at the following addresses: Borrower: Meadows Properties, L.L.C. 2102 E. Main Street, Suite 201 Puyallup, WA 98372 Borrower: Meadows Properties, L.L.C. P.O. Box 1455 Puyallup, WA 98371 Borrower: Meadows Properties, L.L.C. c/o Jerry Nybo, Registered Agent 7420 320th Street E Eatonville, WA 98328 Grantor: Jerry Nybo Construction, Inc. P.O. Box 1455 Puyallup, WA 98371