Re: Kim, Ki Chul & Yoo Sook NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24, ET.SEQ. TO: Pinnacle-Steilacoom Boulevard, LLC Elliott Bay Assets Solutions, LLC, General Receiver Yoo Sook Kim, dba Kim Orthopedic Lab I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, Rainier Foreclosure Services, Inc., will on MARCH 13, 2015, at the hour of 10:00 a.m., outside the 2nd Floor Entry Plaza, CountyCity Building, 930 Tacoma Avenue S., Tacoma, WA 98402, 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: LOTS 4, 5 AND 6, BLOCK 4, BOULEVARD TERRACE, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 16 OF PLATS, PAGE 70, RECORDS OF PIERCE COUNTY AUDITOR. EXCEPT THE EAST 70 FEET OF SAID LOT 4 AS MEASURED ALONG THE NORTH LINE OF SAID LOT 4. SITUATE IN THE CITY OF LAKEWOOD, COUNTY OF PIERCE, STATE OF WASHINGTON. (Tax Parcel No. 257000-014-2; 257000015-0; 257000-016-0) the postal addresses of which are more commonly known as: 8509 Steilacoom Blvd., SW, Lakewood, WA 98498 which is subject to that certain Deed of Trust dated July 17, 2008 and recorded on July 25, 2008, under Auditor's File No. 200807250322, records of Pierce County, Washington, from Ki Chul Kim and Yoo Sook Kim, husband and wife, as Grantors, to Chicago Title Insurance Company, as original trustee, to secure an obligation in favor of Cathay Bank, as 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: Failure to pay when due the following amounts which are now in arrears: PROMISSORY NOTE DUE IN FULL: Maturity Date: November 1, 2013: Principal Balance:^$760,132.19 Unpaid Accrued Interest thru December 9, 2014:^ $63,682.18 Per Diem $137.25 Default Interest from October 1, 2013 to December 9, 2014:^$45,924.65 Per Diem $105.57 Late Charges:^ $286.07 Appraisal Fee:^ $2,500.00 Legal Fee Advances:^$12,584.18 TOTAL AMOUNT DUE:^$885,109.27* *plus all applicable additional advances, attorney's fees and costs and trustee's fees and costs incurred to the date of sale, less any funds disbursed to beneficiary Cathay Bank by the general receiver, Elliott Bay Assets Solutions, LLC. Default other than failure to make payments: Conveyance of the Property from Grantors to Pinnacle-Steilacoom Boulevard, LLC IV. The sum owing on the obligation secured by the Deed of Trust is $760,132.19 in principal, together with interest as provided in the note or other instrument secured 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 said Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on MARCH 13, 2015. The defaults referred to in paragraph III must be cured before the sale on MARCH 13, 2015 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 are cured and the Trustee's fees and costs are paid. The sale may be terminated any time before the sale, by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance paying the principal and interest 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 or Grantor at the following addresses: Pinnacle-Steilacoom Boulevard, LLC c/o Yoo Sook Kim, Member At: 8509 Steilacoom Blvd SW Tacoma, WA 98408 Yoo Sook Kim At: 8007 57th Street West University Place, WA 98467 Yoo Sook Kim Personal Representative of the Estate of Ki Chul Kim At: 8007 57th Street West University Place, WA 98467 John Doe Kim At: 8007 57th Street West University Place, WA 98467 Pinnacle-Steilacoom Boulevard, LLC c/o Yoo Sook Kim At: 8007 57th Street West University Place, WA 98467 by both first class and certified mail on April 3, 2014, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on April 4, 2014, with said written Notice of Default or the Notice of Default was posted in a conspicuous place on the real property described in paragraph I above, and the Trustee has in his possession proof of such service or 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 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 this 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 R.C.W. 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 GUARANTORS: Any guarantor of the obligation secured by the deed of trust 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. All guarantors have the same rights to reinstate the debt, cure the default or repay the debt as is given to the Grantor and Borrower in order to avoid the trustee's sale. Any guarantor will have no right to redeem the property after the trustee's sale. 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. In any action for a deficiency, a 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 the guarantor's 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 interests and costs. XI. 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. DATED: December 9, 2014 RAINIER FORECLOSURE SERVICES, INC., Successor Trustee By: THOMAS S. LINDE, Vice President Rainier Foreclosure Services, Inc. c/o SCHWEET LINDE & COULSON, PLLC 575 S. Michigan Street Seattle, WA 98108 (206) 275-1010 February 11, March 4