Re: Linden Park, LLC TO: Linden Park, L.L.C., Jerry Nybo, Registered Agent, 410 Madison Ave N, Suite 2, Eatonville, WA 98328; Linden Park, L.L.C., d/b/a Linden Park Heated Storage, 2102 E Main, Suite 106, Puyallup, WA 98372; Linden Park, L.L.C., d/b/a Linden Park Heated Storage, PO Box 427, Eatonville WA 98328; Susan E Nybo, Guarantor, 7420 320th St East, Eatonville WA 98328; Jerry L Nybo, Guarantor, 7420 320th St East, Eatonville WA 98328; D. Michael Dunne, 25502 74th Ave S, Kent WA 98032; Lighthouse Electrical Group, LP, c/o Anthony C. Johnson, 1700 7th Ave, Ste 2210, Seattle WA 98101; Revitalization Partners, LLC, c/o Charles R. Ekberg & Heidi C. Anderson, Lane Powell, PC, 1420 Fifth Ave, Ste 4100, Seattle WA 98101; Revitalization Partners, LLC c/o Alan Davis, 2815 Eastlake Ave E, Ste 300, Seattle WA 98102; Lighthouse Electrical Group, LP, 2033 6th Ave #236, Seattle WA 98121; Internal Revenue Service, 915 2nd Ave, Stop W243, Seattle WA 98174; Dept of Revenue, Compliance Section, 20819 72nd Ave S, #680, Kent WA 98032; First Savings Bank Northwest, Beneficiary, 201 Wells Ave S, Renton WA 98057; Stephen Freeborn, Trustee; See attached list for additional addresses NOTICE OF TRUSTEE'S SALE Pursuant to the Revised Code of Washington, Chapter 61.24 RCW I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 17th day of May, 2013 at the hour of 10:00 o'clock AM. at the second floor entry plaza, 930 Tacoma Avenue S, 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 describe real property, situated in the County of Pierce, State of Washington, legally described as follows, to-wit: UNITS 2 THROUGH 12, LINDEN PARK, A CONDOMINIUM, ACCORDING TO THE DECLARATION THEREOF RECORDED UNDER RECORDING NUMBER 200709190816, WHICH IS A RE-RECORD OF 200708030269, AND ANY AMENDMENTS THERETO; SAID UNITS ARE LOCATED ON SURVEY MAP AND SET OF PLANS RECORDED UNDER RECORDING NO. 200805085001, RECORDS OF PIERCE COUNTY, WASHINGTON. Tax account numbers: 9007820020, 900782-0030, 9007820040, 900782-0050, 9007820060, 900782-0070, 9007820080, 900782-0090, 9007820100, 900782-0110 and 9007820120 Which is subject to that certain Deed of Trust dated the 2nd day of June 2008, recorded on the 9th day of June, 2008, under Auditor's File No. 200806090413, records of Pierce County, Washington, from Linden Park, LLC, a Washington Limited Liability Company, as Grantor, to First Financial Diversified Corporation, as Trustee, to secure an obligation in favor of First Savings Bank Northwest, as Beneficiary, the beneficial interest in which was assigned by N/A, under an Assignment recorded under Auditor's File No. N/A. 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: Monthly payments in the amount of $103,440.48 Late fees in the amount of $17,240.00 Failure to pay property taxes for 2010, 2011 & 2012 on parcels: 900782-0020; 900782-0030; 900782-0040; 900782-0050; 900782-0060; 900782-0070; 900782-0080; 900782-0090; 900782-0100; 900782-0110 and 900782-0120 Reserve balance due to First Savings Bank Northwest in the amount of $60,819.79 Failure to provide proof of compliance with terms and conditions of Deed of Trust in favor of D. Michael Dunne Failure to provide proof of satisfaction of judgment No. 12-9-06002-0 in favor of Lighthouse Electrical Group LP IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $2,652,135.66, together with interest as provided in the note or other instrument secured from the 2nd day of June, 2008, 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 the Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on the 17th day of May, 2013. The default(s) referred to in paragraph III must be cured by the 6th day of May, 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 on or before the 6th day of May, 2013 (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 any time after the 6th day of May, 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 addresses: Linden Park, L.L.C. Jerry Nybo, Registered Agent 410 Madison Ave N Suite 2 Eatonville, WA 98328 Linden Park, L.L.C. d/b/a Linden Park Heated Storage 2102 E Main, Suite 106 Puyallup WA 98372 Linden Park, L.L.C. d/b/a Linden Park Heated Storage PO Box 427 Eatonville WA 98328 Susan E Nybo, Guarantor 7420 320th St East Eatonville WA 98328 Jerry L Nybo, Guarantor 7420 320th St East Eatonville WA 98328 See attached for additional addresses by both first class and certified mail on the 2nd day of January, 2013, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on the 3rd day of January, 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 1 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 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 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. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 DAYS from the recording date on this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help. SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline recommended by the Housing Finance Commission: Toll-free: 1-877-894-HOME (1-877894-4663) h
ttp://www.dfi.wa.gov/ consumers/homeownership/ post_purchase_ counselors_foreclosure.htm United States Department of Housing and Urban Development: Toll-free: 1-800-569-4287 Local counseling agencies in Washington: http://www.hud.gov/ offices/hsg/sfh/hcc/fc/index.cfm ?webListAction=search&searchstate =WA&filterSvc=dfc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Toll-free: 1-800-606-4819 http://nwjustice.org/what-clear Dated this 12 day of February, 2013. /s/Stephen Freeborn, Trustee The Stephens Law Firm 300 North Meridian Puyallup WA 98371 253-863-2525 State of Washington)ss County of Pierce) On this 12th day of February, 2013, before me, the undersigned notary public in and for the State of Washington, duly commissioned and sworn personally appeared Stephen Freeborn, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act and deed for the uses and purposes therein mentioned. Witness my hand and official seal hereto affixed the day and year first above written. /s/Symone Kittelson-Fisher Notary Public in and for the State of Washington, residing in: Puyallup Commission expires: 9/25/15 Printed name of notary: Symone M. Kittelson-Fisher EXHIBIT AADDITIONAL ADDRESSES Susan E Nybo, Guarantor, PO Box 427, Eatonville WA 98328; Jerry L Nybo, Guarantor, PO Box 427, Eatonville WA 98328; Current Occupant, Bare Necessities Tanning Salon & Day Spa, 2102 E Main, Suite 101, Puyallup WA 98372; Current Occupant, The Quilt Barn, Inc., 2102 E Main, Suite 102, Puyallup WA 98372 Current Occupant, 2102 E Main, Suite 104, Puyallup WA 98372 Woodmont Beach Properties, LLC, 2102 E Main, Suite 104, Puyallup WA 98372 Sky World, Corp, d/b/a Babykiz, 2102 E Main, Suite 104, Puyallup WA 98372 View Property Associates III, LLC, 2102 E Main, Suite 104, Puyallup WA 98372 Summit Real Properties, LLC, d/b/a Summit Properties Construction, Inc., 2102 E Main, Suite 104, Puyallup WA 98372 BTH LLC, 2102 E Main, Suite 104, Puyallup WA 98372 Current Occupant, 2102 E Main, Suite 105, Puyallup WA 98372 Current Occupant, 2102 E Main, Suite 106A, Puyallup WA 98372 Linden Park, LLC d/b/a Linden Park Heated Storage, PO Box 427, Eatonville WA 98328 Current Occupant, 2102 E Main, Suite 106B, Puyallup WA 98372 Wanna Cupcake? Enterprises, LLC, 12116 182nd Ave E, Bonney Lake WA 98931 L & J Reynolds LLC, d/b/a Sandwiches and Salands by Joeseppi's, 2102 E Main, Suite 106, Puyallup WA 98372 Current Occupant, 2102 E Main, Suite 107, Puyallup WA 98372 Current Occupant, 2102 E Main, Suite 108, Puyallup WA 98372 Current Occupant, 2102 E Main, Suite 109, Puyallup WA 98372 Current Occupant, 2102 E Main, Suite 110, Puyallup WA 98372 Reynolds Insurance and Financial Services, 2102 E Main, Suite 202, Puyallup WA 98372 BNR Construction LLC, PO Box 1559, Auburn WA 98071 BNR Snoridge LLC, PO Box 1559, Auburn WA 98071 BNR Emerald LLC, PO Box 1559, Auburn WA 98071 DNP Development LLC, PO Box 1559, Auburn WA 98071 Current Occupant, 2102 E Main, Suite 201, Puyallup WA 98372 Current Occupant, 2102 E Main, Suite 202, Puyallup WA 98372 Current Occupant, 2102 E Main, Suite 203, Puyallup WA 98372 Current Occupant, 2102 E Main, Suite 204, Puyallup WA 98372 April 18, May 9