Re: Magnum 4-A, LLC If you filed bankruptcy or have been discharged in bankruptcy, this communication is not intended as an attempt to collect a debt from you personally, but is notice of enforcement of the deed of trust lien against the secured property. NOTICE OF TRUSTEE'S SALE TO: Magnum 4-ALLC Raymond Tennison, Guarantor Jeffrey Lyon, Guarantor Todd Clarke, Guarantor D. William Fram, Guarantor I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, Karen L. Gibbon, P.S., will on May 4, 2012, at the hour of 10:00 AM, at the Second Floor Entry Plaza Outside the Pierce County Courthouse,930 Tacoma Avenue, 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: (a) Land REAL PROPERTY IN THE CITY OF GRAHAM, COUNTY OF PIERCE, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: PARCEL A: LOTS 7, 8 AND 9 OF GRAHAM TOWN CENTER PHASE II BINDING SITE PLAN ALTERATION, RECORDED JUNE 25, 1997 UNDER RECORDING NO. 9706250300, WHICH SUPERSEDES BINDING SITE PLAN RECORDED JULY 19, 1996 UNDER RECORDING NO. 9607190486, IN PIERCE COUNTY, WASHINGTON. PARCEL B: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DELINEATED ON GRAHAM TOWN CENTER PHASE II BINDING SITE PLAN ALTERATION, RECORDED JUNE 25, 1997 UNDER RECORDING NO. 9706250300, WHICH SUPERSEDES BINDING SITE PLAN RECORDED JULY 19, 1996 UNDER RECORDING NO. 9607190486, INPIERCE COUNTY, WASHINGTON. PARCEL C: A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS, PARKING AND UTILITIES AS CREATED BY INSTRUMENT RECORDED AUGUST 5, 1998 UNDER RECORDING NO. 9808050186, IN PIERCE COUNTY, WASHINGTON . APN #6022200070, 6022200080, 6022200090 TOGETHER WITH ADDITIONAL COLLATERAL DESCRIBED IN THE ATTACHED EXHIBIT A. (commonly known as Graham Town Center, 9807, 9917, 9919 224th Street East, Graham, WA 98338), which is subject to that certain Deed of Trust, dated June 29, 2005, recorded June 29, 2005, under Auditor's File No. 200506290985 records of Pierce County, Washington, from Magnum 4-A, LLC, a Washington Limited Liability Company, as Grantors, to First American Title Company, as Trustee, to secure an obligation in favor of Mortgage Electronic Registration Systems, Inc., as Beneficiary, the beneficial interest in which has been assigned to Wells Fargo Bank, N.A., as Trustee, as sucessor in interest to LaSalle Bank National Association, as Trustee for the Registered Holders of GE Commercial Mortgage Corporation, Commercial Mortgage PassThrough Certificates, Series 2005-C3, under Pierce County Auditor's File No. 201111230213. 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 Borrowers 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: Monthly Payments: 5 monthly payments (9/1/11 1/1/12) Past Due Principal:^$55,013.85 Past Due Interest:^$139,851.23 Past Due Escrow:^$49,736.70 Past Due Reserves:^$1,130.00 Default Interest:^$125,384.33 Accrued Late Charges:^$7,794.60 Legal Fees:^$15,241.03 Special Servicer Fee:^$6,854.65 Protective Advance Inspection:^$1,677.46 Appraisal Fee:^$6,000.00 Phase I:^$2,100.00 Tax Advance:^$6,871.13 TOTAL:^$417,654.98 Default other than failure to make monthly payments: Failure to insure property as required by the Deed of Trust and Loan Agreement IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $6,508,443.99, together with interest as provided in the note or other instrument secured from August 1, 2011 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 May 4, 2012. The defaults referred to in paragraph III must be cured by April 23, 2012 (11 days before the sale) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before April 23, 2012 (11 days before the sale) 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 April 23, 2012 (11 days before the sale date), and 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: Magnum 4-A LLC All At: 1201 Pacific Avenue, Ste. 1400, Tacoma, WA 98402 Jeffrey Lyon, Guarantor And At: 601 Union Street, Ste. 4720, Seattle, WA 98101 Todd Clarke, Guarantor D William Fram, Guarantor Raymond Tennison, Guarantor by both first class and certified mail on December 27, 2011, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on December 21, 2012, with said written Notice of Default and/or the Notice of Default was posted in a conspicuous place(s) 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 any person 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. NOTICE TO GUARANTORS You are hereby notified of the following: (1) The Guarantor may be liable for a deficiency judgment to the extent the sales 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. (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: January 30, 2012. KAREN L. GIBBON, P.S., Successor Trustee By: KAREN L. GIBBON, President LAW OFFICES OF KAREN L. GIBBON, P.S. 3409 MCDOUGALL AVENUE, SUITE 202 EVERETT, WA 98201 (425) 212-3277 April 4, 25
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