Re: Meken Construction NOTICE OF TRUSTEE'S SALE PURSUANT TO RCW 61.24, ET. SEQ. To: See Exhibit "A" I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on January 29th 2016, at the hour of 10:00 A.M. at the Pierce County Courthouse, 2nd Floor Entry Plaza, or such other place asmay be designated for that purpose, 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 Tacoma, State of Washington, to-wit: LOTS 17-28, BLOCK 65, SOUTHEAST TACOMA, V.2,9.58 Tax Parcel No. 7745002903 the postal address of which is more commonly known as: 10015 19TH AVE E., TACOMA, WA 98445 Which is subject to that Certain Deed of Trust June 26th 2013, recorded June 26th 2013, under Auditor's File Number 201306260482, records of Pierce County, Washington, from Meken Construction, LLC as Grantors, to FIRST AMERICAN TITLE INSURANCE COMPANY, as Trustee, to secure an obligation in favor of Daniel L. Allison, Trustee of The Allison Family Irrevocable Trust, u/t/a, dated June 14th 1994, as Beneficiary. ADAM BIRNBAUM was appointed Successor Trustee under instrument recorded under Auditor's Number 201510230657 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 Borrower's or the 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: 1 monthly payments at $3,500.00 each: (02/01/15) Partial Balance Remaining $1,250.00 Monthly Payments: 8 monthly payments at $3,500.00 each: (03/01/15 through 10/01/15) $28,000.00 Late Charges: 8 late charges of $275.00 for each monthly payment not made within 15 days of due date:$2,200.00 TOTAL MONTHLY PAYMENTS AND LATE CHARGES: $ 31,450.00 Default other than failure to make monthly payments: 2014 Property Taxes: $9,444.41 1st half 2015 Property Taxes: $4,206.59 IV. The sum owing on the obligation secured by the Deed of Trust is; Principal: $271,234.55, together with interest as provided in the Note or other instrument secured from June 26th 2013, and such other costs and fees as are due under the Note or other instrument secured, as 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 January 29th 2016. The default(s) referred to in Paragraph III must be cured by January 18th 2016 (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 January 18th 2016, (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 January 18th 2016, (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 address(es): NAME & ADDRESS Meken Construction, LLC 10015 19th Avenue E. Tacoma, WA 98445 Meken Construction LLC. PO Box 41 Port Orchard, WA 98366 by both first class and certified mail on August 1st, 2015, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on July 31st 2015, 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 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. DATED this 23 day of October, 2015 /s/ADAM BIRNBAUM, Trustee 112 WEST MEEKER PUYALLUP, WA 98371 STATE OF WASHINGTON ): ss. COUNTY OF PIERCE) On this day personally appeared before me ADAM BIRNBAUM, to me known to be the individual described herein and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes herein mentioned. GIVEN UNDER MY HAND AND SEAL this 23RD of October, 2015 Crystal M Cruz NOTARY PUBLIC in and for the State of Washington, residing at Puyallup. My commission expires: 12/19/14 SPECIAL NOTICE TO GUARANTORS If any of the parties receiving this notice are guarantors of the obligations referenced above, each such guarantor (individually and collectively, "Guarantor") is hereby notified that (i) Guarantor 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; (ii) 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 any trustee's sale; (iii) Guarantor will have no right to redeem the property after the trustee's sale; (iv) subject to such longer periods as are provided I 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 obligations referenced above; and (iv) in any action for a deficiency, 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 this 23rd day of October, 2015. The Birnbaum Law Offices By: /s/Adam Birnbaum On Behalf of Beneficiary 112 West Meeker Puyallup, WA 98371 (253) 864-6540 Exhibit "A" Meken Construction, LLC 10015 19th Avenue E. Tacoma, WA 98445 All Occupants 10015 19th Avenue E. Tacoma, WA 98445 Meken Construction LLC. PO Box 41 Port Orchard, WA 98366 Associated Petroleum Products, Inc. C/O Frank Pupo, Jr. 2320 Milwaukee Way Tacoma, WA 98421 AND TO: Associated Petroleum Products, Inc. PO Box 1397 Tacoma, WA 98401 State of Washington Department of Revenue Compliance Administration Olympia, WA 98501-1267 RE: Pierce County Superior Court Case No. 14-9-95424-8 Warrant No. 188786A AND RE: Pierce County Superior Case No. 14-9-95538-4 Warrant No. 189194A AND RE: Pierce County Superior Case No. 14-9-90277-7 Warrant No. 190341A Exhibit "B" Parcel A: Lots 17 to 28, inclusive, Block 65, SOUTHEAST TACOMA, according to Plat recorded in Volume 2 of Plats, Page 58, in Pierce County, Washington. TOGETHER with the vacated West 10 feet of Tyler Street abutting upon said Lots 23 to 28, inclusive, as vacated by order of Pierce County Commissioners dated October 08, 1921 and filed in Volume 38 of Commissioners Records at Page 185. TOGETHER with the vacated North 10 feet of South 2nd Street (101st Street), abutting upon said Lots
22 and 23 and the West 10 feet of Tyler Street, as vacated by Resolution No. 3617 of Pierce County Commissioners dated May 22, 1950 and recorded under Auditor's Fee No. 1559331. ALSO TOGETHER with that portion of Harrison Street adjoining Lots 23 to 28, inclusive, Block 64 and adjoining Lots 17 to 22, inclusive, Block 65, SOUTHEAST TACOMA, according to Plat recorded in Volume 2 of Plats, Page 58, in Pierce County, Washington, as was quitted under Pierce County Cause Nos. 260808 and 85-2-05271-0. AND ALSO TOGETHER with the North half of South 2nd Street (101st Street) adjoining Lots 22 and 23 in Block 64 and Lots 22 and 23 in Block 65 of SOUTHEAST TACOMA, according to Plat recorded in Volume 2 of Plats, Page 58, in Pierce County, Washington, as was quitted under Pierce County Cause Nos. 260808 and 85-2-05271-0. Except that portion of South 2nd Street vacated by Resolution No. 3617 dated May 22, 1950, according to Plat recorded under Auditor's Fee No. 1559331. AND ALSO TOGETHER with that portion of the West half of Tyler Street (20th Ave E) adjoining Lots 23 through 28, inclusive, to the centerline of South 2nd Street (101st Street) in Block 65 of SOUTHEAST TACOMA, according to Plat recorded in Volume 2 of Plats, Page 58, in Pierce County, Washington, except that portion of Tyler Street abutting upon said Lots 23 to 28, inclusive, as vacated by order of Pierce County Commissioners dated October 08, 1921 and filed in Volume 38 of Commissioners Records at Page 185, as was quitted under Pierce County Cause No. 07-2-14563-5 and recorded under Auditor's Fee No. 200807290929. Parcel B: A non-exclusive easement for ingress and egress over the West 250 feet of the South half of South 2nd Street (101st Street) adjoining the North line of Block 72, Southeast Tacoma, according to Plat thereof recorded in Volume 2 of Plats, Page 58, except that portion of South Second Street as vacated by Resolution No. 3617 of Pierce County Commissioners dated May 22, 1950 and recorded under Auditor's File No. 1559331, and that portion of the South half of vacated South 2nd Street (101st Street) adjoining Harrison Street as granted under Pierce County Cause No. 85-2-05271-0. Situate in the County of Pierce, State of Washington. IDX-669816 December 30, January 19