Re: Pacific 5000, LLC NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24, ET.SEQ. TO: Pacific 5000, LLC City of Tacoma Humphrey Industries Ltd. George R. Humphrey Occupants I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, Rainier Foreclosure Services, Inc.,will on MAY 27, 2016, , at the hour of 10:00 a.m., outside the 2nd Floor Entry Plaza, County-City 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: PTN of the Southeast quarter of the Northwest Quarter of Section 33-20-3. Full Legal Description is attached as Exhibit A and incorporated herein by reference. EXHIBIT "A" Legal Description That portion of the Northeast quarter of the Southeast quarter of the Northwest quarter of Section 33, Township 20 North, Range 3 East, W.M., in Pierce County, Washington, more particularly described as follows: Commencing at the intersection of the centerline of Pacific Avenue as established with the South line of the Northeast quarter of the Southeast quarter of the Northwest quarter of said Section 33; Thence South 813'07'25" East along the said South line 40.00 feet to the East margin of Pacific Avenue as decreed in Court Cause No, 95488, records of Pierce County, Washington; Thence North 01°23'41" East along said East margin a distance of 264 feet, more or less, to the intersection with the North line of Mal certain tract of land described in Statutory Warranty Deed recorded under recording no. 2311823, records of Pierce County, Washington, at the Point of Beginning; Thence continuing North 01°23'41" East along said East margin a distance of 56.21 feet; Thence South 89°32'56" East a distance of 142.25 feet; Thence South 87°33'02" East a distance of 144.84 feet to the North.South centerline of aforesaid subdivision; Thence South 01°22'19" West along said North-South centerline a distance of 58.30 feel to the said North line of that certain tract of land as described in Statutory Warranty Deed recorded under recording no, 2311823: Thence North 88°07'25" West along said North line a distance of 287.09 feet to the Point of Beginning; (Also being "Proposed Parcel B" of City of Tacoma Boundary Line Adjustment recorded April 21, 1997 under recording number 9704210088). Situate in the City of Tacoma, County of Pierce, State of Washington, (Tax Parcel No. 03-20-33-2-192) the postal addresses of which are more commonly known as: 8425 Pacific Avenue, Tacoma, WA 98444 which is subject to that certain Deed of Trust dated April 29, 2002, recorded on April 30, 2002, under Auditor's File No. 200204301198, records of Pierce County, Washington, from Pacific 5000, LLC, as Grantor, to Chicago Title Insurance Company, as original Trustee, to secure an obligation in favor of Fife Commercial Bank, as original beneficiary. 3320 MLK, LLC, as successor by endorsement from Fife Commercial Bank, is the current holder of the obligation and beneficiary under the deed of trust. 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: Principal Balance: $231,665.81 Unpaid Accrued Interest at Regular Contract Interest Rate thru June 3, 2015: $810.83 Unpaid Accrued Interest at Default Interest Rate from June 3, 2015 to February 23, 2016 (265 days x $115.83): $30,694.95 Default Interest Rate: 18.00% per annum: TOTAL AMOUNT DUE: $263,171.59 Per Diem $115.83 *plus all applicable additional advances, attorney's fees and costs and trustee's fees and costs incurred to the date of sale, Default other than failure to make payments: Delinquent General Taxes for 2013, 2014 and 2015 in the amounts of $6,023.70, $5,130.92 and $4,351.56 respectively, plus applicable interest and penalties. IV. The sum owing on the obligation secured by the Deed of Trust is Principal $231,665.81, 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 MAY 27, 2016. The defaults referred to in paragraph III must be cured before the sale on MAY 27, 2016 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, 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 or Grantor at the following addresses: Pacific 5000, LLC c/o George Humphrey, Registered Agent At: 899 West Main Street Auburn, WA 98002 Humprey Industries, Ltd. Attn: George Humphrey At: 899 West Main Street Auburn, WA 98002 George R. Humphrey Jane Doe Humprey Both At : 899 West Main Street Auburn, WA 98002 Humphrey Industries, Ltd. Attn: George Humphrey At:P.O. Box 19252 Seattle, WA 98109 Pacific 5000, LLC Attn: Humphrey Industries, Ltd. At: P.O. Box 19252 Seattle, WA 98109 George R. Humphrey Jane Doe Humphrey At: P.O. Box 19252 Seattle, WA 98109 by both first class and certified mail on January 12, 2016, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on January 13, 2016, 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 Grantors under the deed of trust (the owners) 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 February 23, 2016. 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 IDX-694262 April 27, May 18