Re: Path Enterprises NOTICE OF TRUSTEE'S SALE Issued Pursuant to

Re: Path Enterprises NOTICE OF TRUSTEE'S SALE Issued Pursuant to RCW 61.24.040 I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on September 20, 2013, at the hour of 10:00 a.m. at the second floor entrance to the Pierce County Courthouse located at 930 Tacoma Avenue S, Tacoma, Washington, 98402, 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: LOT 1, AS SHOWN ON SHORT PLAT NO. 9603080472, FILED WITH THE PIERCE COUNTY AUDITOR IN PIERCE COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON. the postal address of which is more commonly known as xxx 42nd Street NW, Gig Harbor, WA 98335, which is subject to that certain Deed of Trust dated May 30, 2007, and recorded on June 8, 2007, with the Pierce County Auditor under Recording No. 200706081359, records of Pierce County (referred to herein as "Deed of Trust"), from Path Enterprises, LLC, as Grantor, to UPF Incorporated, as Trustee, to secure an obligation in favor of Sunwest Bank, assignee from the FDIC as receiver for Westside Community 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: a. Failure to pay the following past due amounts which are in arrears: 1) Payment due in full on November 30, 2011:^$487,009.74 2) Interest as of June 13, 2013: (per diem of $120.0845)^$73,085.70 3) Late fees:^$25,919.68 4) Other charges:^$0.00 TOTAL PAST DUE PAYMENTS:^$586,015.12 b. Defaults other than failure to make payments: N/A IV. The sum owing on the obligation secured by the Deed of Trust is: Principal of $487,009.74 together with interest as provided in the Note or other instrument secured from October 30, 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 the Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession or encumbrances on September 20, 2013. The defaults referred to in Paragraph III must be cured by September 9, 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 before September 9, 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 by the Grantor any time after September 9, 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 principal and interest secured by the Deed of Trust, plus costs, interest, late charges, fees and advances, if any, made pursuant to the terms of the obligations 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, Grantor, and/or Guarantor at the following addresses by both first class and certified mail, on April 10, 2013, proof of which is in the possession of the Trustee: New Homes, LLC 1602 West Valley Hwy S Auburn, WA 98001 Path Enterprises, LLC 4303 Reid Drive NW Gig Harbor, WA 98335 Susan T. White 23206 SE 448th Street Enumclaw, WA 98022 New Homes, LLC P.O. Box 670 Sumner, WA 98390 Scott F. Haas 4303 Reid Drive NW Gig Harbor, WA 98335 David R. White 23206 SE 448th Street Enumclaw, WA 98022 Patricia A. Haas 4303 Reid Drive NW Gig Harbor, WA 9833 and by both first class and certified mail on April 29, 2013, to the following: Edmund J. Wood Wood & Jones, P.S. In re White, Case No. 12-12836 303 N. 67th Street Seattle, WA 98103 Brian L. Budsberg Budsberg Law Group In re Haas, Case No. 12-42594 1115 West Bay Dr. Ste. 201 P. O. Box 1489 Olympia, WA 98507 The written Notice of Default was also posted in a conspicuous place on the real property described in Paragraph I above on April 15, 2013. The Trustee has in Trustee's possession proof of such service/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 Grantors and all those who hold by, through or under Grantors, 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 AND NON-RESIDENTIAL tenants. After the 20th day following the sale the purchaser has the right to evict occupants AND NONRESIDENTIAL tenants by summary proceedings under chapter 59.12 RCW. For RESIDENTIAL tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. RESIDENTIAL TENANT-OCCUPIED PROPERTY MEANS PROPERTY COMPRISED SOLELY OF A SINGLE-FAMILY RESIDENCE, OR A CONDOMINIUM, COOPERATIVE, OR OTHER DWELLING UNIT IN A MULTIPLEX OR OTHER BUILDING CONTAINING FEWER THAN FIVE RESIDENTIAL UNITS. XI. Notice to Guarantors If this Notice is being mailed or directed to any Guarantor, said Guarantor should be advised that: (1) the 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; (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; and (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. XII. Owner-Occupied Residential Property Notice 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 for assistance and referral to housing counselors recommended by the Housing Finance Commission: Toll-free telephone: 1-877-894-HOME (1-877-894-4663) Website: homeownership/ post_purchase_counselors_foreclosure.htm The United States Department of Hous
ing and Urban Development: Toll-free telephone: 1-800-569-4287 Website: 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 Website: DATED this 13th day of June 2013. EISENHOWER & CARLSON, PLLC Successor Trustee By: /s/ Terrence J. Donahue Terrence J. Donahue, Member Address: 1201 Pacific Avenue, Suite 1200 Tacoma, WA 98402 (253) 572-4500 August 21, September 10