Re: REILLY ENTERPRISES, LLC NOTICE OF TRUSTEE'S SALE Pursuant to the Revised Code of Washington Chapter 61.24, et seq. T.S. No: L543290 WA Unit Code: L Loan No: REILLY ENT AP #1: 0319032005 I NOTICE IS HEREBY GIVEN THAT the undersigned trustee, T.D. SERVICE COMPANY OF WASHINGTON, 4000 W. Metropolitan Drive, Suite 400, Orange, CA 92868, will on DECEMBER 20, 2013 at the hour of 10:00 A.M. 2ND FLOOR ENTRY PLAZA OUTSIDE TO THE PIERCE COUNTY COURTHOUSE 930 TACOMA AVENUE SOUTH, TACOMA, State of WASHINGTON, sell at public auction to the highest and best bidder, payable at the time of the sale, the following described real property, situated in the County of PIERCE, State of WASHINGTON, to Wit: BEGINNING AT A POINT ON THE WEST LINE OF E. MEEKER DONATION LAND CLAIM NO. 39 AT A POINT 3032.02 FEET SOUTH OF THE NORTHWEST CORNER OF SAID DONATION LAND CLAIM IN SECTION 3, TOWNSHIP 19 NORTH, RANGE 3EAST OF THE W.M., IN PIERCE COUNTY, WASHINGTON: THENCE EAST 280 FEET, MORE OR LESS, TO THE RIGHT OF WAY OF TACOMA RAILWAY AND POWER COMPANY: THENCE IN A NORTHWESTERLY DIRECTION ALONG SAID RIGHT OF WAY 320 FEET, MORE OR LESS, TO THE INTERSECTION OF THE LINE OF SAID RIGHT OF WAY WITH THE WEST LINE OF SAID DONATION LAND CLAIM; THENCE ALONG THE WEST LINE OF SAID DONATION LAND CLAIM, 170 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPT THE WEST 30 FEET THEREOF FOR GOLDEN GIVEN ROAD EAST (CORELL STREET). TOGETHER WITH VACATED PORTION OF 97TH STREET EAST VACATED BY PIERCE COUNTY RESOLUTION NO. 9835. SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON. PERSONAL PROPERTY EXHIBIT DESCRIPTION OF COLLATERAL All of Grantor's right, title and interest, now owned or hereafter acquired, in and to the following property and rights as described in the Deed of Trust: SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of TRUST Security Agreement This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security Interest upon default, Grantor shall not remove, sever or detach the Personal Property from the Property Upon default, Grantor shall assemble any Personal Property not affixed to The Property in a manner and at a place reasonably convenient to Grantor and Lander and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law Addresses The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Dead of Trust may be Obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor. and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of a all substitutions for, any of such property, and together with all issues and profits thereon and proceeds (including without limitation all insurance proceeds and refunds of premiums; from any sale or other disposition of the Property Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property The words "Real Property mean the real property, interests and rights, as further described in this Deed of Trust The street or other common designation if any, of the real property described above is purported to be: 9621 GOLDEN GIVEN RD E, TACOMA, WA 98445 The undersigned Trustee disclaims any liability for any incorrectness of the above street or other common designation. which is subject to that certain Deed of Trust dated August 14, 2007, recorded August 17, 2007, under Auditor's File No. 200708171069 in Book –Page -, records of PIERCE County, WASHINGTON, from REILLY ENTERPRISES, LLC as Grantor, to FIDELITY NATIONAL TITLE as Trustee, to secure an obligation in favor of KEYBANK NATIONAL ASSOCIATION as Beneficiary. AND ASSIGNMENT OF RENT(S) DATED 08/ 14/07, AND SAID DEED OF TRUST CONTAINS A SECURITY AGREEMENT OF EVEN DATE, COMMERICAL GUARANTY(S) DATED 8/14/07 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: 1 PYMT DUE 08/ 01/12 @ 1,844.09 $1,844.09 13 PYMTS FROM 09/01/12 TO 09/01/ 13 @ 1,388.51 $18,050.63 TOTAL LATE CHARGES $925.24 PLUS ATTORNEY'S FEE/COSTS IN THE AMOUNT OF $3,100 $3,100.00 Subtotal of amounts in arrears: $23,919.96 As to the defaults which do not involve payment of money to the Beneficiary of your Deed of Trust, you must cure each such default. Listed below are the defaults which do not involve payment of money to the Beneficiary of your Deed of Trust. Opposite each such listed default is a brief description of the action necessary to cure the default and a description of the documentation necessary to show that the default has been cured. Delinquent Real Estate Taxes Deliver to Trustee or Beneficiary written proof that all taxes and assessments against the property are current. IV The sum owing on the obligation secured by the Deed of Trust is principal $181,723.51 together with interest as provided in the note or other instrument secured from 08/14/12, 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 the 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 12/20/13. The default(s) referred to in paragraph III must be cured by 12/ 09/13, (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 12/09/13, (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 12/ 09/13, (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: REILLY ENTERPRISES LLC 9621 GOLDEN GIVEN RD E TACOMA, WA 98445 REILLY ENTERPRISES LLC DAVID REILLY, REGISTERED AGENT 9621 GOLDEN GIVEN RD E TACOMA, WA 98445 DAVID P. REILLY 3117 GREENWOOD AVENUE WEST UNIVERSITY PLACE, WA 98466-3312 MIDTOWN DELI AND ESPRESSO LLC 9621 GOLDEN GIVEN RD E TACOMA, WA 98445 MIDTOWN DELI AND ESPRESSO LLC C/O BENDICH, STOBAUGH & STRONG PC 901 FIFTH AVENUE, SUITE 3800 SEATTLE, WA 98164 REILLY ENTERPRISES LLC 3117 GREENWOOD AVENUE WEST TACOMA, WA 98466-3312 REILLY ENTERPRISES LLC 3117 GREENWOOD AVENUE WEST UNIVERSITY PL
ACE, WA 98466-3312 KATHLEEN I. REILLY 3117 GREENWOOD AVENUE WEST UNIVERSITY PLACE, WA 98466-3312 MIDTOWN DELI AND ESPRESSO LLC DAVID REILLY, REGISTERED AGENT 3117 GREENWOOD AVE W UNIVERSITY PLACE, WA 98466 MONA GACUTAN 600 STEWART STREET, SUITE 720 SEATTLE, WA 98101 REILLY ENTERPRISES LLC KATHLEEN I. REILLY 9621 GOLDEN GIVEN RD E TACOMA, WA 98445 MIDTOWN DELI & ESPRESSO LLC KATHLEEN I. REILLY 3117 GREENWOOD AVE W UNIVERSITY PLACE, WA 98466 EVERGREEN COMMUNITY DEVELOPMENT ASSOCIATION 900 FOURTH AVENUE SUITE 2900 SEATTLE, WA 98164 by both first class and certified mail on March 8, 2013, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on March 14, 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 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. 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 NOTICE TO GUARANTORS 1. If you are a guarantor of the obligations secured by the deed of trust, you 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. You have 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. You 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 other deed of trust granted to secure the same debt. 5. In any action for a deficiency, you 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 your 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. Notice and other personal service may be served on the Trustee at: T.D. SERVICE COMPANY OF WASHINGTON 11320 Roosevelt Way N.E. Seattle, WA 98125-6228 (800) 843-0260 (206) 859-6989 DATED: September 18, 2013 T.D. SERVICE COMPANY OF WASHINGTON, SUCCESSOR TRUSTEE By CRYSTAL ESPINOZA, ASSISTANT SECRETARY 4000 W. Metropolitan Drive Suite 400 Orange, CA 92868 (800) 843-0260 (206) 859-6989 If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If available , the expected opening bid and/or postponement information may be obtained by calling the following telephone number(s) on the day before the sale: (714) 480-5690 or you may access sales information at TAC# 966617 PUB: 11/15/13, 12/ 06/13