Re: Village Construction and Development, LLC File No. 2722.002 DOCUMENT TITLE: Notice of Trustee's Sale REFERENCE NUMBER(S): Deed of Trust Recording No. 201308050707 GRANTOR: (TRUSTEE) Ordal Trustee Services, Inc. GRANTEE: (DEBTOR) Village Construction and Development, LLC BENEFICIARY: Steven R. Boothe and Patricia A. Boothe LEGAL DESCRIPTION: An undivided 51% interest in: Parcel A: Parcels 16 through 29, inclusive, record of Survey recorded June 3, 2003 under Recording No. 200306035005, records of Pierce County Auditor. Parcel B: Parcel B, record of Survey recorded May 5, 2006 under recording number 200605055003, records of Pierce County Auditor. Parcel C: An easement for ingress and egress as created by the document recorded June 12, 2007 under Recording No. 200706120708, records of Pierce County Auditor. Situate in the County of Pierce, State of Washington. ASSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER 06-19-29-1-002 06-19-29-1-003 0619-29-1-004 06-19-29-1-005 06-19-29-1-006 0619-29-1-007 06-19-29-1-008 06-19-29-1-009 0619-29-4-002 06-19-29-4-003 06-19-29-4-004 0619-29-4-005 06-19-29-4-006 06-19-29-4-007 0619-29-4-008 NOTICE OF TRUSTEE'S SALE Pursuant to the Revised Code of Washington Chapter 61.24, et seq. 1. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 29th day of May 2015, at the hour of 9:30 a.m., at the Second Floor Entry Plaza outside the Pierce County Courthouse, 930 Tacoma Avenue South, in the City of Tacoma, 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: An undivided 51% interest in: Parcel A: Parcels 16 through 29, inclusive, record of Survey recorded June 3, 2003 under Recording No. 200306035005, records of Pierce County Auditor. Parcel B: Parcel B, record of Survey recorded May 5, 2006 under recording number 200605055003, records of Pierce County Auditor. Parcel C: An easement for ingress and egress as created by the document recorded June 12, 2007 under Recording No. 200706120708, records of Pierce County Auditor. Situate in the County of Pierce, State of Washington. (commonly known as: 16600 AP Tubbs Road, Wilkeson, WA) which is subject to that certain Deed of Trust dated 31 July 2013, recorded on 5 August 2013, under Pierce County Auditor's No. 201308050707, records of Pierce County, Washington, from Village Construction and Development, LLC, as Grantor, to Chicago Title Insurance Company as Trustee, to secure an obligation in favor of Steven R. Boothe and Patricia A. Boothe, as Beneficiaries. Ordal Trustee Services, Inc. was appointed Successor Trustee under an Appointment of Successor Trustee, recorded on 6 January 2015 under Pierce County Auditor No. 201501060600. 2. 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. 3. The defaults for which this foreclosure is made are as follows: Failure to pay when due the following amounts which are now in arrears: Principal balance due on 1 September 2013^$853,216.51 Unpaid late charges @ 5% of payment Due 1 September 2013^$42,660.83 Accrued unpaid interest @ 7% from 31 July 2013 to 1 September 2013^$5,236.18 Default interest at 18% 1 September 2013 14 February 2015^$223,005.08 2014 property taxes paid^$3,455.97 Less 4 payments (September, October, November, December 2014) paid into Court registry^($19,914.92) TOTAL:^$1,107,659.65 4. The sum currently owing on the obligation secured by the Deed of Trust is: principal of $853,216.51, together with interest as provided in the note or other instrument secured, from the 31st day of July 2013, applicable late charges and advances, and such other costs and fees as are due under the note or other instrument secured, and as are provided by statute. 5. 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 the 29th day of May 2015. The default referred to in Paragraph 3 must be cured by the time of the auction sale to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before the time of the auction sale the default as set forth in Paragraph 3, together with any subsequent payments, late charges and advances, is cured, and the Trustee's fees and costs are paid. The sale may be terminated any time up to the time of the auction sale by the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance by 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. 6. A written Notice of Default was transmitted by the Trustee or Beneficiary to the Borrower and Grantor at the following addresses: Village Construction and Development, LLC P.O. Box 7843 Covington, WA 98042 Village Construction and Development, LLC 10015 19th Ave. E. Tacoma, WA 98445 Village Construction and Development, LLC c/o Ken Hough 10427 Cedar Lake Road S.E. Olympia, WA 98501 Village Construction and Development, LLC c/o Darryl Tollett, R.A. 19321 S.E. Covington Sawyer Road Covington, WA 98042 Village Construction and Development, LLC c/o Guy William Beckett Berry & Beckett 1708 Bellevue Ave. Seattle, WA 98122-2017 Darryl Tollett 10015 19th Ave. E. Tacoma, WA 98445 Darryl Tollett 19321 S.E. Covington Sawyer Road Covington, WA 98042 Candice Cryderman 19321 S.E. Covington Sawyer Road Covington, WA 98042 Candice Cryderman 10015 19th Ave. E. Tacoma, WA 98445 Kenneth Hough 5035 Goldenridge Lane S.W. Olympia, WA 98512 Kenneth Hough 10015 19th Ave. E. Tacoma, WA 98445 Kenneth Hough 14625 Lawrence Lake Rd. S.E. Yelm, WA 98597-9073 Shelly Hough 14625 Lawrence Lake Rd. S.E. Yelm, WA 98597-9073 Robert Terhune 18306 Driftwood Dr. E. Lake Tapps, WA 98391 Robert C. Terhune, III 10015 19th Ave. E. Tacoma, WA 98455 Equity Group NWest, LLC c/o Robert Terhune, R.A. 18306 Driftwood Dr. E. Lake Tapps, WA 98391 Meken Construction, LLC 10015 19th Ave. E. Tacoma, WA 98455 by both first class and certified mail on the 13th day of January 2015; and on the 14th day of January 2015 the Notice of Default was posted in a conspicuous place on the real property described in Paragraph 1, or the Borrower and Grantor were personally served with the Notice of Default. The Trustee has in the Trustee's possession proof of mailing and posting or personal service. 7. 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. 8. The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all interest in the above-described property. 9. 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. All inquiries regarding this foreclosure action must be directed to Robert E. Ordal, at the address/telephone number set forth below. 10. 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 by summary proceedings under Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with sixty days' written notice in accordance with section 4 of this act. 11. Guarantors of a commercial loan: (1) Guarantor may be liable f
or 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. ORDAL TRUSTEE SERVICES, INC., TRUSTEE By Linda J. Duenas, Secretary Suite 1750, 1000 Second Avenue Seattle, Washington 98104 (206) 624-5823 April 29, May 20