Tacoma Daily Index, May 20, 2015 by Sound Publishing

Page 14 LEGAL NOTICES Continued from Page 13 Deed of Trust as provided by statute. This sale will be made without warranty, express or implied, regarding title, possession or encumbrances on the 29th day of May, 2015. The default(s) referred to in paragraph III must be cured by the 18th day of May, 2015 (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 the 18th day of May, 2015 (11 days before the sale date), 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 after the 18th day of May, 2015 (11 days before the sale date), and before the sale by the Borrower, Grantor 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: 12 - 184th Avenue Ct KPN, Lakebay, Washington 98349; and P.O. Box 193, Lakebay, Washing- ton 98349-0193 by both first class and certified mail on the 19th day of December, 2014, proof of which is in the possession of the Trustee and the written notice of default was posted in a conspicuous place on the premises on the 19th day of December, 2014, and the Trustee has possession of such proof of 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 and tenants. After the 20th day following the sale the Pur- chaser has the right to evict occupants and 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 this 26th day of January, 2015. Michael Siderius, Successor Trustee 500 Union Street, Suite 847 Seattle, WA 98101 Tel. 206/624-2800 Fax: 206/624-2805 April 29, May 20 Re: W.T.E., LLC NOTICE OF TRUSTEE’S SALE I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 29th day of May 2015, at the hour of 10:00 a.m., at the main entrance to the County-City Building, 930 Tacoma Av- enue South, Tacoma, Washington 98402, sell at public auction to the highest and best bidder, payable at the time of sale, the real property (the “Real Property”) located in Pierce County, Washington, commonly known as 1001 Pacific Avenue, Tacoma, Washington 98402 and legally described as follows: Lots 1, 2 and 3, Block 1003, Map of New Tacoma, W.T., according to the plat thereof recorded Febru- ary 3, 1875, in Pierce County, Washington together with all personal property and

Wednesday, May 20, 2015 ● Tacoma Daily Index LEGAL NOTICES

LEGAL NOTICES

other property located thereon and related thereto (collectively with the Real Property referred to as the “Property”), as described in Exhibit A attached hereto and incorporated herein by this reference. This Notice of Trustee’s Sale con- cerns the $3,250,000.00 (the “Loan”) originally made by PNC Bank, National Association (“Original Lender”), to W.T.E., LLC, a Washington limited liability company (the “Borrower”), which is evidenced by a Promissory Note dated April 12, 2007, in the face amount of $3,250,000.00 (the “Note”) made payable by Borrower to Original Lender as well as other “Loan Docu- ments” described in the Note. The Loan and Loan Documents were assigned, by successive mesne assignments, to U.S. Bank National Associa- tion, a national banking association or- ganized and existing under the laws of the United States of America, not in its individual capacity but solely in its capacity as Trustee for the Registered Holders of ML-CFC Commercial Mort- gage Trust 2007-7, Commercial Mort- gage Pass-Through Certificates, Se- ries 2007-7 (the “Lender” or “Beneficiary”). Certain of Borrower’s obligations relating to the Loan are indemnified by Robert Easter (the “Indemnitor”), pursuant to a Non-Recourse Indemnifica- tion Agreement executed by the In- demnitor and dated April 12, 2007. The Note is secured by, among other things, a Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing (the “Deed of Trust”) between Borrower, as Grantor, and originally Pacific Northwest Title Company of Washington, Inc., as trustee, in favor of Original Lender dated April 12, 2007, and recorded on April 13, 2007, under Auditor’s File No. 200704130474, in the records of Pierce County, Washington, the bene- ficial interest of which was assigned to Lender by mesne successive assignments ( c o l l e c t i v e l y, the “Assignments”), the most recent of which was recorded on November 6, 2014, under Auditor’s File No. 201411060227, in the records of Pierce County, Washington. The Deed of Trust and the Assignments thereto shall be collectively referred to herein as the “Deed of Trust.” The Deed of Trust encumbers the Property described above. II. No action commenced by the Benefi- ciary of the Deed of Trust is now pending to seek satisfaction of the obligation in any court by reason of the Bor- rower’s or Grantor’s defaults on the obligation secured by the Deed of Trust. III. The default for which this foreclosure is made is failure to pay the following amounts, which are in arrears, pursuant to the Note secured by the Deed of Trust. The amount due and owing as of January 1, 2015, is as follows: Principal payments due: $ 61,160.68 Interest at the Note rate of 5.84% per annum from 12/1/13 to 1/1/15 (and a per diem thereafter of $478.87): 189,631.12 Interest at the Note default rate of 4.0% per annum from 1/1/14 to 1/1/15 (and a per diem thereafter of $327.99): 119,716.59 Escrow/reserves: 110,246.40 Late fees: 17,237.16 Appraisal fees: 5,950.00 Environmental report fees: 2,600.00 Insurance advance: 1,915.32 Other charges: 1,912.31 Tax escrow advance amount: 49,395.81 Title expenses (including foreclosure guaranty): 9,177.05 Miscellaneous fees: 356.00 Legal fees and costs: 18,121.41 Trustee’s fees: 750.00 TOTAL DUE AS OF 1/1/15: $ 588,169.85 Note: The Beneficiary’s failure to include any existing default in the foregoing list is not intended to constitute a waiver of such default. The Beneficiary reserves all rights regarding each and every default, whether known or un- known to Beneficiary at this time. IV. The principal sum owing on the obligations secured by the Deed of Trust as of January 1, 2015, is $2,951,916.54, together with non-default interest as provided in the Note

or other instrument secured from the 1st day of December 2013, and default interest from the 1st day January 2014, and such other costs and fees as are due under the Note or other instrument secured, and as are provided by statute, plus any and all additional taxes, assessments, and other charges against the Property that have or will become due from and after Janu- ary 1, 2015. V. The above-described Property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by the statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on the 29th day of May 2015. The defaults referred to in paragraph III must be cured by the 18th day of May 2015 (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 the 18th day of May 2015 (11 days before the sale date), the defaults as set forth in paragraph III are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after the 18th day of May 2015 (11 days before the sale date), and before the sale by the Borrower, Grantor, Indem- nitor, 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 made, if any, and the amount of a prepayment premium, if any, pursuant to the terms of the obligations and/or Deed of Trust, the Note and other applicable Loan Docu- ments, and curing all other defaults. VI. A written Amended Notice of Default was transmitted by the Trustee or Ben- eficiary to the Borrower, Grantor and Indemnitor at the following addresses: W.T.E., LLC 5050 W. Lake Sammamish Park- way Redmond, WA 98052 W.T.E., LLC c/o MK Property Services LLC PO Box 997 Snoqualmie, WA 98065-0997 W.T.E., LLC c/o Robert M. Easter, Reg. Agt. 5050 W Lake Sammamish Park- way NE Redmond, WA 98052 W.T.E., LLC 5050 W. Lake Sammamish Park- way NE Redmond, OR 98052 Robert M. Easter 5050 W. Lake Sammamish Park- way Redmond, WA 98052 Robert M. Easter 5050 W. Lake Sammamish Park- way NE Redmond, WA 98052 by both first class and certified mail on the 5th day of January 2015, proof of which is in the possession of the Trus- tee; and on the 6th day of January 2015, a written Amended 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 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 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 chap-

LEGAL NOTICES ter 59.12 RCW.

XI. NOTICE TO INDEMNITOR a. The Indemnitor may be liable for a deficiency judgment to the extent the sale price obtained at the trustee’s sale is less than the debts secured by the Deed of Trust; b. The Indemnitor has the same rights to reinstate the debts, cure the defaults, or repay the debts as is given to the Grantor in order to avoid the trustee’s sale; c.The Indemnitor will have no right to redeem the Property after the trustee’s sale; d. Subject to such longer periods as are provided in the Washington Deed of Trust Act, chapter 61.24 RCW, any action brought to en- force 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 e. In any action for a deficiency, the In- demnitor will have the right to es- tablish the fair value of the Proper- ty as of the date of the trustee’s sale, less prior liens and encumbrances, and to limit the Indemni- tor’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 interest and costs. NOTICE OF APPLICATION ON SENATE BILL 5810 Senate Bill 5810 became effective on July 26, 2009. Among other things, the Bill requires additional notices to be given to grantors of deeds of trust made from January 1, 2003 to De- cember 31, 2007 that are recorded against owner-occupied residential real property as defined by Senate Bill 5810. Deeds of Trust that are recorded prior to or after the above refer- enced time period are exempt from these additional notices. In addition, commercial loans as defined are exempt. The Beneficiary categorizes the under- lying loan as a commercial loan as defined by RCW 61.24.005(4). As such, the notice requirements of Senate Bill 5810 do not apply to this procedure. If you disagree with the categorization, contact the undersigned at the address below, in writing, as soon as possible. DATED: February 25, 2015. EISENHOWER & CARLSON, PLLC, Successor Trustee By: Mark J. Rosenblum 1200 Wells Fargo Plaza 1201 Pacific Avenue Tacoma, WA 98402 (253) 572-4500 E m a i l : mrosenblum@eisenhowerlaw.co m STATE OF WASHINGTON)ss. COUNTY OF PIERCE) On February 25, 2015, before me per- sonally appeared MARK J. ROSEN- BLUM, to me known to be a Member of EISENHOWER & CARLSON, PLLC, the professional limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and vol- untary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that MARK J. ROSENBLUM was authorized to execute said instrument on behalf of said company. IN WITNESS WHEREOF, I have here- unto set my hand and affixed my offi- cial seal the day and year first above written. Signature:/s/Jennifer Fernando Name (Print): Jennifer Fernando NOTARY PUBLIC in and for the State of Washington My appointment expires: 10/21/ 2018 EXHIBIT A (a) All easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, tene- ments, hereditaments and appurte- nances of any nature whatsoever, in any way belonging, relating or pertain- ing to the Real Property and the Im- provements and the reversion and re- versions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened or pro- posed, in front of or adjoining the Real Property, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy and rights of curtesy, property, pos-

LEGAL NOTICES

session, claim and demand whatsoever, both at law and in equity, of Bor- rower of, in and to the Real Property and the Improvements and every part and parcel thereof, with the appurte- nances thereto; and (b) All other assets of Borrower, of every kind and nature, now existing and hereafter acquired and arising and wherever located, related to the own- ership or operation of the Real Proper- ty, including without limitation, accounts, deposit or reserve accounts, commercial tort claims, letter of cred- it rights, chattel paper (including elec- tronic chattel paper), documents, instruments, investment property, gen- eral intangibles (including payment intangibles), software, goods, invento- ry, equipment, furniture and fixtures, all supporting obligations of the foregoing, and all cash and noncash proceeds and products (including without limitation insurance proceeds) of the foregoing, and all additions and ac- cessions thereto, substitutions there- for and replacements thereof, and including, without limitation, the following; (1) all machinery, equipment, fixtures (including but not limited to all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), building equipment, materials and supplies, and other property of every kind and nature, whether tan- gible or intangible, owned by Borrow- er, or in which Borrower has or shall have an interest, now or hereafter located upon the Real Property and the Improvements, or appurtenant there- to, and usable in connection with the present or future operation and occupancy of the Real Property and the Im- provements (hereinafter collectively called the “Equipment”), including the proceeds of any sale or transfer of the foregoing, and, without limiting the generality of the foregoing, if any such Equipment is subject to any prior security interest or prior security agreement (as such terms are defined in the Uniform Commercial Code, as adopt- ed and enacted in the state or states in which any of the Real Property is located), then the Real Property shall include all of the right, title and interest of Borrower in and to any such Equip- ment, together with all deposits and payments now or hereafter made by Borrower with respect to such Equip- ment; (2) all awards, payments or compen- sation, including interest thereon, heretofore or hereafter made with respect to the Real Property for any inju- ry or decrease in the value of the Real Property related to any exercise of the right of eminent domain or condemna- tion (including without limitation, any transfer made in lieu of or in anticipa- tion of the exercise of said rights or for a change of grade); (3) all leases, reciprocal easement agreements, and other agreements and arrangements affecting the use, enjoyment or occupancy of, or the conduct of any activity upon or at the Real Property and the Improvements heretofore or hereafter entered into (the “Leases”), all income, rents (including, without limitation, all per- centage rents), issues, profits and rev- enues (including all oil and gas or other mineral royalties and bonuses) from the Real Property (the “Rents”) and all proceeds from the sale or other dis- position of the Leases and the right to receive and apply the Rents to the payment of the Debt; (4) all proceeds of; and any un- earned premiums on, any insurance policies covering the Real Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Real Property; (5) the right, in the name and on behalf of Borrower, to appear in and de- fend any action or proceeding brought with respect to the Real Property and to commence any action or proceeding to protect the interest of Lender in the Real Property; and (6) all other property or collateral of any nature whatsoever, now or hereafter given as additional, security for the payment of the debt secured by the Deed of Trust, including without limitation, property management agreements now or hereafter entered into with any person or entity providing management services to the Real Property, service contracts, common area agreements, licenses, permits, construction warranties and other contracts, agreements and instruments relating to the Real Proper ty (including, without limitation, agree-

ments pursuant to which Borrower acquired any of the Real Property, and including any security or indemnities given in connection therewith), security deposits, royalties, refunds, expense reimbursements, reserve or escrow deposits or accounts related to the Real Property or any Lease and all documents relating to each of the foregoing. April 29, May 19 Re: #2/Premier Builders Loan No. 40147 (the “Loan”) Trustee No. 20192.026.07/JBH NOTICE OF TRUSTEE’S SALE Pursuant to the Revised Code of Washington Chapter 61.24, et seq. Grantor(s): Hillis Clark Martin & Peter- son P.S., Trustee Construction Opportunity Partners No. I LLC Grantee(s): Premier Builders Invest- ments, LLC Legal Description (abbreviated)*: Lot 33, Holland Glen, A P.D.D., AFN 200910145003 x Complete legal on EXHIBIT A A s s e s s o r ’s Parcel No(s)*: 5004560330 Reference No. of Related Documents: 201309300856 *The Assessor’s Parcel Number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property’s full legal description provided herein. I. NOTICE IS HEREBY GIVEN that the undersigned trustee will, on May 29, 2015, at the hour of 11:00 a.m., at the Second Floor Entry Plaza Outside Pierce County Courthouse, 930 Taco- ma Ave South, Tacoma, Washington, sell at public auction to the highest and best bidder, payable at time of sale, the following-described property, situated in the County of Pierce, State of Washington (the “Property”), as legally described on Exhibit A attached hereto. The Property is subject to (a) that certain Deed of Trust from PREMIER BUILDERS INVESTMENTS, LLC, Wash- ington limited liabiltiy company , as grantor, (“Borrower”), to HILLIS CLARK MARTIN & PETERSON P.S., as trustee, to secure an obligation in favor of CONSTRUCTION OPPORTUNITY PART- NERS NO. I LLC, as beneficiary, (“Beneficiary”), dated September 30, 2013, and recorded on September 30, 2013, under Recording No. 201309300856, records of Pierce County, Washington, (the “Deed of Trust”), and (b) the security agreement and fixture filing that is included within the Deed of Trust (the “Security Agree- ment”). The Deed of Trust was granted to secure a loan made to Borrower as evidenced by a Promissory Note in the original maximum principal amount of $147,665.00 (the “Loan”). II. No action commenced by the Benefi- ciary of the Deed of Trust and the secured party under the Security Agree- ment, or the Beneficiary’s successor is now pending to seek satisfaction of the obligation in any Court by reason of the Borrower’s default on the obligation secured by the Deed of Trust. III. The defaults for which this foreclosure is made are as follows: (1) Failure to pay the Loan in full on or before November 1, 2014 (the “Maturity Date”); (2) Borrower’s improper application of draw proceeds to pay invoices un- related to the specific project des- ignated for such draw proceeds, which has caused the Loan and other loans made by Beneficiary to Borrower (the “Related Loans”) to be “out of balance”; and (3) Failure to pay when due the real property taxes for the Property. The following is an itemized summary of the amounts that are now in arrears: Matured principal balance: $9,005.50 Interest accruing at the note rate thru 5/22/14: $1,844.92 Interest accruing at the default rate from 5/23/14 to 2/25/15: $19,443.42 Legal fees: $722.00 Default Fee: $1,476.65 Extension Fees: $3,691.63 Reconveyance Fee: $200.00 Continued on Page 15