Re: John Graham & Co. NOTICE OF TRUSTEE'S SALE 1. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 11th day of May, 2012, at the hour of 10:00 o'clock a.m. outside the 2nd floor entry plaza on the west side of the County-City Building, 930 Tacoma Avenue, in the City of Tacoma, State of Washington, sell at public auction to the highest bidder, subject to prior liens and encumbrances, payable at the time of sale, the following described real property, situated in the County of Pierce, State of Washington, to-wit: PARCEL A: Commencing at the intersection of the North line of Midland Summit Highway and the East line of Yale Street in the Plat of South Tacoma Land Company's First Addition to the City of Tacoma, according to the Plat in recorded in Book 4 of Plats at Page 63, in the Northeast Quarter of Section 4, Township 19 North, range 3 East of the W.M., in Pierce County, Washington; thence North 440.83 feet to the point of beginning; thence North of the East line of Yale Street 80.42 feet; thence East 260.999 feet; thence South 80.42 feet; thence West 260.00 feet to the point of beginning. PARCEL B: A Non-Exclusive twenty (20) feet wide Easement for ingress and egress over, under and across the existing roadway located on: That portion of 98th Street abutting Blocks 12 and 13, Gray's Pacific Avenue Addition to Tacoma, W.T., according to Plat recorded I Book 3 of Plats at Page 88, in Pierce County, Washington. which is subject to that certain Deed of Trust dated September 28, 2007, recorded on October 2, 2007, under Auditor's No. 200710021282, records of Pierce County, Washington, from John Graham & Co., LLC, a Washington limited liability company, Grantor, to secure an obligation in favor of Pierce Commercial Bank, as Beneficiary. Said Deed of Trust having been assigned to by Heritage Bank, successor to Pierce Commercial Bank, to Thomas Swenson, successor Beneficiary by instrument dated December 1, 2011, and recorded on December 29, 2011, under Auditor's file No. 201112290431. The undersigned Successor Trustee was appointed by Appointment of Successor Trustee filed of record with the Pierce County Auditor under Auditor's Fee No. 201201040705. 2. No action commenced by the Beneficiary of the Deed of Trust or the Beneficiary's successor is now pending to seek satisfaction of the obligation in any Court by reason of the Grantor's default on the obligation secured by the Deed of Trust. 3. The default for which this foreclosure is made is as follows: Failure to pay when due the following amounts which are now in arrears: Principal and accrued interest due and payable on October 5, 2010, in the sum of $ 191,113.77, plus interest from said date. 4. The sum owing on the obligation secured by the Deed of Trust is: Principal $191,113.77, together with interest as provided in the note or other instrument secured on and from the 1st day of October, 2009, 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 on the 11th day of May, 2012. The defaults referred to in paragraph III must be cured by the 1st day of May, 2012 (11 days before sale date). The sale will be discontinued and terminated if at any time on or before the 1st day of May, 2012 the defaults as set forth in paragraph 3 are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after the 11th day of May, 2012 (11 days before the sale date), and before the sale by the Grantor or the Grantor's successor in interest 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. 6. A written notice of default was transmitted by the Beneficiary or Trustee to the Grantor or the Grantor's successor in interest at the following address: John Graham & Co, LLC John C. Graham III, its agent 2100 North Alder Street Tacoma, WA 98407 by both first class mail and certified mail on the 2nd day of January, 2012, proof of which is in possession of the Successor Trustee; and the Grantor or the Grantor's successor in interest was served on the 2nd day of January, 2012, 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 1 above, and the Successor Trustee has possession of proof of such service or posting. 7. The Successor 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 their 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. 10. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 11. NOTICE: