1452.1301441 #2/Wise Rentals LLC and RK Sweem LLC Reference Number(s) of Documents assigned or released: 200504080129 Document Title: NOTICE OF TRUSTEE'S SALE Grantor: Bishop, White, Marshall & Weibel, P.S. Grantee: Wise Rentals, LLC, a Washington State Limited Liability Company & RK Sweem, LLC, a Washington State Limited Liability Company Abbreviated Legal Description as Follows: LOT 2, SHORT PLAT 78454 Assessor's Property Tax Parcel/ Account Number(s): 5004300020 & 500430-0030 NOTICE: AS THE RESULT OF AN ORDER ENTERED IN A BANKRUPTCY PROCEEDING, ROBERT A SWEEM AND KIMBERLY JO SWEEM MAY NOT BE PERSONALLY LIABLE FOR THE UNPAID BALANCE OF THE BELOW REFERENCED LOAN. HOWEVER, THE BENEFICIARY RETAINS A DEED OF TRUST DESCRIBED BELOW WHICH IS SUBJECT TO FORECLOSURE IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON. NOTICE: IF YOU ARE NOT PERSONALLY LIABLE TO PAY THIS OBLIGATION BY REASON OF A BANKRUPTCY PROCEEDING, THEN THIS NOTICE IS NOT AN ATTEMPT TO COLLECT A DEBT BUT IS INTENDED ONLY TO RELAY INFORMATION REGARDING YOUR DEED OF TRUST. NOTICE: IF YOU ARE PERSONALLY LIABLE TO PAY THIS OBLIGATION, WE WISH TO INFORM YOU THAT WE ARE A DEBT COLLECTOR. ANY INFORMATION YOU PROVIDE TO US WILL BE USED FOR PURPOSES OF FORECLOSING THE DEED OF TRUST MENTIONED BELOW. NOTICE OF TRUSTEE'S SALE I NOTICE IS HEREBY GIVEN that the undersigned Bishop, White, Marshall & Weibel, P.S. will on August 23, 2013 at 10:00 am at the 2nd floor entry plaza outside the Pierce County Courthouse, 930 Tacoma Ave South, Tacoma, WA located at Pierce County, State of Washington, sell at public auction to the highest bidder, payable, in the form of cash, or cashier's check or certified checks from federally or State chartered banks, at the time of sale, the following described real property, situated in Pierce County, State of Washington, to-wit; LOT 2, AS SHOWN ON SHORT PLAT NO. 78-454, FILED WITH PIERCE COUNTY AUDITOR; IN PIERCE COUNTY, WASHINGTON. EXCEPT THAT PORTION DEEDED TO PIERCE COUNTY UNDER RECORDING NUMBERS 200710100448 AND 200710100449. ALSO EXCEPT THOSE PORTIONS LYING WITHIN LOTS, 5, 6, 7, 8, 9, 10, 11 AND 12, KOPP MEADOW, PDD, ACCORDING TO THE PLAT RECORDED UNDER AUDITOR'S RECORDING NO. 200803075003, IN PIERCE COUNTY, WASHINGTON. NOW KNOWN AS A PORTIONS OF LOT 2, 3, AND TRACTS A, B, D AND E OF KOPP MEADOW, PDD, ACCORDING TO THE PLAT RECORDED UNDER AUDITOR'S RECORDING NO. 200803075003, IN PIERCE COUNTY, WASHINGTON. which is subject to that certain Deed of Trust dated April 4, 2005, recorded April 8, 2005, under Auditor's File No. 200504080129 records of Pierce County, Washington, from Wise Rentals, LLC, a Washington State Limited Liability Company & RK Sweem, LLC, a Washington State Limited Liability Company, as Grantor, to Washington Services, Inc., a Washington Corporation, as Trustee, to secure an obligation in favor of Washington Federal Savings as beneficiary. Washington Federal Savings is now known as Washington Federal. This loan secured by this Deed of Trust was most recently modified by an instrument dated October 13, 2009. The sale will be made without any warranty concerning the title to, or the condition of the property. 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 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: i) Failure to pay the following amounts, now in arrears: Amount due to reinstate by May 20, 2013. Delinquent Monthly Payments Due from 1/15/2013 through 5/15/2013: 5 payment(s) at $1,214.00 Total: ^$6,070.00 Late Charges: 3 late charge(s) at $60.70 2 late charge(s) at $66.15 for each payment not made within 15 days of its due date Total Late Charges ^$314.40 TOTAL DEFAULT ^$6,384.40 ii) Default Description of Action Required to Cure and Documentation Necessary to Show Cure Delinquent general taxes for half of 2012 and half of 2013. Liens for unpaid sewer charges. Proof of Payoff Evidence/Proof must be provided that the delinquency has been brought current. iii) As a condition of curing the foregoing described defaults, you must also cure the present defaults on all other loans made to you by Washington Federal Savings. Without limiting the foregoing, you must reinstate Washington Federal Loan No 300530-3 as a condition of curing the defaults described above in this Notice. The cross default condition is set forth in paragraph 1 of the 1-4 Family Rider Assignment of Rents on the deed of trust which names Washington Federal Savings as the Lender and Wise Rentals LLC & R K Sweem LLC as the Borrower. IV The sum owing on the obligation secured by the Deed of Trust is: $214,763.13, together with interest from December 15, 2012 as provided in the note or other instrument, 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 August 23, 2013. The payments, late charges, or other defaults must be cured by August 12, 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 on or before August 12, 2013 (11 days before the sale date) the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, or other defaults, is/are cured and the Trustee's fees and costs are paid. Payment must be in cash or with cashier's or certified checks from a State or federally chartered bank. The sale may be terminated any time after August 12, 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: (a) 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; (b) and, the entire principal and interest owing on the Note and Deed of Trust securing Washington Federal Loan No. 300530-3 if the separate foreclosure of such other loan is within the last ten days before the respective Trustee's Sale dates or, by curing all such loans if there is more than ten days remaining prior to the respective Trustee's Sale. VI A written notice of default was transmitted by the beneficiary or Trustee to the Borrower and Grantor at the following address(es): Wise Rentals LLC 17624 30th Ave Ct E Tacoma, WA 98466 RK Sweem LLC 17624 30th Ave Ct E Tacoma, WA 98466 Terry Wise 17624 30th Ave Ct E Tacoma, WA 98466 Teresa Wise 17624 30th Ave Ct E Tacoma, WA 98466 Robert A Sweem 17624 30th Ave Ct E Tacoma, WA 98466 Kimberly Jo Sweem 17624 30th Ave Ct E Tacoma, WA 98466 Wise Rentals LLC 17626 30th Ave Ct E Tacoma, WA 98466 RK Sweem LLC 17626 30th Ave Ct E Tacoma, WA 98466 Terry Wise 17626 30th Ave Ct E Tacoma, WA 98466 Teresa Wise 17626 30th Ave Ct E Tacoma, WA 98466 Robert A Sweem 17626 30th Ave Ct E Tacoma, WA 98466 Kimberly Jo Sweem 17626 30th Ave Ct E Tacoma, WA 98466 Wise Rentals LLC C/O Terry Wise, Registered Agent 7622 Waller Rd E Tacoma, WA 98443 RK Sweem LLC 7622 Waller Rd E Tacoma, WA 98443 Terry Wise 7622 Waller Rd E Tacoma, WA 98443 Teresa Wise 7622 Waller Rd E Tacoma, WA 98443 Robert A Sweem 7622 Waller Rd E Tacoma, WA 98443 Kimberly Jo Sweem 7622 Waller Rd E Tacoma, WA 98443 RK Sweem LLC C/O Robert Sweem, Registered Agent 13145 Campbell SE Tenino, WA 98589 Robert A Sweem 13145 Campbell SE Tenino, WA 98589 Kimberly Jo Sweem 13145 Campbell SE Tenino, WA 98589 Robert A Sweem PO Box 969 Tenino, WA 98589 Kimberly Jo Sweem PO Box 969 Tenino, WA 98589 Wise Rentals LLC 13145 Campbell SE Tenino, WA 98589 Terry Wise 13145 Campbell SE Tenino, WA 98589 Teresa Wise 13145 Campbell SE Tenino, WA 98589 Wise Rentals LLC 17624 30TH Ave Ct E Tacoma, WA 98446 RK S
weem LLC 17624 30TH Ave Ct E Tacoma, WA 98446 Terry Wise 17624 30TH Ave Ct E Tacoma, WA 98446 Teresa Wise 17624 30TH Ave Ct E Tacoma, WA 98446 Robert A Sweem 17624 30TH Ave Ct E Tacoma, WA 98446 Kimberly Jo Sweem 17624 30TH Ave Ct E Tacoma, WA 98446 Wise Rentals LLC 17626 30TH Ave Ct E Tacoma, WA 98446 RK Sweem LLC 17626 30TH Ave Ct E Tacoma, WA 98446 Terry Wise 17626 30TH Ave Ct E Tacoma, WA 98446 Teresa Wise 17626 30TH Ave Ct E Tacoma, WA 98446 Robert A Sweem 17626 30TH Ave Ct E Tacoma, WA 98446 Kimberly Jo Sweem 17626 30TH Ave Ct E Tacoma, WA 98446 Wise Rentals LLC 17718 30th Ave Ct E Tacoma, WA 98446 RK Sweem LLC 17718 30th Ave Ct E Tacoma, WA 98446 Terry Wise 17718 30th Ave Ct E Tacoma, WA 98446 Teresa Wise 17718 30th Ave Ct E Tacoma, WA 98446 Robert A Sweem 17718 30th Ave Ct E Tacoma, WA 98446 Kimberly Jo Sweem 17718 30th Ave Ct E Tacoma, WA 98446 Wise Rentals LLC 17720 30th Ave Ct E Tacoma, WA 98446 RK Sweem LLC 17720 30th Ave Ct E Tacoma, WA 98446 Terry Wise 17720 30th Ave Ct E Tacoma, WA 98446 Teresa Wise 17720 30th Ave Ct E Tacoma, WA 98446 Robert A Sweem 17720 30th Ave Ct E Tacoma, WA 98446 Kimberly Jo Sweem 17720 30th Ave Ct E Tacoma, WA 98446 by both first class and certified mail on April 12, 2013, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on April 12, 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 1 above, and the Trustee has possession of proof of such service or posting. VII The Trustee whose name and address are set forth 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 objections to this 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. If the Trustee's Sale is set aside for any reason, the submitted bid will be forthwith returned without interest and the bidder will have no right to purchase the property. Recovery of the bid amount without interest constitutes the limit of the bidder's recourse against the Trustee and/or the Beneficiary. XI NOTICE TO ALL PERSONS AND PARTIES WHO ARE GUARANTORS OF THE OBLIGATIONS SECURED BY THIS DEED OF TRUST: (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. DATE: May 16, 2013. BISHOP, WHITE, MARSHALL, & WEIBEL, P.S., Successor Trustee By:/s/William L. Bishop, Jr. 720 Olive Way, Suite 1201 Seattle, WA 98101 (206)622-7527 State of Washington)ss. County of King) On this 16 day of May, 2013, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared William L. Bishop, Jr., to me known to be an Officer of Bishop, White, Marshall & Weibel, P.S., the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath states that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Name: Emily Gronvold NOTARY PUBLIC in and for the State of Washington at King County My Appt. Exp: 7-20-2016 July 26, August 16