Re: PK Golden Lion, Inc. NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24, ET SEQ. TO: PK Golden Lion, Inc. c/o Steven Lee Associates 22727 Highway 99 Ste 201 Edmonds, WA 98026 Pok Ki Luangrath 9021 S. Tacoma Way Lakewood, WA 98499 PK Golden Lion, Inc. c/o Pok KiLuangrath 9021 S. Tacoma Way Lakewood, WA 98499 PK Golden Lion, Inc. c/o Henry K. Chae 16212 Bothell Everett Hwy, Ste. F119 Mill Creek, WA 98012 Pok Ki Luangrath 26901 35th Ave S. Kent, WA 98032 TO: Other junior lienholders or encumbrancers interested in the real property described below; and TO: Tenants or occupants of the real property described below: I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on the 25th day of March, 2016, at the hour of 10:00 o'clock A.M., at the main entrance of the Pierce County-City Building, 930 Tacoma Ave., Tacoma, Washington 98402, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property, situated in Pierce County, State of Washington, to-wit: THE SOUTH 150 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THE NORTH 252.07 FEET OF THE SOUTH 482.07 FEET OF THE WEST 352.93 FEET OF GOVERNMENT LOT 3, SECTION 31, TOWNSHIP 20 NORTH, RANGE 3 EAST, W.M., IN PIERCE COUNTY, WASHINGTON EXCEPT FROM SAID WEST 352.92 FEET THE WEST 30 FEET FOR UNION AVENUE and commonly known as 9021 S. Tacoma Way, Lakewood, WA 98499 and which is subject to that certain deed of trust, as amended from time to time (the "Deed of Trust") dated November 7, 2008 and recorded on November 10, 2008 under Auditor's File No. 200811100133, records of Pierce County, Washington from PK Golden Lion, Inc., as grantor ("Grantor"), to Chicago Title Insurance Company, as original Trustee, to secure an obligation in favor of Hana Small Business Lending, Inc., as beneficiary. Pursuant to an assignment dated June 22, 2012 and recorded on July 18, 2012 under Pierce County Auditor's File No. 201207180895, Hana Small Business Lending, Inc. assigned its interest in the Deed of Trust to Wells Fargo Bank, N.A., and its successors and assigns, as Indenture Trustee, under that certain Indenture dated as of June 22, 2012, as the same may be amended from time to time, for the benefit of the United States Small Business Administration and the holders of the Hana Small Business Lending Loan Trust 2012-1, Unguaranteed SBA 7(a) Loan-Backed Notes, Series 2012-1, as their respective interests may appear, subject to the Multi-Party Agreement dated as of the Closing Date, as the same may be amended from time to time. On August 19, 2015, the beneficiary appointed Turnbull & Born, PLLC as successor Trustee, pursuant to an Appointment of Successor Trustee recorded with the Pierce County Auditor on August 28, 2015, under Auditor's File No. 201508280647. 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 for which this foreclosure is made is as follows: Failure to pay when due the following amounts which are now in arrears: Arrearage: A. Past due payments (through 12/1/15): $ 50,232.00 B. Appraisal fee: $ 4,000.00 C. Late charges: $ 6,596.66 Total Arrearage: $ 60,828.66 Trustee's Expenses: A. Title report: $ 2,330.00 B.Trustee's Fee & Attorney fee: $1,500.00 C. Statutory Mailings: $ 50.00 D. Postings & copies: $ 133.00 E. Recording costs: $ 130.00 Total Expenses: $ 4,143.00 Total Amount Past Due: $ 64,971.66 Plus additional payments, interest, late charges, expenses and fees from December 2, 2015 to date of cure, plus any unpaid property taxes. IV. The sum owing on the obligation secured by the Deed of Trust is: principal of $909,457.86 together with interest, attorney's fees, costs, property taxes and late charges as provided in the note or other instrument secured, 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 the 25th day of March, 2016. The defaults referred to in Paragraph III, together with any subsequent payments, late charges, advanced costs and fees thereafter due must be cured by the 14th day of March, 2016 (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 14th day of March, 2016 (11 days before the sale date), the defaults as set forth in Paragraph III, together with any subsequent payments, late charges, advanced costs and fees thereafter due are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after the 14th day of March, 2016 (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 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, and curing all other defaults. VI. A written notice of default was transmitted by the Beneficiary or Trustee to the borrower or Grantor at the following addresses: PK Golden Lion, Inc. c/o Steven Lee Associates Registered Agent 22727 Highway 99 Ste 201 Edmonds, WA 98026 Pok Ki Luangrath 9021 S. Tacoma Way Lakewood, WA 98499 by both first class and certified mail on the 3rd day of September, 2015, proof of which is in the possession of the Trustee; and the written notice of default was posted in a conspicuous place on the real property described in Paragraph I above on September 1, 2015, 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 the 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 GUARANTORS: Please take notice that: (1) the guarantor(s) 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(s) 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(s) 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. DATED: December 14, 2015. TURNBULL & BORN, PLLC, Trustee By /s/ Brian M. Born Brian M. Born, Authorized Representative 950 Pacific Ave., Suite 1050 Tacoma, WA 98402 (253) 383-7058 IDX-683774 February 23, March 15