Re: Linden Park LLC DOCUMENT TITLE Amended Notice of Trustee's Sale REFERENCE NO. OF DOCUMENTS ASSIGNED/ RELEASED 200806090413 GRANTOR Linden Park, LLC, a Washington Limited Liability Company GRANTEE First Savings Bank Northwest LEGAL DESCRIPTION Units 2-12, Linden Park, Rec. 200805085001, Pierce County ASSESSOR'S PARCEL NO. 9007820020, 9007820030, 9007820040, 9007820050, 9007820060, 9007820070, 9007820080, 9007820090, 9007820100, 9007820110, 9007820120 PREAMBLE TO AMENDED NOTICE OF TRUSTEE'S SALE On May 17, 2013, the Grantor of the subject Deed of Trust ("Deed of Trust"), Linden Park, LLC, filed a Petition in Bankruptcy in the United States Bankruptcy Court, Western District at Tacoma, under Case No. 13-43285BDL. By Order entered on July 30, 2013 in the United States Bankruptcy Court, First Savings Bank Northwest, the Deed of Trust beneficiary, was authorized to non-judicially foreclose the Deed of Trust and conduct a Trustee's Sale of the property no less than fortyfive days from the date of entry of said Order. This sale is now scheduled for 10:00 a.m., Friday, September 27, 2013, at the place indicated in the attached Amended Notice of Trustee's Sale. AMENDED NOTICE OF TRUSTEE'S SALE I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, Hanson Baker Ludlow Drumheller P.S., will on September 27, 2013, at the hour of 10:00 a.m., at 2nd Floor Lobby of the Pierce County Courthouse, 930 Tacoma Avenue, South, in the City of Tacoma, State of 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: See Exhibit A attached hereto for a legal description of the real property being foreclosed. If the Deed of Trust grants the Beneficiary security interests in personal property located on the real property, said personal property will be included in the Trustee's Sale. The personal property is described in the Deed of Trust and any UCC-1 and/or UCC-2 Financing Statement signed by the Grantor of the Deed of Trust. Reference should be made to the Deed of Trust and any such Financing Statements for a description of the personal property being sold. which is subject to that certain Deed of Trust, dated June 2, 2008, recorded June 9, 2008, under Auditor's File No. 200806090413, records of Pierce County, Washington, from Linden Park, LLC, a Washington Limited Liability Company, as Grantor, to First Financial Diversified Corporation as Trustee, to secure an obligation in favor of First Savings Bank Northwest. 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(s) for which this foreclosure is made is/are as follows: Failure to pay when due the following amounts which are now in arrears: PRINCIPAL DUE: ^$2,652,135.66 INTEREST DUE: ^$200,744.28 LATE CHARGES: $21,550.00 Accrued late charges for all monthly payments not made within 15 days of their due date. TOTAL PRINCIPAL, INTEREST AND LATE CHARGES: ^$2,874,429.94 IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $2,652,135.66, together with interest as provided in the Note or other instrument secured from , 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 September 27, 2013. The defaults referred to in Paragraph III must be cured by September 16, 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 September 16, 2013 (11 days before the sale date) the default(s) as set forth in Paragraph III is/are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after September 16, 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 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 addresses: Linden Park, LLC Jery Nybo, Registered Agent 410 Madison Ave. N., Ste. 2 Eatonville, WA 98328 Linden Park, LLC d/b/a Linden Park Heated Storage 2102 E. Main, Ste. 106 Puyallup, WA 98372 Linden Park, LLC d/b/a Linden Park Heated Storage P.O. Box 427 Eatonville, WA 98328 Susan E. Nybo, Guarantor 7430 320th St. East Eatonville, WA 98328 Jerry L. Nybo, Guarantor 7430 320th St. East Eatonville, WA 98328 Jerry L. Nybo, Guarantor P.O. Box 427 Eatonville, WA 98328 Susan E. Nybo, Guarantor P.O. Box 427 Eatonville, WA 98328 See Exhibit B for additional addresses by both first class and certified mail on January 2, 2013, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on January 3, 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 I above, 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 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. If the Loan is secured by owner-occupied residential property and the Borrower received a letter from the Beneficiary required by RCW 61.24.031 (generally advising the Borrower to contact an attorney or housing counselor and reporting an opportunity to participate in mediation with the Beneficiary) the following Notice applies: THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME You have 20 DAYS from the recording date of this notice-normally done within three days of the date it is signed-to pursue mediation. DO NOT DELAY, CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help. SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission: Toll-free Telephone No.: 1-877-894HOME (1-877-894-4663) Web site: http://www.dfi.wa.gov/consumers/homeownership/ post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development: Toll-free Telephone No: 1-800-5694287 Web site: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Toll-free Telephone No.: 1-800-6064819 Web site: http://nwjustice.org/get-legal-help XI. NOTICE TO OCCUPANTS OR TENANTS If the property being foreclosed is a
single family residence, condominium, cooperative or building containing fewer than five units, state law requires that the following additional notice be given. 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 the unlawful detainer act, chapter 59.12. RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. XII. NOTICE TO GUARANTORS If the Deed of Trust being foreclosed secures a commercial loan and you are a guarantor of the loan, the following statements apply to you. You 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; You have 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; You will have no right to redeem the property after the trustee's sale; 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 In any action for a deficiency, you 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 your 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. TRUSTEE: HANSON BAKER LUDLOW DRUMHELLER P.S. By John T. Ludlow 2229 112th Avenue NE, Suite 200 Bellevue, WA 98004-2936 (425) 454-3374 STATE OF WASHINGTON) ss. COUNTY OF KING) THIS IS TO CERTIFY that on this ___ day of ______, 2013, before me, a Notary public in and for the State of Washington, duly commissioned and sworn, came John T. Ludlow, personally known or having presented satisfactory evidence to be the President of Hanson Baker Ludlow Drumheller 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 stated that he is authorized to execute the said instrument on behalf of said corporation. WITNESS MY HAND and official seal the day and year in this certificate first above written. Print Name: Susan L. Knight Notary Public in and for the State of Washington, residing at Brier Expiration Date: EXHIBIT A UNITS 2 THROUGH 12, LINDEN PARK, A CONDOMINIUM, ACCORDING TO THE DECLARATION THEREOF RECORDED UNDER RECORDING NUMBER 200709190816, WHICH IS A RE-RECORD OF 200708030269, AND ANY AMENDMENTS THERETO; SAID UNITS ARE LOCATED ON SURVEY MAP AND SET OF PLANS RECORDED UNDER RECORDING NO. 200805085001, RECORDS OF PIERCE COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON August 27, September 17