Re: PARKLAND PARTNERS, LLC Trustee's Sale No: 01-CM-126174 NOTICE OF TRUSTEE'S SALE Pursuant to R.C.W. Chapter 61.24, et seq. and 62A.9A-604(a)(2) et seq. TO: PARKLAND PARTNERS, LLC BARBARA A. SCHMALENBERG JAN W. SCHMALENBERG I NOTICE IS HEREBY GIVEN that the undersigned Trustee, REGIONAL TRUSTEE SERVICES CORPORATION, will on August 2, 2013, at the hour of 10:00 AM, at AT THE 2ND FLOOR ENTRY PLAZA OF THE SUPERIOR COURTHOUSE, 930 TACOMA AVENUE, TACOMA, WA, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real and personal property (hereafter referred to collectively as the "Property"), situated in the County of PIERCE, State of Washington: PTN. LOTS 1 & 2, RAPER'S FIRST ADD, VOL. 14, PG. 70, PIERCE COUNTY, WASHINGTON; AS MORE FULLY DESCRIBED IN EXHIBIT 'A' ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE. EXHIBIT 'A' FOR LEGAL DESCRIPTION Trustee's Sale No. 01-CM-126174 THE SOUTH 100.00 FEET OF THE NORTH 193.00 FEET OF THE WEST 100 FEET OF LOT 1 AND THE SOUTH 100.00 FEET OF THE NORTH 193.00 FEET OF LOT 2, RAPER'S FIRST ADDITION, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE 70, IN PIERCE COUNTY, WASHINGTON. (BEING PARCEL B OF PIERCE COUNTY BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 200509205001). Together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters. Together with all of the Grantor's right, title and interest in and to all leases, Rents and profits of the Property. Together with all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all issues and profits thereon and proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Tax Parcel No: 712500-002-2, commonly known as 406 112TH STREET EAST, TACOMA, WA. The Property is subject to that certain (i) Deed of Trust dated 3/ 10/2006, recorded 3/13/2006, under Auditor's/Recorder's No. 200603130293, records of PIERCE County, Washington, from PARKLAND PARTNERS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, as Grantor, to PACIFIC NORTHWEST TITLE COMPANY, as Trustee, in favor of VIKING BANK, A REGISTERED TRADE NAME OF VIKING COMMUNITY BANK, as Beneficiary (ii) Modification of Deed of Trust recorded 1/28/2009, under Auditor's/Recorder's No. 200901280318. The above documents are herein collectively referred to as the "Deed of Trust". This Property is also subject to that certain Commercial Guaranty dated 3/10/2006 by Parkland Partners, LLC, as borrower, Jan W. Schmalenberg, as guarantor, in favor of Viking Bank, a registered trade name of Viking Community Bank, as lender. The beneficial interest under said Deed of Trust and the obligations secured thereby are presently held by AMERICANWEST BANK, SUCCESSOR BY MERGER TO VIKING COMMUNITY BANK. 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, except for that certain action for Appointment of a Custodial Receiver filed in Pierce County Superior Court under Cause No. 12-209152-3. III The default(s) for which this foreclosure is/are made are as follows: A. FAILURE TO PAY THE MONTHLY PAYMENT WHICH BECAME DUE ON 6/20/2012, AND ALL SUBSEQUENT MONTHLY PAYMENTS, PLUS DEFAULT INTEREST, LATE CHARGES AND OTHER COSTS AND FEES AS SET FORTH. IN ADDITION, THE BENEFICIARY WILL REQUIRE AS A CONDITION TO REINSTATEMENT THAT YOU PROVIDE RELIABLE WRITTEN EVIDENCE THAT ALL PROPERTY TAXES AND HAZARD INSURANCE PREMIUMS ARE PAID CURRENT AS PROVIDED IN THE DEED OF TRUST. B. FAILURE TO MAKE PAYMENTS WHEN DUE ON OTHER NOTES OR OBLIGATIONS, DESCRIBED IN SCHEDULE 1 ATTACHED HERETO. FAILURE TO MAKE SUCH PAYMENTS IS A DEFAULT UNDER THE NOTE AND THE CROSSDEFAULT CLAUSE OF THE DEED OF TRUST. C. FAILURE TO MAKE PAYMENTS WHEN DUE FOR REAL PROPERTY TAXES ON OTHER NOTES OR OBLIGATIONS, DESCRIBED IN SCHEDULE 1 ATTACHED HERETO. FAILURE TO MAKE SUCH PAYMENTS IS A DEFAULT UNDER THE NOTE AND THE CROSS-DEFAULT CLAUSE OF THE DEED OF TRUST. SCHEDULE 1 Property Address Tax Account No. Arrearages as of 5/3/13 Unpaid Property Taxes To Cure Unpaid Property Taxes: 1. 10801 South A St., Tacoma, WA 5000930040 $417,195.58 $45,554.52 Provide receipt from County Auditor for full payment of delinquent property taxes 2. 10735 South A St., Tacoma, WA 5000930020 $570,286.82 $42,174.65 Provide receipt from County Auditor for full payment of delinquent property taxes 3. Montgomery Meadows Subdivision Tacoma, 3418 Military Rd., Tacoma, WA 5004010020 5004010040 5004010050 5004010080 5004010090 5004010130 5004010150 5004010160 5004010170 5004010190 5004010200 $-0$2,691.54 $2,685.54 $2,628.82 $306.40 $697.24 $2,688.10 $1,120.12 $750.50 $747.17 $759.88 $787.59 Provide receipt from County Auditor for full payment of delinquent property taxes 4. 3418 Military Rd., Tacoma, WA 5004010210 $24,699.19 $9,297.61 Provide receipt from County Auditor for full payment of delinquent property taxes 5. 3417 Military Rd., Tacoma, WA 0319265010 $23,255.36 $10,846.16 Provide receipt from County Auditor for full payment of delinquent property taxes 6. 5403 Milwaukee Ave., Puyallup, WA 6390000122 $433,781.43 $29,119.82 Provide receipt from County Auditor for full payment of delinquent property taxes 7. 10719 to 10721 South A Street, Tacoma, WA 0319044098 $43,432.74 $35,669.93 Provide receipt from County Auditor for full payment of delinquent property taxes 8. 406 112th Street Tacoma, WA 7125000022 See Notices For Detailed Information $31,773.44 Provide receipt from County Auditor for full payment of delinquent property taxes 9. 416 to 418 112th St., Tacoma, WA 7125000021 $111,468.44 $41,178.41 Provide receipt from County Auditor for full payment of delinquent property taxes 10. 420 N. Columbia, Connell, WA 109693432 $29,473.77 $1,550.68 Provide receipt from County Auditor for full payment of delinquent property taxes 11. Miscellaneous Business Equipment N/A $32,453.88 $0.00 Tax Reserves -$15,049.18 TOTAL AMOUNTS DUE: $1,686,047.21 $247,978.94 $1,934,026.15 Failure to pay when due the following amounts which are now in arrears: Amount due as of May 3, 2013 PROMISSORY NOTE: Delinquent Payments from June 20, 2012 11 payments at $ 3,308.82 each $ 36,397.02 Default Interest From 4/25/12 11/8/12: $ 36,664.26 Less Partial Interest Payments Received: $ (11,692.34) Late Charges: $ 661.76 Appraisa : $ 3,090.00 Legal Fees & Title Work: $ 13,830.43 OTHER NOTES & OBLIGATIONS PAYMENT ARREARAGES: Payment Arreages (See Schedule 1): $ 1,686,047.21 OTHER NOTES & OBLIGATIONS UNPAID PROPERTY TAXES: Unpaid Property Taxes (See Schedule 1): $ 263,028.12 Less Tax Reserves: $ (15,049.18) TOTAL: $ 2,012,977.28 IV The sum owing on the obligation secured by the Deed of Trust is: Principal of $458,001.34, together with interest and default interest 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 provided by statute. V The above described real property will be sold to satisfy the expenses 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 2, 2013. The default(s) referred to in paragraph III must be cured by July 22, 2013 (11 days before the sale da
te) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before July 22, 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 at any time after July 22, 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, Grantor or Guarantor at the following addresses: BARBARA A. SCHMALENBERG, P.O. BOX 44017, TACOMA, WA, 98444 JAN W. SCHMALENBERG, P.O. BOX 44017, TACOMA, WA, 98444 PARKLAND PARTNERS, LLC, P.O. BOX 44017, TACOMA, WA, 98444 by both first class and certified mail on 4/25/2012, proof of which is in the possession of the Trustee; and on 4/26/2012, the Borrower and Grantor were personally served 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's Sale will be held in accordance with Ch. 61.24 RCW and anyone wishing to bid at the sale will be required to have in his/her possession at the time the bidding commences, cash, cashier's check, or certified check in the amount of at least one dollar over the Beneficiary's opening bid. In addition, the successful bidder will be required to pay the full amount of his/her bid in cash, cashier's check, or certified check within one hour of the making of the bid. 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 of 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 same 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 The obligation secured by the Deed of Trust being foreclosed herein was not incurred primarily for personal, family or household purposes. Pursuant to RCW 61.24.100, the subject foreclosure does not preclude any judicial or nonjudicial foreclosure of any other deeds of trust, mortgage, security agreements or other security interests granted to secure this obligation. The Beneficiary hereby reserves its right to foreclose any or all additional security. XI NOTICE TO GUARANTORS 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. 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. The Guarantor will have no rights 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. In any action for 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. DATED: 5/2/2013 REGIONAL TRUSTEE SERVICES CORPORATION Trustee By LISA HACKNEY, AUTHORIZED AGENT Address: 616 1st Avenue, Suite 500 Seattle, WA 98104 Phone: (206) 340-2550 Sale Information: www.rtrustee.com P1037392 7/1, 07/22/2013