Re: Semakula Gladys Document Title: Notice of Trustee's Sale Grantor: Eisenhower & Carlson, PLLC Westside Community Bank, Beneficiary Grantees: Semakula, Gladys K. Randolph, Dwight Legal Desc.: PTN NEQ SEQ 35-20-2 Reference Nos.: 200805230314; 201112300598 Tax Parcel No.: 0220354091 NOTICE OF TRUSTEE'S SALE Issued Pursuant to RCW 61.24.040 I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on the 27th day of April, 2012 at the hour of 10:00 a.m. at the Pierce County Courthouse located at 930 Tacoma Avenue South, Tacoma, 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: PARCEL A: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 20 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, IN PIERCE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHERLY LINE OF STEILACOOM BOULEVARD (30.00 FEET SOUTH OF CENTERLINE) AND THE NORTHERLY LINE OF GRAVELLY LAKE DRIVE (30.00 FEET NORTHWEST OF CENTERLINE); THENCE NORTH 89ø02'49" WEST ALONG THE SOUTH LINE OF STEILACOOM BOULEVARD 191.70 FEET; THENCE SOUTH 00ø59'24" WEST, 14.00 FEET TO A LINE, HEREINAFTER CALLED LINE "A", WHICH IS PARALLEL WITH AND 14.00 FEET SOUTH OF, WHEN MEASURED PERPENDICULAR TO, SAID SOUTH LINE OF STEILACOOM BOULEVARD, SAID POINT BEING ALSO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00ø59'24" WEST 82.28 FEET TO THE NORTHERLY LINE OF SAID GRAVELLY LAKE DRIVE; THENCE SOUTH 64ø17'34" WEST 101.73 FEET ALONG SAID NORTHERLY LINE; THENCE NORTH 07ø23'34" EAST 2.39 FEET TO A LINE WHICH IS PARALLEL WITH AND 2.00 FEET NORTHERLYOF, WHEN MEASURED PERPENDICULAR TO, THE NORTHERLY LINE OF SAID GRAVELLY LAKE DRIVE; THENCE SOUTH 64ø17'34" WEST 16.42 FEET ALONG SAID PARALLEL LINE TO THE BEGINNING OF CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 5.50 FEET; THENCE NORTHWESTERLY 8.64 FEET ALONG SAID CURVE THROUGH ACENTRAL ANGLE OF 90ø00'34"; THENCE NORTH 25ø31'22" WEST 5.67 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 3.00 FEET; THENCE NORTHWESTERLY 1.08 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20ø34'52" TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 24.50 FEET; THENCE NORTHEASTERLY 8.87 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20ø45'12" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE WEST HALVING A RADIUS OF 254.50 FEET; THENCE NORTHERLY 65.99 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14ø51 '26"; THENCE NORTH 00ø57'16" EAST 24.79 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 25.50 FEET; THENCE NORTHERLY 6.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14ø45'56"; THENCE ON A NON-TANGENT LINE NORTH 45ø57'13" EAST 25.68 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE SOUTH HALVING A RADIUS OF 25.50 FEET AND TO WHICH POINT A RADIAL LINE BEARS NORTH 13ø48'45" WEST; THENCE EASTERLY 6.57 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14ø45'56" TO SAID LINE "A"; THENCE SOUTH 89ø02'49" EAST 80.88 FEET ALONG SAID LINE "A" TO THE POINT OF BEGINNING; SITUATE IN THE CITY OF LAKEWOOD, COUNYY OF PIERCE, STATE OF WASHINGTON. the postal address of which is more commonly known as 5408 Steilacoom Road S.W., Lakewood, Washington 98499, which is subject to that certain Deed of Trust dated May 21, 2008 and recorded on May 23, 2008 under Recording No. 200805230314, records of Pierce County, Washington, from Gladys K. Semakula and Dwight Randolph, as Grantor, to UPF Services LLC, as Trustee, in favor of Westside Community Bank, Beneficiary. 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: a. Failure to pay the following past due amounts, which are in arrears: Payment due in full on May 21, 2009 of (a) the Promissory Note dated 5/21/08 in the original principal amount of $25,000.00; and (b) the Promissory Note dated 5/21/08 in the original principal amount of $397,000.00 (both notes were reduced to judgment on November 4, 2011):^$451,080.78 Accrued Post-Judgment Interest as of January 23, 2012 (per diem interest is $148.30):^$12,160.61 Judgment for Attorney's Fees and Costs Incurred in the Previous Litigation Concerning the Notes and this Deed of Trust:^$4,269.00 TOTAL PAST DUE PAYMENTS, INTEREST, AND MISCELLANEOUS COSTS: ^$464,544.39 b. Defaults other than failure to make payments: N/A IV. The sum owing on the obligation secured by the Deed of Trust is: Principal of $451,080.78, together with interest as provided in the Notes secured from May 21, 2008, and such other costs, fees and penalties as are due under the Notes 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 April 27, 2012. The defaults referred to in Paragraph III must be cured by April 16, 2012 (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before April 16, 2012 (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 by the Grantor any time after April 16, 2012 (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 principal and interest secured by the Deed of Trust, plus costs, interest, late charges, fees and advances, if any, made pursuant to the terms of the obligations 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 Borrowers, Grantors and/or Guarantors at the following addresses: Gladys K. Semakula 1441 North Villard Tacoma, WA 98406 Dwight Randolph 1441 North Villard Tacoma, WA 98406 Gladys K. Semakula 5408 Steilacoom Road SW Lakewood, WA 98499 Dwight Randolph 5408 Steilacoom Road SW Lakewood, WA 98499 Tenant/Occupant 5408 Steilacoom Road SW Lakewood, WA 98499 by both first class and certified mail, on December 12, 2011, proof of which is in the possession of the Trustee; the written Notice of Default was also posted in a conspicuous place on the real property described in Paragraph I above on December 14, 2011. The Trustee has in Trustee's possession proof of such service/posting. VII. The Trustee, whose name and address is 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 Grantors and all those who hold by, through or under Grantors, 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. 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 AND NON-RESIDENTIAL tenants. After the 20th day follo
wing the sale the purchaser has the right to evict occupants AND NONRESIDENTIAL tenants by summary proceedings under chapter 59.12 RCW. For RESIDENTIAL tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. RESIDENTIAL TENANT-OCCUPIED PROPERTY MEANS PROPERTY COMPRISED SOLELY OF A SINGLE-FAMILY RESIDENCE, OR A CONDOMINIUM, COOPERATIVE, OR OTHER DWELLING UNIT IN A MULTIPLEX OR OTHER BUILDING CONTAINING FEWER THAN FIVE RESIDENTIAL UNITS. XI. Notice to Guarantors If this Notice is being mailed or directed to any Guarantor, said Guarantor should be advised that: (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. DATED this 24 day of January, 2012. EISENHOWER & CARLSON, PLLC Successor Trustee By: Alexander S. Kleinberg, Member Address: 1201 Pacific Avenue, Suite 1200 Tacoma, WA 98402 (253) 572-4500 STATE OF WASHINGTON)ss. County of Pierce) I certify that I know or have satisfactory evidence that Alexander S. Kleinberg is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledge it as a Member of Eisenhower & Carlson, PLLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this 24th day of January, 2012. NOTARY PUBLIC Name: Jennifer K. Fernando Notary Public in and for the State of Washington, residing at: Bonney Lake My Appointment Expires: 10/21/ 14 March 28, April 17