NOTICE OF INTENT TO FORFEIT
Published 1:30 am Tuesday, December 23, 2025
NOTICE OF INTENT TO FORFEIT
Pursuant to Chapter 61.30, R.C.W.
Seller: Richard D. Bennison (2/3) Dane C. Clement (1/3) Purchaser: Malcolm and Eliana Krause
Legal Description: L3 per survey 8205110170, Ptn NW Q S14, T2, R1 W
Assessor’s Tax Parcel #: 0021142038, 5000044435, 5000003195
Reference Nos. of Documents REK 200403121008
Released or Assigned: TO: Malcolm and Eliana Krause
2020 South 363rd Place
Federal Way, WA 98003
Malcolm and Eliana Krause
5909 176th Ave
Gig Harbor, WA 98394
Tenants in Possession
5909 176th Ave
Gig Harbor, WA 98394
YOU ARE HEREBY NOTIFIED that the Real Estate Contract described below, Addendum to Real Estate Contract dated March 3, 2004, and Promissory Note dated December 30, 2010, are in default and you are provided with the following information with respect thereto:
(a) The name, address and telephone number of the seller and, if any, the seller’s agent or attorney giving the notice:
Richard D. Bennison (2/3) Dane C. Clement (1/3) Seller’s Name 7720 Goodman Dr NW Gig Harbor, WA 98335 Address (253) 948-6359 Telephone Number
Kim A. Hann
Agent/Attorney’s Name
3318 Bridgeport Way W, Ste. D
University Place, WA 98466 Address (253) 238-6297 Telephone Number (b) Description of the Contract: Real Estate Contract dated March 3, 2004, executed by Richard D. Bennison (2/3) Dane C. Clement (1/3), a married man as his separate estate (now widower), as seller, and Malcolm and Eliana Krause, husband and wife, as purchaser, with Contract or a memorandum thereof was recorded under No. 200403121008 on March 12, 2004, records of Pierce County, Washington.
(c) Legal description of the property:
See Exhibit A
(d) Description of each default under the Contract on which the notice is based:
1. Failure to pay the following past due items, the amounts and an itemization for which are given in (g) and (h) below: Monthly payments, insurance, and late charges
2. Other defaults: Real Estate Taxes & Insurance
(e) Failure to cure all of the defaults listed herein on or before March 23, 2026 (90 days after date this notice is recorded), will result in the forfeiture of the Contract.
(f) The forfeiture of the Contract will result in the following:
1. All right, title and interest in the property of the purchaser and of all persons claiming through the purchaser or whose interests are otherwise subordinate to the seller’s interest in the property shall be terminated;
2. The purchaser’s rights under the Contract shall be canceled;
3. All sums previously paid under the Contract shall belong to and be retained by the seller or other person to whom paid and entitled thereto;
4. All of the purchaser’s rights in all improvements made to the property and in unharvested crops and timber thereon shall belong to the seller; and
5. The purchaser and all persons occupying the property whose interests are forfeited shall be required to surrender possession of the property, improvements and unharvested crops and timber to the seller on April 3, 2026 (101 days after date this notice is recorded).
(g) The following is a statement of payments of money in default (or, where indicated, an estimate thereof) and for any defaults not involving the failure to pay money the action required to cure the default:
1. Monetary delinquencies:
Item Amount
Payments-Interest Only (06/01/24-12/01/25) $30,130.59
Late Charges (06/01/24-12/01/25) $1,900.00
Insurance (06/01/24-12/01/25) $2,451.00
Bank Transaction Costs $0.00
Real Estate Taxes, Interest, Penalties (2024-2025) $ 9,822.57
Subtotal $44,304.16
2. Action required to cure any non monetary default: Provide proof of payment of real estate taxes, interest and penalties and proof of adequate hazard insurance.
(h) The following is a statement of other payments, charges, fees and costs to cure the default:
(Estimated)
Item Amount
Title Report $1,182.52
Process Service, Posting $500.00
Postage $123.40
Copies $42.00
Publication Fee $1,500.00
Recording Fees $615.00 (308.50 + 306.50)
Attorney’s Fee $1,600.00
Subtotal $5,562.92
TOTAL $49,867.08
The total amount necessary to cure the default is the sum of the amounts in (g)(l) and (h), which is $49,867.08, plus the amount of any payments, insurance, and late charges which fall due after the date of this Notice of Intent to Forfeit and on or prior to the date the default is cured. Monies required to cure the default may be tendered to Kim A. Hann, P.S., Inc., Trust at the following address: 3318 Bridgeport Way W, Ste. D, University Place, WA 98466
(i) Any person to whom this notice is required to be given has the right to contest the forfeiture or to seek an extension of time to cure the default if the default does not include a failure to pay money, or both, by commencing a court action by filing and serving the summons and complaint before the declaration of forfeiture is recorded which is on or after March 24, 2026. NO EXTENSION IS AVAILABLE FOR DEFAULTS, WHICH ARE A FAILURE TO PAY MONEY.
(j) The person to whom the notice is given may have the right to request a court to order a public sale of the property; that such public sale will be ordered only if the court finds that the fair market value of the property substantially exceeds the debt owed under the contract and any other liens having priority over the seller’s interest in the property; that the excess, if any, of the highest bid at the sale over the debt owed under the contract will be applied to the liens eliminated by the sale and the balance, if any, paid to the purchaser; that the court will require the person who requests the sale to deposit the anticipated sale costs with the clerk of the court; and that any action to obtain an order for public sale must be commenced by filing and serving the summons and complaint before the declaration of forfeiture is recorded;
(k) The seller is not required to give any person any other notice of default before the declaration which completes the forfeiture is given.
EARLIER NOTICE SUPERSEDED: This Notice of Intent to Forfeit supersedes any Notice of Intent to Forfeit which was previously given under this Contract and which deals with the same defaults.
DATED: December 18, 2025 KIM A. HANN, P.S., INC.
By: /Kim A. Hann/
Kim A. Hann
Attorney for Sellers
STATE OF WASHINGTON )
) ss.
COUNTY OF PIERCE )
ON THIS DAY before me, a Notary Public in and for the state of Washington, duly commissioned and sworn, personally appeared KIM A. HANN, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal on December 18, 2025. /Jennifer Frye/ NOTARY PUBLIC in and for the State of Washington, residing at: Tacoma
My Commission Expires: 02-28-2029
FAIR DEBT COLLECTIONS ACT NOTICE
UNLESS YOU NOTIFY THIS OFFICE WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME THIS DEBT IS VALID. IF YOU NOTIFY THIS OFFICE OF ANY SUCH DISPUTE IN WRITING WITHIN 30 DAYS FROM RECEIVING THIS NOTICE, THIS OFFICE WILL OBTAIN VERIFICATION OF THE DEBT OR OBTAIN A COPY OF A JUDGMENT, IF ANY, AND WILL MAIL YOU A COPY OF SUCH VERIFICATION OR JUDGMENT. IF REQUESTED BY YOU IN WRITING WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE, THIS OFFICE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. ANY SUCH REQUEST MAY NOT PREVENT US FROM FILING A LAWSUIT, OR FROM PROCEEDING WITH A LAWSUIT, IF ONE HAS BEEN FILED, WITHIN THE ABOVE TIME PERIODS.
EXHIBIT A
LOT 3, AS SHOWN ON SURVEY NO. 8205110170, FILED WITH THE PIERCE COUNTY AUDITOR, IN PIERCE COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 21 NORTH, RANGE 1 WEST, W.M., IN PIERCE COUNTY WASHINGTON.
EXCEPT THE EASTERLY 100 FEET THEREOF (THE WESTERLY LINE OF SAID EASTERLY 100 FEET RUNNING PARALLEL WITH THE EASTERLY LINE OF SAID TRACT 3).
TOGETHER WITH A 1981 66’ X 14’ PEERLESS MOBILE HOME VIN# 09L17821
TOGETHER WITH A 1969 60’ X 12’ VAN DYKE MOBILE HOME VIN# S6298 SUBJECT TO THE FOLLOWING:
DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR: RICHARD D. BENNISON, AS HIS SEPARATE ESTATE, ROBIN D. RICKARD, AS HIS SEPARATE ESTATE AND DANE D. CLEMENT, AS HIS SEPARATE ESTATE EACH AS TO AN UNDIVIDED 1/3 INTEREST
TRUSTEE: CHICAGO TITLE INSURANCE COMPANY
BENEFICIARY: COLUMBIA STATE BANK
AMOUNT: $135,000.00
DATED: SEPTEMBER 13, 1995
RECORDED: SEPTEMBER 27, 1995
RECORDING NUMBER: 9509270743
LOAN NUMBER: 00001
THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE
SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF
THE INDEBTEDNESS SECURED. ASSIGNMENT OF RENTS AND/OR LEASES AND THE TERMS AND CONDITIONS THEREOF:
ASSIGNOR: RICHARD D. BENNISON, AS HIS SEPARATE ESTATE, ROBIN D. RICKARD, AS HIS SEPARATE ESTATE AND DANE D. CLEMENT, AS HIS SEPARATE ESTATE EACH AS TO AN UNDIVIDED 1/3 INTEREST
ASSIGNEE: COLUMBIA STATE BANK
DATED: SEPTEMBER 13, 1995
RECORDED: SEPTEMBER 27, 1995
RECORDING NUMBER: 9509270744 RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN
DESCRIBED AS GRANTED IN DEED:
RECORDED: JUNE 13, 1949
RECORDING NUMBER: 1523596
GRANTEE: PIERCE COUNTY
CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENT PROVISIONS, DEDICATION AND STATEMENTS AS SHOWN ON SURVEY NUMBER 8205110170.
EASEMENT FOR PRIVATE ROAD AND UTILITIES, AS DELINEATED ON THE PLAT. IDX-1024341
December 23, 30, 2025
