Bennison Krause -DECLARATION OF FORFEITURE
Published 1:30 am Thursday, March 26, 2026
DECLARATION OF FORFEITURE
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 NW
Gig Harbor, WA 98394
Tenants in Possession
5909 176TH AVE NW
Gig Harbor, WA 98394
Other Holders/Claimants of Record (see RCW 61.30.040)
THE UNDERSIGNED SELLER HEREBY DECLARES AS FOLLOWS:
(a) The name, address and telephone number of the seller:
Richard D. Bennison (2/3) Dane C. Clement (1/3) 7720 Goodman Dr NW
Gig Harbor, WA 98335
(253) 948-6359
(b) Description of Contract: Real Estate Contract dated March 3, 2004, executed by Richard D. Bennison (2/3), a married man as his separate estate (now widower) and Dane C. Clement (1/3), as sellers, and Malcolm and Eliana Krause, husband and wife, as purchaser, which contract or a memorandum thereof was recorded under Auditor’s file No. 200403121008 on March 12, 2004, records of Pierce County, Washington, and Promissory Note dated December 30, 2010.
(c) Legal description of the property:
See Exhibit A
(d) Forfeiture: The contract described above is forfeited, the purchaser’s rights under the contract are canceled and all right, title and interest in the property of the purchaser and of all persons claiming an interest in all or any portion of the property, through the purchaser, or which is otherwise subordinate to the sellers interest in the property, are terminated except as otherwise stated regarding the following persons and claims:
Tenants in Possession
(e) Surrender of Possessions: All Persons whose rights in the property have been terminated and who are in or come into possession of any portion of the property (including improvements and unharvested crops and timber) are required to surrender such possession to the seller not later than April 3, 2026 (101 days after Notice of Intent to Forfeit was recorded).
(f) Compliance with Statutory Procedure: The contract forfeiture was conducted in compliance with all requirements of Chapter 61.30 RCW and the applicable provisions of the contract described above.
(g) Action to Set Aside: The purchaser and any person claiming any interest in the purchaser’s rights under the contract or in the property who were given the Notice of Intent to Forfeit and the Declaration of Forfeiture have the right to commence a court action to set aside the forfeiture by filing and serving the summons and complaint within sixty days after the date this declaration of forfeiture is recorded, which is on or after March 23, 2026 (90 days after date Notice of Intent to Forfeit was recorded) if the seller did not have the right to forfeit the contract or failed to comply with the provisions of Chapter 61.30 RCW in any material respect. DATED: March 18, 2026
/Richard D. Bennison/
Richard D. Bennison
STATE OF WASHINGTON )
) ss.
County of Pierce )
I, certify that I know or have satisfactory evidence that Richard D. Bennison is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposed mentioned in this instrument.
SUBSCRIBED & SWORN to before me on March 18, 2026.
/Jennifer Frye/
NOTARY PUBLIC in and for the State
of Washington, residing at Tacoma
My Commission Expires 02-28-2029
DATED: March 18, 2026
/Dane C. Clement/
Dane C. Clement
STATE OF WASHINGTON )
) ss.
County of Pierce )
I, certify that I know or have satisfactory evidence that Dane C. Clement is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposed mentioned in this instrument.SUBSCRIBED & SWORN to before me on March 18, 2026.
/Jennifer L. Frye/
NOTARY PUBLIC in and for the State
of Washington, residing at Tacoma
My Commission Expires 02-28-2029
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-1028555
March 26, 2026
