In Re: Carlton David Lewis
NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN
PURSUANT TO THE REVISED CODE OF WASHINGTON
CHAPTER 61.24 ET. SEQ.
Grantor: Carlton David Lewis, Trustee of the Mary Ellen Lewis Living Trust
Beneficiary: VERNA DANIELSON
Original Trustee: Bishop, Cunningham, and Andrews, Inc. (P.S.)
Current Trustee: GSJones Law Group, P.S.
Current Servicer of the Deed of Trust: None
Reference Number of the Deed of Trust: 202306200686
Legal Description: Section 15 Township 290 Range 03 Quarter 22 Add: McKinley Park Add 11 & 12 B 16
Tax Parcel No.: 5670001690
NOTICE IS HEREBY GIVEN that on October 25th 2024, at 9:00 AM 2nd FLOOR ENTRY PLAZA OUTSIDE THE COUNTY COURTHOUSE, PIERCE COUNTY SUPERIOR COURTHOUSE, 930 TACOMA AVENUE SOUTH, TACOMA,WA 98402 the undersigned Trustee, GSJones Law Group, P.S. will sell at public auction to the highest and best bidder, payable in the form of cash, or cashier’s check or certified checks from federally or State chartered banks, at the time of sale, the following-described real property, situated in the County of Pierce, State of Washington, to wit:
Section 15 Township 290 Range 03 Quarter 22 Add: McKinley Park Add 11 & 12 B 16
More commonly known as: 3626 E J Street, Tacoma, Washington
The afore-described real property is subject to that certain Deed of Trust dated June 20, 2023, recorded June 20, 2023 under Auditor’s File No. 202306200686, records of Pierce County, State of Washington, from Carlton David Lewis, Trustee of the Mary Ellen Lewis Living Trust as Grantor to Bishop, Cunningham, and Andres, Inc. (P.S.) as Trustee, to secure an obligation in favor of VERNA DANIELSON, the 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, Grantor’s, or any successor in interest’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:
PAYMENT INFORMATION – COMMERCIAL LOAN MATURED 8/31/2023
Principal: $98,602.74
Accrued Interest: $7,266.89
Unpaid Per Diem Interest $27.01
PROMISSORY NOTE INFORMATION-COMMERCIAL LOAN MATURED 8/31/2023
Note Dated: 4/3/2022
Note Amended on: 5/3/2023
Note Amount: $100,000.00
Interest Paid To: 10/30/2023
Maturity Date 8/31/2023
IV.
The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $98,602.74, together with interest as provided in the Note or other instrument secured from 10/30/2023, and such other costs and fees as are due under the Note or other instrument secured, and as are provided by statute.
V.
The sum owing on the obligation secured by the Deed of Trust is $98,602.74 together with interest as provided in the underlying Note and such other costs and fees as are due under the Note and Deed of Trust and as are provided by statutes. Of course, as time passes other payments may become due, and any further payments coming due and any additional late charges must be added to the reinstating payment. Any new defaults not involving payment of money that occur after the date of this notice must also be cured in order to effect reinstatement. In addition, because some of the charges can only be estimated at this time and because the amount necessary to reinstate may include presently unknown expenditures required to preserve the property, or to comply with state or local laws, it is necessary for you to contact the Trustee before the time you tender reinstatement so that you may be advised of the exact amount you will be required to pay. Tender of payment of performance must be in the full amount by certified funds or cash equivalent to the Trustee whose address is:
Trustee:
Norm K. Short, Attorney at Law GSJones Law Group, P.S.
Trustee Address:
1155 Bethel AVE
Port Orchard WA 98366
Trustee Phone number: 360-876-9221
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 October 25, 2024. The default(s) referred to in paragraph III must be cured by October 14, 2024 (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 October 14, 2024 (11 days before the sale date) the default(s) as set forth in paragraph III are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after October 14, 2024 (11 days before the sale date) and before the sale by the Borrower, Grantor, any Guarantor, any successor in interest, 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 Trustee to the Borrower, Grantor, and any successor at the following addresses:
Carlton David Lewis, Trustee of the Mary Ellen Lewis Living Trust
3626 E J Street
Tacoma, WA 98504
Yelm Property Development, LLC
P.O. Box 866
Chehalis, WA 98532-0866
to Carlton David Lewis first class and certified mail on June 6, 2024, and to Yelm Property Development, LLC first class and certified mail on June 18, 2024, proof of which is in the possession of the Trustee; and on June 8, 2024 the Borrower, Grantor, and any successor in interest 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 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 that Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property.
IX
Anyone having an objection to the sale on any grounds whatsoever are afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to the Revised Code of Washington, Chapter 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee’s Sale. Service of process of any lawsuit or legal action may be made on Attorney Norm K. Short, GSJones Law Group, P.S., whose address is: 1155 Bethel Ave, Port Orchard, WA 98366.
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 tenants. After the 20th day following the sale the purchaser has the right to evict occupants and tenants by summary proceedings under the Unlawful Detainer Act, Chapter 59.12 RCW.
XI
Notice of Guarantor:
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. 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 cost.
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 he Trustee’s Sale. The Guarantor will have no right to redeem the Property after the Trustee’s Sale, or the last Trustee’s Sale. Any action 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 (subject to such longer periods as are provided in RCW 61.24).
DATED this 24th day of July, 2024.
NORM K. SHORT, WSBA #22925
of GSJONES LAW GROUP, P.S.
Successor Trustee of the Deed of
Trust dated June 23, 2023, and
recorded under Pierce County
Auditor’s File # 202306200686
IDX-1000016
September 20, October 11, 2024