In Re: 2025-100832
TS No: 2025-100832 Order No. 2439043-05 NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ. Grantor/Trustor: YARETON HOTEL INVESTMENT MANAGEMENT, L.L.C., a Delaware limited liability company Current beneficiary of the deed of trust: DELPHI CRE FUNDING LLC, a Delaware limited liability company, as Agent Current trustee of the deed of trust: Beacon Default Management, Inc., a Washington corporation Current mortgage servicer of the deed of trust: ACORE CAPITAL MORTGAGE, LP Reference number of the deed of trust: 202108260952 Parcel number(s): 901065-0010, 901076-0010, 901076-0020, 901076-0030, 901076-0040, 901076-0050, 901076-0060 I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on 10/3/2025, at 10:00 AM at Outside the Second Floor Entry Plaza Outside the Pierce County Courthouse located at 930 Tacoma Avenue South, Tacoma, WA 98402 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: Abbreviated Legal Description: PARCEL I: Unit 1, TACOMA HOTEL MASTER CONDOMINIUM, a Condominium, Recording No. 202108180125. PARCEL II: Units, 1, 2, 5, and 6, TACOMA HOTEL GARAGE, a Condominium, Recording No. 202108180124 SEE ATTACHED EXHIBIT “A” FOR LEGAL DESCRIPTION SEE ATTACHED EXHIBIT “B” FOR PERSONAL PROPERTY Property commonly known as: 1538 Commerce Street Tacoma, WA 98402 which is subject to that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated 8/26/2021, recorded 8/26/2021, under Auditor’s File No. 202108260952, in the records of Pierce County, Washington, from YARETON HOTEL INVESTMENT MANAGEMENT, L.L.C., a Delaware limited liability company, as Grantor, to Old Republic Title, LTD., as Trustee, to secure an obligation in favor of BDS IV MORTGAGE CAPITAL J LLC, a Delaware limited liability company, as 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 Trustor’s or Grantor’s default on the obligation secured by the Deed of Trust/Mortgage. III. The default(s) for which this foreclosure is made is/are as follows: (i) Failure to pay the unpaid balance which became all due and payable on September 5, 2024; (ii) failure to pay interest and default interest; (iii) failure to pay/reimburse Beneficiary for protective advances, attorney’s fees, and other expenses and costs of collection; and (iv) failure to pay/reimburse Beneficiary for trustee and foreclosure fees, costs, and expenses. PAYMENT INFORMATION: as of June 23, 2025
PAYOFF INFORMATION
Principal Balance
$69,833,288.45
Interest
$135,287.37
Default Interest
$68,055.55
Advances
$11,443,725.05
Lender’s Foreclosure Legal Fees
$85,188.00
ACORE Processing Fee
$2,500.00
Servicer Processing Fee
$500.00
Reserves
-$516,395.53
Trustee’s Fees
$33,600.00
Trustee Sale Guarantee
$35,300.97
Recording Fees
$360.00
Mailing Fees
$140.10
Posting Fee $200.00
TOTALS: $81,121,749.96
IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $69,833,288.45, together with interest as provided in the Note from 6/17/2025, and such other costs and fees 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. Said sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on 10/3/2025. The defaults referred to in Paragraph III must be cured by 9/22/2025 (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 9/22/2025 (11 days before the sale) the default as set forth in Paragraph III is cured and the Trustee’s fees and costs are paid. Payment must be in cash or with cashiers or certified checks from a state or federally chartered bank. The sale may be terminated any time after 9/22/2025 (11 days before the sale date) and before the sale, by the Trustor or Grantor or the Trustor’s or Grantor’s successor-in-interest or the holder of any recorded junior lien or encumbrance by paying the 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 Trustor and Grantor at the following address(es): SEE ATTACHED EXHIBIT “C” FOR LIST OF MAILINGS by both first class and certified mail on 5/28/2025, proof of which is in the possession of the Trustee; 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 the Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property. IX. Anyone having any objections to this 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 GUARANTOR(S) – pursuant to RCW 61.24.042, notice is hereby given to the Guarantors of a commercial loan 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 guarantee 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. XI. 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 who are not tenants. After the 20th day following the sale the purchaser has the right to evict occupants who are not tenants by summary proceedings under chapter 59.12 RCW. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. [Intentionally left blank, signature on next page] DATED: 6/27/2025 Beacon Default Management, Inc., a Washington corporation, as Successor Trustee Selina I. Parelskin, Authorized Signatory For additional information or service, you may contact: Beacon Default Management, Inc. 4201 Aurora Ave N, Suite 200 Seattle, WA 98103 Phone: (206) 347-1060 ? EXHIBIT “A” Parcel I: Unit 1, Tacoma Hotel Master Condominium, a Condominium, according to the Declaration recorded August 18, 2021, under Recording No. 202108180125, and Survey Map under Recording No. 202108185003, and any Amendments thereto, records of Pierce County, Washington. Together with easements for vehicular and pedestrian ingress and egress over the roads and drive aisles with any Master Unit and the common elements granted in said Declaration. Parcel II: Units 1, 2, 5 and 6, Tacoma Hotel Garage, a Condominium, according to the Declaration recorded August 18, 2021, under Recording No. 202108180124, and Survey Map under Recording Number 202108185002, and any Amendments thereto, records of Pierce County, Washington. Together with easements for vehicular and pedestrian ingress and egress and common elements granted in said Declaration. ? EXHIBIT “B” (a) Land. The real property described in Exhibit A attached hereto and made a parthereof (collectively, the “Land”); (b) Additional Land. All additional lands, estates and development rights hereafter acquired by Trustor for use in connection with the Land and the development of the Land and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise be expressly made subject to the lien of this Security Instrument; (c) Master Condominium Interests and Rights. Unit 1 of the Tacoma Hotel Master Condominium, and the appurtenant common elements of the condominium as described in the Master Condominium Documents (as defined in the that certain Loan Agreement (“Loan Agreement”) dated as of August 26, 2021) (the “Master Condominium”), and more particularly described on Exhibit A attached hereto and made a part hereof and the rights of Trustor as a Master Unit Owner and Declarant under the Master Condominium Documents; (d) Parking Garage Condominium Interests and Rights. Units 1, 2, 5 and 6 of the Tacoma Hotel Garage Condominium, and the appurtenant common elements of the condominium as described in the Parking Garage Condominium Documents (as defined in the Loan Agreement) (the “Parking Garage Condominium”), and more particularly described on Exhibit A attached hereto and made a part hereof and the rights of Trustor as an Owner and Declarant under the Parking Garage Condominium Documents; (e) Improvements. The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (collectively, the “Improvements”); (f) Easements. All easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements, and the reversions and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights, titles, interests, rights of dower, rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Trustor of, in and to the Land and the Improvements, and every part and parcel thereof, with the appurtenances thereto; (g) Equipment, Fixtures and Personal Property. All machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications elevator fixtures, inventory and goods), inventory and articles of personal property and accessions thereof and renewals, replacements thereof and substitutions therefor (including, but not limited to, beds, bureaus, chiffonniers, chests, chairs, desks, lamps, mirrors, bookcases, tables, rugs, carpeting, drapes, draperies, curtains, shades, venetian blinds, screens, paintings, hangings, pictures, divans, couches, luggage carts, luggage racks, stools, sofas, chinaware, linens, pillows, blankets, glassware, silverware, foodcarts, cookware, dry cleaning facilities, dining room wagons, keys or other entry systems, bars, bar fixtures, liquor and other drink dispensers, icemakers, radios, television sets, intercom and paging equipment, electric and electronic equipment, dictating equipment, private telephone systems, medical equipment, potted plants, heating, lighting and plumbing fixtures, fire prevention and extinguishing apparatus, cooling and air-conditioning systems, elevators, escalators, fittings, plants, apparatus, stoves, ranges, refrigerators, laundry machines, tools, machinery, engines, dynamos, motors, boilers, incinerators, switchboards, conduits, compressors, vacuum cleaning systems, floor cleaning, waxing and polishing equipment, call systems, brackets, electrical signs, bulbs, bells, ash and fuel, conveyors, cabinets, lockers, shelving, spotlighting equipment, dishwashers, garbage disposals, washers and dryers), other customary hotel equipment and other tangible property of every kind and nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Land and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Trustor, or in which Trustor has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Land and the Improvements (those portions of the foregoing constituting equipment under applicable Legal Requirements (as defined in the Loan Agreement), the “Equipment”, those portions of the foregoing constituting personal property under applicable Legal Requirements, the “Personal Property”, those portions of the foregoing constituting fixtures under applicable Legal Requirements, the “Fixtures” and all of the foregoing, collectively, the “Equipment, Fixtures and Personal Property”), including the right, title and interest of Trustor in and to any of the foregoing which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the “Uniform Commercial Code”), and all proceeds and products of all of the above; (h) Leases and Rents. All leases, subleases, subsubleases, lettings, licenses, rental agreements, registration cards and agreements, concessions or other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy all or any portion of the Land and the Improvements, and every modification, amendment or other agreement relating to such leases, subleases, subsubleases, or other agreements entered into in connection with such leases, subleases, subsubleases, or other agreements and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, heretofore or hereafter entered into, whether before or after the filing by or against Trustor of any petition for relief under any Creditors Rights Laws (as defined in the Loan Agreement) (collectively, the “Leases”) and all right, title and interest of Trustor, its successors and assigns therein and thereunder, including, without limitation, cash, letters of credit or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, all oil and gas or other mineral royalties and bonuses), income, receivables, receipts, revenues, deposits (including, without limitation, security, utility and other deposits), accounts, cash, issues, profits, charges for services rendered, registration fees, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Trustor or its agents or employees from any and all sources arising from or attributable to the Property, including, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Trustor or Manager (as defined in the Loan Agreement) and proceeds, if any, from business interruption or other loss of income insurance whether paid or accruing before or after the filing by or against Trustor of any petition for relief under any Creditors Rights Laws including, without limitation, all hotel receipts, revenues and credit card receipts collected from guest rooms, restaurants, bars, mini- bars, meeting rooms, banquet rooms and recreational facilities and otherwise, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of possession, use and/or occupancy of the Property (or any portion thereof) and/or rendering of services by Trustor or any operator or manager of the hotel or the commercial space located in the Improvements or acquired from others (including, without limitation, from the rental of any office space, retail space, guest rooms or other space, halls, stores, and offices, and deposits securing reservations of such space), license, lease, sublease and concession fees and rentals, health club membership fees, food and beverage wholesale and retail sales, service charges, vending machine sales (collectively, the “Rents”) and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt (as defined in the Loan Agreement); (i) Insurance Proceeds. All insurance proceeds in respect of the Property under any Policies (as defined in the Loan Agreement) covering the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Property (collectively, the “Insurance Proceeds”); (j) Condemnation Awards. All awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Property by reason of any taking or condemnation, whether from the exercise of the right of eminent domain (including, but not limited to, any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Property (collectively, the “Awards”); (k) Tax Certiorari. All refunds, rebates or credits in connection with reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction; (l) Rights. The right, in the name and on behalf of Trustor, to appear in and defend any action or proceeding brought with respect to the Property and to commence any action or proceeding to protect the interest of Lender in the Property; (m) Agreements. All agreements (including, without limitation, the Master Condominium Documents , the Parking Garage Condominium Documents and the Franchise Agreement (as defined in the Loan Agreement), contracts, certificates, instruments, franchises, permits, licenses, plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Land and any part thereof and any Improvements or any business or activity conducted on the Land and any part thereof and all right, title and interest of Trustor therein and thereunder, including, without limitation, the right, upon the happening of any Event of Default under the Loan Agreement, to receive and collect any sums payable to Trustor thereunder and all management, service, supply and maintenance contracts and agreements (collectively, the “Agreements”); (n) Intangibles. All tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property; (o) Accounts. All (I) reserves, escrows and deposit accounts maintained by or on behalf of Trustor with respect to the Property, including, without limitation, any and all reserve accounts maintained in connection with the Franchise Agreement and/or the Equipment, Fixtures and Personal Property; together with all deposits or wire transfers made to such accounts and all cash, checks, drafts, certificates, securities, investment property, financial assets, instruments and other property held therein from time to time and all proceeds, products, distributions or dividends or substitutions thereon and thereof and (II) right, title and interest of Trustor arising from the operation of the Land and the Improvements in and to all payments for goods or property sold or leased or for services rendered, whether or not yet earned by performance, and not evidenced by an instrument or chattel paper (hereinafter referred to as “Accounts Receivable”), including, without limiting the generality of the foregoing, (A) all accounts, contract rights, book debts, and notes arising from the operation of a hotel on the Land and the Improvements or arising from the sale, lease or exchange of goods or other property and/or the performance of services, (B) Trustor’s rights to payment from any consumer credit/charge card organization or entities which sponsor and administer such cards as the American Express Card, the Visa Card and the Mastercard, (C) Trustor’s rights in, to and under all purchase orders for goods, services or other property, (D) Trustor’s rights to any goods, services or other property represented by any of the foregoing, (E) monies due to or to become due to Trustor under all contracts for the sale, lease or exchange of goods or other property and/or the performance of services including the right to payment of any interest or finance charges in respect thereto (whether or not yet earned by performance on the part of Trustor) and (F) all collateral security and guaranties of any kind given by any person or entity with respect to any of the foregoing. Accounts Receivable shall include those now existing or hereafter created, substitutions therefor, proceeds (whether cash or non-cash, movable or immovable, tangible or intangible) received upon the sale, exchange, transfer, collection or other disposition or substitution thereof and any and all of the foregoing and proceeds therefrom (collectively, the “Accounts”); (p) Interest Rate Protection Agreement. The Interest Rate Protection Agreement (as defined in the Loan Agreement), including, but not limited to, all “accounts”, “chattel paper”, “general intangibles” and “investment property” (as such terms are defined in the Uniform Commercial Code as from time to time in effect) constituting or relating to the foregoing; and all products and proceeds of any of the foregoing;; (q) Proceeds. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing items, including, without limitation, Insurance Proceeds and Awards (as such terms are defined in the Loan Agreement), whether cash, liquidation or other claims, or otherwise; and (r) Other Rights. Any and all other rights of Borrower in and to the items set forth in subsections (a) through (q) above.
EXHIBIT “C”
NAME
ADDRESS
Artemis Hotel USA LLC 22406 Pacific Highway South
Des Moines, WA 98198
Chun Yang 22406 Pacific Highway South
Des Moines, WA 98198
CT Corporation System 28 Liberty Street
New York, New York 10005
First American National Commercial Services 1850 K Street NW, Suite 1050
Washington, DC 20006
Law Office of Laura Faibish 952 Old County Road
Severna Park, MD 21146
Marriott International, Inc. 10400 Fernwood Road
Dept. 52/923.27
Bethesda, MD 20817
Occupants/Tenants 1538 Commerce Street
Tacoma, WA 98402
Oseran Hahn
Attention: Thomas Hansen, Esq. 929-108th Avenue NE
Suite 1200
Bellevue, Washington 98004
Yareton Hotel Investment Management, L.L.C. a Delaware limited Liability 22406 Pacific Highway South
Des Moines, WA 98198
Yareton Hotel Investment Management, L.L.C., a Delaware limited Liability 1538 Commerce Street
Tacoma, WA 98402
IDX-1018303
September 2, 22, 2025