In Re: Anthony West and Scott Lay v. Colin E. MacLeod and Ian M. MacLeod

NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN

GRANTOR: Anthony West and Scott Lay CURRENT BENEFICIARY OF THE DEED OF TRUST: Colin E. MacLeod and Ian M. MacLeod CURRENT TRUSTEE OF THE DEED OF TRUST: J. Richard McEntee, Jr. CURRENT MORTGAGE SERVICER OF DEED OF TRUST: N/A REFERENCE NUMER OF THE DEED OF TRUST: 201805310808 PARCEL NUMBERS: 002235-4013 Pursuant to the Revised Code of Washington, Chapter 61.24 RCW: I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, J. Richard McEntee, Jr., will on Friday, March 15, 2024, at 10:00am at the following location: at the 2nd floor entry plaza outside the Pierce County Courthouse, 930 Tacoma Avenue, Tacoma, Pierce County, State of 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, to wit: THE WEST HALF OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 22 NORTH, RANGE 1 WEST OF THE W.M., IN PIERCE COUNTY, WASHINGTON. EXCEPT THEREFROM WRIGHT BLISS COUNTY ROAD; SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON. Assessor’s Parcel Number: 002235-4013 The afore-described real property is subject to that certain Deed of Trust dated May 25, 2018, and recorded on May 31, 2018, under Auditor’s File No. 201805310808, records of Pierce County, State of Washington from Anthony Wayne West, an unmarried person and Scott T. Lay, an unmarried person, as Grantor to Chicago Title Insurance Company, a corporation, as Trustee, to secure an obligation in favor of Colin E. MacLeod, an unmarried person, and Ian M. MacLeod, an unmarried person, as Beneficiary. Said Deed of Trust was amended to give notice of an additional advance by a document recorded on November 14, 2018, under Auditor’s File No. 201811140210, records of Pierce County, Washington. 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 defaults for which this foreclosure is made are as follows: Failure to pay when due the following amounts which are now in arrears:

Unpaid principal balance of the Note secured by the above referenced Deed of Trust in the amount of $900,000.00 which was due June 1, 2019. As of the date of the Notice of Default, November 4, 2023, you currently owe $184,500.00 in unpaid interest and $18,450.00 in late fees. You currently owe the beneficiaries the total amount of principal, interest, and late fees of $1,102,950.00. Further, the terms of the secured note call for interest after default at the rate of sixteen percent (16%) per annum until the secured note is fully paid. According to the terms of the note unpaid interest and charges at the time of default may be included as part of the amount due and subject to the default interest rate. As such, the total amount due is now accruing interest at the default rate is accruing at the rate of $483.48 per day. Since the date of the Notice of Default, 36 days of interest has accrued for a total of $17,401.88. Subtotal: $1,120,351.88 Costs and Fees In addition to the amounts in arrears specified above, at this time, you are or may be obligated to pay the following estimated charges, costs and fees to reinstate the Deed of Trust. Trustee’s or Attorneys’ Fees $1,600.00 Title Report (Trustee Sale Guarantee) $1,700.00 Posting of Foreclosure Notices $300.00 Recording Fees $250.00 Statutory Mailing Costs $100.00 Subtotal: $3,950.00

Total Current Estimated Arrearages, Costs, and Fees: $1,124,301.88 Note and Deed of Trust Defaults other than failure to make payments to Beneficiary: FAILURE TO PAY PROPERTY TAXES: For your information only. For the real property tax due for the tax year 2023 you have failed to make when due payment of property tax charges and other levies and assessments of principal, interest, and penalties are required by the terms of the Promissory and Note and Deed of Trust. FAILURE TO PAY THE FOLLOWING JUDGMENT WHICH IS NOW A LIEN AGAINST THE PROPERTY: Judgment in favor of Ronald Wahlers and Carole Wahlers against Scott T. Lay, in the amount of $ 34,000.00 plus court cost & interest, entered on February 24, 2023 as Case Number 17-2-03313-34 in, Thurston County, recorded in Abstract of Judgment, Recorded March 1, 2023, under Recoding No. 202303010015. (For payoff information contact Atty. Garrett Allen Ratfield at Dille Law, PLLC, 2010 Caton Way SW, Ste. 101, Olympia, WA 98502 FAILURE TO COMPLY WITH THE OPERATION AND MAINTENANCE REQUIREMENTS FOR THE ON-SITE SEWER SYSTEM:

A Certificate of Non-Compliance of On-Site Sewer Operation and Maintenance and the terms and conditions thereof has been recorded on May 5, 2023 under recording No.: 202305050492. IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $900,000.00 together with interest from June 1, 2019 as provided in the underlying Note and such other advances, costs and fees as are due under the Note and Deed of Trust and as are provided by statute. 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 or performance must be in the full amount by certified funds or cash equivalent to the Trustee whose mailing address is: J. Richard McEntee, Jr. 3800 Bridgeport Way W #A411 University Place, WA 98466 253.227.9894 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 March 15, 2024. The sale will be discontinued and terminated if at any time on or before March 15, 2024, the monetary default(s) directly owed to Beneficiary as set forth in paragraph III are cured and the Trustee’s fees and costs are paid. NOTE: the other listed defaults in paragraph III are for information only and are not required to be cured in order to discontinue and terminate the sale. The sale may be terminated any time 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. Tender of payment or performance must be in the full amount by certified funds or cash equivalent to the Trustee. This is an attempt to collect a debt and any information obtained will be used for that purpose. VI. A written Notice of Default was transmitted by the Trustee to the Borrower, Grantor, and any successor at the following addresses: Scott T. Lay 4541 East F. Street Tacoma, WA 98501

Anthony West 4541 East F. Street Tacoma, WA 98501 by both first class and certified mail on November 4, 2023 proof of which is in the possession of the Trustee; and on November 6, 2023 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 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 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 Trustee, J. Richard McEntee, Jr., whose address is: 3632 Olympic Blvd W, University Place, WA.

X. NOTICE TO OCCUPANTS OR TENANTS (IF ANY) 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. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. DATED this 11th day of December 2023.

/S/ J. Richard McEntee, Jr. Successor Trustee J. Richard McEntee, Jr. 3632 Olympic Blvd W University Place, WA 98466 Phone: 253.227.9894 For further information please call J Richard McEntee, Jr. at 253.227.9894. IDX – 991636

February 15, March 8, 2024