In Re: Stormfield SPV I, LLC vs. Barner
NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN
PURSUANT TO THE REVISED CODE OF WASHINGTON
CHAPTER 61.24, ET.SEQ.
Grantor: Brandi A. Barner
Grantee/Current Beneficiary of the Deed of Trust: Stormfield SPV IV, LLC.
Current Trustee of the Deed of Trust: Rainier Trustee Services, Inc.
Current Mortgage Servicer of the Deed of Trust: Stormfield SPV IV, LLC.
Reference Number of the Deed of Trust: 202204280429
Tax Parcel Number: 4660000102
TO: Brandi A. Barner Occupants/Tenants
Spouse of Brandi A. Barner
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee, Rainier Trustee Services, Inc., will on MAY 17, 2024, at the hour of 10:00 a.m., outside the Second Floor Entry Plaza, County-City Building, 930 Tacoma Avenue South, in the City of Tacoma, State of Washington 98402, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property (the “Real Property”), situated in the County of Pierce, State of Washington, to wit:
Lots 12 to 14, inclusive in Block 6 of Plat of Howell Addition Pierce Co. Wash., according to Plat recorded in Volume 8 of Plats at Page 105, in Pierce County, Washington.
Situate in the County of Pierce, State of Washington.
Tax Parcel Number 4660000102
The postal address of which is more commonly known as:
18103 to 18105 1st Avenue Ct S, Spanaway, WA 98387
The aforesaid Real Property is subject to that certain Deed of Trust (the “Deed of Trust”) dated April 27, 2022, recorded on April 28, 2022, under Pierce County Recorder’s File No. 202204280429, records of Pierce County, Washington. The Deed of Trust was granted by Brandi A. Barner, a single person, as Grantor (“Grantor” or “Borrower”), to Clear Recon Corp., as the original Trustee, to secure an obligation in favor of Finance of America Mortgage LLC, a Delaware limited liability company (“Finance of America”), as the original beneficiary. The beneficial interest in the Deed of Trust was assigned by Finance of America to Stormfield Capital Funding I, LLC a
Connecticut limited liability company (“Stormfield Capital”), pursuant to an Assignment of Security Instrument dated July 24, 2023, and recorded on October 27, 2023, under Pierce County Recorder’s File No. 202310270431, records of Pierce County, Washington. The beneficial interest in the Deed of Trust was thereafter assigned by Stormfield Capital to Stormfield SPV IV, LLC (hereinafter referred to as the “Beneficiary” or “Stormfield IV”), the present Beneficiary and holder of the obligations secured by the Deed of Trust, pursuant to an Assignment of Security Instrument dated October 6, 2023, and recorded on October 27, 2023, under Pierce County Recorder’s File No. 202310270432, records of Pierce County, Washington.
Pursuant to the Deed of Trust, the Beneficiary is additionally the holder of a security interest in certain personal property and other property (collectively the “Additional Property”) described on Exhibit A, attached hereto and incorporated herein by this reference. The Real Property and the Additional Property shall hereinafter be collectively referred to as the “Property.”
II.
No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligations secured by the Deed of Trust in any Court by reason of the Borrower’s or Grantor’s default on the obligations 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:
a. Failure to pay the following past due amounts, which are due in full:
Delinquent Monthly Payments Under the Note and Deed of Trust From 04/08/2023 Through and Including 01/08/2024 in the Present Monthly Amount of $2,499.21: $24,992.10
Late Fees: $921.10
Pre-Foreclosure Attorney’s Fees and Costs: $2,061.88
TOTAL: $27,975.08
(b) Default other than failure to make payments:
Failure to make the following payments of delinquent real estate taxes with regard to the Real Property pursuant to the provisions contained in the Deed of Trust (collectively referred to as the “Delinquent Real Estate Taxes”):
Failure to pay the second half of 2023 Delinquent Real Estate Taxes in the principal amount of $3,097.12, plus continuing accrued interest and penalties.
IV.
The sums owing on the obligations secured by the Deed of Trust are: Principal: $316,505.95, together with unpaid accrued interest (including default interest) as provided under the Note or other instrument secured as referenced above from March 8, 2023, and together with such other advances, costs and fees as are due under the Note or other instrument secured and as are provided by statute.
V.
The above-described Property will be sold to satisfy the expense of sale and the obligations secured by said Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on MAY 17, 2024. The defaults referred to in Paragraph III must be cured by MAY 6, 2024 (11 days before the sale date), to cause a discontinuance of the sale. The sale will be discontinued and terminated at any time on or before MAY 6, 2024 (11 days before the sale date), if the defaults 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 MAY 6, 2024, (11 days before the sale date), and before the sale, by the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance paying the unpaid principal and accrued default interest, plus other charges, costs, fees, and advances referred to in Paragraph III, made pursuant to the terms of the obligations secured by the Deed of Trust and curing all other defaults.
VI.
A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower, Grantor and Guarantors at the following addresses:
Brandi A. Barner
Spouse of Brandi A. Barner
Occupants At: 18103 1st Avenue Court South
Spanaway, WA 98387
Brandi A. Barner
Spouse of Brandi A. Barner
Occupants At: 18105 1st Avenue Court South
Spanaway, WA 98387
Brandi A. Barner
Spouse of Brandi A. Barner At: 1546 Reservation Road SE
Olympia, WA 98513
by both first class and certified mail on December 13, 2023, proof of which is in the possession of the Trustee; and the Notice of Default was posted in a conspicuous place on the Real Property described in paragraph I above on December 14, 2023, and the Trustee has in its possession proof of such 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 R.C.W. 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 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. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.
XI.
NOTICE TO GUARANTORS:
Any guarantor of the obligations secured by the Deed of Trust 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. All guarantors have the same rights to reinstate the debt, cure the default or repay the debt as is given to the Grantor and Borrower in order to avoid the trustee’s sale. Any guarantor will have no right to redeem the Property after the trustee’s sale. Subject to such longer periods as are provided in the Washington Deeds of Trust Act, Chapter 61.24 RCW, any action brought 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. In any action for a deficiency, a 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 the guarantor’s 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 interests and costs.
DATED January 30, 2024.
RAINIER TRUSTEE SERVICES, INC.,
Trustee
By: /s/ Mark J. Rosenblum
Mark J. Rosenblum, Secretary/Treasurer
Rainier Trustee Services, Inc. c/o
SCHWEET LINDE & ROSENBLUM, PLLC
575 S. Michigan Street
Seattle, WA 98108
(206) 275-1010
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared MARK J.ROSENBLM to me known to be the Secretary/Treasurer of Rainier Trustee Services, Inc. (the “Corporation”), the Corporation that executed the foregoing NOTICE OF TRUSTEE’S SALE, and acknowledged the said instrument to be the free and voluntary act and deed of said Corporation, for the uses and purposes therein mentioned and on oath stated that he is authorized to execute the said instrument.
Given under my hand and official seal on January 30, 2024.
/s/ Maureen A. Fitzgerald
Maureen A. Fitzgerald
Notary Public in and for the
State of Washington, residing at: Puyallup
My commission expires: 9/27/2024
EXHIBIT A
ADDITIONAL PROPERTY
All the improvements now or hereafter erected on the Property, and all easements, appurtenances, and fixtures now or hereafter a part of the Property. All replacements and additions shall also be covered by this Notice.
Without limitation, the Property shall include the following items now or hereafter attached to the Property to the extent they are fixtures: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, including replacements and additions thereto.
IDX-994307
April 19, May 10, 2024
