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RE: Carfield Family Inc
DOCUMENT TITLE Notice of Trustee’s Sale of a Commercial Loan
REFERENCE NO. OF DEED OF TRUST 201509250206
GRANTOR Carfield Family Inc.
CURRENT BENEFICIARY OF DEED OF TRUST (GRANTEE) Digital Music Systems, Incorporated
CURRENT MORTGAGE SERVICER OF THE DEED OF TRUST (if differs from above) Digital Music Systems, Incorporated
CURRENT TRUSTEE OF THE DEED OF TRUST Hanson Baker Ludlow Drumheller P.S.
LEGAL DESCRIPTION PTN SE1/4, NW1/4, SEC 10, TWN 15 N, RNG 4 E, W.M.
ASSESSOR’S PARCEL NO. 0415102025
NOTICE OF TRUSTEE’S SALE OF A COMMERCIAL LOAN
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee, Hanson Baker Ludlow Drumheller P.S., will on July 16, 2021, at the hour of 10:00 a.m., at Pierce County Courthouse, 930 Tacoma Avenue South, in the City of Tacoma, 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:
See Exhibit A attached hereto for a legal description of the real property being foreclosed. If the Deed of Trust grants the Beneficiary security interests in personal property located on the real property, said personal property will be included in the Trustee’s Sale. The personal property is described in the Deed of Trust and any UCC-1 and/or UCC-2 Financing Statement signed by the Grantor of the Deed of Trust. Reference should be made to the Deed of Trust and any such Financing Statements for a description of the personal property being sold.
which is subject to that certain Deed of Trust, dated August 28, 2015, recorded September 25, 2015, under Auditor’s File No. 201509250206, records of Pierce County, Washington, from Carfield Family Inc., as Grantor, to Daniel W. Crowe as Trustee, to secure an obligation in favor of Digital Music Systems, Incorporated. 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 or Grantor’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:
PRINCIPAL DUE: $50,000.00
OTHER CHARGES (property taxes paid by beneficiary): $13,609.17
TOTAL: $63,609.17
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal amount of $50,000.00, as provided in the Note or other instrument secured from , and such other costs and fees as are due under the Note or other instrument secured, and as are provided by statute.
Additional defaults included failure to list the property for sale and pay the debt owed to Digital Music Systems, Incorporated, pursuant to the Settlement Agreement entered into between Cho’s Family Inc., Jonathan Carfield, Hanna Carfield and Carfield Family Inc. and signed by all parties on August 28, 2015.
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 July 16, 2021. The defaults referred to in Paragraph III must be cured by July 5, 2021 (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 July 5, 2021 (11 days before the sale date) the default(s) as set forth in Paragraph III is/are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after July 5, 2021 (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 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 Beneficiary or Trustee to the Borrower and Grantor at the following addresses:
Cho’s Family Inc.
c/o Hanna Carfield, Reg. Agent
50110 Mountain Hwy E.
Eatonville, WA 98328 Jonathan Carfield
3910 N. 28th Street, Apt. 325
Tacoma, WA 98407
Hanna Carfield
3910 N. 28th Street, Apt. 325
Tacoma, WA 98407 Jonathan Carfield
7457 S Madison St. Ste. B
Tacoma, WA, 98409
Hanna Carfield
7457 S Madison St. Ste. B
Tacoma, WA, 98409 Jonathan Carfield
1225 Vienna Dr. SPC 202
Sunnyvale, CA 94089-1824
Hanna Carfield
1225 Vienna Dr. SPC 202
Sunnyvale, CA 94089-1824 Jonathan Carfield
1059 Reed Ave Apt. 71
Sunnyvale, CA 94086
Hanna Carfield
1059 Reed Ave Apt. 71
Sunnyvale, CA 94086 Jonathan Carfield
5909 Panorama Dr SE Unit 1-101
Auburn, WA 98092
Hanna Carfield 5909 Panorama Dr SE Unit 1-101
Auburn, WA 98092 Carfield Family Inc.
50110 Mountain Hwy E.
Eatonville, WA 98328 Carfield Family Inc.
c/o Hanna Carfield, Reg. Agent
1101 A Street Unit 802
Tacoma, WA, 98402-5007 Resident of Property Subject to Foreclosure
50110 Mountain Hwy E.
Eatonville, WA 98328
David Pierce
50110 Mountain Hwy E.
Eatonville, WA 98328 by both first class and certified mail on February 24, 2021, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on February 28, 2021 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 objection to the 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 restrain the sale may result in a waiver of any proper grounds for invalidating the Trustee’s sale.
X.
If the Loan is secured by owner-occupied residential property and the Borrower received a letter from the Beneficiary required by RCW 61.24.031 (generally advising the Borrower to contact an attorney or housing counselor and reporting an opportunity to participate in mediation with the Beneficiary) the following Notice applies:
THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME
You have 20 DAYS from the recording date of this notice-normally done within three days of the date it is signed-to pursue mediation.
DO NOT DELAY, CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help.
SEEKING ASSISTANCE
Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following:
The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission:
Toll-free Telephone No.: 1-877-894-HOME (1-877-894-4663)
Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm
The United States Department of Housing and Urban Development:
Toll-free Telephone No: 1-800-569-4287
Web site: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc
The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys:
Toll-free Telephone No.: 1-800-606-4819
Web site: http://nwjustice.org/get-legal-help
XI. NOTICE TO OCCUPANTS OR TENANTS
If the property being foreclosed is a single family residence, condominium, cooperative or building containing fewer than five units, state law requires that the following additional notice be given.
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 the unlawful detainer act, chapter 59.12. RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.
XII. NOTICE TO GUARANTORS
If the Deed of Trust being foreclosed secures a commercial loan and you are a guarantor of the loan, the following statements apply to you.
You 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;
You have 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;
You will have no right to redeem the property after the trustee’s sale; 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 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; and In any action for a deficiency, you 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 your 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.
TRUSTEE:
HANSON BAKER LUDLOW
DRUMHELLER P.S.
By Magnus R. Andersson
2229 – 112th Avenue NE, Suite 200
Bellevue, WA 98004-2936
(425) 454-3374
EXHIBIT A
THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 15 NORTH, RANGE 4 EAST OF THE W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY RIGHT OF WAY OF THE ABANDONED STATE HIGHWAY NO. 5, SAID POINT BEING NORTH 74 DEGREES 06 MINUTES 15 SECONDS WEST A DISTANCE OF 967.6 FEET FROM THE CENTER OF SECTION 10, TOWNSHIP 15 NORTH, RANGE 4 EAST OF THE W.M.; THENCE RUNNING NORTH 8 DEGREES 42 MINUTES WEST ALONG SAID ABANDONED STATE RIGHT OF WAY, A DISTANCE OF 203 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING NORTH 8 DEGREES 42 MINUTES WEST ALONG SAID ABANDONED STATE RIGHT OF WAY A DISTANCE OF 424.3 FEET; THENCE NORTH 67 DEGREES 53 MINUTES EAST A DISTANCE OF 85 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF THE RELOCATED STATE HIGHWAY NO. 5; THENCE SOUTHEASTERLY ALONG SAID STATE RIGHT OF WAY A DISTANCE OF 280 FEET; THENCE SOUTH 81 DEGREES 18 MINUTES WEST A DISTANCE OF 65 FEET; THENCE SOUTH 8 DEGREES 42 MINUTES EAST A DISTANCE OF 174.3 FEET; THENCE SOUTH 81 DEGREES 18 MINUTES WEST A DISTANCE OF 65 FEET; THENCE SOUTH 8 DEGREES 42 MINUTES EAST A DISTANCE OF 174.3 FEET; THENCE SOUTH 81 DEGREES 18 MINUTES WEST A DISTANCE OF 91.97 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPT THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT LYING WITHIN THE RIGHT OF WAY OF RELOCATED STATE HIGHWAY NO. 5 IN THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 15 NORTH, RANGE 4 EAST OF THE W.M., SAID POINT BEING SOUTH 43 DEGREES 15 MINUTES 18 SECONDS EAST 2605.79 FEET FROM THE NORTHWEST CORNER OF SAID SECTION AND THE BEARING AT THE NORTH LINE OF SAID NORTHWEST QUARTER BEING SOUTH 89 DEGREES 46 MINUTES 22 SECONDS EAST; THENCE SOUTH 56 DEGREES 52 MINUTES 36 SECONDS WEST 165.6 FEET, MORE OR LESS, TO THE EASTERLY LINE OF ABANDONED STATE HIGHWAY NO. 5, RECORDS OF PIERCE COUNTY;
SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON.
IDX-929877
June 15, July 6
