Re: Chantel Shore
FIRST AMENDED NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN
PURSUANT TO THE REVISED CODE OF WASHINGTON
CHAPTER 61.24, ET.SEQ.
Document Title: First Amended Notice of Trustee’s Sale
Grantor: Chantel Shore as Trustee of the Gig Harbor Living Trust
Current Beneficiary of the Deed of Trust: Loyd A. Walker, an individual, and Eli Tollin, and individual
Current Trustee of the Deed of Trust: Davies Pearson, P.C.
Current Mortgage Servicer of the Deed of Trust: Loyd A. Walker, an individual, and Eli J. Tollin, and individual
Reference Number of the Deed of Trust: 202010160705
Tax Parcel No.: 587500-0092
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee, Davies Pearson, P.C., will on the 11h day of August, 2023, at the hour of 10:00 a.m., outside of the 2nd floor entrance to the County-City Building, 930 Tacoma Avenue S., Tacoma, Washington 98402, 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:
Commencing at the Southwest corner of Lot 3, A.J. Millers Plat of Sylvan, according to the plat thereof recorded in Volume 6 of Plats, Page 107, records of the Pierce County Auditor;
Thence East along the South line of said Lot 323.14 feet;
Thence North 15°04’ East 714.57 feet to the True Point of Beginning;
Thence South 74°56’ East 331.20 feet to the West line of North Shore County Road, also known as 6th Avenue Extension;
Thence South 03°31’ West along said West line of road 197.555 feet;
Thence West 386.98 feet to intersect a line bearing South 15°04’ West from the Point of Beginning;
Thence North 15°04’ East 284.12 feet to the Point of Beginning;
Situate in the County of Pierce, State of Washington.
which is subject to that certain Deed of Trust, dated October 15, 2020, recorded October 16, 2020, under Auditor’s File No. 202010160705, records of Pierce County, Washington, from Chantel Shore as Trustee of the Gig Harbor Living Trust as Grantor, to Fidelity National Title Company of Washington, Inc. as Trustee, to secure an obligation in favor of Loyd A. Walker and Eli Tollin.
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.
1. The default(s) for which this foreclosure is made is/are as follows: A. Failure to pay the delinquent principal balance due on or before the maturity date of October 1, 2022: $83,414.48
B. Failure to pay delinquent default interest through October 2, 2022 to May 8, 2023
at rate of 18% per annum: $8,967.34
C. Failure to reimburse Beneficiary for Beneficiary’s
attorney fees, trustee fees, and costs incurred in connection with the default and this foreclosure
through the date of this notice: $9,203.38
SUBTOTAL: $101,582.50
2. Failure to pay delinquent real property taxes:
2021 delinquent real property taxes: $1,115.88
2022 delinquent real property taxes: $2,302.75 IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal amount of $83,414.48, together with interest as provided in the Note or other instrument secured from the 15th day of October, 2020, and such other costs and fees as are due under the Note or other instrument secured, and 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. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on the 11th day of August, 2023. The defaults referred to in Paragraph III must be cured by the 31st day of July, 2023 (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 the 31st day of July, 2023 (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 the 31st day of July, 2023 (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 ail other defaults.
VI.
A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addresses:
Chantel Shore, as Trustee of the Gig Harbor Living Trust
4810 Point Fosdick Dr. #42
Gig Harbor, WA 98335
Chantel Shore, as Trustee of the Gig Harbor Living Trust
3410 Preble St.
Bremerton, WA 98312
by both first class and certified mail on December 7, 2022, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on N/A 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 on December 11, 2022, 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. 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.
XI. 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 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.
Dated this 8th day of May, 2023.
TRUSTEE:
DAVIES PEARSON, P.C.
By: Brian M. King, WSBA #29197
Christopher J. Marston, WSBA #30571
Address: 1498 Pacific Ave., Suite 520
Telephone: (253) 620-1500
IDX-979952
July 10, 31, 2023
