Re: Cozad, Nathan
NOTICE OF INTENT TO FORFEIT
PURSUANT TO THE REVISED CODE OF WASHINGTON
CHAPTER 61.30.070
TO:
You are hereby notified that the Real Estate Contract described below is in default and you are provided the following information with respect thereto:
(a) The name, address and telephone number of the Seller and, if any, the Seller’s agent or attorney giving the notice:
1701 Pioneer, LLC
Seller’s Name
11012 Canyon Rd E. Ste 8, PMB 932
Puyallup, WA 98373
253-307-1854
Jeffrey M. Allen, Attorney
Agent’s or Attorney’s Name
102 N. Meridian
Puyallup, WA 98371
253-845-8895
(b) Description of the Contract: Real Estate Contract dated May 23, 2022, executed by 1701 Pioneer, LLC, as Seller, and Nathan Cozad, as Purchaser, which Contract or a memorandum thereof was recorded under No. 202206030482 on June 4, 2022 records of Pierce County, Washington. (c) Legal description of the property:
THAT PORTION OF LOTS 1 AND 2, BLOCK 25, PUYALLUP GARDENS SUPPLEMENT, ACCORDING TO THE PLAT RECORDED IN BOOK 11 OF PLATS AT PAGE 81, IN PIERCE COUNTY, WASHINGTON, AND PORTION OF VACATED STREET, DESCRIBED AS FOLLOWS:
STARTING AT THE POINT OF BEGINNING, THE SOUTHEAST CORNER OF LOT 1;
THENCE EASTERLY ALONG NORTHERLY RIGHT OF WAY LINE OF PIONEER STREET 13.6 FEET TO WESTERLY RIGHT OF WAY LINE OF TACOMA ROAD;
THENCE ALONG SAID RIGHT OF WAY LINE OF TACOMA ROAD NORTH 42°27’52” WEST 102 FEET; THENCE SOUTH 47°32’08” WEST 48 FEET;
THENCE SOUTH 42°27’52” EAST 30.0 FEET; THENCE SOUTHERLY 30.0 FEET, MORE OR LESS, TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF PIONEER STREET, SAID POINT BEING 90.4 FEET WESTERLY ON SAID RIGHT OF WAY LINE FROM POINT OF BEGINNING;
THENCE FROM SAID POINT EASTERLY ALONG NORTHERLY RIGHT OF WAY LINE OF PIONEER STREET 90.4 FEET TO POINT OF BEGINNING.
SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON.
Tax Parcel Number: 7070100341
(d) Description of each default under the Contract on which the notice is based:
1. Failure to pay the following past due items, the amounts and an itemization for which are given in (g) and (h) below:
Failure to Pay Real Estate Property Taxes for 2022
Failure to Pay Attorney’s Fees for Notice of Default dated October 18, 2022
2. Other defaults: Failure to obtain Tacoma Pierce County Health Department Permit in violation of Sections 12 and 15.
Cause the property to not be maintained in its sale condition.
(e) Failure to cure the default on or before March 10, 2023 will result in the forfeiture of the Contract.
(f) The forfeiture of the Contract will result in the following:
1. The Purchaser’s right, title and interest in the property will be terminated;
2. The right, title and interest in the property of others whose interests are subordinate to the Purchaser will be terminated;
3. The Purchaser’s rights under the Contract will be cancelled;
4. All sums previously paid under the Contract will be kept by and belong to the Seller or other persons entitled to them;
5. All improvements made to and unharvested crops and timber located on the property will belong to the Seller;
(g) The following is a statement of payments of money in default (or, where indicated, an estimate thereof) and for any defaults not involving the failure to pay money the action(s) required to cure the default:
1. Monetary Delinquencies:
ITEM AMOUNT
Attorney’s Fees from Default Notice $1,000.00
Real Estate Taxes 2022 $1,449.37
TOTAL: $2,449.37
2. Action(s) required to cure any non-monetary default:
Obtain permit from Tacoma Pierce County Health Department Comply with all other applicable laws
(h) The following is a statement of other payments, charges, fees and costs to cure the default:
ITEM AMOUNT
1. Cost of title report $_______
2. Service/posting of Notice of $75.00
Intent to Forfeit (estimated)
3. Copying/postage (estimated) $40.00
4. Attorney’s fee $2,000.00
5. Long distance phone charges $0
6. Late charges $0
7. Recording fees $206.50
TOTAL: $2,321.50
The total amount necessary to cure the default is the sum of the amounts in (g)(1) and (h), which is $4,770.87, plus the amount of any payments and late charges which fall due after the date of this Notice of Intent to Forfeit and on or prior to the date the default is cured. You must cure the default prior to March 10, 2022. Monies required to cure the default must be tendered to Jeffrey M. Allen of Nelson & Allen, P.S., at the following address: 102 N. Meridian, P.O. Box 217, Puyallup, Washington 98371. If default includes a default other than payments of money when due, then you must cure such other defaults as specified in paragraph (g)(2) by March 10, 2022
(i) You have a right to contest the forfeiture or seek an extension of time to cure the default or both. If you wish to exercise this right, you must file a Summons and Complaint on the Seller or Seller’s agent or attorney before a Declaration of Forfeiture is recorded.
NO EXTENSION OF THE TIME FOR CURE CAN BE GRANTED FOR DEFAULTS THAT ARE A FAILURE TO PAY MONEY. However, you may not be in default if you have a claim against the Seller that would release, discharge or excuse the default.
You have a right to request a court to determine whether a public sale of the property should be ordered. A public sale may be ordered if the fair market value of the property substantially exceeds the sum of the debt owed under the contract and all liens on the property that have priority over the Seller’s interest. If you wish to request that a court make this determination, you must do so by filing a Summons and Complaint before a Declaration of Forfeiture is recorded. If you make such a request, the court is required to order you to deposit the anticipated sale costs with the clerk of the court.
No other Notice of Default will be sent to you. The next notice that you receive will complete the forfeiture.
(j) Additional Information: None
(k) The Seller is not required to give any person any other Notice of Default before the Declaration of Forfeiture which completes the forfeiture is given, except as provided in the Contract or other agreement as follows: None
EARLIER NOTICE SUPERSEDED: This Notice of Intent to Forfeit supersedes any Notice of Intent to Forfeit which was previously given under this Contract and which deals with the same defaults.
DATED this 5th day of December, 2022
IDX-968016
December 8, 15, 2022
