Re: MK West Inc

NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN

Pursuant to the Revised Code of Washington Chapter 61.24, et. seq.

I.

NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 28th day of August, 2020, at the hour of 9:00 a.m. at the Pierce County Superior Court Courthouse, 930 Tacoma Avenue South, Tacoma, Pierce County, Washington 98402, at the 2nd Floor Entry Plaza outside the County-City Building, 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:

TRACT 2 OF PUYALLUP FRUIT AND GARDEN TRACTS, PIERCE COUNTY, WASHINGTON, AS PER PLAT RECORDED IN BOOK 9 OF PLATS, PAGE 4, RECORDS OF PIERCE COUNTY AUDITOR;

SITUATED IN THE COUNTY OF PIERCE, STATE OF WASHINGTON;

Pierce County Tax Parcel Number: 7065000020;

Commonly known as 1014 23rd Ave SW, Puyallup, WA 98371;

which is subject to that certain Deed of Trust dated April 2, 2018, and recorded April 3, 2018 under Auditor’s File 201804030819, records of Pierce County, Washington, from MK West, Inc., a Washington corporation, as Grantor, to CW Title Company, as Trustee, and Davies Pearson, P.C., as Successor Trustee, to secure an obligation in favor of MNR, LLC, a Washington limited liability company, as Beneficiary.

II.

No action commenced by the Beneficiary of the Deed of Trust or the Beneficiary’s successor is now pending to seek satisfaction of the obligation in any court by reason of the Grantor’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:

A. Principal balance due January 1, 2020: $ 515,202.00

B. Accrued interest through May 30, 2020: $ 68,844.15

C. Accrued late fees and charges: $ 808.16

TOTAL as of May 30, 2020: $ 584,854.31

plus, continually accruing interest, fees, and costs as described in Paragraph IV.

IV.

The sum owing on the obligation secured by the Deed of Trust is: Principal in the amount of $515,202, together with interest as provided in the note or other instrument secured from the 1st day of January, 2020, and such other costs and fees as are due under the notes 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 28th day of August, 2020. The default(s) referred to in Paragraph III must be cured by the 17th day of August, 2020 (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 17th day of August, 2020 (11 days before the sale date), the default as set forth in Paragraph III is cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after the 17th day of August, 2020 (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, Grantor, and Guarantor at the following addresses:

1. P.O. Box 582, Puyallup, WA 98371-0060; and

2. 2701 13th ST PL SW, Puyallup, WA 98373

by both first class and certified mail on the 26th day of March, 2020, proof of which is in the possession of the Trustee; and the Borrower, Grantor, and Guarantor were personally served on the 28th day of March, 2020 with said written Notice of Default, and the written Notice of Default was posted in a conspicuous place on the real property described in paragraph I above on the 28th day of March, 2020, and the Trustee has possession of proof of such service and 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 Grantors and all those who hold by, through or under the Grantors of all their interest in the above-described property.

IX.

Anyone having any objections 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 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 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.

XI.

NOTICE TO GUARANTOR:

If this Notice is being mailed or directed to any Guarantor, said Guarantor should be advised that: (1) The guarantor 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; (2) the guarantor has 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; (3) the guarantor will have no right to redeem the property after the trustee’s sale; (4) 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 (5) in any action for a deficiency, the 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 its 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 22nd day of May, 2020.

TRUSTEE:

DAVIES PEARSON, P.C.

JAMES R. TOMLINSON, WSBA# 14559

920 Fawcett Avenue – P.O. Box 1657

Tacoma, WA 98402

Telephone: 253-620-1500

IDX-899461

July 28, August 18, 2020