Re: MWD Construction
TS #: 20-60894
Title Order #: 8764027
NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN
Grantor: MWD CONSTRUCTION, LLC
Current beneficiary of the deed of trust: MONTANA FUNDING, LLC Current trustee of the deed of trust: North Star Trustee, LLC
Current mortgage servicer for the deed of trust: Eastside Funding LLC
Reference number of the deed of trust: 201907020577
Parcel Number(s): 562000-1080
I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, North Star Trustee, LLC will on 8/7/2020, at 10:00 AM at the Second Floor Entry Plaza Outside Pierce County Courthouse, 930 Tacoma Ave South, Tacoma, WA sell at public auction to the highest and best bidder, payable at the time of sale, the following described real and personal property, situated in the County of Pierce, State of Washington, to-wit:
LOT(S) 13 AND 14, BLOCK 17, MCCLOSKEY ADDITION TO TACOMA, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE(S) 88, RECORDS OF PIERCE COUNTY, WASHINGTON. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR DRIVEWAY PURPOSES RECORDED UNDER RECORDING NO. 2062958 AND 2064508. SITUATE IN THE COUNTY OF PIERCE, WASHINGTON: AS MORE FULLY DESCRIBED IN EXHIBIT ‘A’ ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE.
Commonly known as: 239 SOUTH 55TH STREET (aka 239 55TH ST)
TACOMA, WASHINGTON 98408
which is subject to that certain Deed of Trust dated 7/1/2019, recorded 7/2/2019, under Auditor’s File No. 201907020577, The Deed of Trust was modified under Loan Modification Agreement dated 11/27/2019. records of Pierce County, Washington, from MWD CONSTRUCTION, LLC, as Grantor(s), to CASCADE TRUSTEE SERVICES, INC., as Trustee, to secure an obligation in favor of EASTSIDE FUNDING, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, as Beneficiary, the beneficial interest in which was assigned to MONTANA FUNDING, LLC under an Assignment recorded under Auditor’s File No. 202002270424.
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 as of 4/30/2020:
Principal Balance: $224,910.00
Interest Due: $13,813.33
Default Interest: $13,813.33
Late Fees: $1,349.46
Extension Fees: $4,410.00
PROMISSORY NOTE INFORMATION
Note Dated: 7/1/2019
Note Amount: $224,910.00
Interest Paid To: 10/31/2019
Maturity Date: 2/29/2020
IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $224,910.00, together with interest and default interest as provided in the note or other instrument secured from 10/31/2019, 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 8/7/2020. The default(s) referred to in Paragraph III must be cured by 7/27/2020, (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before 7/27/2020 (11 days before the sale) the default as set forth in Paragraph III is cured and the Trustee’s fees and costs are paid. Payment must be in cash or with cashiers or certified checks from a State or federally chartered bank. The sale may be terminated any time after the 7/27/2020 (11 days before the sale date) and before the sale, by the Borrower or Grantor 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 or Guarantor at the following addresses:
NAME & ADDRESS
MICHAEL W. DANIELS, GUARANTOR 239 55TH ST
TACOMA, WA 98408-6402
MICHAEL W. DANIELS, GUARANTOR 239 SOUTH 55TH STREET
TACOMA, WA 98408
MICHAEL W. DANIELS, GUARANTOR 5001 N 27TH STREET
TACOMA, WA 98407
MICHAEL W. DANIELS, GUARANTOR 5214 S FIFE ST
TACOMA, WA 98409-6328
MWD CONSTRUCTION, LLC 239 55TH ST
TACOMA, WA 98408-6402
MWD CONSTRUCTION, LLC 239 SOUTH 55TH STREET
TACOMA, WA 98408
MWD CONSTRUCTION, LLC 5001 N 27TH STREET
TACOMA, WA 98407
MWD CONSTRUCTION, LLC 5214 S FIFE ST
TACOMA, WA 98409-6328
MWD CONSTRUCTION, LLC C/O MICHAEL DANIELS, MANAGER 5214 S FIFE ST
TACOMA, WA 98409
by both first class and certified mail on 3/27/2020, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served 3/26/2020, 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 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 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 and tenants. After the 20th day following the sale the purchaser has the right to evict occupants and 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.
THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME.
You have only 20 DAYS from the recording date of this notice 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: Telephone: 1-877-894HOME (1-877-894-4663)
Web site: http://www.dfi.wa.gov/consumers/homeownership/
The United States Department of Housing and Urban Development: Telephone: 1-800-569-4287
Web site: http://portal.hud.gov/hudportal/HUD
The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys
Telephone: 1-800-606-4819 Web site: http://www.ocla.wa.gov/
XI. The obligation secured by the Deed of Trust being foreclosed herein was not incurred primarily for personal, family or household purposes. Pursuant to RCW 61.24.100, the subject foreclosure does not preclude any judicial or non-judicial foreclosure of any other deeds of trust, mortgage, security agreements or other security interests granted to secure this obligation. The Beneficiary hereby reserves its right to foreclosure any or all additional security.
XII. NOTICE TO GUARANTORS:
a. The Guarantors may be liable for a deficiency judgment to the extent that the sale price obtained at the Trustee’s Sale is less than the debt secured by the Deed of Trust. b. The Guarantors have the same rights to reinstate the debt, cure the default, or repay the debt under the Note and Deed of Trust as are given to the Grantor in order to avoid the Trustee’s Sale. c. The Guarantors will have no right to redeem the Real Property at the Trustee’s Sale. d. Subject to such longer periods as 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 under the Deed of Trust granted to secure the debt to the Beneficiary. e. In any action for a deficiency, the Guarantors will have the right to establish the fair value of the Real Property as of the date of the Trustee’s Sale, less prior liens and encumbrances, and to limit their liability for 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.
This office is enforcing a security interest of your creditor. To the extent that your obligation has been discharged by a bankruptcy court or is subject to an automatic stay of bankruptcy, this notice is for informational purposes only and does not constitute a demand for payment or any attempt to collect such obligation.
North Star Trustee, LLC, as Trustee
Lisa Hackney, Vice President of Trustee Operations
Address for service:
North Star Trustee, LLC
6100 219th ST SW, Suite 480
Mountlake Terrace, Washington
Trustee Phone No: (206) 866-5345
Beneficiary/Servicer Phone: 425 230-0000
STATE OF WASHINGTON) ss.
COUNTY OF SNOHOMISH) I certify that I know or have satisfactory evidence that Lisa Hackney is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the Vice President of Trustee Operations of North Star Trustee, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Tom B. Pierce NOTARY PUBLIC in and for the State
of Washington, residing at Kenmore, WA
My commission expires
TS#20-60894 Exhibit “A” Legal Description
LOT(S) 13 AND 14, BLOCK 17, MCCLOSKEY ADDITION TO TACOMA, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE(S) 88, RECORDS OF PIERCE COUNTY, WASHINGTON. TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR DRIVEWAY PURPOSES RECORDED UNDER RECORDING NO. 2062958 AND 2064508. SITUATE IN THE COUNTY OF PIERCE, WASHINGTON.
Together with all the tenements, hereditaments, and appurtenances now or hereafter belonging or in any way appertaining, and together with the following, (all of which shall be deemed included in the “Property”):
(a) All land lying in streets and roads adjoining the Property, and all access rights and easements pertaining to the Property.
(b) All the lands, tenements, privileges, reversions, remainders, irrigation and water rights and stock, oil and gas rights, royalties, minerals and mineral rights, hereditaments and appurtenances belonging or in any way pertaining to the Property.
(c) All buildings, structures, improvements, fixtures and property now or hereafter attached to or used in the operation of the Property
(d) All rents, issues and profits of the Property, all existing and future leases of the Property (including extensions, renewals and subleases), all agreements for use and occupancy of the Property (all such leases and agreements whether written or oral, are hereafter referred to as the “Leases”), and all guaranties of lessees’ performance under the Leases, together with the immediate and continuing right to collect and receive all of the rents, income, receipts, revenues, issues, profits and other income of any nature now or hereafter due (including any income of any nature coming due during any redemption period) under the Leases or from or arising out of the Property including minimum rents, additional rents, percentage rents, parking or common area maintenance contributions, tax and insurance contributions, deficiency rents, liquidated damages following default in any Lease, all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by destruction or damage to the Property, all proceeds payable as a result of a lessee’s exercise of an option to purchase the Property, all proceeds derived from the termination or rejection of any Lease in a bankruptcy or other insolvency proceeding, and all proceeds from any right and claims of any kind which Grantor may have against any lessee under the Leases or any occupants of the Property (all of the above are hereafter collectively referred to as the “Rents”). This subsection is subject to the right, power and authority given to the Beneficiary in the Loan Documents (as defined herein) to collect and apply the Rents.
(e) All compensation, awards, damages, rights of action and proceeds (including insurance proceeds and any interest on any of the foregoing) arising out of or relating to a taking or damaging of the Property by reason of any public or private improvement, condemnation proceeding (including change of grade), fire, earthquake or other casualty, injury or decrease in the value of the Property; all returned premiums or other payments on any insurance policies pertaining to the Property and any refunds or rebates of taxes or assessments on the Property.
(f) All permits, permit applications, plans, specifications, contracts, agreements and purchase orders pertaining or incidental to the design, construction, maintenance or management of any improvements on the Property, Grantor’s rights under any payment, performance, or other bond in connection with construction of improvements on the Property, and all construction materials, supplies, and equipment delivered to the Property or intended to be used in connection with the construction of improvements on the Property wherever actually located.
EPP 31549 IDX-898098