Re: Orchard View Estates

NOTICE OF TRUSTEE’S SALE – COMMERCIAL LOAN

PURSUANT TO THE REVISED CODE OF WASHINGTON

CHAPTER 61.24, ET.SEQ.

Grantor: Orchard View Estates, LLC

Current Beneficiary of the Deed of Trust: Zeta Family Trust

Current Trustee of the Deed of Trust: Daniel J. Frohlich, Dickson Frohlich, PS

Current Mortgage Servicer of the Deed of Trust: Zeta Family Trust

Reference Number for Deed of Trust: 201805170311

Parcel Numbers: 0220247005, 0220247006, 0220247007, 0220247008, 0220247009, 0220247010, 0220247011, 0220247012, 5470000081, 5470000082, 5470000083, 5470000091, 5470000092, 5470000093, and 5470000094.

1. NOTICE IS HEREBY GIVEN that Daniel J. Frohlich, Attorney at Law, the undersigned Successor Trustee, will on Friday , October 22, 2021 at 10:00 am at the second-floor (West) entrance to the Pierce County Superior Courthouse, 930 Tacoma Avenue South, Tacoma, WA-98402, and sell at public auction to the highest and best bidder, payable, in the form of cash, cashier’s check or certified funds from a federal or state charted banks, at the time of sale the following described real property, situated in the County of PIERCE, State of Washington, to wit:

Lots 2, 3 and 4, inclusive, Block 4, and Lots 1 through 4, inclusive, Block 5, Manitou Park Annex, according to the plat thereof recorded in Volume 8 of Plats, page 104, records of Pierce County, Washington. Together with Lots 1 through 4 inclusive, Pierce County Short Plat No. 40000080838, recorded April 19, 2012 under Recording No. 201204195004, records of Pierce County, Washington; Together with Lots 1 through 4 inclusive, Pierce County Short Plat No. 40000080839, recorded April 19, 2012 under Recording No. 201204195005, records of Pierce County, Washington;

Tax Parcel ID(s): 0220247005, 0220247006, 0220247007, 0220247008, 0220247009, 0220247010, 0220247011, 0220247012, 5470000081, 5470000082, 5470000083, 5470000091, 5470000092, 5470000093, and 5470000094. Which has the addresses of: 6001 South Orchard Street Tacoma, WA 98467

6002 South Orchard Street Tacoma, WA 98467

6006 South Orchard Street Tacoma, WA 98467

6007 South Orchard Street Tacoma, WA 98467

6010 South Orchard Street Tacoma, WA 98467

6011 South Orchard Street Tacoma, WA 98467

6014 South Orchard Street Tacoma, WA 98467

6025 South Orchard Street Tacoma, WA 98467

XXXX South Orchard Street Tacoma, WA 98467

which is subject to an Deed of Trust (the “Deed of Trust”) between Borrower, as Grantor, and Fidelity National Title Company, as Trustee, in favor of Zeta Family Trust (“Beneficiary”) dated May 15, 2018 and recorded on May 17, 2018, under Auditor’s File No. 201805170311, in the records of Pierce County, Washington. Said Deed of Trust is not recorded in any other county or state. Said Deed of Trust is intended to secure performance of an Promissory Note dated May 15, 2018, in the principal amount of $258,000.00, from Orchard View Estates, LLC (“Borrower” of said Note) to Zeta Family Trust (“Lender”). 2. 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.

3. The default(s) for which this foreclosure is made is/are as follows: a. Failure to pay taxes on the Properties pursuant to paragraph 4 of the Deed of Trust; and/or

b. Failure to pay past due amounts on the Note, which are in arrears: $438,737.29 as of April 2021 (together with an subsequent installments, late charges, default interest, advances, costs and fees thereafter due).

4. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $258,000.00 together with additional sums loaned, if any, and such other costs, fees and interest as are provided by statute, the terms of the Deed of Trust, and the Promissory Note. 5. 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 statue. Said sale will be made without warranty, express or implied, regarding title possession or encumbrances, on Friday, October 22, 2021. The defaults referred to in Paragraph 3 must be cured by October 11, 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 before the October 11, 2021 (11 days before the sale date) the amount in default at that time as set forth in Paragraph 3 and 4 is cured and the Trustee’s fees, costs and attorney’s fees are paid. Payment must be in cash or with cashiers or certified checks from a state of federal charted bank. The sale may be terminated any time after October 11, 2021 (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 by paying the principal and interest, plus costs, fees and advances, if any made pursuant to the terms of the obligation and/or Deed of Trust. 6. A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the Following Addresses:

TO: Orchard View Estates, LLC

1445 Olsen Road

Sequim, Washington 98382 TO: Occupants of

6001 South Orchard Street

Tacoma, WA 98467

TO: Travis Moegling, Registered Agent for

Orchard View Estates, LLC

1445 Olsen Road

Sequim, Washington 98382 TO: Occupants of

6002 South Orchard Street

Tacoma, WA 98467

TO:

Travis Moegling

1445 Olsen Road

Sequim, Washington 98382 TO: Occupants of

6006 South Orchard Street

Tacoma, WA 98467

TO: Occupants of

6007 South Orchard Street

Tacoma, WA 98467

TO: Occupants of

6010 South Orchard Street

Tacoma, WA 98467

TO: Occupants of

6011 South Orchard Street

Tacoma, WA 98467

TO: Occupants of

6014 South Orchard Street

Tacoma, WA 98467

TO: Occupants of

6025 South Orchard Street

Tacoma, WA 98467

TO: Occupants of

XXXX South Orchard Street

Tacoma, WA 98467

by both first class and certified mail on April 29, 2021 proof of which is in the possession of the Trustee; and the written Notice of Default was posted in a conspicuous place on the real property described in Paragraph 1 above, on April 29, 2021 and the Trustee has possession of proof of such service or posting. 7. The Trustee whose name and address are set forth below will provide in writing to anyone requesting it: (1) proof that Zeta Family Trust is the lawful Beneficiary of the abovementioned Deed of Trust; and (2) a statement of all costs and fees due at any time prior to the sale. 8. 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. 9. 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. 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. NOTICE TO GUARANTOR: 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 trustee’s sale; 3) the guarantor will have no right to redeem the property after 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 other 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 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. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. DATED this 13th day of July, 2021.

s/ Daniel J. Frohlich

DANIEL J. FROHLICH

Successor Trustee

1200 East D Street

Tacoma, WA 98421

(253) 572-1000

(253) 572-1300- fax

STATE OF WASHINGTON) ss.

COUNTY OF PIERCE)

On this day personally appeared before me, Daniel J Frohlich, to me known to be the individual in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned.

Given under my hand and official seal this 13th day of July, 2021.

s/ Jennifer Martirosian

NOTARY PUBLIC in and for the

State of Washington. Residing at: Tacoma, WA

My commission expires: 06/02/25

IDX-

September 21, October 12, 2021