Re: Portland Ave LLC
NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN
PURSUANT TO THE REVISED CODE OF WASHINGTON
CHAPTER 61.24 ET. SEQ.
GRANTOR 3606 Portland Ave LLC
GRANTEE/CURRENT BENEFICIARY Arizona Instant Funding, LLC
ABBREVIATED LEGAL Lot C, PCSP No. 75-76 ASSESSOR’S TAX PARCEL NUMBER: 0221077003
REFERENCE DEED OF TRUST NO. 202001290660
CURRENT TRUSTEE McFERRAN LAW, P.S.
CURRENT MORTGAGE SERVICER: Arizona Instant Funding, LLC
NOTICE OF TRUSTEE’S SALE
NOTICE IS HEREBY GIVEN that the undersigned trustee will on the 12th day of November, 2021, at the hour of 10:00 o’clock a.m. at the main entrance to the second floor entrance to the Pierce County Courthouse, 930 Tacoma Avenue South, Tacoma, Pierce County, Washington, 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 County, State of Washington, to-wit:
LOT C OF PIERCE COUNTY SHORT PLAT NO. 75-76. ACCORDING TO SHORT PLAT RECORDED APRIL 10, 1975 IN VOLUME 2 OF SHORT PLATS AT PAGE 39, IN PIERCE COUNTY, WASHINGTON.
TOGETHER WITH A 30 FEET EASEMENT FOR INGRESS AND EGRESS AS DELINEATED ON SAID SHORT PLAT.
ALSO TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER, UNDER AND ACROSS A STRIP OF LAND 60 FEET IN WIDTH, 30 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH RANGE 1 EAST OF THE WILLAMETTE MERIDIAN;
THENCE WEST ALONG THE NORTH LINE OF SAID SUBDIVISION 664,22 FEET. MORE OR LESS. TO THE NORTHWEST CORNER OF SAID SUBDIVISION AND THE TERMINUS OF SAID CENTERLINE.
SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON
Commonly known as: 4714A & 4714B 69th Street NW, Gig Harbor, WA 98335
which is subject to that certain Deed of Trust dated January 23, 2020, recorded January 29, 2020 under Recording No. 202001290660, records of Pierce County, Washington, from 3606 Portland Ave LLC, a Washington limited liability company, as Grantor, to Fidelity National Title Company of Washington, as Trustee, to secure an obligation in favor of Arizona Instant Funding, LLC, as Beneficiary. II.
THERE ARE NO LEGAL ACTIONS PENDING
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 defaults for which this foreclosure is made are as follows: Failure to pay when due the following amounts, which are now in arrears:
Outstanding principal balance $545,000.00
Default Interest @ 29% per annum from 10/1/2020 to 7/16/2020 $126,879.67
SUM OWING ON THE OBLIGATION
The sum owing on the obligation secured by the Deed of Trust is: Principal $545,000.00, together with interest as in the Note or other instrument secured from the first 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.
ACTS REQUIRED TO CURE DEFAULT
The above described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on the 12th day of November, 2021. The default(s) referred to in paragraph III must be cured by the 1st day of November, 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 on or before 1st day of November, 2021 (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 1st day of November, 2021 (11 days before the sale date) and before the sale by the Borrower, any 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.
PRIOR NOTICE OF DEFAULT TRANSMITTED
A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addresses:
4714A to 4714B 69th St NW, Gig Harbor, WA 98335
PO Box 1399, Shelton, WA 98584
16430 6th Ave W Unit B, Lynnwood, WA 98037-8101
19916 Old Owen Rd #178, Monroe, WA 98272-9778
by both first class and either registered or certified mail on the 25th day of May, 2021, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on May 30, 2021, 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 posting.
STATEMENT OF COSTS AND FEES
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.
EFFECT OF TRUSTEE’S SALE
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.
RESTRAINT OF SALE BY LAWSUIT
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 bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee’s sale.
NO REPRESENTATIONS OR WARRANTIES BY SUCCESSOR-TRUSTEE
The Successor-Trustee makes no representations or warranties concerning what interest in the real property described above is being sold. The Deed of Trust lien foreclosed may not be a first lien position, or there may be other prior encumbrances of title. The Successor-Trustee is not required to provide title information concerning this property. Any person interested in this foreclosure is encouraged to make his or her own investigation concerning the ownership of the property, and the position on title of the Deed of Trust being foreclosed. Any person interested in the foreclosure is also encouraged to consult an attorney, as the Successor-Trustee will not provide legal advice concerning the foreclosure. The Successor Trustee does not provide information concerning the location of the debtors nor concerning the condition of the property, or whether there are any environmental or hazardous waste liabilities or problems connected with this property. Any person desiring title information, information concerning the physical condition of the property, information concerning any hazardous waste or environmental issues, or other information about the real property being foreclosed should obtain all such information independently.
NOTICE TO OCCUPANTS OR TENANTS
The purchaser at the trustee’s sale is entitled to possession of the property on the twentieth (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 twentieth (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.
NOTICE TO GUARANTORS
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; (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 day of July, 2021.
MCFERRAN LAW, P.S.
/s/Jeanne M. Bowie
By: Jeanne M. Bowie, Agent for Trustee
STATE OF WASHINGTON) ss
COUNTY OF PIERCE)
On this _____ day of July, 2021, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jeanne M. Bowie, to me known to be the agent for McFerran Law, P.S., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation.
GIVEN under my hand and official seal this day of July, 2021. Notary Public in and for the State of Washington
Print Name: My Commission Expires: Notice is being sent to:
TO: 3606 Portland Ave LLC CERTIFIED MAIL
PO Box 1399 and first-class mail
Shelton, WA 98584 TO: 3606 Portland Ave LLC
c/o Laneattra McQueen CERTIFIED MAIL
and first-class mail
19916 Old Owen Rd #178 Monroe, WA 98272-9778 TO: 3606 Portland Ave LLC CERTIFIED MAIL
16430 6th Ave W Unit B and first-class mail
Lynnwood, WA 98037-8101 TO: Anthony McQueen
3584 E Portland Ave
Tacoma, WA 98404 CERTIFIED MAIL
and first-class mail
4714A to 4714B 69th St NW
Gig Harbor, WA 98335 CERTIFIED MAIL
and first-class mail
and posted on subject property
October 12, November 2, 2021