Re: TS3 Distribution LLC
NOTICE OF TRUSTEE’S SALE
OF COMMERCIAL LOAN(S) (Pursuant to the Revised Code of Washington 61.24, et. Seq.) I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 13th day of October, 2023, at the hour of 10 o’clock A.M. at the Pierce County Superior Courthouse, 930 Tacoma Avenue South, Tacoma WA 98402, at the 2nd Floor Entry Plaza outside the county courthouse, State of 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 State of Washington, to-wit:
ALL OF GOVERNMENT LOT 1, SECTION 14, TOWNSHIP 17 NORTH, RANGE 4 EAST OF THE W.M., IN PIERCE COUNTY, WASHINGTON; EXCEPT THE NORTH 500 FEET OF THE EAST 350 FEET THEREOF; EXCEPT THE FOLLOWING DESCRIBED TRACT:
BEGINNING AT A POINT ON THE EAST LINE OF SAID GOVERNMENT LOT 1, WHICH POINT IS SOUTH 2°20’ EAST 500 FEET FROM THE NORTHEAST CORNER THEREOF;
THENCE SOUTH 88°03’ WEST 226.0 FEET; THENCE SOUTH 6°19’ WEST 162.6 FEET;
THENCE SOUTH 21°38’ WEST 235.8 FEET; THENCE SOUTH 31°32’ WEST 217.3 FEET;
THENCE SOUTH 54°24’ WEST 269.4 FEET TO THE SHORE LINE OF LAKE TANWAX;
THENCE SOUTHERLY ALONG SAID SHORE LINE TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1; THENCE EAST ALONG SAID SOUTH LINE OF SAID LOT TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 2°20’ WEST ALONG THE EAST LINE THEREOF TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DEDICATED TO PIERCE COUNTY FOR BOYS CLUB ROAD BY INSTRUMENT RECORDED UNDER RECORDING NO. 2167774.
Commonly known as: 32919 E BENBOW DR, GRAHAM, WA 98338-9089
Assessor’s Parcel No: 041714-4005
which is subject to that certain Deed of Trust dated APRIL 6, 2022 AS INSTRUMENT NO. 202204110256, records of Pierce County, Washington, from TS3 DISTRIBUTION, LLC, A WYOMING LIMITED LIABILITY COMPANY, as Grantor, to First American Title Insurance Company as Trustee and assigned to Walker Law Offices, PS as Successor Trustee, to secure an obligation in favor of FIDELIS EQUITY AND REAL ESTATE FUND B, A WA LLC, as Beneficiary.
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 Beneficiary alleges default of the Deed of Trust for failure to satisfy the loan upon maturity and pay the following amounts now in arrears and/or other defaults:
Amounts are shown as of 7/31/2023. Contact Walker Law Offices, PS for the exact payoff amount
Lender’s amounts due:
Loan # 220229
Unpaid Principal Balance: $1,730,000.00
Accrued Interest: $95,678.59
Accrued Late Charges: $7,929.17
Unpaid Charges: $3,166.73
Other Fees: $137,788.56
Total Amount Due to Cure Default as of 07/31/23: $1,974,563.05
Trustee’s Expenses:
Trustee’s fee: $2750.00
Title report: $3,487.76
Statutory Mailings: $70.00
Recording Costs: $215.00
Postings: $125.00
Publication Fees: $1200.00
Total trustee’s fees: $7,847.76
TOTAL: $1,982,410.81
IV.
The sum owing on the obligation secured by the Deed of Trust is: Original Principal of $1,730,000.00 plus any loan modification(s) together with interest as provided in the note or other instrument secured from April 11, 2022 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 the 13th day of October, 2023. The default(s) referred to in paragraph III must be cured 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 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 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 and Grantor at the following address(es):
TS3 Distribution LLC
30 N Gould Street – Suite R
Sheridan, WY 82801
by both first-class and certified mail on the 18th day of April, 2023 proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on the 18th day of April, 2023, 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 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.
X.
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.
Walker Law Offices, PS
By: Jerry Walker, president
4205 148th Avenue NE – STE 200
Bellevue, WA 98007-7114
(425) 440-2057
IDX-979764
September 12, October 3, 2023