Re: Burnindaylight LLC
NOTICE OF TRUSTEE’S SALE PURSUANT TO R.C.W. CHAPTER 61.24
TO: BURNINDAYLIGHT, LLC, a Washington limited liability company:
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will on January 8, 2021, at the hour of 9:00 a.m., in the Courtyard Plaza Outside the Second Floor Entrance of the Pierce County Courthouse, 930 Tacoma Ave. South, City of Tacoma, 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:
LOT 6, BLOCK 1, LAKE TAPPS TACOMA POINT, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 17 OF PLATS, PAGES 1 THROUGH 8, INCLUSIVE, IN PIERCE COUNTY, WASHINGTON.
the postal address of which is more commonly known as: 1215 182ND AVE. E, LAKE TAPPS, WA 98391, which is secured by a August 28, 2018, Deed of Trust recorded August 29, 2018, under Auditor No. 201808290515, records of Pierce County, WA, BURNINDAYLIGHT, LLC, a Washington limited liability company (collectively “Grantor”), the beneficial interest in which is now held by KIM GREER and LISA GREER.
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 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:
Default Amount Due
a. Payments of $11,552.11 per month for March 2019 through January 2021 $277,250.64
b. Late charge of $975.00 per month for March through January 2021 $23,400.00
TOTAL AMOUNT IN ARREARS: $300,650.64
OTHER CHARGES, COSTS AND FEES:
In addition to the amounts in arrears specified above, you are or may be obligated to pay the following charges, costs and fees to reinstate the deed of trust if reinstatement is made before recording of the Notice of Trustee’s Sale:
Amount Due
a. Cost of Trustee Sale Guarantee – Ticor Title $2,988.70
b. Attorney Fee for Notice of Default $700.00
c. Attorney Fee for AST $100.00
d. Record AST $36.00
e. Fedex (2x) AST $39.12
f. Attorney Fee for NOF / NTS $6,816.65
g. Postage $250.00
h. Publication $1,500.00
i. Bankruptcy Attorney Fees – Dave E. Ash $6,958.55
TOTAL OTHER COSTS $19,389.02
In addition to the amounts in arrears specified above AND below, you are obligated to pay the following charges, costs and fees to reinstate the deed of trust if reinstatement is made before recording of the Notice of Trustee’s Sale:
1. PAY ALL UNPAID REAL PROPERTY TAXES (IF ANY) DUE TO THE PIERCE COUNTY TREASURER IN AN AMOUNT NOT LESS THAN $13,249.16 FOR THE YEARS 2019 AND 2020 AND PROVIDE DOCUMENTATION AS TO PROOF OF FULL PAYMENT.
2. PROVIDE A FIRE AND LIABILITY INSURANCE BINDER LISTING BENEFICIARY AS LOSS PAYEE.
TOTAL CURRENT ESTIMATED REINSTATEMENT AMOUNT: $320,039.66
IV.
The sum owing on the obligation secured by the deed of trust is principal of $1,015,560.00 together with interest as provided in the note or other instrument 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 January 8, 2021. The default(s) referred to in paragraph III must be cured by December 28, 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 December 28, 2020 (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 December 28, 2020 (11 days before the sale date), and before the sale by the Borrower, Grantor, and 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):
BURNINDAYLIGHT LLC
14204 156TH ST
RENTON WA 98059 BURNINDAYLIGHT LLC
18040 SE256TH ST
KENT WA 98042
DONALD J SUMPTER
18040 SE 256TH ST
KENT WA 98042 OCCUPANT
1215 182ND AVE E
LAKE TAPPS, WA 98391
SUMPTER FAMILY LIVING TRUST
DONALD J SUMPTER TRUSTEE
1215 182ND AVE E
LAKE TAPPS WA 98391 JANE DOE SUMPTER
1215 182ND AVE E
LAKE TAPPS WA 98391
SUMPTER FAMILY LIVING TRUST
DONALD J SUMPTER TRUSTEE
PO BOX 24943
FEDERAL WAY WA 98093 DONALD J SUMPTER
PO BOX 24943
FEDERAL WAY WA 98093
BURNINDAYLIGHT LLC
DONALD J SUMPTER GOVERNOR
12005 SE 73RD PL
NEWCASTLE WA 98056 BURNINDAYLIGHT LLC
DONALD J SUMPTER GOVERNOR
PO BOX 7007
COVINGTON WA 98042
SUMPTER FAMILY LIVING TRUST
DONALD J SUMPTER TRUSTEE
18040 SE256TH ST
KENT WA 98042 JANE DOE SUMPTER
PO BOX 24943
FEDERAL WAY WA 98093
BURNINDAYLIGHT LLC
1215 182ND AVE E
LAKE TAPPS WA 98391 JANE DOE SUMPTER
PO BOX 7007
COVINGTON WA 98042
DONALD J SUMPTER
1215 182ND AVE E
LAKE TAPPS WA 98391 OCCUPANT
1215 182ND AVE E
LAKE TAPPS WA 98391
SUMPTER FAMILY LIVING TRUST
DONALD J SUMPTER TRUSTEE
14204 156TH ST
RENTON WA 98059 JANE DOE SUMPTER
14204 156TH ST
RENTON WA 98059
DONALD J SUMPTER
14204 156TH ST
RENTON WA 98059 DONALD J SUMPTER
PO BOX 24943
FEDERAL WAY WA 98093
SUMPTER FAMILY LIVING TRUST
DONALD J SUMPTER TRUSTEE
PO BOX 7007
COVINGTON WA 98042 JANE DOE SUMPTER
PO BOX 24943
FEDERAL WAY WA 98093
DONALD J SUMPTER
PO BOX 7007
COVINGTON WA 98042 ATTORNEY DARREL B CARTER
11400 SE 8TH ST STE 235
BELLEVUE WA 98004-6463
SUMPTER FAMILY LIVING TRUST
DONALD J SUMPTER TRUSTEE
PO BOX 24943
FEDERAL WAY WA 98093 INTERNAL REVENUE SERVICE
LOCAL ADVISORY GROUP
915 SECOND AVE M/S W245
SEATTLE WA 98174
SUMPTER FAMILY LIVING TRUST
C/O DONALD J SUMPTER TRUSTEE
12005 SOUTHEAST 73RD PL
RENTON WA 98056 UNITED STATES TRUSTEE
700 STEWART ST STE 5103
SEATTLE WA 98101
UNITED STATES TRUSTEE
C/O MARTIN L SMITH ATTORNEY
700 STEWART ST STE 5103
SEATTLE WA 98101 DARREL BLAINE CARTER
11400 SE 8TH ST STE 235
BELLEVUE, WA 98004-6463
by both first class and certified mail on the 7th day of November, 2019, proof of which is in the possession of the Trustee, and said written notice of default was posted on the 17th day of November, 2019, in a conspicuous place on the real property described in paragraph I above, and the Successor 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. Service of process of any lawsuit or legal action may be made on the Trustee, whose address is 7 S. Howard Ave., Ste. 218, Spokane, WA 99201.
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 by summary proceedings under Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with Section 2 of the Act. If you are renting this property, the new property owner may either give you a new rental agreement or provide you with a notice to vacate the property.
XI.
NOTICE TO GUARANTORS OF A COMMERCIAL LOAN
Pursuant to RCW 61.24.042, notice is hereby given to the Guarantors of a commercial loan 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 guarantee 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.
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DATED this 21st day of August, 2020.
ROBERT R. ROWLEY, P.S.
/s/ ROBERT R. ROWLEY, Successor Trustee
7 S. Howard St., Ste. 218
Spokane, Washington 99201
(509) 252-5074
NOTICE TO OCCUPANTS/TENANTS
To: Resident of Property Subject to Foreclosure Sale
RCW 61.24.143
Foreclosure of tenant-occupied property-Notice of trustee’s sale.
The foreclosure process has begun on this property, which may affect your right to continue to live in this property. Ninety days or more after the date of this notice, this property may be sold at foreclosure. If you are renting this property, the new property owner may either give you a new rental agreement or provide you with a sixty-day notice to vacate the property. You may wish to contact a lawyer or your local legal aid or housing counseling agency to discuss any rights that you may have.
IDX-907522
December 8 & 29, 2020
