Re: AVT Services LLC
WLO File No.: 22-225
First American File No. 5002553-8767638
Trustee: Walker Law Offices, PS
Grantor: AVT SERVICES LLC, A WASHINGTON LIMITED LIABILITY COMPANY
Grantee: FIDELIS EQUITY AND REAL ESTATE FUND A, A WASHINGTON LIMITED LIABILITY COMPANY
Ref to DOT Auditor File No.: 201904260852
Tax Parcel ID No.: 401541-8220
Abbreviated Legal: PTN OF TRACT 234, FRUITLAND GARDEN TRACTS DIV NO. 4, BOOK 10, PG 93
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 3rd day of June, 2022, 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:
TRACT 234, FRUITLAND GARDEN TRACTS DIVISION NO. 4, ACCORDING TO PLAT RECORDED IN BOOK 10 OF PLATS AT PAGE 93, IN PIERCE COUNTY, WASHINGTON;
EXCEPT THE FOLLOWING PORTION OF SAID TRACT 234;
BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT 234;
THENCE NORTH 00°08’44” WEST 302.83 FEET TO THE NORTHWEST CORNER OF SAID TRACT 234;
THENCE NORTH 88°13’55” EAST ALONG THE NORTH LINE OF SAID TRACT, 4.08 FEET TO A WIRE FENCE;
THENCE SOUTH 04°50’30” EAST ALONG SAID WIRE FENCE 303.17 FEET TO THE SOUTH LINE OF SAID TRACT 234;
THENCE SOUTH 88°17’30” WEST ALONG SAID SOUTH LINE 28.91 FEET TO THE POINT OF BEGINNING.
(BEING PARCEL C OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NUMBER 9605280598)
SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON.
Commonly known as:
5703 E 152ND ST, PUYALLUP, WA 98375-7415
Assessors Parcel No: 401541-8220
which is subject to that certain Deed of Trust dated April 22, 2019 recorded April 26, 2019 AS INSTRUMENT NO. 201904260852, records of PIERCE County, Washington, from AVT SERVICES LLC, A WASHINGTON STATE LIMITED LIABILITY COMPANY as Grantor, to FIRST AMERICAN TITLE 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 A, A WASHINGTON LIMITED LIABILITY COMPANY, 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 3/31/2022. Contact Walker Law Offices, PS for the exact payoff amount
Lender’s amounts due:
Unpaid principal and points: $3,135,392.50
Accrued Interest from 12/1/2021 to 1/31/2022: $64,798.12
Unpaid Late Charges: $2,482.18
Accrued Late Charges: $3,134.64
Unpaid charges and fees: $440.00
Trust Balance: $750.17
Total: $3,205,497.47
Trustee’s Expenses:
Trustee’s fee: $2,500.00
Title report: $3,536.58
Statutory Mailings: $45.00
Recording Costs: $208.50
Postings: $125.00
Publication Fees: $850.00
Total trustee’s fees: $7,265.08
TOTAL: $3,212,762.55
IV.
The sum owing on the obligation secured by the Deed of Trust is: Original Principal $1,750,000.00 plus any loan modification(s) together with interest as provided in the note or other instrument secured from the 22nd day of April, 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 the 3rd day of June, 2022. 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 addresses:
AVT Services, LLC
1633 S Geiger St
Tacoma, WA 98465
by both first-class and certified mail on the 7th day of January, 2022 proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on the 12th day of January, 2022, 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-949534
May 5, 26, 2022