Re: Smart Infinity Investments

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 17th day of November, 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:

THE SOUTH 60 FEET OF LOTS 11 AND 12 IN BLOCK 4025 OF MAP OF NEW TACOMA, WASHINGTON TERRITORY, AS PER PLAT RECORDED FEBRUARY 3, 1875, RECORDS OF PIERCE COUNTY AUDITOR;

SITUATE IN THE CITY OF TACOMA, COUNTY OF PIERCE, STATE OF WASHINGTON

Commonly known as: 1215 10TH ST, TACOMA, WA 98403-1512

Assessor’s Parcel No: 204025-0080

which is subject to that certain Deed of Trust dated APRIL 22, 2022 and recorded APRIL 25, 2022, AS INSTRUMENT NO. 202204250429, records of Pierce County, Washington, from SMART INFINITY INVESTMENTS LLC, A TEXAS 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 A, 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:

Unpaid Principal Balance: $498,000.00

Accrued Interest: $36,672.17

Unpaid Charges: $100.00

Other Fees: $47,063.67

Less: Trust Balance $89,098.00

Total Amount Due to Cure Default as of 07/31/23: $495,933.34

Accrued Late Charges: $3,195.50

Trustee’s Expenses:

Trustee’s fee: $2750.00

Title report: $ 1,548.61

Statutory Mailings: $60.00

Recording Costs: $215.00

Postings: $125.00

Publication Fees: $1200.00

Total trustee’s fees: $5,898.61

TOTAL: $501,831.95

IV.

The sum owing on the obligation secured by the Deed of Trust is: Original Principal of $498,000.00 plus any loan modification(s) together with interest as provided in the note or other instrument secured from APRIL 25, 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 17th day of November, 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):

Smart Infinity Investments, LLC

8850 Howard Dr

Houston, TX 77017

by both first-class and certified mail on the 29th day of June, 2023 proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on the 29th day of June, 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-981547

October 17, November 7, 2023