In Re: Lay v. Gruenkemier

NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN

PURSUANT TO THE REVISED CODE OF WASHINGTON

CHAPTER 61.24, ET.SEQ.

Grantors: Scott T. Lay

Grantee/Current Beneficiary of the Deed of Trust: Jens Gruenkemier

Current trustee of the Deed of Trust: Rainier Trustee Services, Inc.

Current mortgage servicer of the deed of trust: Jens Gruenkemier

Reference number of the Deed of Trust: 202104140678

Parcel number(s): 2985000090

I.

NOTICE IS HEREBY GIVEN that the undersigned Trustee, Rainier Trustee Services, Inc. will on March 15, 2024, at the hour of 10:00 a.m., outside the 2nd Floor Entry Plaza, County-City Building, 930 Tacoma Avenue S., Tacoma, WA 98402, in the City of Tacoma, State of Washington, in the 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:

Lots 18, 19, and 20, in Block 1 of Chapin’s First Addition to the City of Tacoma, as per plat recorded in Volume 8 of Plats, Page 112; records of Pierce County Auditor;

Situate in the County of Pierce, State of Washington.

Pierce County Tax Parcel No.: 2985000090

Which is subject to that certain Deed of Trust recorded in the real property records of Pierce County, Washington on April 14, 2021 under Instrument No. 202104140678, in which Scott T. Lay, as his separate estate, is Grantor, Ticor Title Insurance Company is the original Trustee, and Jens Gruenkemier is the Beneficiary. Jens Gruenkemier is the current holder of the obligation secured by the above referenced Deed of Trust.

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 Default for which this foreclosure is made is as follows: Failure to pay when due the following amounts which are now in arrears:

a. Failure to pay the following past due amounts, which are in arrears:

Note and Deed of Trust are due in full:

Unpaid Principal Balance: $500,000.00

Accrued Interest through 12/15/2023: $58,191.78

Late Charges under paragraph 5 of Note: $51,666.67

TOTAL: $609,858.45*

*Plus Trustee’s Fees and Costs.

b. Default other than failure to make payment due: N/A

IV.

The sum owing on the obligation secured by the Deed of Trust is: Principal $500,000.00 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 said Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on March 15, 2024. The defaults referred to in paragraph III must be cured before the sale on March 15, 2024 to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before the sale the defaults as set forth in paragraph III 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 principal and interest 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 Trustee to the Borrower, Grantor, Guarantors and other interested parties at the following addresses:

Scott T. Lay

4541 E. F Street Tacoma, WA 98404

Spouse of Scott T. Lay 4541 E. F Street

Tacoma, WA 98404

by both first class and certified mail on October 18, 2023, proof of which is in the possession of the Trustee; with said written Notice of Default was posted in a conspicuous place on the real properties described in paragraph I above, and the Trustee has in his possession proof of such service or posting.

VII.

The Trustee whose name and address is 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 R.C.W. 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.

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. 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.

DATED: December 5, 2023

RAINIER TRUSTEE SERVICES, INC., Successor Trustee

/s/ John A. McIntosh

John A. McIntosh, Vice President

Rainier Trustee Services, Inc. c/o

SCHWEET LINDE & ROSENBLUM, PLLC

575 S. Michigan Street

Seattle, WA 98108

(206) 381-0118

STATE OF WASHINGTON )

) ss.

COUNTY OF KING )

On this day before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared JOHN A. MCINTOSH, to me known to be the Vice President of the corporation that executed the foregoing NOTICE OF TRUSTEE’S SALE, 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 he is authorized to execute the said instrument.

Given under my hand and official seal on December 5, 2023.

/s/ Karen L. Linde

Karen L. Linde

Notary Public in and for the

State of Washington, residing at: Seattle

My commission expires: 1/19/2025

IDX-991645

February 15, March 7, 2024