NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN
PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24, ET SEQ.
TO: Estate of Fred R. Roberson c/o Harlowe & Falk, LLP
One Tacoma Ave. N., Ste 300 Tacoma, WA 98403
Heirs & Devisees of
Fred R. Roberson
6240 Tacoma Mall Blvd.
Tacoma, WA 98409
Sylvia Anne Roberson
c/o Roberson Building Company
5631 Tacoma Mall Blvd Ste 2
Tacoma, WA 98409
Laura M. Fisch
174 Further Lane
East Hampton, NY 11937
Cynthia G. Shaw
10016 Edmonds Way C-231
Edmonds, WA 98020
Mathew S. Shaw
c/o Roberson Building Company
5631 Tacoma Mall Blvd Ste 2
Tacoma, WA 98409
Roberson Building Company, LLC
1944 Pacific Ave Ste 210
Tacoma, WA 98402
Occupants 6240 Tacoma Mall Blvd.
Tacoma, WA 98409
Sylvia Anne Roberson 2252 Day Island Blvd W
University Place, WA 98466
Laura M. Fisch
c/o Walter Q. Impert
701 Fifth Ave., Ste 6100
Seattle, WA 98104
Tenants 6240 Tacoma Mall Blvd.
Tacoma, WA 98409
Liquor and Cannabis Board
c/o Bob Ferguson
Attorney General
P.O. Box 40100
Olympia, WA 98504
Mathew S. Shaw, Co-Personal Representative
Sylvia Anne Roberson,
Co-Personal Representative
c/o Robert D. Pentimonti,
Attorney at Law
Harlowe & Falk, LLP
1 N. Tacoma Ave., Suite 300
Tacoma, WA 98403
TO: Other purported owners, junior lienholders or encumbrancers interested in the real property described below; and
TO: Tenants or occupants of the real property described below.
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on the 6th day of December, 2024, at the hour of 10:00 o’clock A.M., at the second floor entrance of the Pierce County-City Building, 930 Tacoma Ave., Tacoma, Washington 98402, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property, situated in Pierce County, State of Washington, to-wit:
Lot 20, Block 14, WAPATO HILLS ADDITION, according to Plat thereof recorded in Book 9 of Plats, Page 26, records of Pierce County Auditor; TOGETHER with the East half of Summit Street abutting thereon as vacated by Ordinance No. 21476 and recorded under Auditor’s File No. 2854809;
EXCEPT that portion conveyed to the City of Tacoma by Deeds recorded under Auditor’s File Nos. 2849220 and 2941409.
Situate in the County of Pierce, State of Washington.
and commonly known as 6240 Tacoma Mall Blvd., Tacoma, WA 98409, and which is subject to that certain deed of trust (the “Deed of Trust”) dated April 13, 2021 and recorded on April 22, 2021 under Auditor’s File No. 202104220676, records of Pierce County, Washington from Fred Roberson, as grantor (“Grantor”), to Trustee Services, Inc., as original trustee, to secure an obligation in favor of Heritage Bank, as beneficiary. On October 16, 2023, the beneficiary appointed Selby Morgan & Born, PLLC as successor Trustee, pursuant to an Appointment of Successor Trustee recorded October 16, 2023, under Pierce County Auditor’s File No. 202310160302. 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:
1. Failure to pay when due the following amounts which are now in arrears:
Arrearage (as of 8/14/2024): A. Past due principal: $959,768.80
B. Past due interest:
$58,060.26
C. Miscellaneous/reconveyance fees:
$850.00
Note Arrearage: $ 1,018,679.06
Trustee’s Expenses (as of 8/14/2024):
A. Title report: $ 3,110.33
B. Trustee’s Fee & Attorney fees: $ 5,500.00
C. Statutory Mailings: $ 50.00
D. Postings & copies:
$ 133.00
E. Recording costs:
$ 308.50
Total Expenses: $ 9,101.83 Total: $ 1,027,780.89
Plus additional interest, late charges, expenses and/or fees after August 14, 2024 to date of cure.
IV.
The sum owing on the obligation secured by the Deed of Trust is: principal of $959,768.80 together with interest, late charges, trustee’s fees, attorney’s fees, costs, foreclosure expenses, and property taxes as provided in the note or other instrument secured, 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 6th day of December, 2024. The defaults referred to in Paragraph III, together with any subsequent payments, late charges, property taxes, advanced costs and fees thereafter due must be cured by the 25th day of November, 2024 (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 the 25th day of November, 2024 (11 days before the sale date), the defaults as set forth in Paragraph III, together with any subsequent payments, late charges, property taxes, advanced costs and fees thereafter due are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after the 25th day of November, 2024 (11 days before the sale date) and before the sale by the borrower, Grantor, any guarantor or the holder of any recorded junior lien or encumbrance by 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 to the Grantor at the following addresses:
Estate of Fred R. Roberson
c/o Robert Pentimonti
One Tacoma Ave. N., Ste 300 Tacoma, WA 98403
Heirs & Devisees of
Fred R. Roberson
6240 Tacoma Mall Blvd.
Tacoma, WA 98409
Sylvia Anne Roberson
c/o Roberson Building Company
5631 Tacoma Mall Blvd Ste 2
Tacoma, WA 98409
Laura M. Fisch
174 Further Lane
East Hampton, NY 11937
Cynthia G. Shaw 10016 Edmonds Way C-231
Edmonds, WA 98020
Mathew S. Shaw
c/o Roberson Building Company
5631 Tacoma Mall Blvd Ste 2
Tacoma, WA 98409
Roberson Building Company, LLC
1944 Pacific Ave Ste 210 Tacoma, WA 98402
Occupants
6240 Tacoma Mall Blvd.
Tacoma, WA 98409
Sylvia Anne Roberson 2252 Day Island Blvd W
University Place, WA 98466
Laura M. Fisch
c/o Walter Q. Impert
701 Fifth Ave., Ste 6100
Seattle, WA 98104
by both first class and certified mail on the 9th day of July, 2024, proof of which is in the possession of the Trustee; and the written notice of default was posted in a conspicuous place on the real property described in Paragraph I above on July 9, 2024, and the Trustee has possession of 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 its 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 the 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. 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.
XI. NOTICE TO GUARANTORS
GUARANTORS: Please take notice that: (1) the guarantor(s) 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(s) 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 guaranty 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(s) 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. If you filed bankruptcy or have been discharged in bankruptcy, this communication is not intended as an attempt to collect a debt from you personally, but is notice of default related to enforcement of the deed of trust lien against the property.
DATED: August 15, 2024. SELBY MORGAN & BORN, PLLC, Trustee
By /s/ Brian M. Born, Authorized Representative
1019 Regents Blvd., Ste 103
Fircrest, WA 98466
(253) 446-8610
IDX-1004764
November 5, 26, 2024
