NOTICE OF TRUSTEE’S SALE
OF COMMERCIAL LOAN
Pursuant to the Revised Code of Washington,
Chapter 61.24 RCW
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on the 20th day of December, 2024, at the hour of 10:00 o’clock a.m., at the second floor entry plaza outside Pierce County Courthouse, 930 Tacoma Ave South, City of Tacoma, State of Washington, sell at public auction to the highest and best bidder, payable, in the form of cash, cashier’s check or certified checks from federally or State chartered banks, at the time of sale, the following described real property, situated in the county of Pierce, State of Washington, to wit:
A PORTION OF GOVERNMENT LOT 4 IN SECTION 25, TOWNSHIP 21 NORTH, RANGE 1 WEST, W.M., IN PIERCE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 25; THENCE ALONG THE SOUTH LINE OF SAID SECTION, WEST 7.18 FEET; THENCE NORTH 10 30’00” WEST, 305.51 FEET; THENCE NORTH 45 30’00” WEST, 45 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE NORTH 45 30’00” WEST 48.43 FEET; THENCE NORTH 02 31’06” WEST, 411.96 FEET TO THE GOVERNMENT MEANDER LINE; THENCE SOUTH 88 30’06” EAST ALONG SAID MEANDER LINE, 65 FEET; THENCE SOUTH 04 02’04” WEST, 278.86 FEET TO THE TRUE POINT OF BEGINNING;
TOGETHER WITH SECOND CLASS TIDE LANDS, AS CONVEYED BY THE STATE OF WASHINGTON, TO THE LINE OF MEAN LOW TIDE, SITUATE IN FRONT OF, ADJACENT TO, OR ABUTTTING THEREON; TOGETHER WITH A NON-EXCLUSIVE EASEMENT FOR ROADWAY PURPOSES, AS GRANTED BY INSTRUMENT RECORDED UNDER RECORDING NO. 1896759, OVER A 60 ROAD, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE SOUTH LINE OF GOVERNMENT LOT 4 IN SECTION 25, TOWNSHIP 21 NORTH, RANGE 1 WEST, W.M., IN PIERCE COUNTY, WASHINGTON, WHICH IS THE SOUTH QUARTER CORNER OF SAID SECTION 25; THENCE WEST 246.41 FEET; THENCE NORTH 24 31’00” EAST, 32.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE EAST 220 FEET; THENCE NORTH 10 30’00” WEST, 275 FEET; THENCE NORTH 45 30’00” WEST, 115 FEET; THENCE SOUTH 82 00’00”, 75 FEET TO THE CENTER OF CUL-DE-SAC WITH A RADIUS OF 50 FEET;
ALSO TOGETHER WITH A NON-EXCLUSIVE EASEMENT OVER THE FOLLOWING DESCRIBED PROPERTY FOR ITS USE AS A RECREATIONAL AREA, AS GRANTED IN INSTRUMENT RECORDED UNDER RECORDING NO. 1896759;
BEGINNING AT A STONE MONUMENT ON THE SOUTH LINE OF GOVERNMENT LOT 4 IN SECTION 25, TOWNSHIP 21 NORTH, RANGE 1 WEST, W.M., IN PIERCE COUNTY, WASHINGTON, 425.74 FEET WEST OF THE QUARTER CORNER BETWEEN SECTIONS 25 AND 26, AND AT THE END OF THE HOFF COUNTY ROAD;
THENCE NORTH 33 30’00” EAST, 35.57 FEET; THENCE EAST 173.88 FEET; THENCE NORTH 24 30’00” EAST, 211.28 FEET; THENCE NORTH 46 13’00” WEST, 156.06 FEET, BEING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 46 13’00” WEST, 297.70 FEET TO THE GOVERNMENT MEANDER LINE OF SAID LOT ON JOES’ BAY; THENCE ALONG THE GOVERNMENT MEANDER LINE NORTH 40 43’15” EAST, 55.93 FEET; THENCE SOUTH 46 13’00” EAST, 300.69 FEET; THENCE SOUTH 43 47’00” WEST, 55.85 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION USED AS A ROAD;
SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON.
Parcel Number: 0021253044
Commonly known as 1707 Von Geldern Cove Rd NW, Lakebay, Pierce County, Washington (0021253044) (the “Real Property”) which is subject to that certain Deed of Trust dated June 22, 2021, recorded June 29, 2021, under Auditor’s File No. 202106290406, records of Pierce County, State of Washington from TGC Investments, LLC, as Grantor to Nelson & Allen, P.S., a Washington Legal Services Professional Corporation, as Trustee, to secure an obligation (the “Obligation”) in favor of Anderson Family Trust, the original Beneficiary. By that certain Assignment of Deed of Trust dated August 8, 2024, recorded August 8, 2024, under Auditor’s File No. 202408080261, records of Pierce County, State of Washington, the current beneficiary is Cristobal Aircraft Brokerage, LLC. By that certain Appointment of Successor Trustee dated August 8, 2024, recorded August 8, 2024, under Auditor’s File No. 202408080276, the Beneficiary has appointed Fenix Law, P.S. as successor trustee.
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 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 pay the following amounts now in arrears or for which performance is now past due:
Principal due in full (as of 9/16/2024) $75,000.00
Interest ($36.99 per diem) $1,738.53
Accrued Late Fees
$1,650.00
Collection Fees (est.) $6,225.18
Attorney’s Fees (est.)
$5,662.50
Prepayment Premium
Reserved
Posting/Service Fees (est.) $150.00
BPO
Reserved
Postage (est.) $100.00
Property Preservation
Reserved
Subtotal
$90,526.21
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal $75,000.00 together with interest as provided in the note or other instrument secured from the 22nd day of June, 2021, and such other costs and fees as are due under the note or other instrument secured, and as they 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 20th day of December, 2024.
The sale will be discontinued and terminated if at any time on or before the 9th day of December, 2024 (11 days before the sale), the default as set forth in paragraph III is cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after the 9th day of December, 2024 (11 days before the sale date), and before the sale by the Grantor or the Grantor’s successor in interest 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 Grantor or the Grantor’s successor in interest at the following addresses:
TGC Investments, LLC
PO Box 514
Lakebay, WA 98349-0514
TGC Investments, LLC
1707 Von Geldern Cove Rd NW Lakebay, WA 98349
TGC Investments, LLC
20508 Orville Rd E
Orting, WA 98360
TGC Investments, LLC
3621 Vernhardson St
Gig Harbor, WA 98332-2143
by both first class and certified mail on the 14th day of August, 2024, proof of which is in the possession of the Trustee; and on the 13th day of August, 2024, the Grantor or the Grantor’s successor in interest was personally served with said written notice of default and/or 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.
Notice to Occupants or Tenants:
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. XI.
Notice to Guarantors:
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. 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 cost.
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. The Guarantor will have no right to redeem the Property after the trustee’s sale. Any action 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 (subject to such longer periods as are provided in RCW 61.24).
DATED this 16th day of September, 2024.
FENIX LAW, P.S.
CHAD E. AHRENS, WSBA #36149
Successor Trustee
Tel: (253) 356-7156 IDX-1004598
November 15, December 6, 2024