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 21st day of March, 2025, 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:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 20 NORTH, RANGE 3 EAST, W.M.; THENCE SOUTH 87°44’15” EAST 164.74 FEET;
THENCE NORTH 01°28’56” EAST 148.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01°28’56” EAST 267.70 FEET; THENCE SOUTH 87°44’15” EAST 164.62 FEET TO A POINT ON THE EAST LINE OF WEST ONE-HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 20 NORTH, RANGE 3 EAST W.M.; THENCE SOUTH ALONG EAST LINE OF SAID SUBDIVISION TO A POINT SOUTH 87°44’15” EAST FROM POINT OF BEGINNING; THENCE NORTH 87°44’15” WEST 164.50 FEET TO TRUE POINT OF BEGINNING RECORDS OF PIERCE COUNTY, WASHINGTON. EXCEPT THE EAST 30.00 FEET THEREOF AS CONVEYED TO CITY OF TACOMA BY DEED RECORDED UNDER RECORDING NO. 8509250387.
(ALSO KNOWN AS SITE “B” BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 8512200483, RECORDS OF PIERCE COUNTY, WASHINGTON.)
SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON. Commonly known as: 851 S 96TH ST, TACOMA, WA 98444-4211
Assessor’s Parcel No. 032032-4303
which is subject to that certain Deed of Trust dated JULY 7, 2022 and recorded JULY 8, 2022, AS INSTRUMENT NO. 202207080790, records of Pierce County, Washington, from ASPEN CAPITAL INC., AN ARIZONA CORPORATION, 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 B, 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 1/5/2025. Contact Walker Law Offices, PS for the exact payoff amount
Lender’s amounts due:
Principal Balance $708,337.40
Accrued Interest From 11/1/2024 To 1/5/2025 $15,347.29
Other Fees $43,790.26
Trust Balance – $136,767.78
Payoff Amount $630,707.17
Trustee’s Expenses:
Trustee’s fee: $2,750.00 (estimated)
Title report: $ 1,792.38
Statutory Mailings: $60.00 (estimated)
Recording Costs: $306.50
Postings: $125.00 (estimated)
Publication Fees: $1200.00 (estimated)
Total trustee’s fees: $6,233.88 (estimated)
TOTAL: $636,941.05 (contact Trustee for a payoff)
IV.
The sum owing on the obligation secured by the Deed of Trust is: Original Principal of $622,240.00 plus any loan modification(s) together with interest as provided in the note or other instrument secured from July 7, 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 21st day of March, 2025. 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):
ASPEN CAPITAL INC.
2522 N Proctor St – Unit 327
Tacoma, WA 98406
ASPEN CAPITAL INC.
539 Broadway
Tacoma, WA 98402
by both first-class and certified mail on the 10th day of October, 2024 proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on the 11th day of October, 2024, 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-1006472
February 21, March 14, 2025