NOTICE OF INTENT TO FORFEIT

PURSUANT TO RCW 61.30

Grantors: Boe L. Flansburg and Lily Garoutte, a married couple

Grantees: Patrick L. O’Brien and Ashley N O’Brien

Abbreviated Legal Description:

PARCEL B OF ROS FOR BLA 202208115003

Full legal description on page Assessor’s Tax Parcel Number:

0517062707

Reference No.: 202208300421

TO:

Patrick L. O’Brien and Ashley N O’Brien

17204 135th Ave Ct E

Puyallup, WA 98374

Occupants

29411 152nd Ave E

Graham, WA 98338

YOU ARE HEREBY NOTIFIED that the Real Estate Contract described below is in default and you are provided the following information with respect thereto:

(a) The name, address, and telephone number of the seller, and, if any, the seller’s agent or attorney giving the notice:

Seller:

Boe L. Flansburg and Lily Garoutte

12914 Clay City Rd.

Eatonville, WA 98328

(253) 241-5385

Seller’s Attorney:

Kevin T. Steinacker

Steinacker Law PLLC

417 E Pioneer Ste. A

Puyallup, WA 98372

(253) 242-3558

PLEASE MAKE ANY CONTACT THROUGH THE ABOVE-NAMED ATTORNEY.

(b) Description of the Contract:

Real Estate Contract dated August 25, 2022, executed by Boe L. Flansburg and Lily Garoutte as seller and Patrick L. O’Brien and Ashley N O’Brien, as purchaser, which contract was recorded under Auditor’s File No. 202208300421 in Pierce County, Washington

(c) Legal Description of the Property:

PARCEL B, OF SURVEY FOR BOUNDARY LINE ADJUSTMENT RECORDED AUGUST 11, 2022 UNDER RECORDING NO. 202208115003, RECORDS OF PIERCE COUNTY, WASHINGTON.

SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON.

Commonly known as 29411 152nd Ave E, Graham, WA 98338

(d) Description of each default under the Contract on which the notice is based:

Failure to pay the following past due items, the amounts and an itemization are given in (g) and (h) below:

Failure to pay the contract balance due on May 1, 2023, together with interest and late fees.

(e) Failure to cure all of the default listed in (g) and (h) on or before August 21, 2023 will result in the forfeiture of the Contract.

(f) The forfeiture of the Contract will result in the following: 1. All right, title and interest in the property of the purchaser and of all persons claiming through the purchaser given this notice shall be terminated;

2. The purchaser’s rights under the Contract shall be cancelled;

3. All sums previously paid under the Contract shall belong to and be retained by the seller or other person to whom paid and entitled thereto;

4. All improvements made to and unharvested crops on the property shall belong to the seller; and

5. The purchaser and all persons claiming through the purchaser given this notice shall be required to surrender possession of the property, improvements and unharvested crops and timber to the seller ten (10) days after recording of the Declaration of Forfeiture, which is on August 13, 2023.

(g) The following is a statement of payments of money in default (or, where indicated, an estimate thereof) and for any defaults not involving the failure to pay money the action(s) required to cure the default:

1. Monetary Delinquencies:

Item Amount

Principal balance due May 1, 2023

$920,676

Late fee $500

TOTAL: $921,176

2. Action(s) required to cure any default:

Pay the principal balance due together with late fees and interest.

(h) The following is a statement of other payments, charges, fees and costs to cure the default:

Item Amount

1. Service/Posting of Notice of Intent to Forfeit (estimate) $125

2. Publication of Notice of Intent to Forfeit (estimate) $150

3. Copying/Postage $50

4. Attorney’s Fees (estimate) $1,200

5. Recording Fees $207.50

TOTAL: $1,732.50

The total amount necessary to cure the default is the sum of the amounts in (g) and (h), which is $922,908.50, plus interest, plus the amount of any payments and late charges which fall due after the date of this Notice of Intent to Forfeit and on or prior to the date the default is cured. Monies required to cure the default may be tendered to Boe L. Flansburg and Lily Garoutte, c/o Kevin T. Steinacker, at the following address:

417 E Pioneer Ste. A

Puyallup, WA 98372

(i) The purchaser or any person claiming an interest in the purchaser’s rights under the contract may have the right to contest the forfeiture, or to seek an extension of time to cure the default if the default does not involve a failure to pay money, or both, by commencing a court action by filing and serving the summons and complaint before the declaration of forfeiture is recorded, which is on or after August 21, 2023.

NO EXTENSION IS AVAILABLE FOR DEFAULTS WHICH ARE A FAILURE TO PAY MONEY.

(j) Any person to whom this notice is given may have the right to request a court to order a public sale of the property; that such public sale will be ordered only if the court finds that the fair market value of the property substantially exceeds the debt owed under the contract and any other liens having priority over the seller’s interest in the property; that the excess, if any, of the highest bid at the sale over the debt owed under the contract will be applied to the liens eliminated by the sale and the balance, if any, paid to the purchaser; that the court will require the person who requests the sale to deposit the anticipated sale costs with the clerk of the court; and that any action to obtain an order for public sale must be commenced by filing and serving the summons and complaint before the declaration of forfeiture is recorded, which is on or after August 21, 2023.

(k) The seller is not required to give any person any other notice of default before the declaration which completes the forfeiture is recorded.

DATED THIS 19 day of May, 2023. By: /s Kevin T. Steinacker

IDX-977461

May 23, 30, 2023