Notice Of Trustee’s Sale of Commercial Loan
TO: Occupants of the Premises All Other Interested Parties
Grantor: LL Stucco and Siding LLC, a Washington Limited Liability Company
Current beneficiary of the deed of trust: James M. Austin Exempt Trust, Susan A. Kincaid Exempt Trust, Harry Angel, Estate of Michel Stern, Abby Stern and Rick & Jeanine Harder
Current trustee of the deed of trust: Eslinger Law Office, PLLC
Current mortgage servicer of the deed of trust: Mortgage Equities, Inc.
Reference number of the deed of trust: 202205130441
Parcel number: 0420302043
Abbreviated Legal: PTN OF GOV LOT 5 (INSIDE INDIAN RESERVATION), S-30, T-20 N, R-4 I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee, Eslinger Law Office, PLLC, will on October 18, 2024 at the hour of 10:00 a.m., at the Second Floor Entry Plaza Outside Pierce County Courthouse, 930 Tacoma Ave South, Tacoma, WA, 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:
Legal Description:
COMMENCING AT A STONE MONUMENT BEING THE NORTHEAST CORNER OF GOVERNMENT LOT 5 (INSIDE INDIAN RESERVATION) IN SECTION 30, TOWNSHIP 20 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN;
THENCE SOUTH 02 DEGREES 47 MINUTES 00 SECONDS WEST ALONG THE LINE BETWEEN GOVERNMENT LOTS 5 AND 6 (INSIDE RESERVATION) 285.8 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 88 DEGREES 06 MINUTES 00 SECONDS WEST PARALLEL TO THE NORTH LINE AND GOVERNMENT LOT 5, 90 FEET TO THE EAST LINE OF HUNTS COUNTY ROAD AS CONVEYED BY IN RECORDED UNDER RECORDING NO. 1386671;
THENCE SOUTH 02 DEGREES 47 MINUTES 00 SECONDS WEST 100 FEET;
THENCE NORTH 88 DEGREES 06 MINUTES 00 SECONDS EAST 90 FEET TO THE LINE OF GOVERNMENT LOT 5;
THENCE CONTINUING 35 FEET IN GOVERNMENT LOT 6;
THENCE NORTH 02 DEGREES 47 MINUTES 00 SECONDS EAST 100 FEET;
THENCE SOUTH 88 DEGREES 06 MINUTES 00 SECONDS WEST 35 FEET TO THE TRUE POINT OF BEGINNING;
SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON.
Tax Parcel Number: 0420302043
The postal addresses of which is more commonly known as: 6905 57th Ave E, Puyallup, WA 98371.
which is subject to that certain Deed of Trust, dated May 11, 2022, under Auditor’s File No. 202205130441, records of Pierce County, Washington, from LL Stucco and Siding LLC, a Washington limited liability company, as Grantor to secure an obligation in favor of James M. Austin Exempt Trust, Susan A. Kincaid Exempt Trust, Harry Angel, Michel Stern, Abby Stern and Rick & Jeanine Harder, as original Beneficiary. The beneficial interest of Michel Stern is now vested in the Estate of Michael Stern under King County Superior Court Case Number 22-4-04595-4 SEA.
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:
Payments:
Principal Due: LOAN MATURED on 6/1/2024 at which time all principal and interest became fully due and payable.
$360,000.00
Maturity Fee/Ballon Payment Fee: 1% of outstanding balance of loan $3,621.05
Late fees on partial payments & interest to be added to loan principal. $2,105.67
(Monthly Payment Default):
5 monthly payments at $2,775.00
1/1/24 through 6/1/24 $13,875.00
Default Interest:
$10,504.04
From 1/1/24 through 6/1/24
(Default interest is accruing on the principal at the rate of 18% per annum since the date of default) Late charges: 5 late charges of $194.25 for each monthly payment not made within 9 days of its due date: $ 971.25
TOTAL PAYMENTS AND LATE CHARGES: $ 391,077.01
*plus all attorney’s fees and costs and foreclosure fees and costs incurred. Default other than failure to make monthly payments:
Bring Current all Real Property Taxes and property insurance. IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal Balance $ 360,000.00 together with interest, default interest, late charges, and costs of collection, as provided in the note or other instrument secured from 2/9/2024 (default date), 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 October 18, 2024. The defaults referred to in paragraph III must be cured by October 7, 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 before October 7, 2024 (11 days before the sale date), the default(s) 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 October 7, 2024 (11 days before the sale date), 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 Beneficiary or Trustee to the Borrower or Grantor at the following addresses: LL Stucco and Siding LLC 161 Eagle Ridge Dr. E Puyallup, WA 98374
LL Stucco and Siding LLC 18646 BYERS RD SE, MAPLE VALLEY, WA 98038-6309
LL Stucco and Siding LLC c/o KLCOMPUTAX INC, Registered Agent 10524 BRIDGEPORT WAY SW
LAKEWOOD, WA, 98499-4806
Bernardino Lopez, Guarantor
161 Eagle Ridge Dr. E Puyallup, WA 98374
Rocio Martinez Agaton, Spouse of Guarantor
161 Eagle Ridge Dr. E Puyallup, WA 98374
by both first class and certified mail on 5/21/2024 proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served with said written Notice of Default and/or the Notice of Default was posted in a conspicuous place on the real property 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 any person 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 the unlawful detainer act, 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: July 2, 2024.
TRUSTEE
Eslinger Law Office, PLLC
By:/s/Doris Eslinger Eslinger Law Office, PLLC 2200 112th Ave NE, Suite 200 (425) 451-3237
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 Doris Eslinger to me known to be the Principal of the entity 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/she is authorized to execute the said instrument.
Given under my hand and official seal on July 2, 2024
Name:/s/ Angela M Tanferani
Notary Public in and for the
State of Washington
My appointment expires on: December 4, 2024
WE ARE A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
If you filed bankruptcy or have been discharged in bankruptcy, this communication is for informational purposes only and is not intended as an attempt to collect this debt from you personally.
THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME.
NOTICE TO GUARANTORS, BORROWERS, AND/OR GRANTORS OF THE COMMERCIAL OBLIGATION SECURED BY THE DEED OF TRUST:
1. IF YOU ARE A GUARANTOR, YOU MAY BE LIABLE FOR A DEFICIENCY JUDGMENT TO THE EXTENT THE SALE PRICE OBTAINED AT TRUSTEE’S SALE IS LESS THAN THE DEBT SECURED BY THE DEED OF TRUST.
YOU HAVE THE SAME RIGHT 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.
YOU WILL HAVE NO RIGHT TO REDEEM THE PROPERTY AFTER THE TRUSTEE’S SALE.
SUBJECT TO SUCH LONGER PERIODS AS ARE PROVIDED IN THE WASHINGTON DEED OF TRUST ACT, CHAPTER 61.24 RCW, ANY ACTION BROUGHT TO SEEK A DEFICIENCY JUDGMENT 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.
IN ANY ACTION FOR A DEFICIENCY, YOU 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 YOUR LIABILITY FOR A DEFICIENCY TO THE DIFFERENCE BETWEEN THE DEBT AND THE GREATER OF SUCH FAIR VALUE OR THE SALE PRICE PAID AT TRUSTEE’S SALE, PLUS INTEREST AND COSTS. 2. If you are a borrower or a grantor, then to the extent that the fair value of the property sold at trustee’s sale to the beneficiary is less than the unpaid obligation secured by the deed of trust immediately prior to the trustee’s sale, an action for a deficiency judgment may be brought against you for: -any decrease in the fair value of the property caused by waste to the property committed by the borrower or grantor after the deed of trust was granted; and
-any decrease in the fair value of the property caused by the wrongful retention of any rents, insurance proceeds, or condemnation awards by the borrower or grantor that are otherwise owed to the beneficiary. The deficiency judgment may also include interest, costs and attorneys fees.
IDX-1002158
September 18, October 9, 2
