NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN
GRANTOR: Michael Kearns
CURRENT BENEFICIARY OF THE DEED OF TRUST: Weir Plaza Partners LLC
CURRENT TRUSTEE OF THE DEED OF TRUST: J. Richard McEntee, Jr.
CURRENT MORTGAGE SERVICER OF DEED OF TRUST: N/A
REFERENCE NUMER OF THE DEED OF TRUST: 202401050320
PARCEL NUMBERS: 5995000940
Pursuant to the Revised Code of Washington, Chapter 61.24 RCW:
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee, J. Richard McEntee, Jr., will on Friday, January 24, 2025, at 10:00am at the following location: at the 2nd floor entry plaza outside the Pierce County Courthouse, 930 Tacoma Avenue, Tacoma, Pierce County, 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:
THE NORTH 60 FEET OF TRACT 84 OF MILTON HEIGHTS, ACCORDING TO PLAT RECORDED IN VOLUME 8 OF PLATS AT PAGE 77, IN PIERCE COUNTY WASHINGTON
ASSESSOR’S PARCEL NUMBER: 5995000940
The afore-described real property is subject to that certain Deed of Trust dated January 4, 2024, and recorded on January 5, 2024, under Auditor’s File No. 202401050320, records of Pierce County, State of Washington from Michael Kearns, a married man as his sole and separate property, as Grantor to First American Title Insurance Company of Washington, a Washington corporation, as Trustee, to secure an obligation in favor of Weir Plaza Partners LLC, a Washington limited liability company, as Beneficiary. J. Richard McEntee, Jr. is the successor trustee appointed by recorded Appointment of Successor Trustee recorded on August 9, 2024, under Pierce County Auditor’s File No. 202408090426.
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, Grantor’s or any successor in interest’s default on the obligation secured by the Deed of Trust.
III.
The defaults for which this foreclosure is made are as follows:
Failure to pay when due the following amounts which are now in arrears:
The obligation for which payments are in arrears is that certain promissory note dated January 4, 2024, in the principal amount of $430,000.00. Said note is secured by the above referenced deed of trust. The note requires monthly interest only payments of $4,300.00. Which interest is based upon the note rate of twelve percent per annum on the unpaid outstanding principal balance of each advance. On August 15, 2024, the note interest rate was increased to the default interest rate of eighteen percent per annum. According to the terms of the note unpaid interest and charges at the time of default may be included as part of the amount due and subject to the default interest rate. At the time of the Notice of Default, the total amount due and subject to the default rate was principal of $430,000.00 + $14,620.00 unpaid interest and charges for a total of $444,620.00. From that date interest is accruing at the rate of $219.26 per day.
On the date of the Notice of Default the Grantor owed three payments (June – August 2024) of $4,300.00 each for a total of $12,900.00 and four late fees (May – August 2024) of $430.00 each for a total of $1,720.00. These total $14,620.00.
Since the Notice of Default two (2) additional late fees of $430.00 has been incurred for a total of $860.00; interest has accrued at the daily rate of $141.37 from August 1 – 15, 2024 for a total of $2,120.55 and at the daily rate of $219.26 from August 16, 2024, through October 22, 2024 (67 days) for a total of $14,690.42. The total interest and late fees since the Notice of Default is $17,670.97
Subtotal interest and late fees: $32,290.97
Costs and Fees
In addition to the amounts in arrears specified above, at this time, you are or may be obligated to pay the following charges, costs and fees to reinstate the Deed of Trust.
Trustee’s or Attorneys’ Fees $2,000.00
Title Report (Trustee Sale Guarantee) $ 1,697.18
Posting of Foreclosure Notices $300.00
Recording Fees $350.00
Statutory Mailing/Copy Costs $100.00
Subtotal: $ 4,447.18
Total Current Estimated Arrearages, Costs, and Fees: $36,738.15
Note and Deed of Trust Defaults other than failure to make payments to Beneficiary:
FAILURE TO PAY PROPERTY TAXES:
The Grantor has failed to pay the real property tax due for the first half of tax year 2024 as required by the terms of the Promissory and Note and Deed of Trust. The amounts due and owing as of the date of this notice are $2,052.45. In order to cure the default, Grantor will be required to pay this amount plus any additional interest and penalties from that date. Subtotal Taxes: $2,052.45 GRANTOR WILL HAVE TO PAY THIS AMOUNT PLUS ADDITIONAL INTEREST, PENALTIES AND FEES TO THE PIERCE COUNTY ASSESSOR TREASURER.
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal $430,000.00 together with interest from May 1, 2024 and default interest from August 15, 2024 as provided in the underlying Note and such other advances, costs and fees as are due under the Note and Deed of Trust and as are provided by statute. As time passes, other payments may become due, and any further payments coming due and any additional late charges must be added to the reinstating payment. Any new defaults not involving payment of money that occur after the date of this notice must also be cured in order to effect reinstatement. In addition, because some of the charges can only be estimated at this time and because the amount necessary to reinstate may include presently unknown expenditures required to preserve the property, or to comply with state or local laws, it is necessary for you to contact the Trustee before the time you tender reinstatement so that you may be advised of the exact amount you will be required to pay. Tender of payment or performance must be in the full amount by certified funds or cash equivalent to the Trustee whose mailing address is:
J. Richard McEntee, Jr. 3800 Bridgeport Way W #A411,
University Place, WA 98466
Phone Number: 253.227.9894
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 January 24, 2025. The defaults referred to in paragraph III must be cured by January 13, 2025 to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before January 13, 2025, 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 after January 13, 2025 and before the sale by the Borrower, Grantor, any Guarantor, any 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. Tender of payment or performance must be in the full amount by certified funds or cash equivalent to the Trustee.
This is an attempt to collect a debt and any information obtained will be used for that purpose.
VI.
A written Notice of Default was transmitted by the Trustee to the Borrower and Grantor at the following addresses:
Michael Kearns
1804 13th Avenue
Milton, WA 98354
Michael Kearns
6502 21st Ave NE
Tacoma, WA 98422
by both first class and certified mail on August 15, 2024 proof of which is in the possession of the Trustee; and on August 16, 2024 the Borrower or Grantor were personally served 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 an objection to the sale on any grounds whatsoever are afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to the Revised Code of Washington, Chapter 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee’s Sale. Service of process of any lawsuit or legal action may be made on Trustee, J. Richard McEntee, Jr., whose address is: 3632 Olympic Blvd W, University Place, WA.
X.
NOTICE TO OCCUPANTS OR TENANTS (IF ANY)
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.
DATED this 22ND day of October 2024.
/S/ J. Richard McEntee, Jr.
Successor Trustee
J. Richard McEntee, Jr.
3632 Olympic Blvd W
University Place, WA 98466 Phone: 253.227.9894
For further information please call J Richard McEntee, Jr. at 253.227.9894.
IDX-1007119
December 27, 2024, January 17, 2025
