Re: #2/Bella Harbor Development LLC

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 9th day of February, 2024, at the hour of 9 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:

THAT PORTION OF THE NORTH HALF OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 19 NORTH, RANGE 4 EAST, W.M., LYING SOUTH OF THE STATE HIGHWAY 5-G, IN PIERCE COUNTY, WASHINGTON; EXCEPT THE EAST 15 FEET THEREOF CONVEYED TO PIERCE COUNTY FOR ROAD; ALSO EXCEPT THE SOUTH 135 FEET THEREOF; AND ALSO EXCEPT LOT 1 OF PIERCE COUNTY SHORT PLAT NO. 76-80, ACCORDING TO SHORT PLAT RECORDED MARCH 3, 1976 (BEING BALANCE OF ORIGINAL TRACT OF PIERCE COUNTY SHORT PLAT NO. 76-80, ACCORDING TO

PLAT RECORDED MARCH 3, 1976 IN VOLUME 7 OF SHORT PLATS, PAGE 50, RECORDS OF PIERCE COUNTY, WASHINGTON).

SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON.

Commonly known as: 10902 E 59TH AVE, PUYALLUP, WA 98373-4238

Assessor’s Parcel No. 041906-3097

which is subject to that certain Deed of Trust dated OCTOBER 1, 2021 and recorded OCTOBER 15, 2021, AS INSTRUMENT NO. 202110150401, records of Pierce County, Washington, from BELLA HARBOR DEVELOPMENT LLC, A WASHINGTON LIMITED LIABILITY COMPAN, 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 A, 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 11/12/2023. Contact Walker Law Offices, PS for the exact payoff amount

Lender’s amounts due:

Unpaid Principal Balance: $ 627,511.53

Accrued Interest: $ 33,885.65

Accrued Late Charges: $ 3,137.55

Unpaid Charges: $ 2,953.47

Other Fees: $ 37,099.45

Less: Trust Balance $ 0.00

Total Lender’s amounts due: $ 704,587.65

Trustee’s Expenses:

Trustee’s fee: $2,750.00

Title report: $ 1,719.16

Statutory Mailings: $60.00

Recording Costs: $215.00

Postings: $125.00

Publication Fees: $1200.00

Total trustee’s fees: $ 6,069.16

Total Amount Due to Cure Default as of 11/12/23: $710,656.81

IV.

The sum owing on the obligation secured by the Deed of Trust is: Original Principal of $599,500.00 plus any loan modification(s) together with interest as provided in the note or other instrument secured from OCTOBER 15, 2021 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 9th day of February, 2024. 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):

BELLA HARBOR DEVELOPMENT LLC 2420 N Union Ave

Tacoma, WA 98406

BELLA HARBOR DEVELOPMENT LLC

236 Fir Dr NW

Gig Harbor, WA 98335

by both first-class and certified mail on the 26th day of September, 2023 proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on the 29th day of September, 2023, 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-987127

January 9, 30, 2024