Re: Bates vs Carr

Document Title: Notice of Intent to Forfeit

Grantor: Lisa Bates, Personal Representative for Susan Henricksen Grantee: Richard L. Carr; Jessica A. Carr Legal Descr.: LT 2, SP NO. 9702110239

Reference No.: 9804070714; 200212170473

Tax Parcel No.: 0518058002

NOTICE OF INTENT TO FORFEIT

Pursuant to the Revised Code of Washington

Chapter 61.30.040

TO: Leslie M. Coty 20612 Orville Rd E

Orting, Washington 98360

TO: Ruth A. Miller 20612 Orville Rd E

Orting, Washington 98360

TO: Jessica A. Amos (f/k/a Jessica A. Carr) 20612 Orville Rd E

Orting, Washington 98360

TO: Richard L. Carr 20612 Orville Rd E

Orting, Washington 98360

TO: Jessica A. Amos (f/k/a Jessica A. Carr) 20612 Orville Rd E

Orting, Washington 98360

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’s agent or attorney giving the notice:

Seller’s Name, Address and Telephone Number:

Lisa Bates, Personal Representative

for Susan Henricksen

2407 Bluebonnet Trail

Bellingham, WA 98226

(253) 535-2211

Agent’s or Attorney’s Name, Address and Telephone Number:

Darren R. Krattli

Eisenhower Carlson PLLC

1201 Pacific Avenue, Suite 1200

Tacoma, WA 98402

(253) 572-4500

(253) 620-2537

(b) Description of the Contract: Real Estate Contract (Residential Short Form) dated April 2, 1998, executed by James R. Henricksen and Susan M. Henricksen, husband and wife, as Seller, and Leslie M. Coty and Ruth A. Miller (a/k/a Ruth A. Coty), as Buyer or Purchaser, which Contract was recorded under Auditor’s Recording No. 9804070714 on April 7, 1998, records of Pierce County, Washington.

Buyer’s/Purchaser’s interest was purportedly conveyed and assigned pursuant to that certain Deed and Purchaser’s Assignment of Real Estate Contract dated April 17, 2000, executed by Leslie M. Coty, as assignor, in favor of Richard L. Carr and Jessica A. Carr, husband and wife, which Assignment was recorded under Auditor’s Recording No. 200212170473 on December 17, 2002, records of Pierce County, Washington.

(c) Legal description of the property:

Lot 2, as shown on Short Plat No. 9702110239, filed with the Pierce County Auditor, Washington.

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

1. Monetary Defaults – Failure to pay the following past due items, the amount, and an itemization of which are given in (g) and (h) below:

Failure to pay all sums due under the Contract in the total amount of $46,854.60 as of April 21, 2020.

2. Non-Monetary Defaults – N/A

(e) Failure to cure all of the defaults listed in (g) and (h) on or before August 6, 2020 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, or whose interests are otherwise subordinate to seller’s interest in the property, 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 of Purchaser’s rights in improvements made to the property, unharvested crops and timber thereon shall belong to the Seller; and

5. The Purchaser and all other persons occupying the property whose interests are forfeited shall be required to surrender possession of the property, improvements, unharvested crops and timber to the Seller ten (10) days after the Declaration of Forfeiture is recorded. (g) The following is an itemized statement of payments of money in default known at the time this notice is given or recorded (or, where indicated, a reasonable 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 past due $32,881.16

Interest past due (per diem $7.2068) $13,973.44

TOTAL PAST DUE: $46,854.60

2. Non-Monetary Delinquencies: N/A

(h) The following is a statement of other payments, charges, fees and costs (or, where indicated, a reasonable estimate thereof) that are or may be required to cure the defaults on or before August 6, 2020:

Item Amount

1. Cost of title report $465.04

2. Service/posting of Notice of Intent to Forfeit (estimated) $200.00

3. Publication of Notice of Intent to Forfeit (estimated) $500.00

4. Postage (estimated) $20.00

5. Attorney’s fees (estimated)

$3,002.00

6. Recording fees (estimated) $100.00

TOTAL: $4,287.04

The total amount necessary to cure the default is the sum of the amounts in (g)(1), (g)(2), and (h), which is $51,141.64, plus the amount of any payments, interest, late charges, or other amounts owed under the Contract 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 and any other documentation required to cure the default may be tendered to:

Darren R. Krattli

Attorney for Lisa Bates as P.R. of

the Estate of Susan Henricksen

Eisenhower Carlson PLLC

1201 Pacific Avenue, Suite 1200

Tacoma, WA 98402

(i) The person(s) to whom this notice is given 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.

(j) The person to whom this notice is given may have the right to request a court to order a public sale of the property 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; the excess, if any, of the highest bid at the sale over the debt owed under the Contract will be paid to the Purchaser; the court will require the person who requests the sale to deposit the anticipated sale costs with the Clerk of the Court; and 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.

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

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of the debt or any portion thereof, this office will assume the debt is valid. If you notify this office within 30 days from receiving this notice, this office will obtain verification of the debt and mail you a copy of the verification. If you request this office in writing within 30 days after receiving this notice, this office will provide you with the name and address of the original seller, if different from the current seller. This notice is an attempt to collect a debt, and any information obtained will be used for that purpose. DATED April 21, 2020.

/s/ Darren R. Krattli____

Darren R. Krattli, Attorney for Seller

STATE OF WASHINGTON ) ) ss.

County of Pierce )

This record was acknowledged before me on April 21, 2020 by DARREN R. KRATTLI.

DATED this 21st day of April, 2020.

/s/ Jennifer Fernando___

Signature of Notary Public

Name of Notary Public: Jennifer Fernando My Commission Expires: 10/21/2022

IDX-897332

April 28, May 5, 2020