Re: H3 Acquisitions
NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN
PURSUANT TO THE REVISED CODE OF WASHINGTON
CHAPTER 61.24, ET.SEQ.
Grantors: H3 Acquisitions LLC; Jack Jing-Jei Ma; Hsin-An Tung
Grantee/Current beneficiary of the deed of trust: Brian Thomas
Current trustee of the deed of trust: Rainier Trustee Services, Inc.
Current mortgage servicer of the deed of trust: Brian Thomas
Reference number of the Deed of Trust: Pierce County: 202102191101
King County: 20210219002486
Parcel number(s): Pierce County (Parcel A): 022023-106-1 King County (Parcel B):
019370-0070-07 I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee, Rainier Trustee Services, Inc. will on September 22, 2023, at the hour of 10:00 a.m., at the Fourth Avenue Entrance to the King County Administration Building, 500 Fourth Avenue, Seattle, WA 98104, in the City of Seattle, 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 Counties of King and Pierce, State of Washington, to wit:
Parcel A:
Beginning at a point 495 feet West and 107.1 feet North of the Southeast corner of the Northeast quarter of Section 23, Township 20 North, Range 2 East of the Willamette Meridian; Thence West 90 feet to the Point of Beginning; thence continuing West 100 feet; Thence North 254 Feet more or less to the North line of the Southeast quarter of the Northeast quarter of said Section; Thence East 100 feet; Thence South 255 feet more or less to the Point of Beginning, in Pierce County, Washington; Except the South 30 feet for County Road 53rd Street West; Situate in the County of Pierce, State of Washington.
Said property now known as:
Lots 1, 2 and 3, City of University Place Short Plat No. SPL20-0002, recorded under Recording Number 202207275004 records of Pierce County, Washington
Pierce County Tax Parcel No: 022023-106-1
Property Address: 5223 53rd St W, University Place, WA 98467
Parcel B:
Unit 7, Alston Condominium, a condominium, and use of limited common elements, if any, recorded in Volume 279 of Condominiums, Pages 41 through 42, inclusive, and any amendments thereto, according to the Declaration thereof recorded under King County Recording No. 20131210000341, and any amendments thereto. Situate in the County of King, State of Washington. King County Tax Parcel No.: 019370-0070-07
Property Address: 2113 NE 177th St, Shoreline, WA 98155
Which is subject to that certain Deed of Trust dated February 3, 2021 and recorded in the real property records of Pierce County, Washington on February 19, 2021 under Instrument No. 202102191101, and in the real property records of King County, Washington on February 19, 2021 under Instrument No. 20210219002486, in which H3 Acquisitions LLC, Jack Jing-Jei Ma and Hsin-An Tung are Grantors, Gary P Schuetz – Attorney is the original Trustee, and Brian Thomas is the Beneficiary. Brian Thomas is the current holder of the obligation secured by the above referenced Deed of Trust. 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:
a. Failure to pay the following past due amounts, which are in arrears:
Note and Deed of Trust are due in full:
Unpaid Principal Balance: $625,000.00
Accrued Interest: $65,884.87
12/23/2021 Extension Fee: $3,125.00
4/26/2022 Extension Fee: $3,125.00
6/22/2022 Extension Fee: $7,812.50
12/28/2022 Extension Fee: $3,125.00
Late Fee 3/2023 Payment: $572.84
April 2023 NSF Fee: $100.00
Servicing Fees: $1,595.00
TOTAL: $710,340.21
b. Default other than failure to make payment due: IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal $625,000.00 together with interest as provided in the note or other instrument secured from the 2nd day of October 2022, 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 September 22, 2023. The defaults referred to in paragraph III must be cured before the sale on September 22, 2023 to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before the sale the defaults 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 the sale, 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 Trustee to the Borrower, Grantor, Guarantors and other interested parties at the following addresses: H3 Acquisitions LLC
2113 NE 177th St
Shoreline, WA 98155 Jack Jing-Jei Ma
2113 NE 177th St
Shoreline, WA 98155
H3 Acquisitions LLC
5223 53rd St W
University Place, WA 98467 Hsin-An Tung
2113 NE 177th St
Shoreline, WA 98155
by both first class and certified mail on May 12, 2023, proof of which is in the possession of the Trustee; and the Borrower and Grantors were personally served on May 14, 2023 as to Parcel A and May 13, 2023 as to Parcel B, with said written Notice of Default or the Notice of Default was posted in a conspicuous place on the real properties 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 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 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 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: June 14, 2023 RAINIER TRUSTEE SERVICES,
INC., Successor Trustee
By /s/John A. McIntosh
John A. McIntosh, Vice President Rainier Trustee Services, Inc. c/o
SCHWEET LINDE & ROSENBLUM,
PLLC
575 S. Michigan Street Seattle, WA 98108
(206) 381-0118
IDX-982371
August 23, September 13, 2023