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NOTICE OF TRUSTEE'S SALE OF COMMERCIAL LOAN

NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN

Grantor: Lyyph Famm REI 1, LLC

Current beneficiary of the Deed of Trust: Dennis P. Noble & Cala

D. Noble, husband & wife, as to a 79.31% share, and Jason Noble

& Paula Noble, husband & wife, as to a 20.69% share

Current trustee of the deed of trust: Charles V. Carroll, Attorney

at Law

Current mortgage servicer (collection escrow) of the deed of trust:

Allegro Escrow Services

Recording number of the deed of trust: 2018 0479530

Parcel number: 2737-010-600040

I. NOTICE IS HEREBY GIVEN BY Charles V. Carroll, Attorney at

Law, the undersigned Successor Trustee, that he or his designated

agent will, on Friday, December 1, 2023 at the hour of 10:00 a.m.

at the front entrance to Pioneer Title Company, 403 Logan Street,

City of Davenport, 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 Lincoln, State of

Washington:

The East Half of the Northwest Quarter of the Southwest Quarter

of Section 10, Township 27 North, Range 37 E.W.M., records of

Lincoln County, Washington

Commonly known as: 39355 Orchard Rd. E, Davenport , WA 99122

which is subject to that certain Deed of Trust dated October 23,

2018 and recorded October 26, 2018 under Recording No. 2018

0479530, records of Lincoln County, Washington, from Lyyph Famm

REI 1, LLC, a Washington limited liability company, as Grantor, to

Ford & Dalton, P.S., as Trustee, to secure an obligation in favor of

Dennis P. Noble & Cala D. Noble, husband & wife, as to 79.31%

share, and Jason Noble & Paula Noble, husband & wife, as to a

20.69% share. The servicer of the Deed of Trust is Allegro Escrow

Services, 12423 E. Broadway, Spokane Valley, WA 99216; Tel:

509-926-0223 (Acct. No. 20100100049349).

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 Grantor’s or Borrower’s default on the obligation

secured by the Deed of Trust.

III. The Beneficiary alleges default of the Deed of Trust for failure

to pay the following amounts now in arrears:

A. Balloon Payoff of note principal due on October 22, 2022:

$ 144,999.98

B. Late Charges: 4,875.00

C. Interest: Default interest from 1/28/23 - 8/14/23 @ 18% per

annum: 16,875.00

Total Payments: $166,749.98

E. Est. Foreclosure Costs:

Trustee’s Sale Guarantee: $774.36

Attorney’s Fee: 5,000.00

Process Service/Posting: 250.00

Statutory Mailings: 100.00

Copying, Tel., Fax .: 50.00

Reconveyance Fees: 403.50

Recording Fees: 229.50

Misc. Escrow Fees: 393.60

Total Costs: $7,200.96

TOTAL EST. AMOUNT DUE: $ 173,950.94

and the following other defaults which do not involve payments due

to the Beneficiary: None

IV. The sum owing on the obligation secured by the Deed of Trust

is: Principal Balance of $144,999.98, together with interest as

provided in the note or other instrument secured from January 28,

2023 and such other advances, costs, late charges 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

December 1, 2023. The default(s) referred to in Paragraph III must

be cured by November 20, 2023 (11 days before the sale date) to

cause a discontinuance of the sale. The sale will be discontinued

and terminated if any time on or before the close of the Trustee’s

business office on November 20, 2023 (11 days 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 after November 20, 2023 (11 days before the sale date),

and before the sale, by the Borrower, Grantor, any Guarantor, or

the holder of any recorded junior lien or encumbrances 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.

VI. A written notice of default was transmitted by the Beneficiary or

Trustee to the Borrower and Grantor and Guarantor, if any, at the

following address(es):

Lyyph Famm REI 1, LLC Reneice Jones, Guarantor

39355 Orchard Rd. E, Suite E 8712 E. Sprague Ave.

Davenport, WA 99122-9404 Spokane Valley, WA

99212

Lyyph Famm REI 1, LLC

12220 E. 19th Ave.

Spokane Valley, WA 99026

by both first class and certified mail on April 28, 2023 proof of which

is in the possession of the Trustee, and the Borrower and 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, on May 8, 2023, 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 right, title and

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.

NOTICE TO OCCUPANTS OR TENANTS

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.

NOTICE TO GUARANTORS

XI. (1) Any guarantor of the obligation described herein may be

liable for a deficiency judgment to the extent the sale price obtained

at the trustee’s sale is less than the debt secured by the deed of

trust; (2) the guarantor has the same rights 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; (3) the guarantor will have no right to

redeem the property after the trustee’s sale; (4) subject to such

longer periods as are provided in the Washington deed of trust act,

chapter 61.24 RCW, any action brought to enforce a guaranty 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; and (5) in any action for a deficiency, the guarantor 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 limit its

liability for a deficiency to the difference between the debt and the

greater of such fair value or the sale price paid at the trustee’s sale,

plus interest and costs.

DATED: August 10, 2023

/s/ Charles V. Carroll

Charles V. Carroll, Attorney at Law

Successor Trustee

421 W. Riverside, Ste. 960

Spokane, WA 99201

(509) 624-8200

Published November 2 and November 23, 2023

 

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