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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 1st day of March, 2024, at the hour of 10 o'clock A.M. Tract 79,
at the front entrance to the Pioneer Title Company of Washington,
406 Logan Street, 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, to-wit:
Tract 79 of Hawk Creek Ranches, Segregation Survey Area No. 1,
as recorded under Auditor's File No. 322478 in Book "A" of Plats,
pages 242 - 244, records of Lincoln County, Washington.
Commonly known as: 31400 and 31500 Aspen Ln E, Davenport,
WA 99122
Assessor’s Parcel No. 2636-800-009400 and 2636-800-009500
which is subject to that certain Deed of Trust dated March 31, 2022
and recorded April 4, 2022, AS INSTRUMENT NO. 491786, records
of Lincoln County, Washington, from Kimbal Botha, an unmarried
person, 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 B, A WA LLC, as Beneficiary
and assigned to FIDELIS EQUITY AND REAL ESTATE FUND A,
A WA LLC.
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 11/30/2023. Contact Walker Law Offices,
PS for the exact payoff amount
Lender’s amounts due:
Principal Balance $240,694.50
Accrued Interest From 9/1/2023 To 11/30/2023 $7,167.28
Unpaid Late Charges $1,290.39
Accrued Late Charges $477.26
Unpaid Charges $3,559.16
Other Fees $8,154.55
Trust Balance - $1,219.87
Total: $ 260,123.27
Trustee’s Expenses:
Trustee’s fee: $2,750.00
Title report: $ 801.36
Statutory Mailings: $60.00
Recording Costs: $215.00
Postings: $125.00
Publication Fees: $1200.00
Total trustee’s fees: $5,151.36
TOTAL Amount Due to Cure Default as of 11/30/23: $265,274.63
IV. The sum owing on the obligation secured by the Deed of Trust
is: Original Principal of $194,500.00 plus any loan modification(s)
together with interest as provided in the note or other instrument
secured from April 4, 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 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 1st
day of March, 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):
KIMBAL BOTHA
26155 195th Pl SE
Covington, WA 98042
by both first-class and certified mail on the 16th day of October,
2023 proof of which is in the possession of the Trustee; and the
Borrower and Grantor were personally served on the 18th day of
October, 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
Published January 18, 2024 and February 1, 2024
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