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NOTICE OF TRUSTEE'S SALE OF COMMERCIAL LOAN(S)

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 31 and February 22, 2024

 

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