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AMENDED NOTICE OF TRUSTEE’S SALE
OF COMMERCIAL LOAN
Grantor: Lyyph Famm REI 1, LLC
Current beneficiary of the Deed of Trust: TCF Properties, LLC
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 27, 2024 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, which Deed of Trust has been assigned to TCF Properties, LLC, a Washington limited liability company. 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. Default interest from 1/28/23 - 9/16/24 @ 18% per annum: 47,824.28
Total Payments: $192,824.26
E. Est. Foreclosure Costs:
Trustee’s Sale Guarantee: $ 774.36
TSG Endorsement Premium: 54.00
Attorney’s Fees (pre- and post-bankruptcy): 10,000.00
Process Service/Posting: 250.00
Statutory Mailings: 100.00
Copying, Tel., Fax .: 50.00
Reconveyance Fees: 554.50
Recording Fees: 529.50
Misc. Fees & Costs re continuances: 387.48
Misc. Escrow Close-Out and other fees: 959.35
Total Costs: $ 13,659.19
TOTAL EST. AMOUNT DUE: $ 206,483.45
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 27, 2024. The default(s) referred to in Paragraph III must be cured by December 16, 2024 (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 December 16, 2024 (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 December 16, 2024 (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.
THIS NOTICE SUPERCEDES AND REPLACES ALL PREVIOUSLY ISSUED
NOTICES OF TRUSTEE’S SALE AFFECTING THE PROPERTY DESCRIBED
HEREIN, IN PARTICULAR THE NOTICE OF TRUSTEE’S SALE DATED
AUGUST 10, 2023 AND RECORDED AUGUST 14, 2023 UNDER AUDITOR’S
FILE NO. 2023-0495822.
DATED: September 16, 2024
/s/ Charles V. Carroll
___________________________________
Charles V. Carroll, Attorney at Law
Successor Trustee
12815 E. Sprague Ave. Ste 200
Spokane Valley, WA 99216
Published November 28 and December 19, 2024 (509) 624-8200
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