AMENDED NOTICE OF TRUSTEE'S SALE OF COMMERCIAL LOAN

Charles V. Carroll, Attorney at Law

AMENDED NOTICE OF TRUSTEE’S SALE

OF COMMERCIAL LOAN

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, June 7, 2024 at the hour of 10:00 a.m. inside the main front entrance to the Spokane County Courthouse, 1116 W. Broadway, City of Spokane, 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 Spokane, State of Washington:   

That part of Lots 3, 4, 5 and 6 lying south of Northwest Boulevard, Block 9, Moore’s Addition to Spokane Falls, W.T., according to plat recorded in Volume “A” of Plats, at page(s) 159; Situate in the City of Spokane, County of Spokane, State of Washington Commonly known as: 1211 Northwest Boulevard, Spokane, Washington, which is subject to that certain Deed of Trust dated December 23, 2013 and recorded January 9, 2014 under Recording No. 6276957, records of Spokane County, Washington, from Scott M. Lindquist, a single man, as Grantor, to First American Title Company of Spokane, a Corporation, as Trustee, to secure an obligation in favor of William G. Gabrio and Janet I. Gabrio.    The servicer/collection escrow of the Deed of Trust is Allegro Escrow Services, 12423 E. Broadway, Spokane Valley, WA 99216; Tel: 509-926-0223 (Acct. No. 20100100025720).

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. Monthly payments of principal and interest of $1,028.03 each due on December 9, 2023, January 9 and February 9, 2024: $3,084.09

B. Default interest in addition to 5% note rate of 13% per annum from 11/10/23 on outstanding principal balance of $56,056.49 ($607.28) per month) until defaults cured:    $2,469.60*

* Additional default interest to be calculated and added if reinstatement occurs after 3/11/24

C. Late Charges of $51.40 for each monthly payment not remitted within 15 days of its due date: $154.20

D. Monthly escrow servicing fees of $5.57 each: $16.71

Total Payments:  $5,724.60   

E. Estimated Foreclosure Costs:

Trustee’s Sale Guarantee: $0.00

Attorney’s Fees: $2,500.00

Process Service/Posting: $150.00

Statutory Mailings:          $100.00

Copying, Tel., Fax.: $50.00

Recording Fees: $630.00

Reinstatement & Misc. Escrow Fees: $150.00

Total Costs: $5,311.23

TOTAL EST. AMOUNT DUE: $11,035.83

and the following other defaults which do not involve payments due to the Beneficiary:

Failure to provide evidence of casualty insurance coverage on the collateral described in the Deed of Trust.

IV. The sum owing on the obligation secured by the Deed of Trust is: Principal Balance of $56,056.49,    together with interest as provided in the note or other instrument secured from November 9, 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 June 7, 2024.    The default(s) referred to in Paragraph III must be cured by May 27, 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 May 27, 2024 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 May 27, 2024, 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):

Scott M. Lindquist Scott M. Lindquist

625 E. Lyons Ave. 1207 W. Northwest Blvd.

Spokane, WA 99208 Spokane, WA 99205

by both first class and certified mail on January 24, 2024 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 January 25, 2024, 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.

THIS AMENDED NOTICE SUPERCEDES AND REPLACES ALL PREVIOUS NOTICES OF TRUSTEE’S SALE GIVEN IN CONNECTION WITH THIS OBLIGATION.

DATED: March 6, 2024

/s/ Charles V Carroll

Charles V. Carroll, Attorney at Law

Successor Trustee

421 W. Riverside, Ste. 960

Spokane, WA 99201

(509) 624-8200

Published May 9 and 30, 2024

 

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