AMENDED NOTICE OF TRUSTEE SALE OF COMMERCIAL LOAN

Ashley Gamez

AMENDED NOTICE OF TRUSTEE SALE OF COMMERCIAL LOAN

Pursuant to the Revised Code of Washington

Chapter 61.24 RCW

Reference No. : 7285855

Grantor : Steven Schneider, Attorney at Law, P.S., Trustee

Grantee : Ashley Gamez

Abbr. Legal : L2, B10 Shannon’s 2d. Add.

Parcel No. : 35074.4302

TO:

Ashley Gamez 4816 S. Magnolia St.

Spokane, WA 99223

Tenants and Occupants 607 W. Shannon Ave. Apt 1

Spokane, WA 99205

Invest Northwest, LLC 9030 N Hess St #573,

Hayden ID 83835

TO:

Ashley Gamez 607 W. Shannon Ave.

Spokane, WA 99205

Tenants and Occupants 607 W. Shannon Ave. Apt 2

Spokane, WA 99205

I.

NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 9th day of August, 2024, at the hour of 10:00 o’clock, a.m., at the front entrance of the Spokane County Courthouse, 1116 W. Broadway Ave., Spokane, 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:

Lot 2, Block 10, Shannon's 2d Addition, according to the plat thereof, recorded in Volume . “A" of P1ats, Page 107, records of Spokane County;

Situate in the City of Spokane, County of Spokane, State of Washington.

Parcel No. 35074.4302

More commonly known as 607 W Shannon Ave, Spokane WA 99205, which is subject to that Certain Deed of Trust wherein Ashley Gamez, as her separate estate, is the Grantor, Ford and Mortenson, P.S. is the Trustee, and Crescent Heights Capital, LLC is the Beneficiary, dated May 17, 2023, and recorded on May 23, 2023, in Spokane County, Records of Spokane County, State of Washington under Auditor’s File No. 7285855

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. This property is not used principally or primarily for agricultural purposes.

III.

The default(s) for which this foreclosure is made is/are as follows: Failure to pay the following amounts which are now in arrears:

Total Principal and Interest Mature and in Arrears as of February 17, 2024.

Principal $350,000.00

Interest from 9/1/2023 thru 5/1/2024 $42,115.07

Default Interest Rate: 18.000 %

Late Charges Owed $27,885.00

Maturity Late Charge 12.5% $43,750.00

Total $463,570.07

IV. OTHER CHARGES COSTS AND FEES:

In addition to the amounts in arrears specified above, you are or may be obligated to pay the following charges, costs and fees to reinstate the Deed of Trust:

a. Cost of Title Report for Foreclosure 1,194.64

b. Service and Posting of Notice of Default 200.00

c. Service and Posting Notice of Trustee Sale 200.00

Recording Fees 328.00

d. Publication (est.) 500.00

e. Postage 50.00

f. Trustee’s fee 1,000.00

g. Attorney’s fees 3,000.00

h. TOTAL CHARGES, COSTS and FEES: $6,472.64

V.

The above described real property will be sold to satisfy the expense of the sale and the obligation secured by the Deed of Trust as provided by statute. The sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on Friday, August 9, 2024. The default(s) referred to in paragraph III must be cured by July 29, 2024, (11 days before the sale) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before the July 29, 2024, (11 days before the sale), 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 July 29, 2024 (11 days before the sale), 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 and using all other defaults. The principal balance as of the date of this Notice is $350,000.00

VI.

A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor or the Grantor’s successor in interest at the following addresses:

Ashley Gamez

4816 S. Magnolia St.

Spokane, WA 99223

by both first class and certified mail on April 29, 2024 proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on March 21, 2024, 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 in possession of proof of 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 objections to this 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 property grounds for invalidating the Trustee’s sale.

X.

If you are or may be deemed to be a guarantor of the sums due hereunder, you are given notice that:

(1) the guarantor 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 to 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. The failure of the beneficiary to provide any guarantor the notice referred to in this section does not invalidate either the notices given to the borrower or the grantor or the Trustee’s Sale.

XI.

Any payments required under this section as a condition precedent to reinstatement of the deed of trust shall be tendered to the trustee in the form of cash, certified check, cashier’s check, money order, or funds received by verified electronic transfer, or any combination thereof.

XII.

STATUTORY STATEMENT

Pursuant to RCW 61.24.025 the undersigned after diligent search finds that the Borrower and/or Guarantor of the subject Deed of Trust is/are not a Federal Service Member.

XIII.

NOTICE TO OCCUPANTS OR TENANTS

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;

DATED _____5-7-24______________.

Steven Schneider Attorney at Law, P.S.

Trustee

/s/Steven Schneider, President

STATE OF WASHINGTON )

) ss:

County of Spokane )

On this date _5-7-24____________, before me personally appeared STEVEN SCHNEIDER to me known to be the President of Steven Schneider, Attorney at Law, P.S., that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument.

IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year above written.

Courtney McCaslin Notary Public in and for the State of Washington, residing at Spokane.

My Commission expires:8-15-2027___

Published July 12 and 26, 2024

 

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