SECOND AMENDED NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN
Grantor: 4122 S. Laura St., LLC, a Washington limited liability company
Current beneficiary of the Deed of Trust: Michael Bruce Green and Laura Elizabeth Green, husband and wife
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: 7160930 Parcel number: 35324.3914
I. NOTICE IS HEREBY GIVEN BY Charles V. Carroll, Attorney at Law, the undersigned Trustee, that he or his designated agent will, on Friday, January 31, 2025 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:
LOT 14, BLOCK 1, MANITO CLUB FIRST ADDITION, as per plat recorded in
Volume “W” of plats, page 37, records of Spokane County;
Situate in the City of Spokane, County of Spokane, State of Washington
(Commonly known as: 4122 S. Laura St., Spokane, Washington)
which is subject to that certain Deed of Trust dated October 22, 2021 and recorded December 14, 2021 under Recording No. 7160930, records of Spokane County, Washington, from 4122 S. Laura St., LLC, a Washington limited liability company, as accommodator for Mountain Springs Canyon, LLC, a Wyoming limited liability company, as Grantor, to Charles V. Carroll, Attorney at Law, as Trustee, to secure a Balloon Promissory Note dated January 19, 2021, executed by Mountain Springs Canyon, LLC in favor of Michael Bruce Green and Laura Elizabeth Green, husband and wife. The servicer/collection escrow of the Deed of Trust is Evergreen Note Servicing, dba Allegro Escrow Services, P.O. Box 280, Sumner, WA 98390; Tel: 866-358-6683 (Acct. No. 20000100030776).
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 PAYMENT due on November 19, 2021: $ 50,000.00
B. LATE CHARGES of $100.00 each for failure to remit monthly payments of interest of $375.00 each which were due on February 19, 2021 and the 19th day of each month thereafter through October 19, 2021: $ 900.00
C. LATE CHARGE of 5% of the outstanding principal balance of $50,000.00 for failure to timely remit the balloon payment
due on November 19, 2021: $ 2,500.00
D. INTEREST on the unpaid principal loan balance of $50,000.00 at the rate of 9% per annum from January 19, 2021 calculated
to October 21, 2024: $ 16,918.66
E. DEFAULT INTEREST on the unpaid principal loan balance at the rate of 6% per annum over and above the Note rate of 9% per annum from November 19, 2021 calculated to October 21, 2024: $ 8,790.31
TOTAL PAYMENTS DUE: $ 79,108.97
Per Diem Interest after 10/21/24: $20.5479
F. Est. Foreclosure Costs:
Trustee’s Sale Guarantee: $ 706.32
Attorney’s Fees: 10,500.00
Process Service/Posting: 100.00
Statutory Mailings: 85.00
Copying, Tel., Fax.: 50.00
Recording Fees: 310.50
Misc. Escrow Fees & Charges: 1,648.86
Total Costs: $ 13,400.68
TOTAL EST. AMOUNT DUE: $ 92,509.65
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 $50,000.00, together with interest as provided in the note or other instrument secured from January 19, 2021 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 January 31, 2025. The default(s) referred to in Paragraph III must be cured by January 20, 2025 (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 January 20, 2025 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 January 20, 2025, 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, Grantor and Guarantor, if any, at the following address(es):
Mountain Springs Canyon, LLC 4122 S. Laura St., LLC Brenda Tampien (Guarantor) Spokane, WA 99203
P.O. Box 30028 3026 S. Manito Blvd. Spokane, WA 99223
3026 S. Manito Blvd.
Spokane, WA 99203
by both first class and certified mail on September 14, 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 September 18, 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 OF A COMMERCIAL LOAN
XI. Pursuant to RCW 61.24.042, notice is hereby given to the Guarantors of a commercial loan 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 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 guarantee 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.
DATED: October 21, 2024 /s/ Charles V Carroll
Charles V. Carroll, Attorney at Law, Trustee
12815 E. Sprague Ave., #200
Spokane, WA 99216
Telephone: (509) 624-8200
Published January 2 and January 23, 2025
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