NOTICE OF TRUSTEE'S SALE COMMERCIAL LOAN

NOTICE OF TRUSTEE’S SALE COMMERCIAL LOAN

PURSUANT TO THE REVISED CODE OF WASHINGTON

CHAPTER 61.24, ET SEQ.

I.

NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on February 28, 2025, at the hour of 10:00 a.m., at the main entrance to the Spokane County Courthouse -- 1116 W. Broadway, in the 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, to wit:

Lot 3, Block 4, South Lake Terrace, according to the plat thereof recorded in Volume 13 of Plats, Page 51, records of Spokane County, State of Washington.

Commonly known as 615 S. Pine View Dr., Medical Lake, WA 99022

Tax Parcel No. 14173.3003

which is subject to that certain Deed of Trust (“Deed of Trust”), recorded December 20, 2021, under Auditor’s File No. 7163452, records of Spokane County, Washington, from LFR31 Ventures, LLC and Marcus L. Brooks, Sr., individually, each as Grantor with respect to parcels identified therein, to Ford, Dalton & Morsensen, P.S. as original Trustee, to secure an obligation in favor of Oculatus, LLC and TCF Properties, LLC, as original Beneficiaries. Said Deed of Trust was partially reconveyed through document recorded January 28, 2022, under Auditor’s File No. 7175778, and the Beneficiary interest of TCF Properties, LLC was assigned to Oculatus, LLC by document recorded August 29, 2024, under Auditor’s File No. 7369444. Randall | Danskin, P.S. is the successor trustee pursuant to an Appointment of Successor Trustee, recorded October 23, 2024, under Auditor’s File No. 7379784.

II.

No action commenced by the Beneficiary of the Deed of Trust or the Beneficiary’s successor 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 said Deed of Trust.

III.

The defaults for which this foreclosure is made are as follows:

A. Failure to pay that certain promissory note dated December 16, 2021, in the original principal amount of $360,000.00 (“Note”) in full upon the maturity date of December 16, 2022, and other charges due under the when due under the Note which are now in arrears:

Principal Balance: $280,000.00

Interest Balance 6/1/22-12/16/22: $72,465.56

Default Interest 12/16/22-11/22/24*: $45,056.69

Late Fees: $40,576.69

Delinquent Taxes 2023-2024: $4,601.94

Attorneys’ Fees: $3,500.00

Trustees Fees and Costs $11,970.00

TOTAL AMOUNT DUE $458,170.88

*The Note continues to accrue default interest at the rate of $140.00 per diem.

B. Defaults other than failure to make payments as noted above:

Transferring property from Grantor without Beneficiary consent, and dissolving (or allowing dissolution) of Grantor entity.

IV.

The sum owing on the obligation secured by the Deed of Trust is the principal balance of $280,000.00; accrued and unpaid interest, late fees, taxes, attorneys’ fees and trustees’ fees and costs in the amounts noted above, the foregoing totaling $458,170.88; together with per diem interest in the amount of $140.00 from the date hereof until paid; 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 Friday, February 28, 2025, (at least 90 days after posted). The defaults referred to in Paragraph III must be cured by February 17, 2025, (11 days 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 February 17, 2025, (11 days before the sale) the defaults as set forth in Paragraph III are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after February 17, 2025, (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 encumbrance by paying the 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, Grantor, the Guarantor(s), and Occupant(s) at the following address(es):

Grantor(s):

LRF31 Ventures LLC

Marcus L. Brooks, Sr. 12220 E. 19th Ave., Apt A

Spokane Valley, WA 99206

LRF31 Ventures LLC

Marcus L. Brooks, Sr. 8714 E Sprague Ave.

Spokane Valley, WA 99212

LRF31 Ventures LLC

Marcus L. Brooks, Sr. 615 S. Pine View Dr.

Medical Lake, WA 99022

LRF31 Ventures LLC

Marcus L. Brooks, Sr. 8714 E Sprague Ave.

Spokane Valley, WA 99212

Guarantor(s):

Reneice Jones 12220 E. 19th Ave., Apt A

Spokane Valley, WA 99206

Reneice Jones 8714 E Sprague Ave.

Spokane Valley, WA 99212

Reneice Jones 615 S. Pine View Dr.

Medical Lake, WA 99022

Occupants: Occupants

615 S. Pine View Dr.

Medical Lake, WA 99022

by both first class and certified mail on November 22, 2024, proof of which is in the possession of the Trustee; and the written Notice of Default was posted in a conspicuous place on the real property described in Paragraph I above on November 22, 2024, and the Trustee has in his possession proof of such service or posting.

VII.

The Trustee whose name and address is 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 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.

XI.

NOTICE TO GUARANTORS:

(1) Guarantor(s) 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) Guarantor(s) have 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) Guarantor(s) 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(s) 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: November 22, 2024.

RANDALL | DANSKIN, P.S.

April L. Anderson, Trustee

Address: 601 W. 1st Ave., Ste 800

Spokane, Washington 99201

Telephone: (509) 747-2052

Published January 30 and February 20, 2025

 

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