NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN Nelson Crab, Inc.
Published 7:01 am Wednesday, May 5, 2021
When Recorded Return to:
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HILLIS CLARK MARTIN & PETERSON P.S.
Attn: Julie B. Hamilton
999 Third Avenue, Suite 4600
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Seattle, WA 98104
Loan No. 2280905634
Trustee No. 23161.002
NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN
Pursuant to the Revised Code of Washington
Chapter 61.24, et seq.
Grantor(s): Nelson Crab, Inc.
Current Beneficiary of the Deed of Trust (Grantee): LPP Mortgage, Inc.
Current Trustee of the Deed of Trust: Hillis Clark Martin & Peterson P.S., Trustee
Current Mortgage Servicer of the Deed of Trust: CLMG Corp.
Legal Description (abbreviated)*: LOTS 9-32 BLK 5 TOKES POINT + VACATED STREETS AND ALLEYS PTN VAC ST ADJA-CENT TO BALANCE LOT 32 (Complete legal on PAGE 7)
Reference No. of the Deed of Trust: 71415, V. 8510, P. 161- DOT
77003 – Additional Loan & Amendment
3075616 – Amendment to DOT
Assessor’s Parcel No(s)*: 78029005009; 72829005014; 78029005017
*The Assessor’s Parcel Number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property’s full legal description provided herein.
I. NOTICE IS HEREBY GIVEN that the undersigned trustee will, on May 14, 2021, at the hour of 11:00 a.m., on the front steps of the main entrance to the Pacific County Courthouse, 300 Memorial Dr., South Bend, Washington, sell at public auction to the highest and best bidder, payable at time of sale, the real and personal property situated in the County of Pacific, State of Washington, as legally described in Exhibit A attached hereto (the “Property”). The Property is subject to (a) that certain Deed of Trust granted by NELSON CRAB, INC., a Washington corporation (“Grantor”), for the benefit of Small Business Administration, as trustee for the benefit of the United States Small Business Administration (“Prior Lender”), and recorded on October 7, 1985 in the official records of Pacific County, Washington, under Document No. 71415, in Volume 8510, Page 161, as amended by the Statement of Additional Loan and Amendment to Deed of Trust recorded on August 4, 1986 in the official records of Pacific County, Washington under Document No. 76903, as re-recorded on August 8, 1986 in the official records of Pacific County, Washington under Document No. 77033, as further amended by that Amendment to Deed of Trust recorded on September 8, 2004 in the official records of Pacific County, Washington under Document No. 3075616 (as amended, the “Deed of Trust”), and (b) that certain security agreement dated July 28, 1986, and perfected by that UCC Financing Statement filed in the official records of Pacific County, Washington under File No. 3149545 and with the Washington Department of Licensing under File No. 99-155-0156 (the “Security Agreement”). The Deed of Trust and Security Agreement were granted by Grantor to secure a loan (the “Loan”) made by Prior Lender to Grantor in the original principal amount of $222,600.00, as evidenced by that U.S. Small Business Administration Note (For Disaster Loans Only) dated October 2, 1985, as subsequently amended (the “Note”). Prior Lender assigned all of its rights, title, and interest in the Loan to LPP Mort-gage, Inc., formerly known as LPP Mortgage Ltd. (“Beneficiary”). CLMG Corp. is the servicer of the Loan for Beneficiary. HILLIS CLARK MARTIN & PETERSON P.S. is now “Trustee” by reason of an Appointment of Successor Trustee recorded on January 26, 2021, under Recording No. 3199756, records of Pacific County, Washington. 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 default on the obligation secured by the Deed of Trust.
III. The default for which this foreclosure is made is for failure to pay the Loan in full on or before July 19, 2018 (the “Maturity Date”). The following is an itemized summary of the amounts that are now due in full as of February 4, 2021: Unpaid Principal Balance: $383,560.55; Interest accrued to 2/4/21: $70,231.54; Fees, costs, and expenses due as a result of default: $8,678.00; Negative escrow: $6,236.43; Total Estimated Due as of 2/4/21: $468,706.52; *Plus all applicable additional advances, loan fees, attorney’s fees and costs, and trustee’s fees and costs incurred by Beneficiary to the date of cure or sale, less any funds received.
IV. The sum owing on the obligation secured by the Deed of Trust and Security Agreement is $468,706.52, together with interest as provided in the Note or other instrument secured as referenced above, and such other costs and fees as are due under the note or other instrument secured, and as are provided by statute, including outstanding trustee’s fees and costs. V. The Property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust and Security Agreement as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on May 14, 2021. The sale will be discontinued and terminated any time before the sale by the Borrower, any Guarantor (defined below), or the holder of any recorded junior lien or encumbrance 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 curing all other defaults.
VI.
A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower at the following address(es): Nelson Crab, Inc., c/o Harbor Bell Seafoods LLC, Registered Agent , 2288 W. Commodore Way, Suite 205, Seattle, WA 98199; Nelson Crab, Inc., 3291 Front Lane, Tokeland, WA 98590; Nelson Crab, Inc., P O Box 520, Tokeland, WA 98590; Kristi B. Nelson, P O Box 520, Tokeland, WA 98590; John Doe Nelson, P O Box 520, Tokeland, WA 98590
by both first class and certified mail on November 12, 2020, proof of which is in the possession of the Trustee; and the Borrower was personally served on November 12, 2020, 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 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 Borrower, and all those who hold by, through or under the Borrower, of all their interest in the 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. X. 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 and the Helping Families Save Their Homes Act of 2009. XI. SPECIAL NOTICE TO GUARANTORS If any of the parties receiving this notice are guarantors of the obligations referenced above, each such guarantor (individually and collectively, “Guarantor”) is hereby notified that: (1) 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) 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 any trustee’s sale; (3) 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 obligations referenced above; and (5) in any action for a deficiency, 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.
XII. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFOR-MATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DATED this 5th day of February, 2021.
HILLIS CLARK MARTIN & PETERSON P.S. By /s/ Julie B. Hamilton, Trustee
999 Third Avenue, Suite 4600, Seattle, WA 98104, Telephone: (206) 623-1745
EXHIBIT A: LEGAL DESCRIPTION PARCEL A: Lots 25 and 32, both inclusive, in block 5 of Tokes Point, according to the plat thereof on file in the office of the Auditor of Pacific County, Washington, TOGETHER WITH that portion of the vacated alley accruing to Lots 25 to 32, both inclusive. PARCEL B:
Lots 14, 15 and 16 in Block 5 of Tokes Point, according to the plat thereof on file in the office of the Auditor of Pacific County, Washington, TOGETHER WITH that portion of vacated Second Street accruing to said Lot 16. PARCEL C:
Lots 9 to 13, both inclusive, in Block 5 of Tokes Point, according to the plat thereof on file in the office of the Auditor of Pacific County, Washington,
TOGETHER WITH that portion of vacated alley accruing to said Lots 9 to 12, both inclusive. PARCEL D: Lots 17 to 24, both inclusive, in Block 5 of Tokes Point, per plat thereof on file in the office of the Pacific County Auditor,
TOGETHER WITH portion of vacated alley. TOGETHER WITH and including all buildings, all fixtures, including but not limited to all plumbing, heating, lighting, ventilating, refrigerating, incinerating, air conditioning apparatus, and elevators, and all improvements now or hereafter existing thereon; the hereditaments and appurtenances and all other rights thereunto belonging, or in anywise appertaining, and the revision and revisions, remainder and remainders, and the rents, is-sues, and profits of the property herein described.
TOGETHER WITH all equipment and machinery, including power-driven machinery and equipment, furniture and fixtures now owned or hereafter acquired, together with any re-placements thereof, all attachments, accessories, parts and tools belonging thereto or for use in connection with the property described herein.
Published April 14 and May 5, 2021
Legal No. 091-21