Placed on 5/26/2023
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AMENDED NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24, ET SEQ. NOTICE IS HEREBY GIVEN that the undersigned Trustee, HACKER & WILLIG, INC., P.S., will on June 30, 2023 at 10:00 AM at the following location: On the front steps, main entrance, Snohomish County Court House, 3000 Rockefeller Ave, City of Everett, 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 Snohomish, State of Washington, to wit: LOT 3, SHORT PLAT NO. 17-90 RECORDED UNDER RECORDING NO. 9106210399, BEING A PORTION OF LOTS 39 AND 40, FAIRVIEW HEIGHTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 56, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON The address of said property is 5834 Cady Road, Everett, WA 98023 Assessor’s Tax Parcel ID No: 00443100003902 The afore-described real property is subject to that certain Deed of Trust dated December 6, 2019, recorded on December 6, 2019, under Instrument No. 201912060175, records of Snohomish County, Washington (the “Deed of Trust”), from Anil Bhambi, as his sole and separate property, as Grantor, to Trustee Services, Inc., or successors, as Trustee, to secure an obligation memorialized by a promissory note (the “Note”) in favor of Kautilya Capital, LLC, as beneficiary and Grantee of the Deed of Trust (“Beneficiary”). 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. III. The defaults for which this foreclosure is made are as follows: Original Loan Balance $116,000.00 Additional Advances $226,455.67 Insurance $1,028.00 Unpaid Interest 2nd Position Loan $17,425.37 Unpaid Default Interest 2nd Position Loan $3,485.09 Unpaid Interest 1st Position Loan $10,853.19 Unpaid Default Interest 1st Position Loan $19,482.54 Default Fee 1st Position Loan $21,750.00 Default Fee 2nd Position Loan $12,050.00 Unpaid Bounced Check fees $50.00 Legal Fees to date $11,738.62 Principal Payments $(184,105.18) Property Taxes Paid $26,597.16 Balance owing as of 02/28/2023 $282,810.46 Other potential defaults pursuant to the terms of the Promissory Note (“Note”) secured by the Deed of Trust may exist which do not involve payment to the Beneficiary. If applicable, each of these defaults must be cured. Listed below are categories of common defaults which do not involve payment of money to the Beneficiary. Opposite each listed default is a brief description of the action and/or documentation necessary to cure the potential default. This list does not exhaust all possible other defaults; any defaults identified by the Beneficiary or Trustee that are not listed below must also be cured. OTHER DEFAULT CURE Nonpayment of Taxes/Assessments Written proof to the Trustee that all taxes and assessments against the property are paid current; Default under any senior lien Written proof to the Trustee that all senior liens are paid current and that no other defaults exist; Waste Cease and desist from committing waste, repair all damage to property and maintain property as required in Deed of Trust; Unauthorized sale of property (Due on Sale) Revert title to permitted vestee. Costs and Fees In addition to the amounts in arrears specified above, you are or may be obligated to pay the following estimated charges, costs, and fees to cure the arrearages owed under the Deed of Trust: Trustee’s or Attorneys’ Fees $5,000.00 Recording Fees $500.00 Posting of Notice of Default $65.00 Postage $100.00 Photocopies $50.00 Long distance telephone charges $10.00 Federal Express $20.00 TOTAL: $5,745.00 ESTIMATED TOTAL CHARGES, COSTS AND FEES $5,745.00 ESTIMATED TOTAL BREACH AMOUNTS $282,810.46 ESTIMATED TOTAL PAYOFF AMOUNT $288,555.46 The estimated amounts that will be due to cure the loans as of June 19, 2023 (11 days before the sale date): Additional Arrearages Interest from March 1, 2023 to June 19, 2023 $35,271.50 @ 24% per annum 110 days @ $320.65 per diem Subtotal: $323,826.96 Additional Costs and Fees Est. Additional Trustee’s or Attorneys’ Fees $3,000.00 Estimated Publication Costs $2,500.00 Subtotal: $5,500.00 Total Estimated Balance Due to cure as of June 19, 2023: $329,326.96 (Excluding real property taxes owing) IV. The sum owing on the obligations secured by the Deed of Trust is: Principal balance together with such interest as provided in the Note or other instruments evidencing the obligations from the date of default and such other costs and fees as are due under the obligations and as are provided by statute. Of course, as time passes other payments may become due, and any further payments coming due and any additional late charges must be added to the cure payment. Any new defaults not involving payment of money that occur after the date of this notice must also be cured. In addition, because some of the charges can only be estimated at this time and because the amount necessary to cure may include presently unknown expenditures required to preserve the property, or to comply with state or local laws, it is necessary for you to contact the Trustee before the time you tender payment so that you may be advised of the exact amount you will be required to pay. Tender of payment or performance must be in the full amount by certified funds or cash equivalent to the Trustee whose address is: HACKER & WILLIG, INC., P.S. 520 Pike Street, Suite 2500 Seattle, Washington, 98101 Telephone: (206) 340-1935 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 30, 2023. The defaults referred to in Paragraph III must be cured before the time of sale, to cause a discontinuance of the sale. The sale may be terminated any time after June 19, 2023 and before the sale by the Borrower, Grantor, any Guarantor, 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 Trustee to the Borrower and Grantor, Guarantors, and any successor at the following addresses: Anil Bhambi 2810 144th PL SW Lynnwood, WA 98087 Anil Bhambi 5834 Cady Road Everett, WA 98203 by both first class and certified mail on January 10, 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 and/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 Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property. IX. Anyone having an objection to the sale on any grounds whatsoever is afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to the Revised Code of Washington, Chapter 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee’s Sale. Service of process of any lawsuit or legal action may be made on Hacker & Willig, Inc. P.S., whose address is 520 Pike Street, Suite 2500, Seattle, WA 98101. 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. XI. Notice to Guarantor(s): 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. 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 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. The Guarantor will have no right to redeem the property after the Trustee's sale. Any action 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 (subject to such longer periods as are provided in RCW 61.24). DATED this 28th day of March, 2023. HACKER & WILLIG, INC., P.S., Trustee By: ARNOLD M. WILLIG For further information, please call Alice Gallagher at (206) 971-0436. Published: May 26; June 16, 2023. EDH977613
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