NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN
Grantor: Lyyph Famm REI 1, LLC
Current beneficiary of the Deed of Trust: Dennis P. Noble & Cala
D. Noble, husband & wife, as to a 79.31% share, and Jason Noble
& Paula Noble, husband & wife, as to a 20.69% share
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: 2018 0479530
Parcel number: 2737-010-600040
I. NOTICE IS HEREBY GIVEN BY Charles V. Carroll, Attorney at
Law, the undersigned Successor Trustee, that he or his designated
agent will, on Friday, December 1, 2023 at the hour of 10:00 a.m.
at the front entrance to Pioneer Title Company, 403 Logan Street,
City of Davenport, 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 Lincoln, State of
Washington:
The East Half of the Northwest Quarter of the Southwest Quarter
of Section 10, Township 27 North, Range 37 E.W.M., records of
Lincoln County, Washington
Commonly known as: 39355 Orchard Rd. E, Davenport , WA 99122
which is subject to that certain Deed of Trust dated October 23,
2018 and recorded October 26, 2018 under Recording No. 2018
0479530, records of Lincoln County, Washington, from Lyyph Famm
REI 1, LLC, a Washington limited liability company, as Grantor, to
Ford & Dalton, P.S., as Trustee, to secure an obligation in favor of
Dennis P. Noble & Cala D. Noble, husband & wife, as to 79.31%
share, and Jason Noble & Paula Noble, husband & wife, as to a
20.69% share. The servicer of the Deed of Trust is Allegro Escrow
Services, 12423 E. Broadway, Spokane Valley, WA 99216; Tel:
509-926-0223 (Acct. No. 20100100049349).
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 Payoff of note principal due on October 22, 2022:
$ 144,999.98
B. Late Charges: 4,875.00
C. Interest: Default interest from 1/28/23 - 8/14/23 @ 18% per
annum: 16,875.00
Total Payments: $166,749.98
E. Est. Foreclosure Costs:
Trustee’s Sale Guarantee: $774.36
Attorney’s Fee: 5,000.00
Process Service/Posting: 250.00
Statutory Mailings: 100.00
Copying, Tel., Fax .: 50.00
Reconveyance Fees: 403.50
Recording Fees: 229.50
Misc. Escrow Fees: 393.60
Total Costs: $7,200.96
TOTAL EST. AMOUNT DUE: $ 173,950.94
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 $144,999.98, together with interest as
provided in the note or other instrument secured from January 28,
2023 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
December 1, 2023. The default(s) referred to in Paragraph III must
be cured by November 20, 2023 (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 November 20, 2023 (11 days before the sale
date), 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 November 20, 2023 (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 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 and Grantor and Guarantor, if any, at the
following address(es):
Lyyph Famm REI 1, LLC Reneice Jones, Guarantor
39355 Orchard Rd. E, Suite E 8712 E. Sprague Ave.
Davenport, WA 99122-9404 Spokane Valley, WA
99212
Lyyph Famm REI 1, LLC
12220 E. 19th Ave.
Spokane Valley, WA 99026
by both first class and certified mail on April 28, 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 May 8, 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
XI. (1) Any guarantor of the obligation described herein 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 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: August 10, 2023
/s/ Charles V. Carroll
Charles V. Carroll, Attorney at Law
Successor Trustee
421 W. Riverside, Ste. 960
Spokane, WA 99201
(509) 624-8200
Published November 2 and November 23, 2023
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