NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN

PURSUANT TO THE REVISED CODE OF WASHINGTON

CHAPTER 61.24, ET.SEQ.

Grantor: The Senator LLC

Grantee/Current beneficiary of the deed of trust:

HMJOINT, LLC

HMAJC, LLC

JOHN IANI

MICHELE CHAFEE

PHILIP IRVIN and JOAN IRVIN

UB BELLINGHAN, LLC

PHILIP CHAFEE

KC CAPITAL LLC

MILLENIUM TRUST CO., LLC, CUSTODIAN FOR THE BENEFIT OF ALAN J. CHAFEE

Current trustee of the deed of trust: Rainier Trustee Services, Inc.

Current mortgage servicer of the deed of trust: WADOT Capital, Inc.

Reference number of the deed of trust: 8013107

Tax Parcel number(s): 181324-14495; 191319-23410

Abbreviated Legal: Lot 1, Blk 251& Lots 23-24, Blk 10, Town of N. Yakima, Now Yakima, Vol. A, Pg. 10, ReRec Vol. E, Pg 1

I.

NOTICE IS HEREBY GIVEN that the undersigned Trustee, Rainier Trustee Services, Inc., will on December 16, 2022, at the hour of 10:00 A.M., outside the front entrance to the Yakima County Courthouse, 128 N.2d Street, Yakima, WA 98901, in the City of Yakima, 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 YAKIMA, State of Washington, to wit:

PARCEL A:

LOT 1, BLOCK 251, TOWN OF NORTH YAKIMA, NOW YAKIMA, ACCORDING TO THE PLAT RECORDED IN VOLUME “A” OF PLATS, PAGE 10, AND RE-RECORDED IN VOLUME “E” OF PLATS, PAGE 1, RECORDS OF YAKIMA COUNTY, WASHINGTON.

(Tax Parcel No. 181324-14495).

PARCEL C:

LOTS 23 AND 24, BLOCK 10, TOWN OF NORTH YAKIMA, NOW YAKIMA, ACCORDING TO THE PLAT RECORDED IN VOLUME “A” OF PLATS, PAGE 10, AND RE-RECORDED IN VOLUME “E” OF PLATS, PAGE 1, RECORDS OF YAKIMA COUNTY, WASHINGTON.

(Tax Parcel No. 191319-23410).

the postal addresses of which are more commonly known as:

322 & 324 W. Yakima Ave, Yakima, WA 98902; and

31 N. Front Street, Yakima, WA 98901.

which is subject to that certain Deed of Trust dated April 19, 2019, recorded on April 25, 2019, under Auditor’s File No. 8013107 records of Yakima County, Washington. The Deed of Trust was granted by The Senator LLC, a Washington limited liability company, as Grantor, to Reconveyance Professionals, as original Trustee, to secure an obligation in favor of WADOT Capital Inc., a Washington corporation, as original beneficiary. The current holders of the obligation secured by the above referenced Deed of Trust are: HMJOINT, LLC, as to an undivided 11.111111 %; HMAJC, LLC, as to an undivided 7.407407%; John Iani, as to an undivided 7.407407%; Michele Chaffee, as to an undivided 1.851852%; Philip Irvin and Joan Irvin, as to an undivided 9.259259%; UB Bellingham, LLC, as to an undivided 2.962965%; Philip Chaffee, as to an undivided 5.555555%; KC Capital LLC, as to an undivided 45.185185%; and Millennium Trust Co., LLC Custodian FBO Alan J. Chaffee, as to an undivided 9.259259%.

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 Default for which this foreclosure is made is as follows: Failure to pay when due the following amounts which are now in arrears:

a. Failure to pay the following amounts which are in due and in arrears:

Unpaid Principal Balance Due in Full May 1, 2022: $1,345,000.00

8 Unpaid Interest Only Installments in the amount of $13,337.92 each from 9-1-21 thru 4-1-22: $106,703.36

Additional Default Interest in the amount of $452.07 per diem from 9- 1-21 thru 4-1-22: $95,838.84

Unpaid Accrued Interest at Default Rate of 24% per annum from 4-1-22 to 9-8-22:

$896.67 Per Diem: $144,363.87

Unpaid Accrued Late Charges: $74,233.71

3% balloon payment late charge from May 1, 2022 Due Date: $40,350.00

NSF Payment Charge:$ $2,677.50

Attorney’s Fees and Costs: $2,447.50

Forced Place Insurance: $14,931.00

Interest on Fees/Costs: $1,017.71

TOTAL.: $1,827,563.49

*plus all applicable foreclosure fees and costs incurred.

Default other than failure to make payments:

Delinquent General Taxes for Parcel A for years 2020, 2021 and first half of 2022 in the amounts of $9,892.72, $9,651.30, and $5,885.33, respectively, plus applicable interest and penalties.

Delinquent General Taxes for Parcel C for years 2020, 2021 and first half of 2022 in the amounts of $12,136.74, $12,138.82, and $8,411.06, respectively, plus applicable interest and penalties.

Notices of Substandard Building Recorded Affecting Parcel A under Yakima County Auditor’s Recording Numbers 8113164 and 8114491.

Notice of Substandard Building Recorded Affecting Parcel C under Yakima County Auditor’s Recording Numbers 8105107, 8129675,

Notices of Pendency of Administrative Proceedings Affecting Parcel A under Yakima County Auditor’ Recording Numbers 8123993; 8129675.

Notices of Pendency of Administrative Proceedings Affecting Parcel C under Yakima County Auditor’ Recording Numbers 8119102; 8131871; 8134408; 8141684; 8148814

IV.

The sum owing on the obligation secured by the Deed of Trust is: Unpaid principal of $1,345,000.00; together with unpaid interest as provided in the promissory note or other instrument secured from August 1, 2021; and together with such other advances, costs and fees as referenced above which 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 said Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on DECEMBER 16, 2022. The defaults referred to in paragraph III must be cured before the sale on DECEMBER 16, 2022 to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time 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 before the sale, by the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance paying the principal and interest 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, Grantor, Guarantors and other interested parties at the following addresses:

The Senator LLC

Attn: Aaron Stewart, Registered Agent

2522 N. Procter St #467

Tacoma, WA 98406-5338

Aaron Stewart

520 N. Sheridan Avenue

Tacoma, WA 98403

The Senator LLC

31 N. Front Street

Yakima, WA 98901

The Senator LLC

322 W. Yakima Avenue

Yakima, WA 98902

Aaron Stewart

2522 N. Procter St #467

Tacoma, WA 98406

Spouse of Aaron Stewart, if any

2522 N. Procter St #467

Tacoma, WA 98406

The Senator LLC

2522 N. Procter St 467

Tacoma, WA 98406

Spouse of Aaron Stewart, if any

520 N. Sheridan Avenue

Tacoma, WA 98403

The Senator LLC

324 W. Yakima Avenue

Yakima, WA 98902

The Senator LLC

20 Staff Sgt Pendleton Way

Yakima, WA 98901-2605

by both first class and certified mail on JUNE 10, 2022, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on JUNE 13, 2022, with said written Notice of Default or the Notice of Default was posted in a conspicuous place on the real property described in paragraph I above, 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 R.C.W. 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.

XI.

NOTICE TO GUARANTORS

Any guarantor (not discharged in bankruptcy) of the obligation secured by the deed of trust 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. All guarantors have the same rights to reinstate the debt, cure the default or repay the debt as is given to the Grantor and Borrower in order to avoid the trustee’s sale. Any guarantor will have no right to redeem the property after the trustee’s sale. 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. In any action for a deficiency, a 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 the guarantor’s 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 interests and costs.

DATED: September 8, 2022

RAINIER TRUSTEE SERVICES, INC.,

Successor Trustee

By: THOMAS S. LINDE, Vice President

Rainier Trustee Services, Inc. c/o

SCHWEET LINDE & COULSON, PLLC

575 S. Michigan Street

Seattle, WA 98108

(206) 275-1010

PUBLISH: SUNNYSIDE SUN

November 16 and December 7, 2022

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