NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN(S)
Pursuant to the Revised Code of Washington,
Chapter 61.24 Et Seq.
CURRENT DEED OF TRUST INFORMATION
Grantor: NB Crest Investor Units, LLC
NB Crest TIC 2, LLC
NB Crest TIC 3, LLC
NB Crest TIC 4, LLC
NB Crest TIC 5, LLC
NB Crest TIC 6, LLC
NB Crest TIC 7, LLC
NB Crest TIC 8, LLC
NB Crest TIC 9, LLC
NB Crest TIC 10, LLC
Current beneficiary of the deed of trust: Greyhawk BRE CCA Lender, LLC
Current trustee of the deed of trust: LPSL Corporate Services, Inc.
Current servicer of the deed of trust: n/a
Reference number of the deed of trust: 750654, 782143, 782317, and 782752
Parcel number(s): 1-1190-00-02-01-0002
TO: NB Crest Investor Units, LLC (Borrower and Grantor)
NB Crest TIC 2, LLC (Borrower and Grantor)
NB Crest TIC 3, LLC (Borrower and Grantor)
NB Crest TIC 4, LLC (Borrower and Grantor)
NB Crest TIC 5, LLC (Borrower and Grantor)
NB Crest TIC 6, LLC (Borrower and Grantor)
NB Crest TIC 7, LLC (Borrower and Grantor)
NB Crest TIC 8, LLC (Borrower and Grantor)
NB Crest TIC 9, LLC (Borrower and Grantor)
NB Crest TIC 10, LLC (Borrower and Grantor)
Nelson Partners LLC (Guarantor)
Patrick S. Nelson (Guarantor)
Other Parties in Interest
I.
NOTICE IS HEREBY GIVEN that the undersigned Successor Trustee or its designated representative will, on the 7th day of June, 2024, at the hour of 10:00 o’clock a.m., at the main entrance to the Whitman County Courthouse, 400 N Main Street, Colfax, WA 99111, 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 Whitman, State of Washington, to-wit (the “Real Property”):
A portion of Lot 1, Block 2, North Campus Heights Addition to the City of Pullman, recorded under Auditor’s File No. 388868, records of Whitman County, Washington, described as follows: BEGINNING at the northwest corner of said Lot 1; Thence north 60°51’00” east 246.00 feet; Thence south 18°18’03” east 191.42 feet; Thence south 60°51’00” west 66.0 feet; Thence south 35°09’00” east 202.0 feet; Thence north 54°41’00” east 62.0 feet; Thence south 35°00’00” east 43.5 feet more or less to the northerly line of Merman Drive in said Addition; Thence southwesterly along said northerly line 379.55 feet to the southwest corner of said Lot 1; Thence north 9°49’27” west 419.87 feet to the northwest corner of said Lot and the point of beginning.
TOGETHER WITH a portion of Lot 1, Block 2, North Campus Heights Addition to the City of Pullman, described as follows:
BEGINNING at the northwest corner of said Lot 1; Thence north 60°51’00” east 246.00 feet; Thence south 18°18’03” east 191.42 feet to the true point of beginning; Thence south 60°15’00” west 66.0 feet; Thence south 35°09’09” east 202.0 feet; Thence north 54°41’00” east 62.0 feet: Thence northwesterly in
a straight line to the true point of beginning.
Situate in the County of Whitman, State of Washington.
together with all existing or subsequently erected or affixed buildings, improvements and fixtures, and all other Property described in the Deed of Trust; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the Real Property, including, without limitation, all minerals, oil gas, geothermal and similar matters (collectively, the “Additional Collateral”);
all of which is subject to that certain Deed of Trust dated as of December 17, 2018 (as amended, restated, or otherwise modified from time to time, the “Deed of Trust”), and recorded on December 20, 2018, in the Official Records of Whitman County, Washington under instrument number 750654, from NB Crest Investor Units, LLC, a Delaware limited liability company, NB Crest TIC 2, LLC, a Delaware limited liability company, NB Crest TIC 3, LLC, a Delaware limited liability company, NB Crest TIC 4, LLC, a Delaware limited liability company, NB Crest TIC 5, LLC, a Delaware limited liability company, NB Crest TIC 6, LLC, a Delaware limited liability company, NB Crest TIC 7, LLC, a Delaware limited liability company, NB Crest TIC 8, LLC, a Delaware limited liability company, NB Crest TIC 9, LLC, a Delaware limited liability company, and NB Crest TIC 10, LLC, a Delaware limited liability company (individually and collectively, the “Borrower” and “Grantor”), as grantors under said Deed of Trust, to First American Title Company, as trustee, to secure an obligation in favor of Greyhawk BRE CCA Lender, LLC, a Delaware limited liability company (together with its successors and assigns, the “Beneficiary”), as beneficiary, the beneficial interest in which was assigned by Citizens Community Bank, a division of Glacier Bank, to BRE CCA Lender, LLC pursuant to that certain Assignment of Deed of Trust dated as of December 26, 2023, and recorded on January 3, 2024, in the Official Records of Whitman County, Washington under instrument number 782317. An Appointment of Successor Trustee appointing LPSL Corporate Services, Inc. as Successor Trustee was recorded on February 20, 2024, in the Official Records of Whitman County, Washington under instrument number 782752.
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(s) for which this foreclosure is made is/are as follows:
Failure to pay when due the following amounts which are now in arrears:
Obligations Amount Outstanding
Unpaid matured principal obligation $12,884,010.33
Unpaid interest through February 29, 2024 $4,678,042.95
Late charges $1,957,266.50
Protective advances for real estate taxes $380,081.01
Attorneys’ fees, costs and other expenses through February 29, 2024 $56,444.33
In addition to the amounts in arrears specified above, you are or may be obligated to pay the following estimated charges, costs and fees:
(a) Title report $11,771.89
(b) Estimated attorneys’ fees, costs and expenses from March 1, 2024, through the trustee’s sale $12,000.00
(c) Service/Posting/Publishing/
Notices of Default, Sale & Foreclosure $2,500.00
(d) Postage and copying expenses $100.00
(e) Recording fees $100.00
Subtotal: $26,471.89
TOTAL: $19,982,317.01
IV.
The sum owing on the obligation secured by the Deed of Trust and subject to this foreclosure is the unpaid principal balance of $12,884,010.33, together with accrued and unpaid interest from May 20, 2021, as provided in that certain Promissory Note dated as of December 17, 2018 (as amended, restated, or otherwise modified from time to time, the “Promissory Note”), or other instruments secured from the date owing, and such other advances, costs and fees as are due and will come due under the Promissory Note or other instrument secured, and as are provided by statute.
V.
The above-described Real Property and Additional Collateral (collectively, the “Property”) will be sold to satisfy the expenses 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 the 7th day of June, 2024. The sale may be terminated any time before the time of sale on the 7th day of June, 2024 (the sale date) by Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance, paying the entire obligation secured by the Deed of Trust, including principal, interest, and late fees, plus costs, attorneys’ fees and advances, if any, made pursuant to the terms of the loan documents, including, but not limited to, the Promissory Note and Deed of Trust, and curing all other defaults, as applicable.
VI.
A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower, Grantor, and Guarantor, at the addresses identified on Schedule 1 hereto, by both first-class and certified mail on January 19, 2024, proof of which is in the possession of the Successor Trustee; and the written notice of default was posted in a conspicuous place on the Real Property described in Paragraph I above on January 22, 2024, and the Successor Trustee has possession of proof of such posting.
VII.
The Successor 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 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.
Special Notice to Guarantors
Pursuant to RCW 61.24.042, each Guarantor is hereby notified that (1) each 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) each Guarantor has the same rights to reinstate the debt, cure the default, or repay the debt as is given to the Borrower and Grantor in order to avoid the trustee’s sale; (3) each 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, each 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.
THIS NOTICE IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DATED: March 4, 2024.
LPSL CORPORATE SERVICES, INC.,
Successor Trustee
By/s/Gregory R. Fox____________________
Gregory R. Fox, its Vice President
Address:
LPSL Corporate Services, Inc.
1420 5th Avenue, Suite 4200
Seattle, WA 98101
Phone: (206) 223-7129
SCHEDULE “1”
ADDRESSES
A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower, Grantor, and Guarantor, at the following addresses:
NB Crest Investor Units, LLC
16 B Journey, Suite 200
Aliso Viejo, CA 92656
NB Crest Investor Units, LLC
180 Avenida La Pata, 2nd Floor
San Clemente, CA 92673
NB Crest Investor Units, LLC
c/o Capitol Corporate Services, Inc., Registered Agent
1780 Barnes Blvd SW
Tumwater, WA 98512
NB Crest TIC 2, LLC
16 B Journey, Suite 200
Aliso Viejo, CA 92656
NB Crest TIC 2, LLC
180 Avenida La Pata, 2nd Floor
San Clemente, CA 92673
NB Crest TIC 2, LLC
c/o Sorensen Entity Services LLC, Registered Agent
1201 N. Orange Street, Suite 7044
Wilmington, DE 19801
NB Crest TIC 3, LLC
16 B Journey, Suite 200
Aliso Viejo, CA 92656
NB Crest TIC 3, LLC
180 Avenida La Pata, 2nd Floor
San Clemente, CA 92673
NB Crest TIC 3, LLC
c/o Sorensen Entity Services LLC, Registered Agent
1201 N. Orange Street, Suite 7044
Wilmington, DE 19801
NB Crest TIC 4, LLC
16 B Journey, Suite 200
Aliso Viejo, CA 92656
NB Crest TIC 4, LLC
180 Avenida La Pata, 2nd Floor
San Clemente, CA 92673
NB Crest TIC 4, LLC
c/o Sorensen Entity Services LLC, Registered Agent
1201 N. Orange Street, Suite 7044
Wilmington, DE 19801
NB Crest TIC 5, LLC
16 B Journey, Suite 200
Aliso Viejo, CA 92656
NB Crest TIC 5, LLC
180 Avenida La Pata, 2nd Floor
San Clemente, CA 92673
NB Crest TIC 5, LLC
c/o Sorensen Entity Services LLC, Registered Agent
1201 N. Orange Street, Suite 7044
Wilmington, DE 19801
NB Crest TIC 6, LLC
16 B Journey, Suite 200
Aliso Viejo, CA 92656
NB Crest TIC 6, LLC
180 Avenida La Pata, 2nd Floor
San Clemente, CA 92673
NB Crest TIC 6, LLC
c/o Sorensen Entity Services LLC, Registered Agent
1201 N. Orange Street, Suite 7044
Wilmington, DE 19801
NB Crest TIC 7, LLC
16 B Journey, Suite 200
Aliso Viejo, CA 92656
NB Crest TIC 7, LLC
180 Avenida La Pata, 2nd Floor
San Clemente, CA 92673
NB Crest TIC 7, LLC
c/o Sorensen Entity Services LLC, Registered Agent
1201 N. Orange Street, Suite 7044
Wilmington, DE 19801
NB Crest TIC 8, LLC
16 B Journey, Suite 200
Aliso Viejo, CA 92656
NB Crest TIC 8, LLC
180 Avenida La Pata, 2nd Floor
San Clemente, CA 92673
NB Crest TIC 8, LLC
c/o Sorensen Entity Services LLC, Registered Agent
1201 N. Orange Street, Suite 7044
Wilmington, DE 19801
NB Crest TIC 9, LLC
16 B Journey, Suite 200
Aliso Viejo, CA 92656
NB Crest TIC 9, LLC
180 Avenida La Pata, 2nd Floor
San Clemente, CA 92673
NB Crest TIC 9, LLC
c/o Sorensen Entity Services LLC, Registered Agent
1201 N. Orange Street, Suite 7044
Wilmington, DE 19801
NB Crest TIC 10, LLC
16 B Journey, Suite 200
Aliso Viejo, CA 92656
NB Crest TIC 10, LLC
180 Avenida La Pata, 2nd Floor
San Clemente, CA 92673
NB Crest TIC 10, LLC
c/o Sorensen Entity Services LLC, Registered Agent
1201 N. Orange Street, Suite 7044
Wilmington, DE 19801
Nelson Partners LLC
16 B Journey, Suite 200
Aliso Viejo, CA 92656
Nelson Partners LLC
180 Avenida La Pata, 2nd Floor
San Clemente, CA 92673
Nelson Partners LLC
c/o Incorp Services, Inc., Registered Agent
285 W Tabernacle St, Suite 201
Saint George, UT 84770-3794
Patrick S. Nelson
16 B Journey, Suite 200
Aliso Viejo, CA 92656
Patrick S. Nelson
180 Avenida La Pata, 2nd Floor
San Clemente, CA 92673
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