Serving Whitman County since 1877
Serving Whitman County since 1877
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:
Breckenridge Group Pullman WA, LLC
Current beneficiary of the deed of trust:
Greyhawk SSOF Aspen Heights 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:
759447; 759448; 759449; 759450; 762642; 762643; 784491; and 785073
Parcel number(s):
1-2172-00-00-00-0015; 1-2172-00-00-00-0016; 1-2172-00-00-00-0017; 1-2172-00-00-00-0018; 1-2172-00-00-00-0022; 1-2172-00-00-00-0023; 1-2172-00-00-00-0024; and 1-2172-00-00-00-0025
TO: Breckenridge Group Pullman WA, LLC (Borrower and Grantor)
Aspen Heights Holdings LLC (Guarantor)
Aspen Topco II, LLC (Guarantor)
Other Parties in Interest
I.
NOTICE IS HEREBY GIVEN that the undersigned Successor Trustee or its designated representative will, on the 6th day of December, 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, certain real property located in the County of Whitman, State of Washington, and legally described, to-wit, on Exhibit A hereto (the “Real Property”), together with all additional collateral described on Exhibit B attached hereto and incorporated herein by reference (collectively, the “Additional Collateral”); all of which is subject to that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated July 9, 2020 (as amended, restated, or otherwise modified from time to time, the “Deed of Trust”), and recorded on July 9, 2020, in the Official Records of Whitman County, Washington under instrument numbers 759447, 759448, 759449, and 759450, from Breckenridge Group Pullman WA, LLC, a Delaware limited liability company (“Borrower” and “Grantor”), as grantor under said Deed of Trust, to Chicago Title Insurance Company, as trustee, to secure an obligation in favor of Greyhawk SSOF Aspen Heights 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 Axos Bank to Beneficiary pursuant to that certain Assignment of Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated as of June 27, 2024, and recorded on July 1, 2024, in the Official Records of Whitman County, Washington under instrument number 784491. An Appointment of Successor Trustee appointing LPSL Corporate Services, Inc. as Successor Trustee was recorded on August 21, 2024, in the Official Records of Whitman County, Washington under instrument number 785073.
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
$34,250,000.00
Unpaid interest through August 23, 2024
$5,595,153.42
Other costs and expenses
$24,950.00
Attorneys’ fees, costs and other expenses through July 31, 2024
$19,727.55
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 $19,665.85
(b) Estimated attorneys’ fees, costs and expenses from August 1, 2024, through the trustee’s sale
$20,000.00
(c) Service/Posting/Publishing/
Notices of Default, Sale & Foreclosure
$2,500.00
(d) Postage and copying expenses $100.00
(e) Recording fees $700.00
Subtotal: $42,965.85
TOTAL: $39,932,796.82
IV.
The sum owing on the obligation secured by the Deed of Trust and subject to this foreclosure is the unpaid principal balance of $34,250,000.00, together with accrued and unpaid interest from July 9, 2023, as provided in that certain Promissory Note dated as of July 9, 2020 (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 6th day of December, 2024. The sale may be terminated any time before the time of sale on the 6th day of December, 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 following addresses:
Breckenridge Group Pullman WA, LLC
2330 130th Ave NE, Suite 102
Bellevue, WA 98005
Breckenridge Group Pullman WA, LLC
c/o Aspen Heights Partners
1301 S. Capital of TX Hwy, Suite B201
Austin, TX 78746
Attention: Greg Henry; Rich Stasica
Breckenridge Group Pullman WA, LLC
c/o Aspen Heights Holdings LLC
1301 S. Capital of Texas Highway, Suite B-201
Austin, TX 78746
Breckenridge Group Pullman WA, LLC
c/o Corporation Service Company, Registered Agent
251 Little Falls Drive
Wilmington, DE 19808
Aspen Heights Holdings LLC
c/o Aspen Heights Partners
1301 S Capital of TX Hwy, Suite B201
Austin, TX 78746
Aspen Heights Holdings LLC
c/o Aspen Heights Partners
1301 S. Capital of TX Hwy, Suite B201
Austin, TX 78746
Attention: Greg Henry; Rich Stasica
Aspen Heights Holdings LLC
c/o Greg Henry, Registered Agent
1301 S. Capital of Texas Highway #B-201
Austin, TX 78746
Aspen Topco II, LLC
c/o Aspen Heights Partners
1301 S Capital of TX Hwy, Suite B201
Austin, TX 78746
Aspen Topco II, LLC
c/o Aspen Heights Partners
1301 S. Capital of TX Hwy, Suite B201
Austin, TX 78746
Attention: Greg Henry; Rich Stasica
Aspen Topco II, LLC
c/o Corporation Service Company, Registered Agent
251 Little Falls Drive
Wilmington, DE 19808
Winstead PC
2728 N. Harwood Street, Suite 500
Dallas, TX 75201
Attention: Jeff Matthews; John Adolph
Breckenridge Group Pullman WA, LLC
c/o Elliott Bay Asset Solutions, LLC, Court Appointed General Receiver
2330 130th Ave NE, Suite 102
Bellevue, WA 98005-1756
by both first-class and certified mail on July 17, 2024, proof of which is in the possession of the Successor Trustee; and the Borrower and Grantor were personally served with said written notice of default in Washington on July 18, 2024, and in Delaware on July 19, 2024, and the Trustee has possession of proof of such service.
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: August 26, 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
Exhibit “A”
LEGAL DESCRIPTION
The land referred to in this Notice of Trustee’s Sale of Commercial Loan(s) is situated in the State of Washington, County of Whitman, and legally described as follows:
PARCEL A: FEE SIMPLE
LOTS 17, 18, 22, 23, 24 AND 25, LOCUST GROVE INDUSTRIAL PARK SOUTH PLAT, ACCORDING TO PLAT THEREOF, RECORDED UNDER AUDITOR’S FILE NO. 659426, RECORDS OF Whitman County, WASHINGTON.
LOT 15, LOCUST GROVE INDUSTRIAL PARK SOUTH PLAT, ACCORDING TO PLAT THEREOF, RECORDED UNDER AUDITOR’S FILE NO. 659426, RECORDS OF Whitman County, WASHINGTON.
TOGETHER WITH:
A PORTION OF AN UNPLATTED PARCEL OF LAND AS FOUND IN A DEED FILED UNDER Whitman County AUDITOR’S FILE NO. (W.C.A.F.N.) 735776, SITUATE WITHIN THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 29, TOWNSHIP 15 NORTH, RANGE 45 EAST, W.M., Whitman County, STATE OF WASHINGTON, AND IS FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 29;
THENCE SOUTH 02°31’55” EAST 1533.79 FEET, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 29, TO A POINT ON THE SOUTHERLY (NORTHERLY AS PER SCRIVENERS ERROR RECORDED IN WARRANTY DEED RECORDED UNDER AUDITOR’S FILE NO. 753117, RECORDS OF Whitman County, WASHINGTON) RIGHT-OF-WAY (R.O.W.) BOUNDARY OF THE ALBION ROAD, THE NORTHEAST CORNER OF LOT 13 OF THE LOCUST GROVE INDUSTRIAL PARK SOUTH PLAT AS RECORDED UNDER W.C.A.F.N. 659426, THE NORTHWEST CORNER OF SAID PARCEL OF LAND AS FILED UNDER 735776, (SAID POINT LIES NORTH 02°31’55” WEST 1102.03 FEET FROM A Whitman County BRASS CAP AS SET AT THE PURPORTED CENTER OF SAID SECTION 29);
THENCE SOUTH 02°31’55” EAST 173.10 FEET, CONTINUING ALONG SAID NORTH-SOUTH CENTERLINE, TO THE NORTHEAST CORNER OF LOT 14 OF SAID LOCUST GROVE PLAT;
THENCE SOUTH 02°31’55” EAST 254.95 FEET, CONTINUING ALONG SAID NORTH-SOUTH CENTERLINE, TO THE NORTHEAST CORNER OF LOT 15 OF SAID LOCUST GROVE PLAT, AND THE POINT OF BEGINNING;
THENCE SOUTH 02°31’55” EAST 210.00 FEET, CONTINUING ALONG SAID NORTH-SOUTH CENTERLINE, TO THE NORTHEAST CORNER OF LOT 16 OF SAID LOCUST GROVE PLAT;
THENCE NORTH 87°49’51” EAST 10.86 FEET, ALONG THE EASTERLY EXTENSION OF THE NORTHERLY BOUNDARY OF SAID LOT 16, TO A POINT ON THE WESTERLY R.O.W. BOUNDARY OF SR 27;
THENCE NORTH 06°05’08” EAST 212.19 FEET, ALONG SAID WESTERLY R.O.W. BOUNDARY, TO A POINT ON THE EASTERLY EXTENSION OF THE NORTHERLY BOUNDARY OF SAID LOT 15;
THENCE SOUTH 87°49’51” WEST 42.66 FEET, ALONG SAID EASTERLY EXTENSION, TO THE POINT OF BEGINNING;
AND:
A PORTION OF ERRINGLY INCLUDED PLATTED PARCEL OF LAND WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 29, TOWNSHIP 15 NORTH, RANGE 45 EAST, W.M., Whitman County, STATE OF WASHINGTON, AND IS FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 29;
THENCE SOUTH 02°31’55” EAST 1533.79 FEET, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 29, TO A POINT ON THE SOUTHERLY (NORTHERLY AS PER SCRIVENERS ERROR RECORDED IN WARRANTY DEED RECORDED UNDER AUDITOR’S FILE NO. 753117, RECORDS OF Whitman County, WASHINGTON) RIGHT-OF-WAY (R.O.W.) BOUNDARY OF THE ALBION ROAD, THE NORTHEAST CORNER OF LOT 13 OF THE LOCUST GROVE INDUSTRIAL PARK SOUTH PLAT AS RECORDED UNDER Whitman County AUDITOR’S FILE NO. (W.C.A.F.N.) 659426, THE NORTHWEST CORNER OF SAID PARCEL OF LAND AS FILED UNDER 735776, (SAID POINT LIES NORTH 02°31’55” WEST 1102.03 FEET FROM A Whitman County BRASS CAP AS SET AT THE PURPORTED CENTER OF SAID SECTION 29);
THENCE SOUTH 02°31’55” EAST 173.10 FEET, CONTINUING ALONG SAID NORTH-SOUTH CENTERLINE, TO THE NORTHEAST CORNER OF LOT 14 OF SAID LOCUST GROVE PLAT;
THENCE SOUTH 02°31’55” EAST 254.95 FEET, CONTINUING ALONG SAID NORTH-SOUTH CENTERLINE, TO THE NORTHEAST CORNER OF LOT 15 OF SAID LOCUST GROVE PLAT AND THE POINT OF BEGINNING;
THENCE SOUTH 87°49’51” WEST 7.06 FEET, ALONG THE PLATTED NORTHERLY BOUNDARY OF SAID LOT 15, TO A POINT ON THE WESTERLY BOUNDARY OF A PARCEL OF LAND AS RECORDED IN A DEED FILED UNDER W.C.A.F.N. 699422;
THENCE SOUTH 08°59’41” WEST 214.05 FEET, ALONG SAID WESTERLY BOUNDARY, TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID LOT 15;
THENCE NORTH 87°49’51” EAST 49.83 FEET, LEAVING SAID WESTERLY BOUNDARY, RUNNING ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 15, AND RETURNING TO A POINT ON THE NORTH-SOUTH SUBDIVISION LINE OF SAID SECTION 29;
THENCE NORTH 02°31’55” WEST (SOUTH 02°31’55” EAST AS PER SCRIVENERS ERROR RECORDED IN WARRANTY DEED RECORDED UNDER AUDITOR’S FILE NO. 753117, RECORDS OF Whitman County, WASHINGTON) 210.00 FEET, ALONG SAID NORTH-SOUTH SUBDIVISION LINE, TO THE POINT OF BEGINNING.
LOT 16, LOCUST GROVE INDUSTRIAL PARK SOUTH PLAT, ACCORDING TO PLAT THEREOF, RECORDED UNDER AUDITOR’S FILE NO. 659426, RECORDS OF Whitman County, WASHINGTON.
TOGETHER WITH:
A PORTION OF AN UNPLATTED PARCEL OF LAND AS FOUND IN A DEED FILED UNDER Whitman County AUDITOR’S FILE NO. (W.C.A.F.N.) 735776, SITUATE WITHIN THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 29, TOWNSHIP 15 NORTH, RANGE 45 EAST, W.M., Whitman County, STATE OF WASHINGTON, AND IS FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 29;
THENCE SOUTH 02°31’55” EAST 1533.79 FEET, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 29, TO A POINT ON THE SOUTHERLY (NORTHERLY AS PER SCRIVENERS ERROR RECORDED IN WARRANTY DEED RECORDED UNDER AUDITOR’S FILE NO. 753117, RECORDS OF Whitman County, WASHINGTON) RIGHT-OF-WAY (R.O.W.) BOUNDARY OF THE ALBION ROAD, THE NORTHEAST CORNER OF LOT 13 OF THE LOCUST GROVE INDUSTRIAL PARK SOUTH PLAT AS RECORDED UNDER W.C.A.F.N. 659426, THE NORTHWEST CORNER OF SAID PARCEL OF LAND AS FILED UNDER 735776, (SAID POINT LIES NORTH 02°31’55” WEST 1102.03 FEET FROM A Whitman County BRASS CAP AS SET AT THE PURPORTED CENTER OF SAID SECTION 29);
THENCE SOUTH 02°31’55” EAST 173.10 FEET, CONTINUING ALONG SAID NORTH-SOUTH CENTERLINE, TO THE NE CORNER OF LOT 14 OF SAID LOCUST GROVE PLAT;
THENCE SOUTH 02°31’55” EAST 254.95 FEET, CONTINUING ALONG SAID NORTH-SOUTH CENTERLINE, TO THE NORTHEAST CORNER OF LOT 15 OF SAID LOCUST GROVE PLAT;
THENCE SOUTH 02°31’55” EAST 210.00 FEET, CONTINUING ALONG SAID NORTH-SOUTH CENTERLINE, TO THE NORTHEAST CORNER OF LOT 16 OF SAID LOCUST GROVE PLAT, AND THE POINT OF BEGINNING;
THENCE SOUTH 02°31’55” EAST 71.77 FEET, CONTINUING ALONG SAID NORTH-SOUTH SUBDIVISION LINE, TO A POINT ON THE WESTERLY R.O.W. BOUNDARY OF SR 27;
THENCE NORTH 06°05’08” EAST 72.52 FEET, ALONG SAID WESTERLY R.O.W. BOUNDARY, TO A POINT ON THE EASTERLY EXTENSION OF THE NORTHERLY BOUNDARY OF SAID LOT 16;
THENCE SOUTH 87°49’51” WEST 10.86 FEET, ALONG SAID EASTERLY EXTENSION, TO THE POINT OF BEGINNING;
AND:
A PORTION OF A PARCEL OF LAND AS FOUND IN A DEED FILED UNDER Whitman County AUDITOR’S FILE NO. (W.C.A.F.N.) 699422, SITUATE WITHIN THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 29, TOWNSHIP 15 NORTH, RANGE 45 EAST, W.M. Whitman County, STATE OF WASHINGTON, AND IS FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 29;
THENCE SOUTH 02°31’55” EAST 1533.79 FEET, ALONG THE NORTH-SOUTH CENTERLINE OF SAID SECTION 29, TO A POINT ON THE SOUTHERLY (NORTHERLY AS PER SCRIVENERS ERROR RECORDED IN WARRANTY DEED RECORDED UNDER AUDITOR’S FILE NO. 753117, RECORDS OF Whitman County, WASHINGTON) RIGHT-OF-WAY (R.O.W.) BOUNDARY OF THE ALBION ROAD, THE NE CORNER OF LOT 13 OF THE LOCUST GROVE INDUSTRIAL PARK SOUTH PLAT AS RECORDED UNDER W.C.A.F.N. 659426, THE NORTHWEST CORNER OF SAID PARCEL OF LAND AS FILED UNDER 735776, (SAID POINT LIES NORTH 02°31’55” WEST 1102.03 FEET FROM A Whitman County BRASS CAP AS SET AT THE PURPORTED CENTER OF SAID SECTION 29);
THENCE SOUTH 02°31’55” EAST 173.10 FEET, CONTINUING ALONG SAID NORTH-SOUTH CENTERLINE, TO THE NORTHEAST CORNER OF LOT 14 OF SAID LOCUST GROVE PLAT;
THENCE SOUTH 02°31’55” EAST 254.95 FEET, CONTINUING ALONG SAID NORTH-SOUTH CENTERLINE, TO THE NORTHEAST CORNER OF LOT 15 OF SAID LOCUST GROVE PLAT;
THENCE SOUTH 02°31’55” EAST 210.00 FEET, CONTINUING ALONG SAID NORTH-SOUTH CENTERLINE, TO THE NORTHEAST CORNER OF LOT 16 OF SAID LOCUST GROVE PLAT AND THE POINT OF BEGINNING;
THENCE SOUTH 02°31’55” EAST 71.77 FEET, CONTINUING ALONG SAID N-S CENTERLINE, TO A POINT ON THE WESTERLY R.O.W. BOUNDARY OF SR 27;
THENCE SOUTH 06°05’08” WEST 89.94 FEET, ALONG SAID WESTERLY R.O.W. BOUNDARY, TO AN ANGLE POINT IN SAID WESTERLY R.O.W. BOUNDARY;
THENCE SOUTH 83°54’52” EAST 30.00 FEET, ALONG SAID WESTERLY R.O.W. BOUNDARY, TO AN ANGLE POINT IN SAID WESTERLY R.O.W. BOUNDARY;
THENCE SOUTH 06°05’08” WEST 107.97 FEET, ALONG SAID WESTERLY R.O.W. BOUNDARY, RETURNING TO SAID NORTH-SOUTH SUBDIVISION LINE;
THENCE SOUTH 06°05’08” WEST 192.79 FEET, ALONG SAID WESTERLY R.O.W. BOUNDARY, TO A POINT ON THE CALCULATED EAST-WEST SUBDIVISION LINE OF SAID SECTION;
THENCE SOUTH 87°41’22” WEST 115.26 FEET, ALONG SAID EAST-WEST SUBDIVISION LINE, TO THE SOUTHWEST CORNER OF SAID PARCEL DESCRIBED UNDER W.C.A.F.N. 699422;
THENCE NORTH 08°59’41” EAST 471.93 FEET, ALONG THE WESTERLY BOUNDARY OF SAID PARCEL DESCRIBED UNDER W.C.A.F.N. 699422, TO A POINT ON THE NORTHERLY BOUNDARY OF SAID LOT 16;
THENCE NORTH 87°49’51” EAST 49.83 FEET, ALONG SAID LOT BOUNDARY, TO THE POINT OF BEGINNING.
PARCEL B: EASEMENT ESTATE
A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OF PRIVATE ROADS LOCUST GROVE DRIVE, COTTONWOOD DRIVE, BIRCH DRIVE AND ASPEN DRIVE AS DELINEATED ON THE FACE OF THE PLAT RECORDED AS LOCUST GROVE INDUSTRIAL PARK SOUTH PLAT, ACCORDING TO PLAT THEREOF, RECORDED UNDER AUDITOR’S FILE NO. 659426, RECORDS OF Whitman County, WASHINGTON.
PARCEL C: FEE SIMPLE
THAT PORTION OF OWNERSHIP “B” DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID OWNERSHIP “B”, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 14 OF LOCUST GROVE INDUSTRIAL SHORT PLAT, AS RECORDED UNDER Whitman County AUDITOR’S FILE NO. 659426;
THENCE NORTHERLY ALONG THE WEST LINE OF SAID OWNERSHIP “B” AND SAID LOT 14 ALONG A CURVE TO THE LEFT HAVING A RADIUS WHICH BEARS NORTH 88°15’31” WEST A DISTANCE OF 150 FEET, A CENTRAL ANGLE OF 35°47’16”, A CHORD BEARING OF NORTH 16°09’09” WEST, A CHORD LENGTH OF 92.18 FEET AND AN ARC DISTANCE OF 93.69 FEET;
THENCE LEAVING SAID WEST LINE NORTH 87°49’14” EAST, A DISTANCE OF 308.61 FEET TO THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 29;
THENCE SOUTHERLY ALONG SAID EAST LINE SOUTH 02°31’52” EAST, A DISTANCE OF 89.46 FEET TO THE SOUTHERLY LINE OF SAID OWNERSHIP “B” AND SAID LOT 14;
THENCE WESTERLY ALONG SAID SOUTHERLY LINE SOUTH 87°49’14” WEST, A DISTANCE OF 286.90 FEET TO THE POINT OF BEGINNING.
AS RECORDED UNDER BOUNDARY LINE ADJUSTMENT NO. 245, UNDER AUDITOR’S FILE NO. 762036, RECORDS OF Whitman County, WASHINGTON
PARCEL D: EASEMENT ESTATE
NON-EXCLUSIVE EASEMENTS CREATED BY AND SET OUT FULLY IN THAT ACCESS AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT DATED TBD, RECORDED TBD, AUDITOR’S FILE NO. TBD, BY AND AMONG S & D MADER, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, PORT OF Whitman County AND BRECKENRIDGE GROUP PULLMAN WA, LLC, A DELAWARE LIMITED LIABILITY COMPANY
{End of Exhibit A}
Exhibit “B”
ADDITIONAL COLLATERAL
The following described estate, property and rights of Grantor (capitalized terms used but not defined in this Exhibit B shall have the same meanings set forth in the Deed of Trust):
Equipment. All “goods” and “equipment,” as such terms are defined in Article 9 of the Uniform Commercial Code, now owned or hereafter acquired by Grantor, which are used at or in connection with the Improvements or the Land or are located thereon or therein (including, without limitation, all machinery, equipment, furnishings, and electronic data-processing and other office equipment now owned or hereafter acquired by Grantor and any and all additions, substitutions and replacements of any of the foregoing), together
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