NOTICE OF INTENT TO DECLARE FORFEITURE OF
AND CANCEL CONTRACT
TO:
RONALD E. PETERSON OCCUPANT(S)
1490 N.W. Adams Rd. 1490 N.W. Adams Rd.
Quincy, WA 98848 Quincy, WA 98848
THIS NOTICE SUPERSEDES AND REPLACES THE NOTICE OF INTENT TO DECLARE FORFEITURE OF AND CANCEL CONTRACT RECORDED AUGUST 12, 2005 UNDER GRANT COUNTY AUDITOR'S FILE NO. 1174746, AND RENDERS VOID SAID PREVIOUS NOTICE.
1. STATEMENT OF DEFAULT AND INTENT TO DECLARE FORFEITURE: You are in default under the terms of a Real Estate Contract dated August 5, 1991, between DONALD W. JACOBSON and DEBORAH L. JACOBSON, as Seller, and RON PETERSON, as Purchaser, recorded under Grant County Auditor's No. 931214071, providing for the sale of real property in Grant County, legally described as follows:
See Exhibit "A", attached hereto and incorporated herein as though fully set forth.
Abbrev. Legal: Portion Farm Unit 107, Irrigation Block 76, Sixth Revision, Columbia Basin Project, Grant County, Washington.
Assessor's Tax Parcel ID No(s). 20-1500-001.
The Seller's interest is now held of record per successive assignments by THOMAS R. COLLINS, AS TRUSTEE OF THE ANDERSON HUNTER LAW FIRM, P.S., PROFIT SHARING TRUST; AND WILLIAM HECHT AS TRUSTEE OF THE RADIOLOGY ASSOCIATES RETIREMENT PLANS TRUST by Assignment dated January 27, 1994 and recorded under Grant County Auditor's No. 940203080.
2. FORFEITURE OF CONTRACT: Unless all defaults are cured before March 16, 2006, the contract will be forfeited.
3. DESCRIPTION OF DEFAULT: The defaults under the terms of said Real Estate Contract is/are as follows:
a. 7 monthly payments at $350.00 each, for months June
through August, 2005 $2,450.00
b. Payment by Seller of delingquent real property taxes for $4,300.98
years 2002, 2003, 2004 and 2005, plus interest and
penalties. NOTE: Interest will accrue on this amount
from the date of this Notice at 10% per annum
c. Payment by Seller of liability insurance premium on $213.04
12/15/04
d. Interest on payment of liability insurance premium $20.91
from 12/15/04 to date of this Notice at 10% per annum
TOTAL: $6,984.93
As to the defaults, if any, which do not involve payment of money, you must cure each such default. Listed below are the defaults which do not involve payment of money. Opposite each such listed default is a brief description of the action necessary to cure the default and the decription of the documentation necessary to show that the default has been cured.
None.
4. OTHER CHARGES, COSTS AND FEES:
In addition to the amounts itemized above, you are obligated
to pay the following estimated charges, costs and fees
to cure the default before recording of a Declaration of
Forfeiture:
a. Attorney's fees $650.00
b. Title Report expenses (estimated) $237.16
c. Recording fee $37.00
d. Service/posting of Notices $100.00
e. Postage/copying expenses 15.00
f. Publication $450.00
g. Telephone charges $4.50
h. Inspection fee $0.00
i. Recording Notice of Reinstatement $0.00
j. Other charges $0.00
TOTAL $1,493.66
5. OPPORTUNITY TO CURE DEFAULT AND AVOID
FORFEITURE: You may cure your default for failure to make
payments and reinstate your Real Estate Contract before the recording
of the Declaration of Forfeiture by paying, on or before March 16,
2006, the sum of: $8,478.59
plus the amount of any monthly payments, late charges or other charges which fall due after the date of this Notice of Intent.
Reinstatement monies should be in cash and/or cashier's or certified check and may be tendered (delivered) to:
ANDERSON HUNTER LAW FIRM
2707 Colby Avenue, Suite 1001
P. O. Box 5397
Everett, WA 98206
If your default includes a default other than failure to make payments when due, then in order to reinstate the Real Estate Contract before the Declaration of Forfeiture is recorded, you must also cure such other default(s) by said date.
6. CONSEQUENCES OF FAILURE TO CURE DEFAULT: If you fail to cure the default(s) as set forth above, the Seller will record a Declaration of Forfeiture of the Real Estate Contract. Upon such election being made, the following will result.
a. All right, title and interest in the property of the Purchaser and all persons claiming through the Purchaser or whose interests are otherwise subordinate to the seller's interest in the property shall be terminated;
b. Purchaser's rights under said contract shall be canceled;
c. All sums previously paid under the contract shall belong to and be retained by the Seller or other person to whom paid and entitled thereto.
d. All of purchaser's rights in all improvements made to the property and in and to unharvested crops and timer thereon shall belong to the seller; and purchaser and all other persons occupying the property whose interests are forfeited shall be required to surrender possession of the property, improvements and unharvested crops and timber to seller ten (10) days after the Declaration of Forfeiture is recorded.
7. RECOURSE TO COURTS: Any person to whom this Notice is given may have the right to contest the forfeiture or to seek an extension of time to cure the default if the default does not involved a failure to pay money, or both, by commencing a court action by filing and serving the Summons and Complaint before the Declaration of Forfeiture is recorded.
8. PUBLIC SALE OF PROPERTY: A person to whom this Notice is given may have the right to request a court to order a public sale of the property; such public sale will be ordered only if the court finds that the fair market value of the property substantially exceeds the debt owed under the contract and any other liens having priority over the seller's interest in the property; the excess, if any, of the highest bid at the sale over the debt owed under the contract will be applied to the liens eliminated by the sale and the balance, if any, paid to the contract purchaser; the court will require the person who requests the sale to deposit the anticipated sale costs with the Clerk of the court; that any action to obtain an order for public sale must be commenced by filing and serving the Summons and Complaint before the Declaration of Forfeiture is recorded.
9. FURTHER NOTICE: The seller is not required to give any person any other notice of default before the Declaration which completes the forfeiture is given.
10. SELLER'S NAME AND ADDRESS AND TELEPHONE NUMBER, AND ATTORNEY'S NAME AND ADDRESS AND TELEPHONE NUMBER:
SELLER: MIV, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY, AND SP VENTURE, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY, SUCCESSORS IN INTEREST TO THOMAS R. COLLINS, AS TRUSTEE OF THE ANDERSON HUNTER LAW FIRM, P.S., PROFIT SHARING TRUST; AND WILLIAM HECHT AS TRUSTEE OF THE RADIOLOGY ASSOCIATES RETIREMENT PLANS TRUST
P. O. Box 5397
Everett, WA 98206
ATTORNEY: ANDERSON HUNTER LAW FIRM
2707 Colby Avenue, Suite 1001
P. O. Box 5397
Everett, WA 98206
(425) 252-5161
DATED: December 6, 2005.
ANDERSON HUNTER LAW FIRM
By: /s/ Thomas R. Collins
Thomas R. Collins, WSBA #1951
Attorneys for Seller
Exhibit A
THAT PORTION OF FARM UNIT 107, IRRIGATION BLOCK 76, SIXTH REVISION, COLUMBIA BASIN PROJECT, GRANT COUNTY, WASHINGTON, ACCORDING TO THE PLAT THEREOF FILED SEPTEMBER 17, 1962, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID FARM UNIT 107; THENCE SOUTH 00°02' EAST ALONG THE EAST LINE THEREOF, A DISTANCE OF 185 FEET; THENCE SOUTH 89°59' WEST PARALLEL WITH THE NORTH LINE OF SAID FARM UNIT, A DISTANCE OF 200 FEET; THENCE NORTH 00°02' EAST PARALLEL WITH THE EAST LINE OF SAID FARM UNIT, A DISTANCE OF 185 FEET TO THE NORTH LINE THEREOF; THENCE NORTH 89°59' EAST ALONG SAID NORTH LINE, A DISTANCE OF 200 FEET TO THE POINT OF BEGINNING.
# 012037
Pub.: December 13, 20, 2005