UNITED STATES DISTRICT COURT
TO: SHILO INN, MOSES LAKE, INC., a Washington corporation; MOSES LAKE, INC., a Washington corporation; and KOHLI INVESTMENT, INC., d/b/a Sunval Express, a Washington corporation
EASTERN DISTRICT OF WASHINGTON
AT SPOKANE
ZB, N.A., dba California Bank & Trust, | Case No. 2:12-CV-00161 LRS
successor by merger to California Bank |
& Trust, a California banking corporation, | NOTICE OF U.S. MARSHAL'S SALE
Plaintiff, |
|
v. |
|
SHILO INN, MOSES LAKE, INC., a |
Washington corporation; MOSES LAKE |
FOOD MART, INC., a Washington |
corporation; and KOHLI INVESTMENT, INC., |
d/b/a Sunval Express, a Washington |
corporation, |
|
Defendants. |
TO: SHILO INN, MOSES LAKE, INC., a Washington corporation; MOSES LAKE, INC., a Washington corporation; and KOHLI INVESTMENT, INC., d/b/a Sunval Express, a Washington corporation
The District Court for the United States of America for the Eastern District of Washington by virtue of an Order Granting Plaintiff's Motion for Amendment of Foreclosure Order, Entry of Writ of Execution, and Amendment of Caption dated May 25, 2016, has directed the undersigned to sell the property described below and to deposit the money from the sale of the Property into the Registry of the Court in the above-entitled action.
The debtors can avoid the sale by paying, in full, the amount of $4,234,371.48, together with interest, costs, and fees (including but not limited to fees and costs incurred by the Court-appointed Receiver), less any payments applied, before the sale date. For the exact amount, contact the Marshal at the address stated below.
The Marshal has been informed that there is not sufficient personal property to satisfy the indebtedness and that if the debtor or debtors do have sufficient personal property to satisfy the indebtedness the debtor or debtors should contact the Marshal's office immediately.
The Property to be sold is as follows:
REAL PROPERTY AND PERSONAL PROPERTY
Real Property and Personal Property described in Exhibit 1, attached hereto, including but not limited to land, hotel building, fuel station, and personal property identified by categories in Exhibit 1
PROPERTY STREET ADDRESS
1819 East Kittleson Road, Moses Lake, WA 98837
SALE OF PROPERTY
The sale of the above described property is to take place as follows:
Sale of Real and Personal Property:
Time: 1:30 PM
Date: Friday, September 9, 2016
Place: Grant County Courthouse
The debtors can avoid the sale by paying, in full, the amount of $4,234,371.48 together with interest, costs, and fees into the registry of the Court before the sale date. For the exact amount, contact the Marshal at the address stated below:
United States Marshal
Eastern District of Washington
Post Office Box 1463
West Riverside Avenue, Suite 200
Spokane, Washington 99210
The property is subject to:
X No Redemption rights on real or personal property
Under the terms of paragraph 8 of the "Order Granting Plaintiff's Motion for Amendment of Foreclosure Order, Entry of Writ of Execution, and Amendment of Caption," dated May 25, 2016, there is no redemption period: "Any purchaser at the sale(s) is entitled to exclusive possession of the Property from and after the date of sale(s) and is entitled to such remedies as are available at law to secure possession."
This Execution is to be issued as a foreclosure on real and personal property.
Dated this 2nd day of August, 2016.
By /s/ Craig E. Thayer
Craig E. Thayer
United States Marshal
Eastern District of Washington
Post Office Box 1463
West Riverside Avenue, Suite 200
Spokane, Washington 99210
cc: Eric D. Lansverk
Hillis Clark Martin & Peterson
999 Third Avenue, Suite 4600
Seattle, WA, 98104
206-623-1745
ND: 20772.10101 4832-3247-4930v2
Exhibit 1 to the Notice of Marshal's Sale
UCC Financing Agreement filed November 1, 2005
Debtor: SHILO INN, MOSES LAKE, INC.
Secured Party: CALIFORNIA BANK & TRUST, as assignee of the FDIC, as receiver for Vineyard Bank, N.A.
Item No. 4:
All inventory, Chattel Paper, Accounts, Equipment, General Intangibles and Fixtures; whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions, relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceedings relating to any of the foregoing (including insurance, general intangibles and other accounting proceeds).
See Exhibit "A" for real property description attached hereto and made a part hereof.
EXHIBIT A
To UCC Financing Statement filed on November 1, 2005
and To Deed of Trust filed on November 1, 2005
REAL PROPERTY
That certain real property located in the County of Grant, State of Washington and described as follows:
Lot 2, Shilo Short Plat, according to the plat thereof recorded in Volume 3 of Short Plats, page 42, records of Grant County, Washington, being a portion of Farm Unit 124, Irrigation Block 41, Columbia Basin Project, and a portion of the Northwest quarter of the Northeast quarter of Section 36, Township 19 North, Range 28 E.W.M., described as follows:
Commencing at the North quarter corner of said Section 36; thence South 89°20'15" East, 702.37 feet along the North line of said Section 36; thence South 00°39'45" West, 30 feet to the True Point of Beginning; thence South 00°39'45" West, 468.82 feet to a point on the Northerly right of way of S.R. 90 Highway; thence Westerly 140.61 feet along a 375 feet radius curve to the left (whose long chord bears South 79°52'18" West, 139.79 feet); thence North 80°52'21" West, 43.75 feet to a point 75 feet perpendicular to the center line of S.R. 17 Highway; thence North 35°52'41" West, 287.31 feet; thence South 89°20'15'' East, 73.17 feet; thence North 00°39'45" East, 182.99 feet; thence North 03°42'02" West, 59.91 feet; thence North 00°39'45" East, 15 feet to a point on the Southerly right of way line of Kittleson Road; thence along said right of way line South 89°20'15" East, 283.04 feet to the True Point of Beginning.
Schedule 1 to UCC-1 Financing Statement filed March 6, 2012
Debtor: SHILO INN, MOSES LAKE, INC.
Secured Party: CALIFORNIA BANK & TRUST, as assignee of the FDIC, as receiver for Vineyard Bank, N.A.
Item No. 4:
Debtor has granted to Secured Party a security interest in the following (collectively, the "Collateral"), some or all which may be located on the real property described on Exhibit "A"
attached hereto and incorporated herein by this reference (the "Real Property"):
All of Debtor's right, title and leasehold interest in and to the Real Property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; 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.
Together with all of Debtor's right, title and interest in and to all present and future leases of the Real Property and the improvements located thereon and all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived therefrom.
Together with the following described property, whether now owned or hereafter acquired, whether now existing or hereafter arising, and wherever located:
(A) All accessions, attachments, accessories, tools, parts, supplies, replacements of and additions to any of the Collateral described herein, whether added now or later.
(B) All products and produce of any of the Collateral.
(C) All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of a sale, lease, consignment or other disposition of any of the Collateral.
(D) All proceeds (including insurance proceeds) from the sale, destruction, loss, or other disposition of any of the Collateral, and sums due from a third party who has damaged or destroyed the Collateral or from that party's insurer, whether due to judgment, settlement or other process.
(E) All records and data relating to any of the Collateral, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with all of Debtor's right, title, and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media.
(F) All Inventory, Chattel Paper, Accounts, Equipment, General Intangibles and Fixtures, as such terms are defined in the Uniform Commercial Code.
#08032/5261253/5261328
Pub: August 5, 12, 19 & 26 ,2016