NOTICE OF DEFAULT AND DEED OF TRUST AND
ALASKA UNIFORM COMMERCIAL CODE PERSONAL PROPERTY FORECLOSURE SALES
Fidelity Title Agency of Alaska, LLC, substitute Trustee for Stewart Title of the Kenai Peninsula, Inc., recorded December 16, 2016, as Instrument No. 2016-010991-0, now gives notice of default under the Deed of Trust and a Security Agreement executed by Great Pacific Seafoods, Inc., Trustor, in favor of Alaska USA Federal Credit Union, Beneficiary, recorded on December 6, 2013 at Instrument No. 2013-011467-0, in the Kenai Recording District, Third Judicial District, State of Alaska encumbering the following property:
Real Property Subject to the Deed of Trust
Units 8, 9 and 10, KENAI LANDING COMMERCIAL CONDOMINIUMS, PHASE 2, according to the official maps and floor plans filed as Plat No. 2013-67, and described in the Declaration recorded September 17, 2013 in Serial No. 2013-009115-0, and any amendments thereto, records of the Kenai Recording District, Third Judicial District, State of Alaska.
(the real property and the permanent improvements thereon are collectively referred to as the “Real Property”).
The address of the property is 2101 Bowpicker Lane, Units 8, 9 and 10, Kenai, AK 99611.
Personal Property Subject to the Security Agreement
Alaska USA Federal Credit Union, Secured Party, now gives notice of default pursuant to AS 45.29.601 and the following sections under the Security Agreement executed by Great Pacific Seafoods, Inc. as Debtor and Grantor in favor of Alaska USA Federal Credit Union as Secured Party dated November 22, 2013 encumbering the following personal property, the tangible portion of which Secured Party believes to be located on or within the Real Property described above and which is used in the business operated by Debtor on the Real Property:
All Furniture, Furnishings, Fixtures and Equipment now or hereafter attached, affixed or used in connection with the operation of the Real Property,
all to the extent such items are in existence and located at or in or associated with business operations on the Real Property as of the date of sale (the “Personal Property”).
Secured Party now gives notice and its intent to sell the Personal Property in conjunction with the sale of the Real Property
Trustor/Debtor is in default as payment of the secured note is 8 months or more past due and late charges are also past due in the amount of $1,273.44.
The amount due and owing by Trustor/Debtor to the Beneficiary as of December 16, 2016 is $457,777.10 which includes $410,851.70 in principal, $18,599.78 in interest from March 21, 2016, $1,273.44 in late charges, $99.00 reconveyance/release/termination fees, $10,729.18 advances, $14,002.00 bankruptcy costs, $90.00 recording costs, $1,632.00 for a Trustee’s Sale Guarantee and $500.00 attorney fees. This balance will continue to accrue interest after December 16, 2016 at a rate in accordance with the Promissory Note until the time of sale. Other charges, as allowed under the loan documents, may also accrue until the time of sale.
YOU ARE NOTIFIED that Fidelity Title Agency of Alaska, LLC, Trustee, by demand of beneficiary, hereby elects to sell the real property described above to satisfy the obligations secured thereby at an auction sale to be held on March 21, 2017 in the main lobby of the Anchorage Superior Courthouse at 825 W. 4th Avenue, Anchorage, Alaska. The sale may be held with other sales as Trustee may conduct which shall begin at 10:00 a.m. and continue until complete.
YOU ARE FURTHER NOTIFIED that the Personal Property described above will be sold by Secured Party at a public auction sale in accordance with the Security Agreement at the same time and place and on the same terms as the sale of the Real Property by the Trustee. Bids for the Real Property will be solicited first by the Trustee, bids for the Personal Property only will be solicited second by Secured Party, bids for both the Real Property and the Personal Property will be solicited third by both the Trustee and Secured Party, respectively. All sales are conditional; the bid or combination of bids from a qualified bidder or bidders that generate the most sale proceeds will be accepted by the Trustee and Secured Party, respectively. The Real Property and the Personal Property are sold as is, where is, with all faults. Neither Secured Party nor the Trustee warrant the existence or condition of any of the Real or Personal Property or title, possession, quiet enjoyment and the like that by operation of law accompany a voluntary disposition of the foregoing property upon the sale. Beneficiary/Secured Party reserves the right to bid by offset all or a portion of its debt secured by the Real Property and/or the Personal Property at the sale.
Payment must be made at the time of sale in cash or by cashier's check. Title to the Real Property and improvements will be conveyed by Trustee's Quitclaim Deed and title to the Personal Property will be conveyed by Quitclaim Bill of Sale by Secured Party, both without warranties of title or condition of any nature or kind as set forth above.
YOU ARE FURTHER NOTIFIED that if default has arisen by failure to make payments required under the Promissory Note and/or the deed of trust, the default may be cured and this sale terminated if (1) payment of the sum then in default, other than principal that would not then be due if default had not occurred, and attorneys and other foreclosure fees and costs actually incurred by the beneficiary and trustee due to the default is made at any time before the sale date stated in this notice or to which the sale is postponed, and (2) when notice of default has been recorded two or more times previously under the same deed of trust described and the default has been cured, the trustee does not elect to refuse payment and continue the sale. To determine the current amount required to be paid to cure the default and reinstate the payment terms of the Promissory Note, you may call Sheli Dodson at (907) 786-2145 or send an e-mail to firstname.lastname@example.org.
Inspection of the Real Property and the Personal Property may also be arranged by contacting Sheli Dodson at the telephone number above at least five business days before the sale.
Dated: December 15, 2016 Fidelity Title Agency of Alaska, LLC, Trustee
By: Howard Hancock/Chief Title Officer