130932 Notice of Intent to Forfeit NOTICE OF INTENT TO FORFEIT REFERENCE NUMBERS: 3598346 GRANTOR/SELLER: EDITH M. WILSON, an unmarried person. GRANTEE/BUYER: GERHARD WILHELM MIESBAUER, an unmarried person LEGAL DESCRIPTION: PTN of the S. Buchanan Donation Land Claim and Government Lots 1 and 2 in S36, T13N, R4W, W.M., Lewis County, WA Complete legal description listed on Pages 2-3 of this document. ASSESSOR'S TAX PARCEL NUMBER(S): 019666-552-003 PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.30.070 TO: Gerhard Wilhelm Miesbauer 32 Einsteinstr Langenau, 89129 Germany You are hereby notified that the Real Estate Contract described below is in default and you are provided the following information with respect thereto: (a) The name, address, and telephone number of the seller and, if any, the seller's agent or attorney giving the notice: Seller's Name: Edith "Pat" Wilson Address: 3120 King Road Chehalis, WA 98532 Telephone Number: (360) 245-3795 Agent's or Attorney's Name: Kevin T. Nelson Scheibmeir, Kelly & Nelson, P.S. Address: 299 N. W. Center Street P. O. Box 939 Chehalis, WA 98532 Telephone Number: (360) 748-3386 (b) Description of the contract: Real Estate Contract dated September 14, 2023, executed by Edith Wilson, an unmarried person, as seller, and Gerhard Wilhelm Miesbauer, an unmarried person, as buyer, which Contract or a memorandum thereof was recorded under Auditor's File No. 3598346 on September 15, 2023, records of Lewis County, Washington; seller's interest is still held of record by Edith Wilson, an unmarried person; buyers' interest is still in the name of Gerhard Wilhelm Miesbauer, an unmarried person, or his estate, as the case may be. (c) Legal description of the property: See Exhibit A. (d) Description of each default under the contract on which the notice is based: 1. Failure to pay the following past due items: Failure to pay the contract payments due. (e) Failure to cure all of the defaults listed in (d) above, on or before August 21, 2024, will result in the forfeiture of the contract. (f) The forfeiture of the contract will result in the following: (i) All right, title, and interest in the property of the purchaser and, to the extent elected by the seller, of all persons claiming through the purchaser or whose interests are otherwise subordinate to the seller's interest in the be terminated; (ii) the purchaser's rights under the contract shall be canceled; (iii) 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; (iv) all of the purchaser's rights in all improvements made to the property and in unharvested crops and timber thereon shall belong to the seller; and (v) the 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 the seller ten days after the declaration of forfeiture is recorded. (g)The following is a statement of payments of money in default (or, where indicated, an estimate thereof) and for any defaults not involving the failure to pay money the action(s) required to cure the default: 1. Monetary Delinquencies: Item Monthly Payments for February -August, 2024: Amount $1,329.97 (each month) TOTAL: $9,309.79 2. Action(s) required to cure any non-monetary default: N/A (h) The following is a statement of all other payments, charges, fees, and costs, if any, or, where indicated, an estimate thereof, to cure the default: Item Amount 1. Cost of Contract Forfeiture Report $0.00\ The items marked as $0.00 do not indicate a true zero cost, but rather indicate that Seller is not attempting to collect these costs in order to bring the contract out of default. The total amount necessary to cure the default is the sum of the amounts in (g) and (h), which is $11,774.79, plus the amount of any payments and late charges which fall due after the date of this Notice of Intent to Forfeit and on or prior to the date the default is cured. Moneys required to cure the default may be tendered to Scheibmeir, Kelly & Nelson, PS at the following address: 299 N. W. Center Street P. O. Box 939 Chehalis, Washington 98532 (i) The 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 involve 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. (j) The person(s) 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 entire debt owed under the Contract will be applied to the liens eliminated by the sale and the balance, if any, will be paid to the purchaser under the Contract. Upon any request for a public sale, the court will require the person who requests the sale to deposit the anticipated sale costs with the clerk of the court. Any action to obtain an order for public sale must be commenced by filing and serving a summons and complaint before the declaration of forfeiture is recorded. (k) The seller is not required to give any person any other notice of default before the declaration which completes the forfeiture is given, except as provided in the Contract or other agreement as follows: Not applicable. (1) Additional Information: Not applicable. EARLIER NOTICE SUPERSEDED: This Notice of Intent to Forfeit supersedes any Notice of Intent to Forfeit which was previously given under this Contract and which deals with the same defaults. DATED this 2nd day of August, 2024. SCHEIBMEIR, KELLY & NELSON, P.S By /s/ Kevin T. Nelson Kevin T. Nelson Attorneys for Seller STATE OF WASHINGTON) :SS COUNTY OF LEWIS ) I certify that I know or have satisfactory evidence that KEVIN T. NELSON is the person who appeared before me, and said person acknowledged that he signed this Declaration of Forfeiture, on oath stated that he was authorized to execute the Declaration and acknowledged it as the Attorney for EDITH WILSON to be the free and voluntary act of such party for the uses and purposes mentioned in the Declaration. DATED this 2nd day of August, 2024. /s/ Brian J. Kelly Notary Public in and for the state of Washington residing at Chehalis My name is (printed): Brian J. Kelly My appointment expires 4/15/26 EXHIBIT "A" LOT 3 OF SEGREGATION SURVEY, RECORDED NOVEMBER 5, 2007, UNDER AUDITOR'S FILE NO. 3293634, IN VOLUME 26 OF SURVEYS, PAGE 13, BEING LOCATED WITHIN S. BUCHANAN DONATION LAND CLAIM AND IN GOVERNMENT LOTS 1 AND 2 OF SECTION 36, TOWNSHIP 13 NORTH, RANGE 4 WEST, W.M. EXCEPT BOISTFORT ROAD AND HUBBARD ROAD. TOGETHER WITH A 40 FOOT EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS DELINEATED ON SAID SURVEY RECORDED UNDER AUDITOR'S FILE NO.3293634 LEWIS COUNTY, WASHINGTON Published: The Chronicle August 10 & 17, 2024