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NOTICE OF TRUSTEE'S SALE OF COMMERCIAL LOAN

NOTICE OF TRUSTEE’S SALE OF COMMERCIAL LOAN

Pursuant to the Revised Code of Washington, Chapter 61.24 RCW

I.

NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on

the 7th day of June, 2024, at the hour of 10:00 o’clock a.m., at the

main entrance of Pioneer Title Company, 403 Logan Street, in the

city of Davenport, State of Washington, sell at public auction to the

highest and best bidder, payable, in the form of cash, cashier’s

check or certified checks from federally or State chartered banks,

at the time of sale, the following described real property, situated

in the county of Lincoln, State of Washington, to‑wit:

LOTS 4 AND 5, BLOCK 11, TIMMON’S FIRST ADDITION TO

THE CITY OF Davenport, ACCORDING TO PLAT THEREOF,

RECORDED IN BOOK “A” OF PLATS, PAGE 31, RECORDS OF

LINCOLN COUNTY, WASHINGTON.

(PARCEL NO. 0309-011-003000, 801 MORGAN ST.)

THE SOUTH 25 FEET OF LOTS 4 AND 5; ALL OF LOTS 6, 7 AND

8, ALL IN BLOCK 12 OF TIMMON’S FIRST ADDITION TO THE

CITY OF Davenport, AND TOGETHER WITH THE VACATED

ALLEY ON THE SOUTH SIDE OF LOTS 4 AND 5, ACCORDING

TO PLAT THEREOF, RECORDED IN BOOK “A” OF PLATS, PAGE

31, RECORDS OF LINCOLN COUNTY, WASHINGTON.

(PARCEL NO. 0309-012-003000, 804 MORGAN ST.)

AND

LOTS 9 AND 10, BLOCK 12, TIMMON’S FIRST ADDITION TO

THE TOWN (NOW CITY) OF Davenport, ACCORDING TO

PLAT THEREOF, RECORDED IN BOOK “A” OF PLATS, PAGE

31, RECORDS OF LINCOLN COUNTY, WASHINGTON.

(PARCEL NO. 0309-012-004000, 822 MORGAN ST.)

COMMONLY KNOWN AS:

801 MORGAN ST, Davenport, WA 99122

804 MORGAN ST, Davenport, WA 99122

822 MORGAN ST, Davenport, WA 99122

PARCEL ID:

0309-011-003000

0309-012-003000

0309-012-004000

SITUATE IN THE COUNTY OF Lincoln County, STATE OF

WASHINGTON.

Tax Parcel No. 0309-011-003000; 0309-012-003000; 0309-012-

004000)

Commonly known as 801 Morgan St, Davenport, WA 99122 (0309-

011-003000), 804 Morgan St, Davenport, WA 99122 (0309-012-

003000), 822 Morgan St, Davenport, WA 99122 (0309-012-004000)

(the “Real Property”) which is subject to that certain Deed of Trust

dated May 5, 2022, recorded May 6, 2022, under Auditor’s File No.

2022-0492135, records of Lincoln County, State of Washington from

Hardy Hardware, LLC, as Grantor to Pioneer Title Co., as Trustee,

to secure an obligation (the “Obligation”) in favor of World Business

Lenders, LLC, the original Beneficiary. By that certain Assignment

of Deed of Trust dated October 19, 2022, recorded October 21,

2022, under Auditor’s File No. 2022-0493852, records of Lincoln

County, State of Washington, the current beneficiary is WBL SPO

I, LLC. By that certain Appointment of Successor Trustee dated

October 5, 2023, recorded October 10, 2023, under Auditor’s File

No. 2023-0496260, the Beneficiary has appointed Fenix Law, P.S.

as successor trustee.

II.

No action commenced by the Beneficiary of the Deed of Trust or

the Beneficiary’s successor is now pending to seek satisfaction of

the Obligation in any Court by reason of the Grantor’s default on

the obligation secured by the Deed of Trust.

III.

The Beneficiary alleges default of the Deed of Trust for failure to

pay the following amounts now in arrears or for which performance

is now past due:

Principal due in full on March 6, 2024: $591,500.00

Interest (Per diem is $550.99): $318,340.45

NSF Fees: $175.00

Collection Fees: $8,314.64

($2,946.18 to The Mortgage Law Firm + $5,368.46 to Fenix =

$8,314.64)

Prepayment Premium: $392,042.89

BPO: Reserved

Subtotal $1,310,372.98

IV.

The sum owing on the obligation secured by the Deed of Trust is:

Principal $591,500.00 together with interest as provided in the note

or other instrument secured from the 6th day of May, 2022, and such

other costs and fees as are due under the note or other instrument

secured, and as they are provided by statute.

V.

The above‑described real property will be sold to satisfy the expense

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 7th

day of June, 2024.

The sale will be discontinued and terminated if at any time on or

before the 27th day of May, 2024 (11 days before the sale), the

default as set forth in paragraph III is cured and the Trustee’s fees

and costs are paid. The sale may be terminated any time after the

27th day of May, 2024 (11 days before the sale date), and before

the sale by the Grantor or the Grantor’s successor in interest or the

holder of any recorded junior lien or encumbrance paying the entire

principal and interest secured by the Deed of Trust, plus costs, fees,

and advances, if any, made pursuant to the terms of the obligation

and/or Deed of Trust, and curing all other defaults.

VI.

A written notice of default was transmitted by the Beneficiary or

Trustee to the Grantor or the Grantor’s successor in interest at the

following addresses:

Hardy Hardware, LLC Hardy Hardware, LLC

801 Morgan St 804 Morgan St

Davenport, WA 99122 Davenport, WA 99122

Hardy Hardware, LLC Hardy Hardware, LLC

822 Morgan St PO Box 1015

Davenport, WA 99122 Davenport, WA 99122

Do It Best Corp.

c/o Michael Ross, Attorney

Ross Law Advisors PLLC

7010 93rd Ave SE

Mercer Island, WA 98040-5440

Washington State Department of Revenue

Treasury Management

PO Box 47464

Olympia, WA 98504-7464

Tytech Security Solutions, Inc.

PO Box 42

Harrington, WA 99122

Beacon Sales Acquisitions, Inc.

c/o Benjamin E. Kelly, Attorney

Law Office of Benjamin E. Kelly PS

9218 Roosevelt Way NE

Seattle, WA 98115-2842

by both first class and certified mail on the 2nd day of November,

2023, proof of which is in the possession of the Trustee; and on the

3rd day of November, 2023, the Grantor or the Grantor’s successor

in interest was personally served with said written notice of default

and/or written notice of default was posted in a conspicuous place

on the real property described in paragraph I above, and the Trustee

has possession of proof of such service or posting.

VII.

The 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.

Notice to Occupants or Tenants:

The foreclosure process has begun on this property, which may

affect your right to continue to live in this property. Ninety days

or more after the date of this notice, this property may be sold at

foreclosure. If you are renting this property, the new property owner

may either give you a new rental agreement or provide you with a

sixty-day. Notice to vacate the property. You may wish to contact

a lawyer or your local legal aid or housing counseling agency to

discuss any rights that you may have.

XI.

Notice to Guarantors:

The 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. In any action for a deficiency,

the 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 cost.

The Guarantor has the same rights to reinstate the debt, cure the

default, or repay the debt as is given to the Grantor in order to avoid

he Trustee’s Sale. The Guarantor will have no right to redeem the

Property after the trustee’s sale. Any action 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 (subject to such longer periods as are provided in

RCW 61.24).

DATED this 8th day of March, 2024.

FENIX LAW, P.S.

CHAD E. AHRENS, WSBA #36149

Successor Trustee

748 Market Street, Suite 312

Tacoma, WA 98402

Tel: (253)356-7156

Published May 9 and 30, 2024

 

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