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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