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 12th day of January, 2024, at the hour of 10:00 o’clock a.m., outside of the 2nd floor entry plaza, on the west side of the County-City Building located at 930 Tacoma Avenue South, in the city of Tacoma, 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 Pierce, State of Washington, to wit:

COMMENCING AT A MONUMENT ON THE NORTH LINE OF SECTION 28, TOWNSHIP 21 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, SAID MONUMENT BEING 998.84 FEET SOUTH 89°59’18” EAST OF THE CORNER COMMON TO SECTIONS 20, 21, 28 AND 29, SAID MONUMENT IS ALSO ON THE CENTERLINE OF HORSEHEAD BAY DRIVE N.W. AND SHOWN ON RECORD OF SURVEY RECORDED UNDER RECORDING NUMBER 8909220284; THENCE SOUTH 00°00’42” WEST ALONG THE CENTERLINE OF SAID HORSEHEAD BAY DRIVE N.W., 1169.57 FEET TO A P.I. MONUMENT, SAID MONUMENT BEING 5.05 FEET SOUTH 00°00’42” WEST OF THE NORTH LINE OF GOVERNMENT LOT 4 OF SAID SECTION 28; THENCE SOUTH 89°47’45” EAST ALONG THE MONUMENTED CENTERLINE OF SAID HORSEHEAD BAY DRIVE N.W., 99.85 FEET; THENCE SOUTH 00°36’30” WEST 15.00 FEET TO THE SOUTH LINE OF SAID ROAD; THENCE SOUTH 89°47’45” EAST 385.80 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 02°04’25” WEST 837.85 FEET; THENCE SOUTH 28°30’36” EAST 49.84 FEET; THENCE SOUTH 00°42’50” EAST 250.99 FEET TO THE GOVERNMENT MEANDER LINE; THENCE NORTH 88°46’04” EAST ALONG SAID MEANDER LINE 179.35 FEET; THENCE NORTH 00°36’30” EAST 1127.60 FEET TO THE SOUTH MARGIN OF SAID HORSEHEAD BAY DRIVE N.W.; THENCE ALONG SAID SOUTH MARGIN NORTH 89°47’45” WEST 187.88 FEET TO THE POINT OF BEGINNING; EXCEPT HORSEHEAD BAY DRIVE NORTHWEST; (ALSO KNOWN AS NEW PARCEL C OF BOUNDARY LINE REVISION RECORDED JANUARY 5, 1990 UNDER RECORDING NUMBER 9001050265.) SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON.

Tax Parcel No. 0121282079

Commonly known as 11314 28th Street Court NW, Gig Harbor, WA 98335 (the “Real Property”) which is subject to that certain Deed of Trust dated August 19, 2019, recorded August 20, 2019, under Auditor’s File No. 201908200435, records of Pierce County, State of Washington from Joseph P. McGivney, as his separate estate, as Grantor to Old Republic Title, as Trustee, to secure an obligation (the “Obligation”) in favor of World Business Lenders, LLC, a foreign limited liability company, the original Beneficiary. By that certain Assignment of Deed of Trust dated December 8, 2020, recorded January 20, 2021, under Auditor’s File No. 202101200550, records of Pierce County, State of Washington, the beneficiary is WBL SPO I, LLC. By that certain Assignment of Deed of Trust dated October 28, 2021, recorded November 18, 2021, under Auditor’s File No. 202111180547, records of Pierce County, State of Washington, the current beneficiary is WBL SPO II, LLC. By that certain Appointment of Successor Trustee, dated August 7, 2023, recorded August 21, 2023, under Auditor’s File No. 202308210235, records of Pierce County, State of Washington, 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 October 11, 2023: $409,311.19

Interest (Per diem is $955.43): $1,320,185.90 NSF Fees: $175.00

Collection Fees: $25,750.08

Prepayment Premium: $175,267.31

Posting/Service Fees (est.): $85.00

BPO: Reserved

Postal Costs & Copies (est.): $85.00

Property Preservation: Reserved

Subtotal $1,930,859.48

IV.

The sum owing on the obligation secured by the Deed of Trust is: Principal $409,311.19 together with interest as provided in the note or other instrument secured from the 19th day of August, 2019, 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 12th day of January, 2024. The sale will be discontinued and terminated if at any time on or before the 2nd day of January, 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 2nd day of January, 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:

J.P. McGivney Co.

11314 28th St Court NW, Gig Harbor, WA 98335 –

Joseph P. McGivney

75 Bella Bella Drive

Fox Island, WA 98333 –

Joseph P. McGivney

2002 36th St NW

Gig Harbor, WA 98335 –

Joseph P. McGivney

11314 28th St Court NW, Gig Harbor, WA 98335 J.P. McGivney Co.

PO Box 446

Fox Island, WA 98333 by both first class and certified mail on the 29th day of August, 2023, proof of which is in the possession of the Trustee; and on the 1st day of September 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: October 11, 2023.

FENIX LAW, P.S.

CHAD E. AHRENS, WSBA #36149

Successor Trustee

748 Market St, Ste 317, Tacoma, WA 98402

Tel: (253) 356-7156

IDX987916

12/12/23, 1/2/24