re: #1/McGivney, Joseph P. Grantor: Davies Pearson, P.C. (Successor Trustee) Grantee: Joseph P. McGivney Beneficiary: First-Citizens Bank & Trust Company, successor in interest to Venture Bank Legal Description (abbreviated): PTN LOT 2, PIERCE COUNTY REC NO. 9701290542 Tax Parcel ID: 022121-7017Reference Nos. of Document: 9508240615 AMENDED NOTICE OF TRUSTEE'S SALE Pursuant to the Revised Code of Washington Chapter 61.24, et. seq. I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 20TH day of September, 2013, at the hour of 10:30 a.m. at the County-City Building, 930 Tacoma Ave. S., outside the 2nd floor entrance, City of Tacoma, County of Pierce, State of Washington, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property, situated in the County of Pierce, State of Washington, to-wit: EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT 8, ABANDONED MILITARY RESERVE US NO. 23 IN SECTION 21, TOWNSHIP 21 NORTH, RANGE 2 EAST OF THE W.M. LYING SOUTHEASTERLY OF OTTO JAHN COUNTY ROAD AND SOUTHWESTERLY OF THE SOUTHWESTERLY LINE OF STATE ROUTE 16 AS CONVEYED AS TO THE STATE OF WASHINGTON BY DEED RECORDED JULY 9, 1972 UNDER AUDITOR'S FEE NO. 2449358. ALSO LOT 15 OF ABANDONED MILITARY RESERVE US NO. 23 IN SECTION 21, TOWNSHIP 21 NORTH, RANGE 2 EAST OF THE W.M. EXCEPT OTTO JAHN COUNTY ROAD ON THE NORTH AND WEST ALSO EXCEPT 22ND AVENUE NW ALSO EXCEPT THAT PORTION OF SAID LOT 15, LYING NORTHEASTERLY TO THE SOUTHWESTERLY LINE OF STATE ROUTE 16 AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED JULY 9, 1972 UNDER AUDITOR'S FEE NO. 2449358. ALSO EXCEPT 36TH ST N.W. ALSO EXCEPT THAT PORTION CONVEYED TO PIERCE COUNTY, BY DEED, RECORDED UNDER AUDITOR'S FILE NO. 8603170420 FOR ADDITIONAL RIGHT-OF-WAY FOR 22ND AVE N.W. ALSO EXCEPT THAT PORTION KNOWN AS: LOT 1 OF PIERCE COUNTY SHORT PLAT RECORDED UNDER PIERCE COUNTY RECORDING NO. 9701290542, RECORDS OF PIERCE COUNTY, WASHINGTON SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON. NOW KNOWN AS: LOT 2 OF PIERCE COUNTY SHORT PLAT RECORDED UNDER PIERCE COUNTY RECORDING NO. 9701290542, RECORDS OF PIERCE COUNTY WASHINGTON; EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED AUGUST 7, 2001 UNDER RECORDING NO. 200108070976. SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON. Pierce County Assessor Number 0221217017 (f/k/a 02-21-21-3-048), the postal address of which is more commonly known as 2002 36th ST. NW, Gig Harbor, WA 98335, which is subject to that certain Deed of Trust dated August 15, 1995, recorded August 24, 1995, under Auditor's File No. 9508240615, records of Pierce County, Washington, from Joseph P. McGivney as Grantor, to Designated Trustee Service, Inc., as Trustee, to secure an obligation in favor of Northwest Community Bank. The Federal Deposit Insurance Corporation has the beneficial interest in the Deed of Trust to First-Citizens Bank & Trust Company. 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 defaults for which this foreclosure is made are as follows: 1. Delinquent payments from January 2011 through June 2013: ^$156,000.00 2. Late Charges through June 2013: ^$7,800.00 3. Attorney and Trustee Fees: ^$8,079.60 SUBTOTAL: $171,876.90 Failure to pay when due the following amounts which are now in arrears: 1. Failure to pay the following: a. 2013 Delinquent Property Taxes: ^$16,685.56 b. 2012 Delinquent Property Taxes: ^$41,915.85 c. 2011 Delinquent Property Taxes: ^$45,486.43 d. 2010 Delinquent Property Taxes: ^$47,881.61 e. 2009 Delinquent Property Taxes: ^$48,341.51 SUBTOTAL: $200,310.96 IV. The sum owing on the obligation secured by the Deed of Trust is: Principal in the amount of $362,800.59, together with interest as provided in the note or other instrument secured from the 15th day of August, 1995, and such other costs and fees as are due under the notes or other instrument secured, and as 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 20th day of September, 2013. The default referred to in Paragraph III must be cured by the 9th day of September, 2013 (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before the 9th day of September, 2013 (11 days before the sale date), 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 9th day of September, 2013 (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: Joseph P. McGivney 2002 36th Street NW Gig Harbor, WA 98335 Spouse or Registered Domestic Partner of Joseph P. McGivney 2002 36th Street NW Gig Harbor, WA 98335 Joseph P. McGivney P.O. Box 446 Fox Island, WA 98333 Spouse or Registered Domestic Partner of Joseph P. McGivney P.O. Box 446 Fox Island, WA 98333 Joseph P. McGivney 75 Bella Bella Drive Fox Island, WA 98333 Spouse or Registered Domestic Partner of 75 Bella Bella Drive Fox Island, WA 98333 WITH A COPY TO: J. Todd Tracy Crocker Law Group PLLC 720 Olive Way, Suite 1000 Seattle, WA 98101 by both first class and either registered or certified mail on the 19th day of April, 2013, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on the 20th day of April, 2013, with said written notice of default or the 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 Grantors and all those who hold by, through or under the Grantors of all their interest in the above-described property. IX. Anyone having any objections 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 purchaser at the trustee's sale is entitled to possession of the property on the 20th day following the sale, as against the grantor under the deed of trust (the owner) and anyone having an interest junior to the deed of trust, including occupants AND NON-RESIDENTIAL tenants by summary proceedings under chapter 59.12 RCW. For RESIDENTIAL tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. RESIDENTIAL TENANT-OCCUPIED PROPERTY MEANS PROPERTY COMPRISED SOLELY OF A SINGLE-FAMILY RESIDENCE, OR A CONDOMINIUM, COOPERATIVE, OR OTHER DWELLING UNIT IN A MULTIPLEX OR OTHER BUILDING CONTAINING FEWER THAN FIVE RESIDENTIAL UNITS. DATED this 19 day of June, 2013. TRUSTEE: DAVIES PEARSON, P.C. /s/BRIAN M. KING, WSBA#29197 920 Fawcett Avenue P.O. Box 1657 Tacoma, WA 98402 Telephone: 253/620-1500 August 20, September 10