1686.1203771 Nguyen, Dung X & Phan, Hang Thuy Reference Number(s) of Documents assigned or released: 200206280050 Document Title: NOTICE OF TRUSTEE'S SALE Grantor: Bishop, White, Marshall & Weibel, P.S. Grantee: Dung X. Nguyen and Hang Thuy Phan, Husband and Wife Abbreviated Legal Description as Follows: Ptn, B 112, 1st School Add Assessor's Property Tax Parcel/ Account Number(s): 747003410-1 and 747003-399-2 WE ARE A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF TRUSTEE'S SALE I NOTICE IS HEREBY GIVEN that the undersigned Bishop, White, Marshall & Weibel, P.S. will on July 20, 2012 at 10:00 am at the 2nd floor entry plaza outside the Pierce County Courthouse, 930 Tacoma Ave South, Tacoma, WA located at Pierce County, State of Washington, sell at public auction to the highest bidder, payable, in the form of cash, or cashier's check or certified checks from federally or State chartered banks, at the time of sale, the following described real property, situated in Pierce County, State of Washington, to-wit; Legal Description Exhibit "A" PARCEL "A"BEGINNING 350 FEET SOUTH OF THE NORTHEAST CORNER OF BLOCK 112 AMENDED MAP OF FIRST SCHOOL LAND ADDITION TO THE CITY OF TACOMA, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 7 OF PLATS, AT PAGE 77; THENCE SOUTH 160.031 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK; THENCE WEST 160.048 FEET; THENCE NORTH160.031 FEET; THENCE EAST 159.404 FEET TO THE PLACE OF BEGINNING, IN TACOMA, PIERCE COUNTY, WASHINGTON. PARCEL B: BEGINNING AT A POINT 180 FEET NORTH OF THE SOUTHWEST CORNER OF BLOCK 112 OF AMENDED MAP OF FIRST SCHOOL LAND ADDITION TO THE CITY OF TACOMA, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 7 OF PLATS, AT PAGE 77, SAID POINT ALSO BEING THE WESTERN TERMINUS OF A CERTAIN BOUNDARY LINE AS ESTABLISHED IN THAT CERTAIN BOUNDARY LINE AGREEMENT DATED AUGUST 28, 1968, BETWEEN ROBERT R. WARREN AND EVELYN WARREN, HUSBAND AND WIFE, AND VERNON E. HAROLDSON AND ADA L. HAROLDSON, HUSBAND AND WIFE, RECORDED NOVEMBER 4, 1968 UNDER RECORDING NO. 2266563; THENCE SOUTH 130 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF SAID BLOCK 112, 100 FEET; THENCE NORTH 130 FEET; THENCE EASTERLY PARALLEL WITH THE SOUTH LINE OF SAID BLOCK 112, 100 FEET; THENCE NORTH 130 FEET TO THE EASTERN TERMINUS OF SAID BOUNDARY LINE AGREEMENT; THENCE WESTERLY ALONG SAID BOUNDARY LINE TO THE PLACE OF BEGINNING, IN TACOMA, PIERCE COUNTY, WASHINGTON. which is subject to that certain Deed of Trust dated June 25, 2002, recorded June 28, 2002, under Auditor's File No. 200206280050 records of Pierce County, Washington, from Dung X. Nguyen and Hang Thuy Phan, Husband and Wife, as Grantor, to Chicago Title Insurance Company, as Trustee, to secure an obligation in favor of First Mutual Bank, a Washington stock bank as beneficiary. Said Deed of Trust was modified on January 24, 2006 under Auditor's File No. 200602140839 on February 14, 2006. Washington Federal Savings is successor by merger to First Mutual Bank. Washington Federal Savings is now known as Washington Federal. The sale will be made without any warranty concerning the title to, or the condition of the property. II No action commenced by the Beneficiary of the Deed of Trust 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 default(s) for which this foreclosure is made is/are as follows: i) Failure to pay the following amounts, now in arrears: Delinquent Monthly Payments Due from 1/10/2012 through 4/10/2012: 4 payment(s) at $12,342.00 Total: ^$49,368.00 Lender's Other Fees ^$109.30 Subtotal ^$49,477.30 Less Suspense Balance ^($8,703.36) TOTAL DEFAULT ^$40,773.94 The sum owing on the obligation secured by the Deed of Trust is: $720,142.76, together with interest from December 10, 2011 as provided in the note or other instrument, and such other costs and fees as are due under the note 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 July 20, 2012. The payments, late charges, or other defaults must be cured by July 9, 2012 (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 July 9, 2012 (11 days before the sale date) the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, or other defaults, is/are cured and the Trustee's fees and costs are paid. Payment must be in cash or with cashier's or certified checks from a State or federally chartered bank. The sale may be terminated any time after July 9, 2012 (11 days before the sale date), and before the sale by the Borrower, Grantor, any Guarantor, 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 Borrower and Grantor at the following address(es): Dung X. Nguyen aka Dung Xuan Nguyen 711 S 38th St Tacoma, WA 98418 Hang Thuy Phan aka Hang T. Phan 711 S 38th St Tacoma, WA 98418 Dung X. Nguyen aka Dung Xuan Nguyen 6242 S Wapato Lake Dr Tacoma, WA 98408 Hang Thuy Phan aka Hang T. Phan 6242 S Wapato Lake Dr Tacoma, WA 98408 Dung X. Nguyen aka Dung Xuan Nguyen 6242 Wapato Lake Dr S Tacoma, WA 98408 Dung X. Nguyen aka Dung Xuan Nguyen 3727 S Park Ave Tacoma, WA 98418 Hang Thuy Phan aka Hang T. Phan 6242 Wapato Lake Dr S Tacoma, WA 98408 Hang Thuy Phan aka Hang T. Phan 3727 S Park Ave Tacoma, WA 98418 by both first class and certified mail on February 24, 2012, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on March 16, 2012, 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 1 above, and the Trustee has possession of proof of such service or posting. VII The Trustee whose name and address are set forth 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 objections to this 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 who are not tenants. After the 20th day following the sale the purchaser has the right to evict occupants who are not tenants by summary proceedings under Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. If the Trustee's Sale is set aside for any reason, the submitted bid will be forthwith returned without interest and the bidder will have no right to purchase the property. Recovery of the bid amount without interest constitutes the limit of the bidder's recourse against the Trustee and/or the Beneficiary. XI NOTICE TO ALL PERSONS AND PARTIES WHO ARE GUARANTORS OF THE OBLIGATIONS SECURED BY THIS DEED OF TRUST: (1)The Guarantor ma
y 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; (2) 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 the trustee's sale; (3) The Guarantor will have no right to redeem the property after the Trustee's sale; (4) Subject to such longer periods as are provided in the Washington Deed of Trust Act, Chapter 61.24 RCW, any action brought 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; and (5) 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 costs. EFFECTIVE DATE: April 16, 2012 BISHOP, WHITE, MARSHALL & WEIBEL, P.S., Successor Trustee By:/s/William L. Bishop, Jr. 720 Olive Way, Suite 1201 Seattle, WA 98101 (206)622-7527 State of Washington)ss. County of King) On this 13 day of April, 2012, before me, the undersigned a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared William L. Bishop, Jr., to me known to be an Officer of Bishop, White, Marshall & Weibel, P.S., the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath states that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Name: Emily L. Doherty NOTARY PUBLIC in and for the State of Washington at King County My Appt. Exp: 2/25/15 June 22, July 13