Re: NGUYEN, TON TS No WA08000606-14-1 APN 447500-0700 TO No 8433334 NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ. I. NOTICE IS HEREBY GIVEN that on 11/7/ 2014, 10:00 AM, at the 2nd floor entry plaza of the Superior Courthouse, 930 Tacoma Avenue South,Tacoma, WA 98402, MTC FINANCIAL INC. dba TRUSTEE CORPS, the undersigned Trustee will sell at public auction to the highest and best bidder, payable, in the form of cash, or cashiers' 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: THE SOUTH 15 FEET OF LOT 7, ALL OF LOTS 8 AND 9, AND THE NORTH 10 FEET OF LOT 10, BLOCK 48, THE HIGHLAND PARK ADDITION TO TACOMA, ACCORDING TO PLAT RECORDED IN BOOK 2 OF PLATS, PAGE 88 AND 89, RECORDS OF PIERCE COUNTY AUDITOR. SITUATE IN THE CITY OF TACOMA, COUNTY OF PIERCE, STATE OF WASHINGTON. APN: 4475000700 More commonly known as 1345 SOUTH PEARL STREET , TACOMA, WA 98465 which is subject to that certain Deed of Trust dated as of May 10, 2005, executed by TON NGUYEN, A SINGLE MAN as Trustor(s), to secure obligations in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), as designated nominee for AMERICA'S WHOLESALE LENDER, Beneficiary of the security instrument, its successors and assigns, recorded May 13, 2005 as Instrument No. 200505131023 and re-recorded May 24. 2005 as Instrument No. 200505240581 and the beneficial interest was assigned to The Bank of New York Mellon Trust Co., N.A. as Trustee on behalf of CWABS, Inc. Asset-Backed Certificates, Series 2005-7 and recorded June 22, 2011 as Instrument Number 201106220346 of official records in the Office of the Recorder of Pierce County, Washington. II. No action commenced by The Bank of New York Mellon Trust Co., N.A. as Trustee on behalf of CWABS, Inc. Asset-Backed Certificates, Series 2005-7, the current Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrowers' or Grantor's default on the obligation secured by the Deed of Trust/Mortgage. Current Beneficiary: The Bank of New York Mellon Trust Co., N.A. as Trustee on behalf of CWABS, Inc. Asset-Backed Certificates, Series 2005-7 Contact Phone No: 800-643-0202 Address: 7360 S. KYRENE ROAD, MAIL STOP T111, TEMPE, AZ 85283 III. The default(s) for which this foreclosure is made is/ are as follows: FAILURE TO PAY WHEN DUE THE FOLLOWING AMOUNTS WHICH ARE NOW IN ARREARS: DELINQUENT PAYMENT INFORMATION From January 1, 2010 To June 30, 2014 Number of Payments 54 Monthly Payment $1,294.34 Total $69,894.36 LATE CHARGE INFORMATION From January 1, 2010 To June 30, 2014 Number of Payments 53 Monthly Payment $64.25 Total $3,405.25 PROMISSORY NOTE INFORMATION Note Dated: May 10, 2005 Note Amount: $200,000.00 Interest Paid To: December 1, 2009 Next Due Date: January 1, 2010 IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $182,478.59, together with interest as provided in the Note or other instrument secured, 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. Said sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on November 7, 2014. The defaults referred to in Paragraph III must be cured by October 27, 2014, (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before October 27, 2014 (11 days before the sale) the default as set forth in Paragraph III is 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 the October 27, 2014 (11 days before the sale date) and before the sale, by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance by paying the principal and interest, plus costs, fees and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust. VI. A written Notice of Default was transmitted by the current Beneficiary, The Bank of New York Mellon Trust Co., N.A. as Trustee on behalf of CWABS, Inc. Asset-Backed Certificates, Series 2005-7 or Trustee to the Borrower and Grantor at the following address(es): ADDRESS TON NGUYEN 1345 SOUTH PEARL STREET, TACOMA, WA 98465 TON NGUYEN 101 NE 147TH ST, SHORELINE, WA 98155 TON NGUYEN 5819 55th Ave NE #A, Seattle, WA 98105 TON NGUYEN 5819 55TH AVE NE UNIT A, SEATILE, WA 98105-2170 TON NGUYEN 5819A 55TH AVE NE, SEATILE, WA 98105 by both first class and certified mail on May 16, 2014, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, 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 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. If the Borrower received a letter under RCW 61.24.031: THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 DAYS from the recording date of this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help. SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission Telephone: (877) 894-4663 or (800) 606-4819 Website: www.wshfc.org The United States Department of Housing and Urban Development: Telephone: (800) 5694287 Website: www.hud.gov The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys Telephone: (800) 606-4819 Website: www.homeownership.wa.gov 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 the Unlawful Detainer Act, Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060; NOTICE TO GUARANTOR(S) RCW 61.24.042 (1) The Guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the Trustees' 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 re
deem 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 Trustees' 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 costs. The failure of the Beneficiary to provide any Guarantor the notice referred to in this section does not invalidate either the notices given to the Borrower or the Grantor, or the Trustee's Sale. DATED: 6/30/2014 MTC Financial Inc. dba Trustee Corps, as Duly Appointed Successor Trustee By: Winston Khan, Authorized Signatory MTC Financial Inc. dba Trustee Corps 1700 Seventh Avenue, Suite 2100 Seattle WA 98101 Phone: (800) 409-7530 For Reinstatement/Pay Off Quotes, contact MTC Financial Inc. DBA Trustee Corps TRUSTEE'S SALE INFORMATION CAN BE OBTAINED ONLINE AT www.priorityposting.com P1101918 10/6, 10/27/2014