Re: Nguyen, Truong
AMENDED NOTICE OF
TRUSTEE’S SALE
Pursuant to Chapter 61.24 RCW
Grantor: Truong Nhat Nguyen
Current Beneficiary of Deed of Trust:
J. Dale Howard and Gail A. Howard
Current Trustee of Deed of Trust:
McGavick Graves, P.S.
Current Servicer of Deed of Trust:
N/A
Reference No. of Deed of Trust:
Auditor’s File No. 202108160952, records of Pierce County, Washington
Reference Nos. of Notice of Trustee’s Sale:
Auditor’s File Nos. 202308010377 and 202310020166, records of Pierce County, Washington
Abbreviated Legal Description: PTN THE ANDREW F. BYRD DONATION LAND CLAIM, SEC 34-20-2E, W.M.
Assessor’s Parcel No.:
022034-1142
To:
Truong Nhat Nguyen
11513 7th Ave Ct. E.
Tacoma, WA 98445
Tuan Anh Ngo
Cuc Thi Nguyen
11513 7th Ave. Ct. E.
Tacoma, WA 98445
Truong Nhat Nguyen
Tuan Anh Ngo
Cuc Thi Nguyen
7 N Tacoma Ave.
Tacoma, WA 98403
Truong Nhat Nguyen
Tuan Anh Ngo
Cuc Thi Nguyen
2616 N Proctor St., Unit A
Tacoma, WA 98407
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will on Friday, November 17, 2023, at the hour of 10:00 a.m. at Pierce County Superior Court, 930 Tacoma Avenue S, in the City of Tacoma, 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:
ALL THAT PORTION OF THE ANDREW F. BYRD DONATION LAND CLAIM IN SECTION 34, TOWNSHIP 20 NORTH, RANGE 2 EAST, W. M., IN PIERCE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF WATER STREET WITH THE NORTH LIEN OF FIR STREET IN THE TOWN OF CUSTER, ACCORDING TO THE PLAT THEREOF FILE IN THE OFFICE OF THE AUDITOR OF PIERCE COUNTY, WASHINGTON, ON SEPTEMBER 29, 1889;
THENCE EAST ON THE NORTH LINE OF FIR STREET 76.05 FEET;
THENCE NORTH 135 FEET TO THE TRUE PLACE OF BEGINNING;
THENCE NORTH 65 FEET;
THENCE NORTH 29°59´EAST 57.73 FEET;
THENCE WEST 206.43 FEET;
THENCE SOUTH 11° EAST 50.94 FEET;
THENCE SOUTH 5°30´ WEST 65.29 FEET;
THENCE EAST TO THE TRUE PLACE OF BEGINNING.
SITUATE IN THE COUNTY OF PIERCE, STATE OF WASHINGTON.
Assessor’s Parcel No.:
022034-1142
(commonly known as xxx Edgewater Dr. SW, Lakewood, Washington 98499) which is subject to that certain Deed of Trust dated August 10, 2021, recorded, August 16, 2021 under Auditor’s File No. 202108160952, records of Pierce County, Washington, from Truong Nhat Nguyen, an unmarried person, as Grantor(s), to Fidelity National Title Co of WA, Inc. as Trustee, to secure an obligation in favor of J. Dale Howard and Gail A. Howard, as Beneficiary. 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 Borrowers’ or Grantors’ default on the obligation secured by the Deed of Trust.
III.
The defaults for which this foreclosure is made are as follows: Failure to pay when due the following amounts which are now in arrears:
Principal due at maturity:
$60,000.00
Accrued interest due at maturity (8/10/21 – 2/14/22): $1,545.36
Default interest accrued since maturity (2/15/22 – 7/31/2023) ($19.73/day) $10,476.63
Default other than failure to make payments: Delinquent real property taxes for the year 2023 was not made pursuant to the terms of the Promissory Note secured by the Deed of Trust. The amount in arrears is $1,692.94 including interest and penalties through 7/31/2023. IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal $60,000.00, together with interest as provided in the note or other instrument secured from August 10, 2021, 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 Friday, November 17, 2023. The defaults referred to in paragraph III, together with any subsequent payments, late charges, advances (if any), and costs and fees hereafter due, must be cured by Monday, November 6, 2023 (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 November 6, 2023 (11 days before the sale date) the defaults as set forth in paragraph III are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after November 6, 2023 (11 days before the sale date) and before the sale by the Borrowers or Grantors, any Guarantor, or the holder of any recorded junior lien or encumbrance 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, and curing all other defaults.
This is an attempt to collect a debt and any information obtained will be used for that purpose.
VI.
A written Notice of Default was transmitted by the Beneficiary or the Trustee to the Borrowers or Grantors at the following addresses:
Truong Nhat Nguyen
11513 7th Ave Ct. E.
Tacoma, WA 98445
Tuan Anh Ngo
Cuc Thi Nguyen
11513 7th Ave. Ct. E.
Tacoma, WA 98445
Truong Nhat Nguyen
Tuan Anh Ngo
Cuc Thi Nguyen
7 N Tacoma Ave.
Tacoma, WA 98403
Truong Nhat Nguyen
Tuan Anh Ngo
Cuc Thi Nguyen
2616 N Proctor St., Unit A
Tacoma, WA 98407
by both first class and certified mail on April 14, 2023, proof of which is in the possession of the Trustee; and the Grantor was personally served on April 14, 2023 with said written Notice of Default and/or the 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 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.
If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse.
All inquiries regarding this foreclosure action should be directed to Kristin Larkin at the address/telephone set forth below.
DATED: October 2, 2023
McGAVICK GRAVES, P.S.,
TRUSTEE
By ___________
Brian L. Green, President
MCGAVICK GRAVES, P.S.,
TRUSTEE
1102 BROADWAY, SUITE 500
TACOMA, WA 98402
(253) 627 1181
[INTENTIONALLY BLANK – ACKNOWLEDGEMENT FOLLOWS]
STATE OF WASHINGTON ) ) ss.
County of Pierce )
I certify that I know or have satisfactory evidence that Brian L. Green is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath, stated that he was authorized to execute the instrument and acknowledged it as President of McGavick Graves, P.S. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED: October 2, 2023.
________________
NOTARY PUBLIC for the State of Washington
Print Name: My appointment expires: IDX-985729
October 18, November 8, 2023
