■ CITY OF FERNDALE
LEGAL
NOTICE OF PUBLIC HEARING
The City of Ferndale City Council will hold a public hearing to consider the proposed zoning text amendment described below. Pursuant to Section 14.15.050 of the Ferndale Municipal Code the following notice is provided to inform the community of the pending hearing.
The City Council meeting will be held beginning at 6:00 p.m. on Monday, July 6, 2015 in the Council Chambers at the Ferndale City Hall Annex located at 5694 Second Avenue in Ferndale. Any interested party is invited to attend the public hearing and offer testimony, or submit comments in writing to the City Council. Written comments should be submitted by 5:00 p.m. on the date preceding the meeting. For information concerning this notice please contact the Community Development Department located at 2095 Main Street in Ferndale, (360) 685-2367.
DATE OF NOTICE:
June 24, 2015
APPLICATION REFERENCE NUMBER: 14004.ZTA
PROJECT LOCATION: Citywide, including the Mixed Use Commercial and Gateway zones.
PROJECT DESCRIPTION: The City proposes the adoption of a new chapter to the Ferndale Municipal Code to be titled Non-Retail Development Standards, codified as Ferndale Municipal Code 18.59. Amendments to FMC 18.45 and 18.50 (the zones listed above) are also proposed.
The new chapter would establish flexible design guidelines for non-retail development with certain zones, generally those zones that allow or encourage a mix of land uses. As proposed, applicants will be required to demonstrate to the City that design elements have been used in the architectural and site design, complying with one of four model approaches, or an alternative design approach of the applicant’s choosing. An emphasis has been placed on facades facing rights-of-way.
REQUESTED ACTION(S):
The City of Ferndale requests approval of an amendment to the Ferndale Municipal Code.
PUBLIC COMMENT PERIOD: June 24- July 6, 2015
CONTACT: Jori Burnett, Community Development Director
City of Ferndale
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
Published by Ferndale Record
June 24, 2015.
■ PUBLIC NOTICE
LEGAL
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM
COURT CAUSE NO. 14-2-00055-0
WRIT FOR ORDER OF SALE
ON REAL PROPERTY
ONEWEST BANK, FSB, its successors in interest and/or assigns,
Plaintiff(s),
vs.
UNKNOWN HEIRS OF DONNA E. AVTONOMOFF; ESTATE OF DONNA E. AVTONOMOFF; BRADLEY AVTONOMOFF; JED AVTONOMOFF; UNITED STATES OF AMERICA; STATE OF WASHINGTON; OCCUPANTS OF THE PREMISES,
Defendant(s).
TO: UNKNOWN HEIRS OF DONNA E. AVTONOMOFF; ESTATE OF DONNA E. AVTONOMOFF; BRADLEY AVTONOMOFF; JED AVTONOMOFF; UNITED STATES OF AMERICA; STATE OF WASHINGTON; OCCUPANTS OF THE PREMISES, Judgment Debtor(s),
FROM: THE WHATCOM COUNTY SUPERIOR COURT CLERK’S OFFICE
TO: THE SHERIFF OF WHATCOM COUNTY, WASHINGTON
On February 23, 2015, an in rem Judgment and Decree of Foreclosure (“Judgment”) was entered in favor of OneWest Bank N.A. (formerly known as Onewest Bank, FSB) (“Plaintiff”) against the defendants Unknown Heirs of Donna E. Avtonomoff; Estate of Donna E. Avtonomoff; Bradley Avtonomoff; Jed Avtonomoff; United States of America; State of Washington; Occupants of the Premises; and any persons or parties claiming to have any right, title, estate, lien or interest in the real property described in the complaint (“Defendant”). The Judgment forecloses the interests of all the Defendants in and to the following described property (“Property”) commonly known as 5660 Nakat Way, Blaine, WA 98230 for the total sum of $341,367.45 with interest thereon at the rate of 12% per annum beginning on until satisfied. The Property situated in WHATCOM County, State of Washington, is legally described as:
LOT 21, BIRCH BAY VILLAGE DIV 10A, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 57, RECORDS OF WHATCOM COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF WHATCOM, STATE OF WASHINGTON.
THEREFORE, pursuant to RCW 61.12.060, and in the name of the State of Washington, you are hereby commanded to sell the Property, or so much thereof as may be necessary, in order to satisfy the Judgment, including post-judgment interests and costs.
MAKE RETURN HEREOF within sixty days of the date indicated below, showing you have executed the same.
Pursuant to RCW 6.21.050(2), the Sheriff may adjourn the foreclosure sale from time to time, not exceeding thirty days beyond the last date at which this Writ is made returnable, with the consent of the plaintiff endorsed upon this Writ or by a contemporaneous writing.
WITNESS, the Honorable David M. Thorn, Commissioner of the Whatcom County Superior Court and the seal of said Court, affixed thereof this 13th day of May, 2015.
THE SALE DATE has been set for Friday, July 24, 2015, 9:30 AM, at the Whatcom County Courthouse, Bellingham, Washington. YOU MAY HAVE A RIGHT TO EXEMPT PROPERTY from the sale under statutes of this state, including sections 6.13.010, 6.13.030, 6.13.040, 6.15.010, and 6.15.060 of the Revised Code of Washington, in the manner described in those statutes. BILL J. ELFO, Sheriff Whatcom County By: Shauna Baldetta, Civil Assistant
Published by Ferndale Record June 10, 17, 24 and July 1, 8 and 15, 2015.
LEGAL
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM
SHERIFF’S PUBLIC NOTICE OF SALE OF REAL PROPERTY
CAUSE NO. 14-2-00055-0
ONEWEST BANK, FSB, its successors in interest and/or assigns,
Plaintiff(s),
vs
UNKNOWN HEIRS OF DONNA E. AVTONOMOFF; ESTATE OF DONNA E. AVTONOMOFF; BRADLEY AVTONOMOFF; JED AVTONOMOFF; UNITED STATES OF AMERICA; STATE OF WASHINGTON; OCCUPANTS OF THE PREMISES,
Defendant(s).
TO: UNKNOWN HEIRS OF DONNA E. AVTONOMOFF; ESTATE OF DONNA E. AVTONOMOFF; BRADLEY AVTONOMOFF; JED AVTONOMOFF; UNITED STATES OF AMERICA; STATE OF WASHINGTON; OCCUPANTS OF THE PREMISES, Judgment Debtor(s)
The Superior Court of Whatcom County has directed the undersigned Sheriff of Whatcom County to sell the property described below to satisfy a judgment in the above-entitled action:
COMMON STREET ADDRESS: 5660 Nakat Way, Blaine, WA
FULL LEGAL DESCRIPTION:
LOT 21, BIRCH BAY VILLAGE DIV 10A, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 57, RECORDS OF WHATCOM COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF WHATCOM, STATE OF WASHINGTON.
SITUATE IN WHATCOM COUNTY, WASHINGTON.
TAX PARCEL NO. 405126 058431 0000
The sale of the above-described property is to take place:
DATE: Friday, July 24, 2015
TIME: 9:30 A.M.
PLACE: WHATCOM COUNTY COURTHOUSE, BELLINGHAM, WA
The judgment debtor can avoid the sale by paying the judgment amount of $341,367.45
together with interest, costs and fees before the sale date. For the exact amount, contact the Sheriff at the address stated below.
ATTORNEY:
RCO Legal, P.S.
Synova M. L. Edwards
13555 SE 36th St., Ste. 300
Bellevue, WA 98006
425.458.2121
BILL J. ELFO, Sheriff
Whatcom County
By: Shauna Baldetta, Civil Assistant
311 Grand Avenue
Bellingham, WA
(360) 676-6650
Published by Ferndale Record June 24 and July 1, 8 and 15, 2015.
LEGAL
NOTICE OF APPLICATION AND INTENT TO ISSUE A MITIGATED DETERMINATION OF NON-SIGNIFICANCE
The City of Ferndale has received application(s) from the applicant referenced below for a proposed development project within the city limits. Based on review of the materials submitted, the development applications have been determined to be complete. The City has received and reviewed a SEPA checklist for probable adverse environmental impacts associated with the proposed project and expects to issue a Mitigated Determination of Non-Significance (MDNS) for this project.
Pursuant to Title14 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development applications. The public and affected agencies are invited to comment on the environmental impacts of the proposed project and receive copies of the subsequent Threshold Determination (the MDNS), if requested. This may be the only opportunity to comment on the environmental impacts of the proposal.
APPLICANT: Deer Park Plat
DATE OF APPLICATION: 5/20/2015
PROJECT LOCATION: The project is located on the northeast corner of the Church Road and Main Street Intersection, in the 5700 Block, in Ferndale, WA.
PROJECT DESCRIPTION: The project to construct a phased project consisting of 53-single family residential units on an 18.29-acre parcel. The project includes 53 lots averaging 8,000 square feet or less, wetland tracts, and dedication of land for a City park, and the associated roads and infrastructure necessary to service the development. Access to the site proposed will be taken off Church Road. A second access (only to be used by Emergency services) will be located at the south property line off Main Street.
Proposed fill and grade activities proposed for the subdivision are as follows:
Approximate cut – 14,000 cubic yards
Approximate fill – 17,000 cubic yards
Approximate import of fill – 8,000 cubic yards (this amount includes frontage and right-of-way improvements)
REQUESTED ACTION(S): The applicant requests a SEPA Determination by the City of Ferndale for the proposed subdivision.
A SEPA checklist is required for this project as it exceeds the thresholds of 30 single family units and 1,000 cubic yards of fill and grade activities.
THE CITY INTENDS TO ISSUE A: Mitigated Determination of Non-Significance
PUBLIC COMMENT PERIOD: June 24, 2015 – July 8, 2015
CONTACT:
Jori Burnett
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
Required permits and approvals include, but may not be limited to:
1. SEPA Threshold Determination, City of Ferndale
2. Preliminary Plat Permit, City of Ferndale
3. Land Disturbance Permit, City of Ferndale
The following mitigation measures were identified relative to the proposed project:
EARTH: Erosion and sedimentation control measures stated on the 2005 (or most current) DOE Manual shall be used during construction.
AIR: Erosion and sediment control best management practices will be used during construction and typical maintenance of residential property.
AESTHETICS: Height limits for Single Family Residences is 35 feet.
Tract A of Open Space located on the northeast corner of Church and Main Street shall have landscaping installed in the area. The landscaping shall be low level and maintain vision clearance and must be approved by the City
Establishment of a Homeowner’s Association, with responsibilities to maintain landscaping and shared common spaces will mitigate aesthetic impacts.
Note: The property slopes down and away from neighboring existing properties which will tend to limit the potential for development of this property to block views of existing residences.
WATER: Applicant will install or preserve measurements to comply with the DOE guidelines and the NPDES permit.
Permeable pavements and rain gardens have been proposed on the site.
Drainage systems for stormwater runoff are proposed to be designed per the latest DOE manual adopted by the City.
Establishment of a Homeowner’s Association, with responsibilities to maintain storm facilities will stormwater impacts.
Project shall seek to avoid wetland impacts where possible and shall mitigate for wetland impacts on-or off-site in accordance with City, state and federal regulations.
NOISE: Working hours will be limited to 7AM to 7PM during construction.
TRAFFIC: The project will comply with concurrency requirements. Traffic impact fees will be owed for each lot.
PUBLIC SERVICES: Water, sewer, and stormwater infrastructure (as necessary) will be constructed to city standards; payment of water and sewer connection fees; payment of storm sewer mitigation fees.
During construction of the civil improvements, the contractor will coordinate with Public Works.
PUBLIC SAFETY: Provision of fire protection infrastructure per Fire District requirements; traffic control during construction shall be coordinated between the applicant, Ferndale Public Works Department, and the Ferndale Police Department.
A separate access is required for emergency services to access the site from Main Street. The emergency access shall be blocked (to prevent public use of the access) and shall have bollards installed to block the access.
The emergency entrance to the south will include pedestrian access to promote use of WTA system
RECREATION: The project site is within a “general area of future park” as identified in the City of Ferndale Parks, Trails and Recreation Master Plan.
The applicant is required to dedicate at least 20,080 square feet of land for Public park and trail use. The dedication for public access to the trail and park will partially or fully mitigate the developer’s impacts on the parks and trail systems. Dedication of the park land will be credited towards the park impact fees owed for the development. The precise location of the park and trail will be determined prior to preliminary plat approval.
CULTURAL RESOURCES: Should archaeological materials (e.g. shell midden, faunal remains, stone tools) or human remains be observed during project activities, all work in the immediate vicinity shall stop, and the area shall be secured. The contractor/owner shall contact the state Department of Archaeology and Historic Preservation (DAHP) at 360-586-3065, the Lummi Nation Tribal Historic Preservation Office (LNTHPO) at 360-384-2298, and the Nooksack Tribe at 360-592-9065 in order to help assess the situation and determine how to preserve the resource(s). In the event that the find includes human remains the Ferndale Police Department shall be called immediately at 360-384-3390. Regarding human remains, the LNTHPO will contact the appropriate tribal repatriation specialists. Compliance with all applicable laws pertaining to archaeological resources is required.
Published by Ferndale Record June 24, 2015.
■ TRUSTEE’S SALE
LEGAL
File No.: 7037.106522 Grantors: Northwest Trustee Services, Inc. JPMorgan Chase Bank, National Association Grantee: Robin L. Barlean, as her separate estate Ref to DOT Auditor File No.: 2100703041 Tax Parcel ID No.: 370301-516206-0000 and Property ID: 21010 Abbreviated Legal: LTS 78 & 132, PTN LT 133, SUDDEN VALLEY DIV 9 VOL 10 PGS 83, 84 & 85, WHATCOM CO WA Notice of Trustee’s Sale Pursuant to the Revised Code of Washington 61.24, et seq. 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: Toll-free: 1-877-894-HOME (1-877-894-4663). Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development Telephone: Toll-free: 1-800-569-4287. Web site: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys Telephone: Toll-free: 1-800-606-4819. Web site: http://nwjustice.org/what-clear.
I.
On July 24, 2015, at 10:00 AM. inside the main lobby of the Whatcom County Courthouse, 311 Grand Avenue in the City of Bellingham, State of Washington, the undersigned Trustee (subject to any conditions imposed by the Trustee) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property “Property”, situated in the County(ies) of WHATCOM, State of Washington: Lots 78,132 & 133, plat of Sudden Valley, Division No. 9, according to the plat thereof, recorded in Volume 10 of plats, pages 83 through 85, inclusive, records of Whatcom County, Washington, except that portion described as follows: That portion of Lot 133 of said Plat, more particularly described as follows: Commencing at the Southeast corner of Lot 134 of said plat; thence North 23 degrees 04’23” East along the Easterly line of said Lot 134, a distance of 96.62 feet to the Northeast corner of said Lot 134; thence South 65 degrees 17’34” East along the Northerly line of said Lot 133, a distance of 12.00 feet; thence South 23 degrees 04’23” West parallel to the common line between said Lots 133 and 134, a distance of 98.08 feet to the Southerly line of said Lot 133; thence North 58 degrees 22’20” West along said Southerly line, 12.14 feet to the Point of Beginning. Situate in Whatcom County, Washington. Commonly known as: 6 Yearling Place Bellingham, WA 98229 which is subject to that certain Deed of Trust dated 07/23/10, recorded on 07/30/10, under Auditor’s File No. 2100703041, records of WHATCOM County, Washington, from Robin L Barlean An Unmarried Person, as Grantor, to Old Republic Title Company, as Trustee, to secure an obligation “Obligation” in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for Envoy Mortgage, Ltd., its successors and assigns, as Beneficiary, the beneficial interest in which was assigned by Mortgage Electronic Registration Systems, Inc. as designated nominee for Envoy Mortgage, Ltd., Beneficiary of the Security Instrument, its successors and assigns to JPMorgan Chase Bank, National Association, under an Assignment/Successive Assignments recorded under Auditor’s File No. 2141200053. *The Tax Parcel ID number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property’s full legal description provided herein.
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 or Borrower’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 and/or other defaults: Amount due to reinstate as of 03/18/2015. If reinstating after this date, please contact NWTS for the exact reinstatement amount. Monthly Payments $8,636.46 Lender’s Fees & Costs $220.55 Total Arrearage $8,857.01 Trustee’s Expenses (Itemization) Trustee’s Fee $543.75 Title Report $832.20 Statutory Mailings $23.40 Recording Costs $14.00 Postings $80.00 Total Costs $1,493.35 Total Amount Due: $10,350.36 Other known defaults as follows:
IV.
The sum owing on the Obligation is: Principal Balance of $202,461.57, together with interest as provided in the note or other instrument evidencing the Obligation from 08/01/14, and such other costs and fees as are due under the Obligation, and as are provided by statute.
V.
The Property will be sold to satisfy the expense of sale and the Obligation as provided by statute. The sale will be made without representation or warranty, express or implied regarding title, possession, encumbrances or condition of the Property on July 24, 2015. The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances costs and fees thereafter due, must be cured by 07/13/15 (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 07/13/15 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, is/are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after 07/13/15 (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 balance of 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): NAME AND ADDRESS Robin L Barlean aka Robin Lee Barlean aka Robin Barlean 6 Yearling Place Bellingham, WA 98229 Robin L Barlean aka Robin Lee Barlean aka Robin Barlean 2100 Electric Avenue Apt 133 Bellingham, WA 98229 Unknown Spouse and/or Domestic Partner of Robin L Barlean aka Robin Lee Barlean aka Robin Barlean 6 Yearling Place Bellingham, WA 98229 Unknown Spouse and/or Domestic Partner of Robin L Barlean aka Robin Lee Barlean aka Robin Barlean 2100 Electric Avenue Apt 133 Bellingham, WA 98229 by both first class and certified mail, return receipt requested on 02/13/15, proof of which is in the possession of the Trustee; and on 02/13/15 Grantor and Borrower were personally served with said written notice of default or the written notice of default was posted on 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 trustee’s 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 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 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. The trustee’s rules of auction may be accessed at www.northwesttrustee.com and are incorporated by this reference. You may also access sale status at www.northwesttrustee.com and www.USA-Foreclosure.com. Date Executed: Northwest Trustee Services, Inc., Trustee Authorized Signature 13555 SE 36th St. Suite 100 Bellevue, WA 98006 Contact: Heather L. Smith (425) 586-1900. (TS# 7037.106522) 1002.278049-File No.
Published by Ferndale Record
June 24 and July 15, 2015.
LEGAL
File No.: 7777.02268 Grantors: Northwest Trustee Services, Inc. U.S. Bank National Association, as Trustee for Credit Suisse First Boston Mortgage Securities Corp., Home Equity Asset Trust 2005-2, Home Equity Pass-Through Certificates, Series 2005-2 Grantee: Kevin McDowell and Adrianna McDowell, also appearing of record as Adriana McDowell, husband and wife Ref to DOT Auditor File No.: 2041203793 Tax Parcel ID No.: 370408-008376-0000/32678 Abbreviated Legal: LT 54, RPLT SUDDEN VALLEY DIV 1, VOL 10 PGS 14, 15 AND 16, WHATCOM CO WA Notice of Trustee’s Sale Pursuant to the Revised Code of Washington 61.24, et seq. 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: Toll-free: 1-877-894-HOME (1-877-894-4663). Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development Telephone: Toll-free: 1-800-569-4287. Web site: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys Telephone: Toll-free: 1-800-606-4819. Web site: http://nwjustice.org/what-clear.
I.
On July 24, 2015, at 10:00 AM. inside the main lobby of the Whatcom County Courthouse, 311 Grand Avenue in the City of Bellingham, State of Washington, the undersigned Trustee (subject to any conditions imposed by the Trustee) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property “Property”, situated in the County(ies) of WHATCOM, State of Washington: Lot 54, Sudden Valley Division 1, Replat, according to the Plat thereof, recorded in Volume 10 of Plats, Page(s) 14 through 16, records of Whatcom County, Washington. Commonly known as: 3 Austin Creek Lane Bellingham, WA 98229 which is subject to that certain Deed of Trust dated 12/10/04, recorded on 12/21/04, under Auditor’s File No. 2041203793, records of WHATCOM County, Washington, from Kevin McDowell and Adrianna McDowell, husband and wife, as Grantor, to Stewart Title, as Trustee, to secure an obligation “Obligation” in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for Home Loan Corporation dba Expanded Mortgage Credit, as Beneficiary, the beneficial interest in which was assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Home Loan Corporation, doing business as Expanded Mortgage Credit to U.S. Bank National Association, as Trustee for Credit Suisse First Boston Mortgage Securities Corp., Home Equity Asset Trust 2005-2, Home Equity Pass-Through Certificates, Series 2005-2, under an Assignment/Successive Assignments recorded under Auditor’s File No. 2120603743. *The Tax Parcel ID number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property’s full legal description provided herein.
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 or Borrower’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 and/or other defaults: Amount due to reinstate as of 03/18/2015. If reinstating after this date, please contact NWTS for the exact reinstatement amount. Monthly Payments $23,881.46 Lender’s Fees & Costs $2,318.82 Total Arrearage $26,200.28 Trustee’s Expenses (Itemization) Trustee’s Fee $900.00 Statutory Mailings $39.27 Recording Costs $16.00 Postings $80.00 Total Costs $1,035.27 Total Amount Due: $27,235.55 Other known defaults as follows:
IV.
The sum owing on the Obligation is: Principal Balance of $133,090.40, together with interest as provided in the note or other instrument evidencing the Obligation from 07/01/13, and such other costs and fees as are due under the Obligation, and as are provided by statute.
V.
The Property will be sold to satisfy the expense of sale and the Obligation as provided by statute. The sale will be made without representation or warranty, express or implied regarding title, possession, encumbrances or condition of the Property on July 24, 2015. The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances costs and fees thereafter due, must be cured by 07/13/15 (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 07/13/15 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, is/are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after 07/13/15 (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 balance of 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): NAME AND ADDRESS Kevin McDowell aka Kevin W. McDowell 3 Austin Creek Lane Bellingham, WA 98229 Adrianna McDowell aka Adriana McDowell 3 Austin Creek Lane Bellingham, WA 98229 Kevin Wayne McDowell c/o Steven C. Hathaway, Attorney 3811 Consolidation Avenue Bellingham, WA 98227 Kevin Wayne McDowell c/o Steven C. Hathaway, Attorney PO Box 2147 Bellingham, WA 98227 Adriana Kimberly McDowell c/o Steven C. Hathaway, Attorney 3811 Consolidation Avenue Bellingham, WA 98227 Adriana Kimberly McDowell c/o Steven C. Hathaway, Attorney PO Box 2147 Bellingham, WA 98227 Virginia A. Burdette, Trustee 600 Stewart Street, Suite 1300 Seattle, WA 98101 by both first class and certified mail, return receipt requested on 02/13/15, proof of which is in the possession of the Trustee; and on 02/13/15 Grantor and Borrower were personally served with said written notice of default or the written notice of default was posted on 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 trustee’s 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 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 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. The trustee’s rules of auction may be accessed at www.northwesttrustee.com and are incorporated by this reference. You may also access sale status at www.northwesttrustee.com and www.USA-Foreclosure.com. Date Executed: Northwest Trustee Services, Inc., Trustee Authorized Signature 13555 SE 36th St. Suite 100 Bellevue, WA 98006 Contact: Neang Avila (425) 586-1900. (TS# 7777.02268) 1002.278030-File No.
Published by Ferndale Record
June 24 and July 15, 2015.
