FERNDALE
Ordinances of the City Council of the City of Ferndale, Washington, passed at the Council meeting of November 4, 2024.
Ordinance #2252
An ordinance amending the Shoreline Master Program
Ordinance #2253
An ordinance amending FMC 13.04 regarding Owner/Tenant Utility Accounts
Full texts of the above document(s) are available at Ferndale City Hall, posted on the City’s website, (www.cityofferndale.org) or will be mailed upon request
Susan Duncan, City Clerk
Published November 6, 2024
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Ferndale City Council will hold a Public Hearing on Monday, November 18th regarding the property tax levy for 2025.
The hearing will be held at the City Hall Annex Building/Council Chambers, located at 5694 Second Avenue, beginning at 5:00 p.m. Any taxpayers may appear thereat and be heard for or against any part of the ordinance. Public comments may also be submitted via email to [email protected]. Documents may be viewed at www.cityofferndale.org.
Susan Duncan, MMC
City Clerk
Published November 6, 2024
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City of Ferndale’s 2025 Preliminary Budget has been filed with the City Clerk. A copy thereof will be furnished to any taxpayer who requests it by contacting the City Clerk. Ferndale City Council will hold a public hearing on Monday, November 18, 2024 to consider the final budget for 2025.
The hearing will be held at the City Hall Annex Building/Council Chambers, located at 5694 Second Avenue, beginning at 5:00 p.m. Any taxpayers may appear thereat and be heard for or against any part of the ordinance. Public comments may also be submitted via email to [email protected]. Documents may be viewed at www.cityofferndale.org.
Susan Duncan
City Clerk
Published November 6, 2024
NOTICE OF TRUSTEE’S SALE
NOTICE OF TRUSTEE’S SALE Pursuant to the Revised Code of Washington 61.24, et seq.108 1st Ave South, Suite 450 Seattle, WA 98104 Trustee Sale No.: WA-24-988527-SW Title Order No.: S-MCH-WA-160060-TSG Reference Number of Deed of Trust: Instrument No. 2022-0102529 Parcel Number(s): 3803041702820000 Grantor(s) for Recording Purposes under RCW 65.04.015: ALEXANDRA LEMELSON, an Unmarried Woman and Kathy Lemelson an Unmarried Woman, as tenants in common Current Beneficiary of the Deed of Trust and Grantee (for Recording Purposes under RCW 65.04.015): Athene Annuity and Life Company Current Trustee of the Deed of Trust: QUALITY LOAN SERVICE CORPORATION Current Loan Mortgage Servicer of the Deed of Trust: Planet Home Lending, LLC I.NOTICE IS HEREBY GIVEN that QUALITY LOAN SERVICE CORPORATION, the undersigned Trustee, will on 11/15/2024, at 10:00 AM At the main entrance to the Whatcom County Courthouse, located at 311 Grand Avenue, Bellingham, WA 98225 sell at public auction to the highest and best bidder, payable in the form of credit bid or cash bid in the form of cashier’s 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 WHATCOM, State of Washington, to-wit: Parcel A: Lot 2, as delineated on Amended Sterk Short Plat, according to the plat thereof, recorded in Volume 20, page 86 of Short Plats, under Auditor’s File No. 900412012, records of Whatcom County, Washington. Situate in Whatcom County, Washington. Parcel B: A 30-foot non-exclusive easement to ingress, egress and utilities, as delineated on Amended Sterk Short Plat, according to the plat thereof, recorded in Volume 20, of Short Plats, page 86 under Auditor’s File No. 900412012, records of Whatcom County, Washington. Situate in Whatcom County, Washington. More commonly known as: 1041 STERK LANE, BELLINGHAM, WA 98226 Subject to that certain Deed of Trust dated 1/19/2022, recorded 1/21/2022, under Instrument No. 2022-0102529 records of WHATCOM County, Washington, from ALEXANDRA LEMELSON, an Unmarried Woman and Kathy Lemelson an Unmarried Woman, as tenants in common, as grantor(s), to FATICO, as original trustee, to secure an obligation in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”), AS DESIGNATED NOMINEE FOR NEXERA HOLDING, LLC DBA NEWFI LENDING, BENEFICIARY OF THE SECURITY INSTRUMENT, ITS SUCCESSORS AND ASSIGNS, as original beneficiary, the beneficial interest in which was subsequently assigned to Athene Annuity and Life Company , the Beneficiary, under an assignment recorded under Auditors File Number 2024-0401853 II. No action commenced by the Beneficiary of the Deed of Trust as referenced in RCW 61.21.030(4) is now pending to seek satisfaction of the obligation in any Court by reason of the Borrower’s or Grantor’s default on the obligation secured by the Deed of Trust/Mortgage. 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: $114,207.30. IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $1,714,861.24, together with interest as provided in the Note from 10/1/2023 on, and such other costs, fees, and charges as are due under the Note, Deed of Trust, 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 11/15/2024. The defaults referred to in Paragraph III must be cured by 11/4/2024 (11 days before the sale date), or by other date as permitted in the Note or Deed of Trust, to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before 11/4/2024 (11 days before the sale), or by other date as permitted in the Note or Deed of Trust, 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 cashiers or certified checks from a State or federally chartered bank. The sale may be terminated any time after the 11/4/2024 (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, and curing all other defaults. VI. A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower(s) and Grantor(s) by both first class and certified mail, 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. The list of recipients of the Notice of Default is listed within the Notice of Foreclosure provided to the Borrower(s) and Grantor(s). These requirements were completed as of 6/3/2024. 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. 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. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You may be eligible for mediation. You have only until 90 calendar days BEFORE the date of sale listed in this Notice of Trustee Sale to be referred to mediation. If this is an amended Notice of Trustee Sale providing a 45-day notice of the sale, mediation must be requested no later than 25 calendar days BEFORE the date of sale listed in this amended Notice of Trustee Sale. 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: Toll-free: 1-877-894-HOME (1-877-894-4663) or Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development: Toll-free: 1-800-569-4287 or National Web Site: http://portal.hud.gov/hudportal/HUD or for Local counseling agencies in Washington: 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: 1-800-606-4819 or Web site: http://nwjustice.org/what-clear Additional information provided by the Trustee: If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the noteholders rights against the real property only. The Trustee’s Sale Number is WA-24-988527-SW. Dated: 7/9/2024 QUALITY LOAN SERVICE CORPORATION, as Trustee By: Jeff Stenman, President Trustee’s Address: QUALITY LOAN SERVICE CORPORATION 108 1 st Ave South, Suite 450, Seattle, WA 98104 For questions call toll-free: (866) 925-0241 Trustee Sale Number: WA-24-988527-SW Sale Line: 916-939-0772 or Login to: http://www. qualityloan.com IDSPub #0203207 10/16/2024 11/6/2024
Published October 16 & November 6, 2024
PUBLIC NOTICE
City of Ferndale, Jori Burnett, PO Box 936 Ferndale, WA 98248, is seeking coverage under the Washington State Department of Ecology’s Construction Stormwater NPDES and State Waste Discharge General Permit.
The proposed project, Ferndale Terrace Improvement Project, is located at Ferndale Terrace, from the intersection of Ferndale Terrace/Hendrickson Ave, then easterly to the intersection of Ferndale Terrace/Vista Dr. in Ferndale in Whatcom County.
This project involves 3.32 acres of soil disturbance for Highway or Road, Utilities construction activities.
The receiving waterbodies are Schell Creek, Schell Ditch.
Any persons desiring to present their views to the Washington State Department of Ecology regarding this Application, or interested in Ecology’s action on this Application, may notify Ecology in writing no later than 30 days of the last date of publication of this notice. Ecology reviews public comments and considers whether discharges from this project would cause a measurable change in receiving water quality, and, if so, whether the project is necessary and in the overriding public interest according to Tier II anti-degradation requirements under WAC 173-201A-320.
Comments can be submitted to:
[email protected], or
ATTN: Water Quality Program, Construction Stormwater
Washington State Department of Ecology
P.O. Box 47696
Olympia, WA 98504-7696
Published October 30 & November 6, 2024
FC#: 8300.00067 APN: 400112 445128 0000 Abrev Legal: LOT 3, AM PATTERSON SHORT PLAN NOTICE OF DEFAULT AND FORECLOSURE SALE WHEREAS, on November 1, 2011, a certain Mortgage Deed of Trust in the amount of $337,500.00 was executed by ESLEY E TATE & DORRIS TATE as trustors in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC. (“MERS”), AS BENEFICIARY, ACTING SOLELY AS NOMINEE FOR URBAN FINANCIAL GROUP INC. as beneficiary, and was recorded on December 1, 2011, as Instrument No. 2111200109, in the Office of the Recorder of WHATCOM County, WA; and WHEREAS, the Mortgage Deed of Trust was insured by the United States Secretary of Housing and Urban Development (“Secretary” or “HUD”) pursuant to the National Housing Act for the purpose of providing single family housing; and WHEREAS, the beneficial interest in the Mortgage Deed of Trust is now owned by the Secretary of Housing and Urban Development, pursuant to the following assignment: Corporate Assignment of Deed of Trust from MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”) AS DESIGNATED NOMINEE FOR URBAN FINANCIAL GROUP, INC. in favor of SECRETARY OF HOUSING AND URBAN DEVELOPMENT dated 08/08/2018, recorded on 09/14/2018, as Instrument No. 2018-0901152, in the office of the Recorder of WHATCOM County, WA; and WHEREAS, the entire amount delinquent as of October 4, 2024 is $348,334.18; and WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Mortgage Deed of Trust to be immediately due and payable; NOW THEREFORE, pursuant to powers vested in me by the Single-Family Mortgage Foreclosure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR part 27, subpart B (the “Act”), and by the Secretary’s designation of me as Foreclosure Commissioner, which is recorded herewith, NOTICE IS HEREBY GIVEN that on November 22, 2024 at 10:00 AM local time, all real and personal property at or used in connection with the following described premises (“Property”) will be sold at public auction to the highest bidder: LEGAL DESCRIPTION: PARCEL A: LOT 3 AS DELINEATED ON AMENDED PATTERSON SHORT PLAT, RECORDED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 1285920, BEING A PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 40 NORTH, RANGE 1 EAST OF W.M., EXCEPT THAT PORTION, IF ANY, LYING WITHIN THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 12. PARCEL B: A 60-FOOT EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS DELINEATED ON AMENDED PATTERSON SHORT PLAT, RECORDED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 1285920. Purportedly known as: 2569 HAYNIE RD, CUSTER, WA 98240 The sale will be held at: at the main entrance to the Whatcom County Courthouse, 311 Grand Avenue, Bellingham, WA 98225 Per the Secretary, the estimated opening bid will be $354,407.00. There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his pro rata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale. When making their bids, all bidders, except the Secretary, must submit a deposit totaling ten percent (10%) of the Secretary’s estimated bid amount in the form of a certified check or cashier’s check made payable to the Secretary of Housing and Urban Development. Ten percent of the estimated bid amount for this sale is $35,441.00. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of $35,441.00 must be presented before the bidding is closed. The deposit is nonrefundable. The remainder of the purchase price must be delivered within 30 days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount must be delivered in the form of a certified or cashier’s check made payable to Nemovi Law Group, APC. We will accept certified or cashier’s checks made payable to the bidder and endorsed to Nemovi Law Group, APC if accompanied by a notarized power of attorney or other notarized authorization authorizing Nemovi Law Group, APC to deposit the check into the firm’s trust account on behalf of the Secretary of Housing and Urban Development. If the Secretary is the highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery date of the remainder of the payment and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them. The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extensions will be for 15-day increments for a fee of: $500.00, paid in advance. The extension fee shall be in the form of a certified or cashier’s check made payable to the Secretary. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due. If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the Foreclosure Commissioner after consultation with the HUD representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD representative, offer the property to the second highest bidder for an amount equal to the highest price offered by that bidder. There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein. HUD does not guarantee that the property will be vacant. The scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this Notice of Default and Foreclosure Sale, or all amounts due under the mortgage agreement are tendered to the Foreclosure Commissioner, in the form of a certified or cashier’s check payable to the Secretary, before public auction of the property is completed. The amount that must be paid if the Mortgage Deed of Trust is to be reinstated prior to the scheduled sale is based on the nature of the breach, this loan is not subject to reinstatement. A total payoff is required to cancel the foreclosure sale, or the breach must otherwise be cured, if applicable. A description of the nature of the breach is as follows: A BORROWER DIES AND THE PROPERTY IS NOT THE PRINCIPAL RESIDENCE OF AT LEAST ONE SURVIVING BORROWER. Tender of payment by certified or cashier’s check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below. The sale date shown on this Notice of Default and Foreclosure Sale may be postponed one or more times by the Secretary, the Foreclosure Commissioner or a court. For Sales Information please call (916) 939-0772 or visit the website www.nationwideposting.com using the file number assigned to this case FC# 8300.00067 . Your ability to obtain sales information by Internet Website or phone is provided as a courtesy to those not present at the sale and neither Nemovi Law Group, APC nor the website host makes any representations or warranties as to the accuracy or correctness of the information provided thereby. Nemovi Law Group, APC and its agents do not assume any responsibility for reliance on any information received by telephone or website. THIS INFORMATION IS SUBJECT TO CHANGE AT ANY TIME. It will be necessary for you to attend all sales in order to obtain the most current information. Neither Nemovi Law Group, APC nor its agents will be liable for any loss you may sustain in using or receiving any information obtained online or by phone. Date: 10/07/2024 NEMOVI LAW GROUP, APC Foreclosure Commissioner Sales Info: (916) 939-0772 Telephone: (866) 454-7742 By: Genail M. Nemovi, Attorney Mailing Address: NEMOVI LAW GROUP, PC 2173 Salk Ave, Suite 250 Carlsbad, CA 92008 Physical Address: NEMOVI LAW GROUP, PC 14205 SE 36th Street, Suite 100 Bellevue, WA 98006 NPP0466358 To: FERNDALE RECORD 10/30/2024, 11/06/2024, 11/13/2024
Published October 30 & November 6, 13, 2024
