CITY OF FERNDALE
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 notice of application initiates the review process, and no approvals have been granted. There will be an advertised public hearing in the future for this proposal. It is the right of any person to comment on the application, to receive notice of and participate in any hearings, to request a copy of the decision once made, and the applicable appeal rights.
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:
MD General, LLC
APPPLICATION FILE REFERENCE NUMBERS:
16001-PUD, 16002-VAR, 16018-SE
DATE OF APPLICATION:
July 21, 2016
DATE OF COMPLETE APPLICATION:
October 4, 2016
PROJECT LOCATION:
The project site is located on two adjacent parcels, addressed as 6213 Malloy Avenue, parcel number 3902185041710000, and 6267 Malloy Avenue parcel number 3902185042360000. The two parcels make up the NE quarter of the SE quarter of Section 18, Township 39, North, Range 2 East in Ferndale, WA. Located in the 6200 block on the west side of Malloy Avenue.
PROJECT DESCRIPTION:
Construction of a 203 lot subdivision on a 38.78 site with single family detached and single family attached (townhouse) residences. The project includes single-family lots (detached and attached), multiple open space tracts, associated road/right-of-way, infrastructure, stormwater pond, stormwater facilities, utilities and protected critical areas. The applicant proposes to mitigate lot wetland functions as a result of the development in accordance to City, State, and Federal guidelines.
The applicant proposes to vary from the following Municipal code sections:
-FMC 17.28.030B.2.B & E with a reduced pipe stem width (lot) and width (access) for shared driveways as required by code.
-18.32.080 reduced front yard setbacks for most or all lots from 20 feet to 15 feet for those portions of the structure that do not contain a street-fronting garage.
The applicant proposed to vary from the following City Development Standards:
-Section 603 reduced right-of-way width from 60-feet to 50-feet
Section 603 reduced roadway width for a portion of the roads within the PUD to be reduced from 36-foot standard to 28-feet
Phased construction of the project is anticipated to begin in 2017 and continue through 2022 or earlier.
Fill & Grade Activities:
Approximately 78,000 cubic yards or topsoil will be hauled off-site or spread over the lots plus 52,000 cubic yards of material will be provided for roadway construction (gravel, crushed rock and asphalt).
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
NOA/SEPA PUBLIC COMMENT PERIOD:
October 19 – November 2, 2016
CONTACT:
Jori Burnett, Community Development Director
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
[email protected]
Required permits and approvals include, but may not be limited to:
1. SEPA Threshold Determination, City of Ferndale
2. Planned Unit Development Approval, City of Ferndale
3. Land Disturbance Permit, City of Ferndale
4. Wetland Fill Permit, Nationwide, Army Corps of Engineers (ACOE)
5. 401 Water Certification, Washington State Department of Ecology (Ecology)
6. NPDES Permit, Ecology
7. Hydraulic Project Approval (if applicable), WDFW
The following mitigation measures were identified relative to the proposed project:
EARTH:
Preparation of a Storm Water Pollution Prevention Plan and adherence to the State water quality guidelines in accordance to the latest adopted Stormwater Ecology Manual. Construction will be sequenced, and take plane during the dry weather to the extend practical.
Should phased mass grading or development be proposed, prior to the initiation of each phase the applicant shall provide the City with sufficient documentation that each phase has established appropriate environmental protections or mitigation measures and/or relies on previous environmental protections or mitigation measures established through previous phases.
AIR:
Limits idling of heavy equipment during construction, watering soils if dust becomes a problem. Installation of code compliant residential HVAC systems.
WATER:
Stormwater:
Applicant will install or preserve measurements to comply with the Ecology guidelines and the National Pollution Discharge Elimination System permit.
The project will prepare a Stormwater Pollution Prevention Plan in accordance to State guidelines.
Note, currently the City requires compliance with the 2005 Ecology Manual. All applications submitted on or after January 1, 2017 must comply with 2014 Stormwater Management Manual for Western Washington. All projects approved prior to January 1, 2017 which have not started construction by January 1, 2022 must comply with the 2014 Stormwater Management Manual for Western Washington
Establishment of a Homeowner’s Association, with responsibilities to maintain storm facilities and critical areas.
Wetlands:
Project shall seek to avoid wetland and critical area impacts to the extent practical and shall mitigate for wetland impacts on-or off-site in accordance with City, state and federal regulations. If the wetland mitigation is proposed off-site, the applicants shall first consider off-site mitigation within the City of Ferndale, if practical.
PLANTS:
Ornamental landscaping typical of new home construction will be predominant in developed areas. Plantings may be proposed as mitigation for any buffer impacts, and will likely be from native vegetation.
AESTHETICS:
Establishment of a Homeowner’s Association, with responsibilities to maintain landscaping and shared common spaces, including trail spaces accessible to the general public, will mitigate aesthetic impacts.
NOISE:
Working hours will be limited to 7AM to 10PM 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.
RECREATION:
Several trail segments will be constructed allowing pedestrian access to nearby natural areas as well as providing pedestrian connectivity within this and adjacent property developments.
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 Lena Tso, THPO 360-312-2257; Tamela Smart, Deputy THPO 360-312-2253 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 ancient 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
October 26, 2016.
LEGAL
NOTICE OF APPLICATION AND INTENT TO ISSUE A DETERMINATION OF NON-SIGNIFICANCE
The City of Ferndale has received application(s) from the applicant referenced below for a proposed land use action within the city limits and unincorporated Urban Growth Area (UGA). 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 Determination of Non-Significance (DNS) 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 applications. The public and affected agencies are invited to comment on the environmental impacts of the proposed action and receive copies of the subsequent Threshold Determination (the DNS), if requested. This may be the only opportunity to comment on the environmental impacts of the proposal.
APPLICANT:
City of Ferndale (Jori Burnett, Community Development Director
DATE OF APPLICATION:
May 1, 2016
PROJECT LOCATION:
Throughout the unincorporated Urban Growth Area of the City of Ferndale.
PROJECT DESCRIPTION:
Following the required 2016 update of the Ferndale Comprehensive Plan as well as the 2016 update of the Whatcom County Comprehensive Plan, the City of Ferndale is obligated to review and if necessary revise its adopted Annexation Blueprint/ Phasing Plan.
The proposed revisions are intended to reflect changes resulting from the updates to the comprehensive plans. Specifically, the proposed changes reflect the inclusion of the East Slater area within the Ferndale UGA and the City’s willingness to accept an annexation request within the first annexation time period. Additional updates clarify language, reflect the passage of time, and are not generally reflective of changes to City policy.
REQUESTED ACTION(S):
The applicant requests approval by the City of Ferndale for a SEPA Determination and amendment to the City’s Annexation Blueprint/ Phasing Plan, which is adopted by reference to the Ferndale Comprehensive Plan.
THE CITY INTENDS TO ISSUE A:
Determination of Non-Significance
PUBLIC COMMENT PERIOD:
October 26, 2016-November 9, 2016
CONTACT:
Jori Burnett
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
Email: [email protected]
Required permits and approvals include, but may not be limited to:
1. SEPA Threshold Determination, City of Ferndale
2. Amendment to Annexation Blueprint/ Phasing Plan
Published by Ferndale Record
October 26, 2016.
LEGAL
NOTICE OF PUBLIC HEARING
The City of Ferndale Planning Commission will hold a public hearing to consider the proposed zoning text amendments 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 Planning Commission meeting will be held beginning at 7:00 p.m. on Wednesday, November 16, 2016 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 Planning Commission. 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) 685-2368.
DATE OF NOTICE:
October 26, 2016
APPLICANT:
City of Ferndale
PROJECT LOCATION:
Throughout the unincorporated Urban Growth Area of the City of Ferndale.
PROJECT DESCRIPTION:
Following the required 2016 update of the Ferndale Comprehensive Plan as well as the 2016 update of the Whatcom County Comprehensive Plan, the City of Ferndale is obligated to review and if necessary revise its adopted Annexation Blueprint/ Phasing Plan.
The proposed revisions are intended to reflect changes resulting from the updates to the comprehensive plans. Specifically, the proposed changes reflect the inclusion of the East Slater area within the Ferndale UGA and the City’s willingness to accept an annexation request within the first annexation time period. Additional updates clarify language, reflect the passage of time, and are not generally reflective of changes to City policy.
The applicant requests approval by the City of Ferndale for a SEPA Determination and amendment to the City’s Annexation Blueprint/ Phasing Plan, which is adopted by reference to the Ferndale Comprehensive Plan.
PUBLIC COMMENT PERIOD:
October 26, 2016 – November 16, 2016
CONTACT:
Jori Burnett, Community Development Director
City of Ferndale
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
[email protected]
Published by Ferndale Record
October 26, and November 2, 2016.
LEGAL
NOTICE OF PUBLIC HEARING
The City of Ferndale Planning Commission will hold a public hearing to consider the proposed zoning text amendments 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 Planning Commission meeting will be held beginning at 7:00 p.m. on Wednesday, November 16, 2016 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 Planning Commission. 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) 685-2368.
DATE OF NOTICE:
October 26, 2016
APPLICANT:
Michael Watters (Mike and Bob Properties LLC)
PROJECT LOCATION:
The project site is addressed as 1628 Main Street, Assessor Tax Parcel Number 390221095031
PROJECT DESCRIPTION:
The applicant proposes to modify the Comprehensive Plan designation on that portion of the subject property (approximately 2.59 acres) within the City limits from Low Density Residential to Commercial, and to modify the zoning designation from RS 8 (Residential Single Family, 8,000 square foot average lot size) to MXD – Mixed Use Commercial. No development project is proposed as part of this action.
Note that the subject property has “split” jurisdiction – the majority of the property is within Whatcom County jurisdiction and is not within the Ferndale City Limits. No land use modifications are proposed within unincorporated Whatcom County.
REQUESTED ACTION(S):
The applicant requests approval by the City of Ferndale for a SEPA Determination, Comprehensive Plan map amendment, and rezone.
PUBLIC COMMENT PERIOD:
October 26, 2016 – November 16, 2016
CONTACT:
Jori Burnett, Community Development Director
City of Ferndale
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
[email protected]
Published by Ferndale Record
October 26, and November 2, 2016.
NOTICE TO CREDITORS
LEGAL
SUPERIOR COURT OF WASHINGTON
FOR WHATCOM COUNTY
Estate of
BETTY JO KENISON,
Deceased.
NO. 16-4-00316-1
PROBATE NOTICE TO CREDITORS
(RCW 11.40.030)
PLEASE TAKE NOTICE
The above Court has appointed Dana S. Swearinger and Lisa G. Pinkerton as Co-Personal Representatives of Decedent’s estate. Any person having a claim against the Decedent must present the claim: (a) Before the time when the claim would be barred by any applicable statute of limitations, and (b) In the manner provided in RCW 11.40.070: (i) By filing the original of the claim with the foregoing Court, and (ii) By serving on or mailing to Dana at the address below a copy of the claim. The claim must be presented by the later of: (a) Thirty (30) days after I served or mailed this Notice as provided in RCW 11.40.020(1)(c), or (b) Four (4) months after the date of first publication of this Notice. If the claim is not presented within this time period, the claim will be forever barred except as provided in RCW 11.40.051 and 11.40.060. This bar is effective for claims against both the Decedent’s probate and non-probate assets.
Date of First Publication of this Notice:
October 19, 2016
Decedent’s SSN (for WDSHS only):
SSN
Co-Personal Representative
/s/ Dana S. Swearinger
Co-Personal Representative
_/s/ Lisa G. Pinkerton
Dana S. Swearinger
9103 Harvey Rd.
Blaine, WA 98230
360-201-7661
Published by Ferndale Record
October 19, 26 and November 2, 2016.
TRUSTEE’S SALE
LEGAL
NOTICE OF TRUSTEE’S SALE Pursuant to the Revised Code of Washington 61.24, et seq. TS No.: WA-16-733623-BB APN No.: 400515 0101730000PID140956 Title Order No.: 160154975-WA-MSI Deed of Trust Grantor(s): MARK HERTEL Deed of Trust Grantee(s): MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR DIRECTORS MORTGAGE, INC., AN OREGON CORPORATION Deed of Trust Instrument/Reference No.: 2150102295
I.
NOTICE IS HEREBY GIVEN that Quality Loan Service Corp. of Washington, the undersigned Trustee, will on 11/28/2016 , at 9:00 AM At the Main Entrance of the Whatcom County Courthouse, 311 Grand Ave., 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: LOT 58, BLOCK 12, PLAT OF PARADISE LAKES COUNTRY CLUB, DIVISION NO. 8, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGES 34 THROUGH 36, RECORDS OF WHATCOM COUNTY, WASHINGTON. SITUATE IN WHATCOM COUNTY, WASHINGTON. More commonly known as: 8595 GOLDEN VALLEY DRIVE, MAPLE FALLS, WA 98266 which is subject to that certain Deed of Trust dated 1/22/2015, recorded 1/26/2015, under 2150102295 records of WHATCOM County, Washington , from MARK HERTEL, AN UNMARRIED MAN , as Grantor(s), to WHATCOM LAND TITLE CO INC. , as Trustee, to secure an obligation in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR DIRECTORS MORTGAGE, INC., AN OREGON CORPORATION , as Beneficiary, the beneficial interest in which was subsequently assigned to JPMorgan Chase Bank, National Association under an assignment recorded under Auditors File Number 2016-0200443
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 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: $7,701.16
IV.
The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $116,672.54 , together with interest as provided in the Note from 12/1/2015 on, and such other costs and fees 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 11/28/2016 . The defaults referred to in Paragraph III must be cured by 11/17/2016 (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 11/17/2016 (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 cashiers or certified checks from a State or federally chartered bank. The sale may be terminated any time after the 11/17/2016 (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 and Grantor at the following address(es): NAME MARK HERTEL, AN UNMARRIED MAN ADDRESS 8595 GOLDEN VALLEY DRIVE, MAPLE FALLS, WA 98266 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. These requirements were completed as of 6/20/2016 .
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. NOTICE TO OCCUPANTS OR TENANTS – The purchaser at the Trustee’s Sale is entitled to possession of the property on the 20 th 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 20 th 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 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: 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 . If the sale is set aside for any reason, including if the Trustee is unable to convey title, the Purchaser at the sale shall be entitled only to a return of the monies paid to the Trustee. This shall be the Purchaser’s sole and exclusive remedy. The purchaser shall have no further recourse against the Trustor, the Trustee, the Beneficiary, the Beneficiary’s Agent, or the Beneficiary’s Attorney. 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 note holders right’s against the real property only. QUALITY MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. Dated: 7/21/2016 Quality Loan Service Corp. of Washington, as Trustee By: Briana Newton, Assistant Secretary Trustee’s Mailing Address: Quality Loan Service Corp. of Washington C/O Quality Loan Service Corp. 411 Ivy Street, San Diego, CA 92101 (866) 645-7711 Trustee’s Physical Address: Quality Loan Service Corp. of Washington 108 1 st Ave South, Suite 202 Seattle, WA 98104 (866) 925-0241 Sale Line: 800-280-2832 Or Login to: http://wa.qualityloan.com TS No.: WA-16-733623-BB IDSPub #0112181 10/26/2016 11/16/2016
Published by Ferndale Record
October 26 and November 16, 2016.
LEGAL
NOTICE OF TRUSTEE’S SALE Pursuant to the Revised Code of Washington 61.24, et seq. TS No.: WA-15-670139-SW APN No.: 400219 014038 0000 Title Order No.: 150125665-WA-MSI Deed of Trust Grantor(s): JOHN H KELLN, VICKI S KELLN Deed of Trust Grantee(s): COUNTRYWIDE HOME LOANS, INC. Deed of Trust Instrument/Reference No.: 1980603992
I.
NOTICE IS HEREBY GIVEN that Quality Loan Service Corp. of Washington, the undersigned Trustee, will on 11/28/2016 , at 9:00 AM At the Main Entrance of the Whatcom County Courthouse, 311 Grand Ave., 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: THE WEST 209 FEET OF THE SOUTH 12 ACRES OF GOVERNMENT LOT 4, SECTION 19, TOWNSHIP 40 NORTH, RANGE 2 EAST OF W.M., EXCEPT ROAD NOS. 204 AND 51. EXCEPT ANY PORTION THEREOF LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE AS ESTABLISHED AND SET FORTH IN WHATCOM COUNTY SUPERIOR COURT CAUSE NO. 53642: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 19; THENCE NORTHERLY FOLLOWING ALONG THE WESTERLY LINE OF SAID SECTION 19, FOR A DISTANCE OF 673.30 FEET TO THE POINT OF BEGINNING OF THIS LINE DESCRIPTION; THENCE EASTERLY AT RIGHT ANGLES TO THE WESTERLY LINE OF SAID SECTION 19 FOLLOWING ALONG AN EXISTING CORRAL FENCE AND THE PROJECTION OF SAID FENCE, FOR A DISTANCE OF 574.00 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF THE WEST 574.00 FEET OF THE SOUTH 12 ACRES OF GOVERNMENT LOT 4; THENCE NORTHERLY FOLLOWING ALONG SAID EASTERLY LINE, FOR A DISTANCE OF 72.35 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF THE SAID SOUTH 12 ACRES; THENCE EASTERLY FOLLOWING ALONG SAID NORTHERLY LINE, FOR A DISTANCE OF 162.61 FEET, MORE OR LESS, TO AN INTERSECTION WITH THE EASTERLY LINE OF GOVERNMENT LOT 4, SAID POINT BEING THE TERMINUS OF THIS LINE DESCRIPTION; EXCEPT RIGHT OF WAY FOR DELTA LINE ROAD LYING ALONG THE WEST LINE THEREOF. SITUATE IN WHATCOM COUNTY, WASHINGTON. More commonly known as: 8120 DELTA LINE RD, CUSTER, WA 98240-0000 which is subject to that certain Deed of Trust dated 6/15/1998, recorded 6/24/1998, under 1980603992 records of WHATCOM County, Washington , from JOHN H. KELLN, AND VICKI S. KELLN, HUSBAND AND WIFE , as Grantor(s), to CHICAGO TITLE INSURANCE COMPANY , as Trustee, to secure an obligation in favor of COUNTRYWIDE HOME LOANS, INC. , as Beneficiary, the beneficial interest in which was subsequently assigned to BANK OF AMERICA, N.A. under and assignment recorded under Auditors File Number
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 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: $74,707 .32
IV.
The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $101,653.68 , together with interest as provided in the Note from 1/1/2011 on, and such other costs and fees 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 11/28/2016 . The defaults referred to in Paragraph III must be cured by 11/17/2016 (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 11/17/2016 (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 cashiers or certified checks from a State or federally chartered bank. The sale may be terminated any time after the 11/17/2016 (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 and Grantor at the following address( es ): NAME JOHN H. KELLN, AND VICKI S. KELLN, HUSBAND AND WIFE ADDRESS 8120 DELTA LINE RD, CUSTER, WA 98240-0000 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. These requirements were completed as of 6/4/2015 .
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. NOTICE TO OCCUPANTS OR TENANTS – The purchaser at the Trustee’s Sale is entitled to possession of the property on the 20 th 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 20 th 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 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: 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 . If the sale is set aside for any reason, including if the Trustee is unable to convey title, the Purchaser at the sale shall be entitled only to a return of the monies paid to the Trustee. This shall be the Purchaser’s sole and exclusive remedy. The purchaser shall have no further recourse against the Trustor, the Trustee, the Beneficiary, the Beneficiary’s Agent, or the Beneficiary’s Attorney. 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 note holders right’s against the real property only. QUALITY MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. Dated: 7/13/2016 Quality Loan Service Corp. of Washington, as Trustee By: Rhianna Watson, Assistant Secretary Trustee’s Mailing Address: Quality Loan Service Corp. of Washington C/O Quality Loan Service Corp. 411 Ivy Street, San Diego, CA 92101 (866) 645-7711 Trustee’s Physical Address: Quality Loan Service Corp. of Washington 108 1 st Ave South, Suite 202 Seattle, WA 98104 (866) 925-0241 Sale Line: 800-280-2832 Or Login to: http://wa.qualityloan.com TS No.: WA-15-670139-SW IDSPub #0111480 10/26/2016 11/16/2016
Published by Ferndale Record
October 26 and November 16, 2016.
