CITY OF FERNDALE
LEGAL
Ordinances of the City Council of the City of Ferndale, Washington, passed at the Council meeting of November 21, 2016
Ordinance #1971
An ordinance setting the 2017 property tax levy rate
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
November 23, 2016
Ferndale Record
Published by Ferndale Record
November 23, 2016.
LEGAL
NOTICE OF PUBLIC HEARING
The City of Ferndale City Council 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 City Council meeting will be held beginning at 6:00 p.m. on Monday, December 5, 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 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) 685-2368.
DATE OF NOTICE:
November 23, 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:
November 23, 2016 – December 5, 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
November 23, 2016.
LEGAL
NOTICE OF PUBLIC HEARING
The City of Ferndale City Council 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 Council meeting will be held beginning at 6:00 p.m. on Monday December 5, 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 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) 685-2368.
DATE OF NOTICE:
November 23, 2016
APPLICANT:
City of Ferndale
PROJECT LOCATION:
Citywide
PROJECT DESCRIPTION:
The City of Ferndale proposes the following Zoning Text Amendments, to be considered at a public hearing on December 5, 2016.
All proposed changes are intended to identify (and if practical, remove) barriers to “Low Impact” stormwater development and may also include additional updates to individual chapters:
Ferndale Municipal Code (FMC) 18.72 General and Specific Regulations all zone:
Proposed changes include modified language for fence height standards City wide, setback requirements off easements and minor code scrub items.
Ferndale Municipal Code (FMC) 18.12 Administration and Enforcement:
Modify chapter to accurately cite the codification of Hearing Examiner rules of procedure. Reference to adopted Hearing Examiner rules of procedure is currently made to FMC 14.05, where those rules are adopted by reference. Staff proposes referencing FMC 14.17, a new chapter that would be created for this purpose.
REQUESTED ACTION(S):
The City of Ferndale requests approval of an amendment to the Ferndale Municipal Code
PUBLIC COMMENT PERIOD:
November 23 – December 5, 2016
CONTACT:
Haylie Miller, Assistant Planner
City of Ferndale
P.O. Box 936
Ferndale, WA 98248
(360) 685-2368
[email protected]
Published by Ferndale Record
November 23, 2016.
LEGAL
NOTICE OF PUBLIC HEARING
The City of Ferndale City Council 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 City Council meeting will be held beginning at 6:00 p.m. on Monday, December 5, 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 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) 685-2368.
DATE OF NOTICE:
November 23, 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:
November 23, 2016 – December 5, 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
November 23, 2016.
NOTICE TO CREDITORS
LEGAL
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM
In re the Matter and Estate of:
LEONA J. KNAPP,
Deceased. No. 16-4-00595-4
PROBATE NOTICE TO CREDITORS
RCW 11.40.030
The Personal Representative named below has been appointed as Personal Representative of this estate. Any person having a claim against the decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the Personal Representative or the Personal Representative’s attorney at the address stated below a copy of the claim and filing the original of the claim with the court in which the probate proceedings were commenced. The claim must be presented within the later of: (1) Thirty days after the Personal Representative served or mailed the notice to the creditor as provided under RCW 11.40.020(1)(c); or (2) four months after the date of first publication of the notice. If notice was not provided under RCW Chapters 11.40 or 11.42, the creditor must present the claim within twenty-four months after the decedent’s date of death. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the decedent’s probate and nonprobate assets.
Date of Filing Notice to Creditors: November 9, 2016
Date of first publication: November 16, 2016
Gwena D. Terry, Personal Representative
Presented by:
Law Offices of Roger L. Ellingson, P.S.
Roger L. Ellingson, WSBA #19292
Attorney for Personal Representative
PO Box 1258 / 289 H Street
Blaine, WA 98231-1258
(360) 332-7000; Fax: (360) 332-6677
Published in Ferndale Record: November 16th, 23rd, & 30th
Published by Ferndale Record
November 16, 23, 30, 2016.
TRUSTEE’S SALE
LEGAL
NOTICE OF TRUSTEE’S SALE Pursuant to the Revised Code of Washington 61.24, et seq. TS No.: WA-16-706669-AJ APN No.: 126124/4002260823210000 Title Order No.: 8625443 Deed of Trust Grantor(s): TODD H. WOLFE, SUSAN WOLFE Deed of Trust Grantee(s): WELLS FARGO HOME MORTGAGE, INC. Deed of Trust Instrument/Reference No.: 2030604851
I.
NOTICE IS HEREBY GIVEN that Quality Loan Service Corp. of Washington, the undersigned Trustee, will on 12/2/2016 , at 10:00 AM at the main entrance to the Whatcom County Courthouse, 311 Grand Avenue, Bellingham, WA 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 15, BLOCK 1, RATHBONE PARK, DIVISION NO. 2, WHATCOM COUNTY, WASHINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGES 85 AND 86, RECORDS OF SAID COUNTY AND STATE. More commonly known as: 838 PARKLYN WAY, FERNDALE, WA 98248 which is subject to that certain Deed of Trust dated 6/17/2003, recorded 6/23/2003, under 2030604851 records of WHATCOM County, Washington , from TODD H. WOLFE, A MARRIED PERSON SUSAN WOLFE, NON-BORROWING SPOUSE , as Grantor(s), to FIRST AMERICAN TITLE INSURANCE , as Trustee, to secure an obligation in favor of WELLS FARGO HOME MORTGAGE, INC. , as Beneficiary, the beneficial interest in which was subsequently assigned to Wells Fargo Bank, NA
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: $15,732.55
IV.
The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $116,435.02 , together with interest as provided in the Note from 10/1/2015 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 12/2/2016 . The defaults referred to in Paragraph III must be cured by 11/21/2016 (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 11/21/2016 (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 11/21/2016 (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 TODD H. WOLFE, A MARRIED PERSON SUSAN WOLFE, NON-BORROWING SPOUSE ADDRESS 838 PARKLYN WAY, FERNDALE, WA 98248 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 4/11/2016 .
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: 7/12/2016 Quality Loan Service Corp. of Washington, as Trustee By: Tricia Willis, 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: 916-939-0772 Or Login to: http://wa.qualityloan.com TS No.: WA-16-706669-AJ IDSPub #0111374 11/2/2016 11/23/2016
Ferndale Record
November 2 and 23, 2016.
LEGAL
File No.: Trustee: 7023.116436 Northwest Trustee Services, Inc. Grantors: Glen Baker and Karen M. Baker, husband and wife Grantee: Wells Fargo Bank, N.A. Ref to DOT Auditor File No.: 2071100818 Tax Parcel ID No.: 131445 / 400317-400101-0000 Abbreviated Legal: PTN SW SE, W.M., 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 December 23, 2016, at 9:00 AM. Whatcom County Courthouse, 311 Grand Ave., Main Entrance 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: The West 8 rods of the East 24 rods of the North 10 rods of the following described property, to-wit; the South 30 acres of the Southwest Quarter of the Southeast Quarter; except Cedar Drive, in Section 17, Township 40 North, Range 3 East of W.M. Commonly known as: 105 East Cedar Drive Lynden, WA 98264 which is subject to that certain Deed of Trust dated 11/01/07, recorded on 11/07/07, under Auditor’s File No. 2071100818, records of WHATCOM County, Washington, from Glen Baker and Karen M. Baker, husband and wife, as Grantor, to Chicago Title Insurance Company, as Trustee, to secure an obligation “Obligation” in favor of Mortgage Electronic Registration Systems, Inc. as designated nominee for Peoples Bank – Cordata, beneficiary of the security instrument, its successors and assigns, as Beneficiary, the beneficial interest in which was assigned by Mortgage Electronic Registration Systems, Inc. (“MERS”), as designated nominee for Peoples Bank – Cordata, beneficiary of the security instrument, its successors and assigns to Wells Fargo Bank, N.A., under an Assignment/Successive Assignments recorded under Auditor’s File No. 2016-0702801. *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 08/09/2016. If reinstating after this date, please contact NWTS for the exact reinstatement amount. Monthly Payments $24,280.70 Late Charges $554.92 Lender’s Fees & Costs $0.00 Total Arrearage $24,835.62 Trustee’s Expenses (Itemization) Trustee’s Fee $810.00 Title Report $897.90 Statutory Mailings $11.16 Recording Costs $17.00 Postings $80.00 Sale Costs $0.00 Total Costs $1,816.06 Total Amount Due: $26,651.68 Other known defaults as follows:
IV.
The sum owing on the Obligation is: Principal Balance of $233,871.28, together with interest as provided in the note or other instrument evidencing the Obligation from 09/01/15, 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 December 23, 2016. 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 12/12/16 (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 12/12/16 (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 12/12/16 (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 Glen Baker 105 East Cedar Drive Lynden, WA 98264 Karen M. Baker aka Karen Margaret Baker 105 East Cedar Drive Lynden, WA 98264 by both first class and certified mail, return receipt requested on 06/13/16, proof of which is in the possession of the Trustee; and on 06/13/16 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: Vonnie McElligott (425) 586-1900. (TS# 7023.116436) 1002.287381-File No.
Published by Ferndale Record
November 23 and December 14, 2016.
LEGAL
NOTICE OF TRUSTEE’S SALE Pursuant to the Revised Code of Washington 61.24, et seq. TS No.: WA-12-503590-SH APN No.: 400136 045360 0000 Title Order No.: 120101374-WA-GSI Deed of Trust Grantor(s): KEVIN A. FARMER, TRACY F. FARMER Deed of Trust Grantee(s): WELLS FARGO BANK, N.A. Deed of Trust Instrument/Reference No.: 2051201044
I.
NOTICE IS HEREBY GIVEN that Quality Loan Service Corp. of Washington, the undersigned Trustee, will on 12/23/2016 , 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 24, EXCEPT THE WEST TRACTS IN THE SOUTHWEST CORNER SOLD TO BEHME DESCRIBED UNDER AUDITOR’S FILE NOS. 907455 AND 1037907 AND EXCEPT THE WEST 50 FEET OF THE NORTH 100 FEET OF LOT 24 AND EXCEPT PORTION TO STATE HIGHWAY DESCRIBED UNDER AUDITOR’S FILE NO. 894529; ALSO EXCEPT ALL THAT PORTION DESCRIBED AS FOLLOWS: A PORTION OF LOT 24 AND OF THE SOUTH ONE-HALF OF THAT VACATED 60 FOOT PLATTED ROAD RIGHT-OF-WAY LYING NORTH OF SAID LOT 24, “SUBDIVISION OF THE NORTH HALF OF SCHOOL SECTION 36, TOWNSHIP 40 NORTH, RANGE 1 EAST OF THE W.M.; ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 50, RECORDS OF WHATCOM COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE WEST 50 FEET OF THE NORTH 100 FEET OF SAID LOT 24 AS DESCRIBED UNDER AUDITOR’S FILE NO. 1970703150; THENCE SOUTH 89º55’26” EAST ALONG THE SOUTH LINE OF SAID TRACT FOR A DISTANCE OF 50.00 FEET; THENCE NORTH 00º34’46” EAST ALONG THE EAST LINE OF SAID TRACT FOR A DISTANCE OF 100.00 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID LOT 24; THENCE NORTH 89º55’26” WEST ALONG THE NORTH LINE OF SAID TRACT FOR A DISTANCE OF 50.00 FEET TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 00º34’46” EAST ALONG THE PROJECTED WEST LINE OF SAID LOT 24 FOR A DISTANCE OF 13.04 FEET; THENCE SOUTH 87º43’27” EAST PARALLEL WITH AN EXISTING FENCE LINE FOR A DISTANCE OF 125.05 FEET; THENCE SOUTH 00º34’46” WEST PARALLEL WITH THE WEST LINE OF SAID LOT 24 FOR A DISTANCE OF 243.04 FEET TO AN INTERSECTION WITH THE NORTHERLY LINE OF THAT TRACT AS DESCRIBED UNDER AUDITOR’S FILE NO. 964904; THENCE NORTH 70º00’07” WEST ALONG SAID NORTHERLY LINE FOR A DISTANCE OF 132.53 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID LOT 24; THENCE NORTH 00º34’46” EAST ALONG SAID WEST LINE FOR DISTANCE OF 89.63 FEET TO THE POINT OF BEGINNING. SITUATE IN COUNTY OF WHATCOM, STATE OF WASHINGTON. NOTE FOR INFORMATIONAL PURPOSES ONLY: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. LOT 24 OF SCHOOL SEC 36, TYON, RIE OF W.M. More commonly known as: 2875 MAIN STREET, CUSTER, WA 98240 which is subject to that certain Deed of Trust dated 11/9/2005, recorded 12/6/2005, under 2051201044 records of WHATCOM County, Washington , from KEVIN A. FARMER AND TRACY F. FARMER, HUSBAND AND WIFE , as Grantor(s), to NORTHWEST TRUSTEE SERVICES, LLC , as Trustee, to secure an obligation in favor of WELLS FARGO BANK, N.A. , as Beneficiary, the beneficial interest in which was subsequently assigned to Wells Fargo Bank, NA under an 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: $132,702.57
IV.
The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $255,813.10 , together with interest as provided in the Note from 8/1/2010 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 12/23/2016 . The defaults referred to in Paragraph III must be cured by 12/12/2016 (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 12/12/2016 (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 12/12/2016 (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 KEVIN A. FARMER AND TRACY F. FARMER, HUSBAND AND WIFE ADDRESS 2875 MAIN STREET, CUSTER, WA 98240 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 6/25/2015 .
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: 8/16/2016 Quality Loan Service Corp. of Washington, as Trustee By: Tricia Willis, 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-12-503590-SH IDSPub #0113323 11/23/2016 12/14/2016
Published by Ferndale Record
November 23 and December 14, 2016.
LEGAL
NOTICE OF TRUSTEE’S SALE Pursuant to the Revised Code of Washington 61.24, et seq. TS No.: WA-16-706879-SW APN No.: 150927/4051233411930000 Title Order No.: 8625930 Deed of Trust Grantor(s): DYMOND R NICON Deed of Trust Grantee(s): MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) AS NOMINEE FOR HOMESTONE MORTGAGE, INC. Deed of Trust Instrument/Reference No.: 2070301008
I.
NOTICE IS HEREBY GIVEN that Quality Loan Service Corp. of Washington, the undersigned Trustee, will on 12/23/2016 , 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 39, PLAT OF BIRCH BAY VILLAGE, DIVISION NO. 11-C AS PER THE MAP THEREOF, RECORDED IN VOLUIME 13 OF PLATS, PAGE 73, 74 AND 75, IN THE AUDITOR’S OFFICE OF SAID COUNTY AND STATE. SITUATE IN WHATCOM COUNTY, WASHINGTON. More commonly known as: 8268 COWICHAN RD, BLAINE, WA 98230 which is subject to that certain Deed of Trust dated 3/6/2007, recorded 3/8/2007, under 2070301008 records of WHATCOM County, Washington , from DYMOND R NICON, A SINGLE MAN , as Grantor(s), to CHICAGO TITLE , as Trustee, to secure an obligation in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) AS NOMINEE FOR HOMESTONE MORTGAGE, INC. , as Beneficiary, the beneficial interest in which was subsequently assigned to Federal National Mortgage Association (“Fannie Mae”), a corporation organized and existing under the laws of the United States of America under an assignment recorded under Auditors File Number 2150503668 XXX XXX
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: $51,362.64
IV.
The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $265,443.98 , together with interest as provided in the Note from 11/1/2013 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 12/23/2016 . The defaults referred to in Paragraph III must be cured by 12/12/2016 (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 12/12/2016 (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 12/12/2016 (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 DYMOND R NICON, A SINGLE MAN ADDRESS 8268 COWICHAN RD, BLAINE, WA 98230 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 6/8/2016 .
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: 8/10/2016 Quality Loan Service Corp. of Washington, as Trustee By: Lauren Esquivel, 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-16-706879-SW IDSPub #0113059 11/23/2016 12/14/2016
Published by Ferndale Record
November 23 and December 14, 2016.
