CITY OF FERNDALE
LEGAL
LEGAL NOTICE
City of Ferndale
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Ferndale City Council will hold a public hearing on Monday, February 20, 2017, beginning at 6 p.m. at the Ferndale City Council Chambers located at 5694 Second Avenue, Ferndale, Washington, to consider the following:
Non-exclusive Franchise Agreement with Astound Broadband, LLC DBA WAVE for the transmission of telecommunications in, through, over and under the rights-of-way of the City of Ferndale.
All persons are encouraged to attend and enter testimony, either written or oral.
Susan Duncan, CMC
City Clerk
Published by Ferndale Record
February 8 and 15, 2017.
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:
ST. ELMO ABERNATHY, III,
Deceased. No. 17-4-00028-4
PROBATE NOTICE TO CREDITORS
RCW 11.40.030
The Co-Personal Representatives named below has been appointed as Co-Personal Representatives 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 Co-Personal Representatives or the Co-Personal Representatives’ 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 Co-Personal Representatives 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: February 1, 2017
Date of first publication: February 1, 2017
Judith M. Goddard and Robert L. Abernathy, Co-Personal Representatives
Presented by:
Law Offices of Roger L. Ellingson, P.S.
Roger L. Ellingson, WSBA #19292
Attorney for Co-Personal Representatives
PO Box 1258 / 289 H Street
Blaine, WA 98231-1258
(360) 332-7000; Fax: (360) 332-6677
Published by Ferndale Record
February 1, 8 & 15, 2017.
SUMMONS BY PUBLICATION
LEGAL
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR WHATCOM COUNTY
JOSEPH ANDERSON, an unmarried man and CHARLES ANDERSON and LINDA ANDERSON, husband and wife
Plaintiffs,
v.
ESTATE OF CONSTANCE MASON, DECEASED, THE UNKNOWN HEIRS AND DEVISEES OF THE ESTATE OF CONSTANCE MASON, DECEASED, JACK GANT, an individual, SANDY MELLICK, an individual, LISA HILTON, an individual, KENNY GANT, an individual, BARBARA GALEN, an individual, THE CITY OF BLAINE, WASHINGTON, JOHN AND JANE DOES, Nos. 1 through 5, UNKNOWN OCCUPANTS OF THE SUBJECT REAL PROPERTY, and ALSO ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE REAL ESTATE DESCRIBED IN THE COMPLAINT HEREIN,
Defendants.
Case No. 16-2-01476-0
AMENDED SUMMONS
BY PUBLICATION
The State of Washington to the unknown Heirs and Devisees of the Estate of Constance Mason, Deceased, and All Other Persons or Parties Unknown Claiming Any Right, Title, Estate, Lien or Interest In or to real property described in the Amended Complaint herein, Defendants:
Each of you is hereby summoned to appear within sixty days after the date of the first publication of this summons, which date was January 18, 2017, and defend this action in the above entitled court. You are to answer the amended complaint of the plaintiffs and serve a copy of your answer upon the undersigned attorney for the plaintiffs, at her office below stated. In case of your failure to do so, judgment will be rendered against you according to the demands of the amended complaint, which has been filed with the Clerk of the Court.
The object of this action is to foreclosure a deed of trust recorded against the real property described in the Complaint.
DATED this 12th day of January, 2017.
BARRON SMITH DAUGERT, PLLC
/s/ Sallye Quinn
Sallye Quinn, WSBA No. 28695
Of Attorneys for Plaintiffs
Published by Ferndale Record
January 18 & 25 and February 1, 8, 15 & 22, 2017.
TRUSTEE’S SALE
LEGAL
ORIGINAL TRUSTEE SALE RECORDED ON 11/14/2016 IN THE OFFICE OF THE WHATCOM COUNTY RECORDER. NOTICE OF TRUSTEE’S SALE AFC #:16-118763 Title Order No.:8646381
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee, AZTEC FORECLOSURE CORPORATION OF WASHINGTON will on March 17, 2017, at the hour of 9:00 am at Whatcom County Courthouse (Main Entrance), 311 Grand Ave., Bellingham, WA, State of Washington, sell at public auction to the highest and best bidder, payable at time of sale, the following described real property, situated in the County of Whatcom, State of Washington, to-wit: LOT 86, SUDDEN VALLEY DIVISION 4, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 10 OF PLATS, PAGE (S) 40, 41, AND 42, RECORDS OF WHATCOM COUNTY, WASHINGTON. SITUATE IN THE WHATCOM COUNTY, WASHINGTON. Abbrev. Legal: Lot 86, Sudden Valley, a plat more correctly described as Lot 86, Sudden Valley, Div. 4 V 10 / P 40-42 (Plat), Whatcom County Tax Parcel No.: 3704064071230000 Commonly known as: 79 Sudden Valley Dr, Bellingham, WA 98229 which is the subject of that certain Deed of Trust dated December 17, 2008, recorded December 29, 2008, under Auditor’s File No. 2081202528, records of Whatcom County, Washington, from Douglas W Clark, and Katie L Clark, Husband and Wife as Grantor, to Recon Trust Company as Trustee, to secure an obligation in favor of Mortgage Electronic Registration Systems, Inc. (“MERS”) as nominee for Countrywide Bank, FSB its successors and assigns as Beneficiary, which as assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Bank, FSB its successors and assigns to Nationstar Mortgage LLC under an assignment recorded at Instrument No. 2150501689.
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.
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: Monthly payments in the amount(s) of $2,352.08 from December 1, 2013 through July 1, 2016 and $2,341.88 from August 1, 2016 through November 1, 2016 together with all fees, costs and or disbursements incurred or paid by the beneficiary and or trustee, their employees, agents or assigns. The Trustee’s fees and costs are estimated at $2,582.64 as of November 10, 2016. The amount to cure the default payments as of the date of this notice is $87,401.94. Payments and late charges may continue to accrue and additional advances to your loan may be made. It is necessary to contact the beneficiary or Trustee prior to the time you tender the reinstatement amount so that you may be advised of the exact amount you would be required to pay.
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal Balance $315,735.51, together with interest in the Note or other instrument secured from November 1, 2013, and such other costs and fees as are due under the Note or other instrument secured, and as are provided by statute. The amount necessary to pay off the entire obligation secured by your Deed of Trust as the date of this notice is $384,845.95. Interest and late charges may continue to accrue and additional advances to your loan may be made. It is necessary to contact the beneficiary or Trustee prior to the time you tender the payoff amount so that you may be advised of the exact amount you would be required to pay.
V.
The above-described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. The sale will be made without warranty express or implied regarding title, possession, or encumbrances on March 17, 2017. 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 March 6, 2017 (11 days before the sale date), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before March 6, 2017 (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 March 6, 2017 (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 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 addresses: Douglas W Clark 79 Sudden Valley Dr Bellingham, WA 98229 Katie L Clark 79 Sudden Valley Dr Bellingham, WA 98229 Douglas W Clark 1658 Sudden Vly Bellingham, WA 98229 Katie L Clark 1658 Sudden Vly Bellingham, WA 98229 Douglas W Clark 79 Sudden Valley Dr SE Bellingham, WA 98229 Katie L Clark 79 Sudden Valley Dr SE Bellingham, WA 98229 Douglas W Clark 79 Sudden Vly Bellingham, WA 98229 Katie L Clark 79 Sudden Vly Bellingham, WA 98229 by both first class and certified mail on June 15, 2016 proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on June 15, 2016 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.
VII.
The Trustee whose name and address are set forth above, and whose telephone number is (360) 253-8017 / (877) 430-4787 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 an 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 61.24.60. XI. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 DAYS from the recording date on 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) or 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 or National 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 or Web site: http://nwjustice.org/what-clear XII. A list of the persons this Notice was sent to is attached hereto as exhibit “A”. EXHIBIT “A” Douglas W Clark 79 Sudden Valley Dr Bellingham, WA 98229 Katie L Clark 79 Sudden Valley Dr Bellingham, WA 98229 Douglas W Clark 1658 Sudden Vly Bellingham, WA 98229 Katie L Clark 1658 Sudden Vly Bellingham, WA 98229 Douglas W Clark 79 Sudden Valley Dr SE Bellingham, WA 98229 Katie L Clark 79 Sudden Valley Dr SE Bellingham, WA 98229 Douglas W Clark 79 Sudden Vly Bellingham, WA 98229 Katie L Clark 79 Sudden Vly Bellingham, WA 98229 Occupant(s) 79 Sudden Valley Dr Bellingham, WA 98229 XIII. FAIR DEBT COLLECTION PRACTICES ACT NOTICE: AZTEC FORECLOSURE CORPORATION OF WASHINGTON is attempting to collect a debt and any information obtained will be used for that purpose. If a discharge has been obtained by any party through bankruptcy proceedings, this shall not be construed to be an attempt to collect the outstanding indebtedness or to hold you personally liable for the debt. DATED this 11th day of November, 2016 AZTEC FORECLOSURE CORPORATION OF WASHINGTON By: Amy Connolly Asst V.P. / Assistant Sec. 3636 N. Central Ave., Suite 400 Phoenix, AZ 85012 (360) 253-8017 / (877) 430-4787 ADDRESS FOR PERSONAL SERVICE Aztec Foreclosure Corporation of Washington 1499 SE Tech Center Place, Suite 255 Vancouver, WA 98683 STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) This instrument was acknowledged before me this 11th day of November, 2016, by Amy Connolly, Asst V.P. / Assistant Sec. Adriana Armijo Notary Public in and for the State of Arizona My Commission Expires: 11/8/2019 OFFICIAL SEAL ADRIANA ARMIJO Notary Public – Arizona MARICOPA COUNTY My Commission Expires NOVEMBER 8, 2019 NPP0296403 To: FERNDALE RECORD 02/15/2017, 03/08/2017
Published by Ferndale Record
February 15 and March 8, 2017.
LEGAL
File No.: Trustee: 8308.20763 Northwest Trustee Services, Inc. Grantors: James V. Bremer and Corrie A. Bremer, Trustees, or any acting successor, under the Bremer Living Trust, dated October 9, 2006 Grantee: PennyMac Corp. Ref to DOT Auditor File No.: 2060801482 modified and recorded 10/23/2007 under Auditor’s File No. 2071003052 Tax Parcel ID No.: 370327 322396 0000 / PID #27697 Abbreviated Legal: LOT A, PHIL AND DEE’S LLA, V. 22, P. 9, WHATCOM COUNTY, WASHINGTON 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 March 17, 2017, at 10:00 AM. inside the main lobby of the Whatcom County Courthouse, 311 Grand Avenue in the City of Bellingham, State of Washington, the undersigned Trustee (subject to any conditions imposed by the Trustee) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property “Property”, situated in the County(ies) of Whatcom, State of Washington: Lot A, as delineated on Phil and Dee’s Lot Line Adjustment, according to the Plat thereof, recorded in Volume 22 of Short Plats, Page 9, under Auditor’s File No. 900913062, Records of Whatcom County, Washington. Commonly known as: 961 West Lake Samish Drive Bellingham, WA 98229 which is subject to that certain Deed of Trust dated 08/03/06, recorded on 08/09/06, under Auditor’s File No. 2060801482 modified and recorded 10/23/2007 under Auditor’s File No. 2071003052, records of Whatcom County, Washington, from James V. Bremer and Corrie A. Bremer, husband and wife, as Grantor, to First American Title, as Trustee, to secure an obligation “Obligation” in favor of Mortgage Electronic Registration Systems, Inc. as designated nominee for GreenPoint Mortgage Funding, Inc., beneficiary of the security instrument, its successors and assigns, as Beneficiary, the beneficial interest in which was assigned by Residential Funding Company, LLC f/k/a Residential Funding Corporation to PennyMac Corp., under an Assignment/Successive Assignments recorded under Auditor’s File No. 2016-0302996. *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 11/9/2016. If reinstating after this date, please contact NWTS for the exact reinstatement amount. Monthly Payments $298,563.36 Lender’s Fees & Costs $15,757.65 Total Arrearage $314,321.01 Trustee’s Expenses (Itemization) Trustee’s Fee $1,125.00 Title Report $1,795.72 Statutory Mailings $33.48 Recording Costs $47.00 Postings $80.00 Total Costs $3,081.20 Total Amount Due: $317,402.21 Other known defaults as follows:
IV.
The sum owing on the Obligation is: Principal Balance of $710,673.93, together with interest as provided in the note or other instrument evidencing the Obligation from 03/01/10, 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 March 17, 2017. 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 03/06/17 (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 03/06/17 (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 03/06/17 (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 James V. Bremer 961 West Lake Samish Drive Bellingham, WA 98229 Corrie A. Bremer 961 West Lake Samish Drive Bellingham, WA 98229 James V. Bremer 665 West Lake Samish Drive Bellingham, WA 98229-9370 Corrie A. Bremer 665 West Lake Samish Drive Bellingham, WA 98229-9370 James V. Bremer and Corrie A. Bremer, Trustees of The Bremer Living Trust dated October 9, 2006 961 West Lake Samish Drive Bellingham, WA 98229 James V. Bremer and Corrie A. Bremer, Trustees of The Bremer Living Trust dated October 9, 2006 665 West Lake Samish Drive Bellingham, WA 98229-9370 by both first class and certified mail, return receipt requested on 07/29/16, proof of which is in the possession of the Trustee; and on 07/30/16 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. Bremer, James V. and Corrie A. (TS# 8308.20763) 1002.287997-File No.
Published by Ferndale Record
February 15 and March 8, 2017.
LEGAL
NOTICE OF TRUSTEE’S SALE Pursuant to the Revised Code of Washington 61.24, et seq. TS No.: WA-16-701851-SW APN No.: 43727/3802052513060000 Title Order No.: 8624150 Deed of Trust Grantor(s): LONA WAY Deed of Trust Grantee(s): MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) AS NOMINEE FOR AMERICA’S WHOLESALE LENDER Deed of Trust Instrument/Reference No.: 2060500555
I.
NOTICE IS HEREBY GIVEN that Quality Loan Service Corp. of Washington, the undersigned Trustee, will on 3/17/2017 , 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: LOTS 25,26 AND 27, INCLUSIVE, PLAT OF MARIETTA GARDEN FRAME, AS PER THE MAP THEREOF, RECORDED IN VOLUME 6 OF PLATS, PAGE 3, RECORDS OF WHATCOM COUNTY, WASHINGTON. SITUATE IN WHATCOM COUNTY, WASHINGTON. More commonly known as: 1913 RAYHORST RD, FERNDALE, WA 98248 which is subject to that certain Deed of Trust dated 4/27/2006, recorded 5/3/2006, under Instrument No. 2060500555 records of WHATCOM County, Washington , from LONA WAY, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY , as grantor(s), to CHICAGO TITLE , as original trustee, to secure an obligation in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) AS NOMINEE FOR AMERICA’S WHOLESALE LENDER , as original beneficiary, the beneficial interest in which was subsequently assigned to U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust , the Beneficiary, under an assignment recorded under Auditors File Number 213040381 9
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: $86,210 .67 .
IV.
The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $266,806.38 , together with interest as provided in the Note from 12/1/2013 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 3/17/2017 . The defaults referred to in Paragraph III must be cured by 3/6/2017 (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 3/6/2017 (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 3/6/2017 (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 1/6/2015 .
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.
X.
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 . Additional disclaimers 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. QUALITY MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE Dated: 11/4/2016 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: 916-939-0772 or Logi n to: http://wa.qualityloan.com Trustee Sale Number: WA-16-701851-SW State of: ____ California ____) County of: ___ San Diego ___) On before me, ies ), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of WITNESS my hand and official seal. ( Seal) Signature IDSPub #0117815 2/15/2017 3/8/2017
Published by Ferndale Record
February 15 and March 8, 2017.
LEGAL
NOTICE OF TRUSTEE’S SALE Pursuant to the Revised Code of Washington 61.24, et seq. TS No.: WA-16-700699-SW APN No.: 370407 508547 0000 Title Order No.: 160020807-WA-MSI Deed of Trust Grantor(s): ZAY SMITH Deed of Trust Grantee(s): MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR COUNTRYWIDE BANK, FSB Deed of Trust Instrument/Reference No.: 2090201585
I.
NOTICE IS HEREBY GIVEN that Quality Loan Service Corp. of Washington, the undersigned Trustee, will on 3/17/2017 , at 9:00:00 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 181, “SUDDEN VALLEY, DIVISION NO. 2,” ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 10 OF PLATS, PAGES 17, 18 AND 19, RECORDS OF WHATCOM COUNTY, WASHINGTON. SITUATE IN WHATCOM COUNTY, WASHINGTON. More commonly known as: 8 ROCKY RIDGE DR, BELLINGHAM, WA 98229 which is subject to that certain Deed of Trust dated 2/10/2009, recorded 2/12/2009, under Instrument No. 2090201585 records of WHATCOM County, Washington , from ZAY SMITH, AN UNMARRIED MAN , as grantor(s), to RECON TRUST COMPANY, N.A. , as original trustee, to secure an obligation in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR COUNTRYWIDE BANK, FSB , as original beneficiary, the beneficial interest in which was subsequently assigned to BANK OF AMERICA, N.A. , the Beneficiary, under an assignment recorded under Auditors File Number 2141002085
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: $41,621.48 .
IV.
The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $194,117.58 , together with interest as provided in the Note from 7/1/2014 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 3/17/2017 . The defaults referred to in Paragraph III must be cured by 3/6/2017 (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 3/6/2017 (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 3/6/2017 (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 9/7/2016 .
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.
X.
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 . Additional disclaimers 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. QUALITY MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE Dated: 11/7/2016 Quality Loan Service Corp. of Washington, as Trustee By: Timothy Donlon, 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 Logi n to: http://wa.qualityloan.com Trustee Sale Number: WA-16-700699-SW State of: County of: On before me, I certify under PENALTY OF PERJURY under the laws of the State of WITNESS my hand and official seal. ( Seal) Signature IDSPub #0117945 2/15/2017 3/8/2017
Published by Ferndale Record
February 15 and March 8, 2017.