■ CITY OF FERNDALE
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, June 15, 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) 685-2367.
DATE OF NOTICE: June 1, 2016
APPLICANT: City of Ferndale
PROJECT LOCATION: Citywide
PROJECT DESCRIPTION:
– Public Hearing to consider adoption of the 2016 update to the Comprehensive Plan. The Planning Commission will consider whether to recommend that the Ferndale City Council adopt the Ferndale Comprehensive Plan at a subsequent public hearing, scheduled for June 20th, 2016. The 2016 Update includes:
o Introductory Element
o Utilities Element
o Transportation Element
o Capital Facilities Element
o Housing Element
o Land Use Element
– In addition, the Planning Commission will consider a change to the Official Land Use Map, changing the land use designation from Medium Density Residential to High Density Residential for approximately .9 acres of land within the 5700 block of Legoe Avenue, Assessor’s Tax Parcel Number 390219424100.
REQUESTED ACTION(S): The City of Ferndale requests approval of an amendment to the Ferndale Comprehensive Plan
PUBLIC COMMENT PERIOD: June 1, 2016 – June 15, 2016
CONTACT: Jori Burnett, Community Development Director
City of Ferndale
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
Published by Ferndale Record
June 1, 2016.
■ PUBLIC NOTICE
LEGAL
THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM
Sunday Harbor Community Association,
a Washington non-profit corporation,
Plaintiff,
vs.
Gregory J. Babcock and Jane Doe Babcock, husband and wife, and the marital community thereof; and any unknown party claiming any interest in the real property that is the subject of this proceeding,
Defendants.
NO: 16 2 00469 1
SUMMONS BY PUBLICATION
Judge Raquel Montoya-Lewis
THE STATE OF WASHINGTON to the said Gregory J. Babcock and Jane Doe Babcock, husband and wife, and the marital community thereof.
YOU ARE HEREBY SUMMONED to appear within 60 days after the date of the first publication of this summons, to-wit, within 60 days after the 11th day of May, 2016, and defend the above entitled action in the above entitled court, and answer the complaint of the plaintiff, Sunday Harbor Community Association, and serve a copy of your answer upon the undersigned attorneys for plaintiff, Gregory E. Thulin, at his office below stated; and in case of your failure to do so, judgment will be rendered against you according to the demand of the complaint, which has been filed with the clerk of said court.
The purpose of this lawsuit is to foreclose a lien regarding the following described real property:
Lot 65, Plat of Sunday Harbor, Whatcom County, Washington, according to the plat thereof, recorded in Volume 10 of Plats, pages 22 and 23, records of Whatcom County, Washington.
Situate in Whatcom County, Washington.
TPN: 400106 255242 0000 / 114374
Dated this 3rd day of May, 2016.
Law Offices of Gregory E. Thulin, P.S.
/s/
Gregory E. Thulin, WSBA #21752
Attorney for Plaintiff
Published by Ferndale Record
May 11, 18, 25, and June 1, 8
and 15, 2016.
LEGAL
THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM
ROBERT M. CALOCA, a single person
Plaintiff,
vs.
BRONWYN N. FERENTZ, a single person
Defendant. Case No.: 16-2-00707-1
SUMMONS BY PUBLICATION FOR
COMPLAINT TO QUIET TITLE
TO: THE STATE OF WASHINGTON,
AND TO: BRONWYN N. FERENTZ, and any persons claiming any interest in the identified real property on behalf of Bronwyn N. Ferentz.
You are hereby summoned to appear within sixty days after the date of first publication of this Summons, to wit, within sixty days of May 11, 2016, and defend the above-entitled action in the above-entitled court, and answer the Complaint of the Plaintiff, and serve a copy of your Answer upon the undersigned attorney for Plaintiff at his office below stated. In case of your failure to do so, judgment will be rendered against you according to the demand of the Complaint, which has been filed with the Clerk of this court. Such action is to quiet title and extinguish Defendants’ interest in the real property legally described in the Complaint.
May 4, 2016
James R. Doran, WSBA #15107
Attorney for Plaintiff
100 E. Pine St. – Ste. 205
Bellingham, WA 98225
360-393-9506
Published by Ferndale Record
May 11, 18, 25, and June 1, 8
and 15, 2016.
LEGAL
Notice is hereby given that the Board of Fire Commissioners for Whatcom County Fire District #17 has, effective July 1, 2016 assumed authority for issuing burn permits and has approved rules and standards for issuance of such permits under RCW 52.12.101. Outdoor burning conducted in violation of these rules and standards can subject violators to criminal sanctions and other enforcement proceedings. Copies of the resolution and rules and standards are available upon request during normal business hours at the district office. 4332 Sucia Drive, Ferndale, Washington, 98248.
Published by Ferndale Record
May 18, 25, and June 1, 2016.
LEGAL
THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM
UNIT OWNERS ASSOCIATION OF PUGET STREET TOWNHOMES, a Condominium, a Washington non-profit corporation,
Plaintiff,
vs.
KATHLEEN ZINN, who acquired title as an unmarried woman, as her separate estate, and KATHLEEN ZINN and JOHN DOE ZINN, husband and wife, and the marital community thereof; INTERWEST BANK, A Washington corporation, now known as WELLS FARGO BANK, N.A., its successors and assigns; JACK CLIFTON; and any unknown party claiming any interest in the real property that is the subject of this proceeding,
Defendants.
NO: 16 2 00418 7
SUMMONS BY PUBLICATION
THE STATE OF WASHINGTON to the said Kathleen Zinn, who acquired title as an unmarried woman, as her separate estate, and Kathleen Zinn and John Doe, Zinn, her husband, and their marital community, if married; and to any unknown party claiming any interest in the real property that is the subject of this proceeding.
YOU ARE HEREBY SUMMONED to appear within 60 days after the date of the first publication of this summons, to-wit, within 60 days after the 1st day of June, 2016, and defend the above entitled action in the above entitled court, and answer the complaint of the plaintiff, Unit Owners Association of Puget Street Townhomes, and serve a copy of your answer upon the undersigned attorney for plaintiff, Gregory E. Thulin, at his office below stated; and in case of your failure to do so, judgment will be rendered against you according to the demand of the complaint, which has been filed with the clerk of said court.
The purpose of this lawsuit is to foreclose a lien regarding the following described real property:
Unit No. 5, Puget Street Townhomes, a Condominium, according to the Declaration thereof, recorded under Auditor’s File No. 960605170, and any amendments thereto, records of Whatcom County, Washington.
Situate in Whatcom County, Washington.
TPN:380332 199492 0005
PID:79410
DATED this 23rd day of June, 2016.
Law Offices of Gregory E. Thulin, P.S.
Gregory E. Thulin, WSBA #21752
Attorney for Plaintiff
Law Offices of Gregory E. Thulin, P.S.
2200 Rimland Drive, Suite 115
Bellingham, WA 98226
Published by Ferndale Record
June 1, 8, 15, 22, & 29 and July 6, 2016.
■ TRUSTEE’S SALE
LEGAL
TS No WA08001971-15-1 APN 390336 102485 0000 TO No 100606365-WA-MSI NOTICE OF TRUSTEE’S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ.
I.
NOTICE IS HEREBY GIVEN that on July 1, 2016, 10:00 AM, at main entrance Whatcom County Courthouse, 311 Grand Avenue, Bellingham, WA, MTC Financial Inc. dba Trustee Corps, the undersigned Trustee, will sell at public auction to the highest and best bidder, payable, in the form of cash, or cashier’s check or certified checks from federally or State chartered banks, at the time of sale the following described real property, situated in the County of Whatcom, State of Washington, to-wit: PARCEL A: LOT 1, TAMARA ANN SHORT PLAT, ACCORDING TO THE PLAT, THEREOF, RECORDED IN VOLUME 24 OF SHORT PLATS. PAGE 86, UNDER AUDITOR`S FILE NO. 911002123, RECORDS OF WHATCOM COUNTY, WASHINGTON. SITUATE IN WHATCOM COUNTY, WASHINGTON. PARCEL B: AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS DELINEATED ON THE FACE OF TAMARA ANN SHORT PLAT, ACCORDING TO THE PLAT THEREOF. RECORDED IN VOLUME 24 OF SHORT PLATS, PAGE 86, UNDER AUDITOR`S FILE NO. 911002123, RECORDS OF WHATCOM COUNTY, WASHINGTON. APN: 390336 102485 0000 More commonly known as 2181 EAST 52ND TERRACE, BELLINGHAM, WA 98226 which is subject to that certain Deed of Trust dated as of June 23, 2005, executed by KENNETH J. OFSHE AND KATIE C. OFSHE, HUSBAND AND WIFE as Trustor(s), to secure obligations in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”), as designated nominee for WHIDBEY ISLAND BANK, Beneficiary of the security instrument, its successors and assigns, recorded June 30, 2005 as Instrument No. 2050606485 and the beneficial interest was assigned to U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust and recorded July 8, 2015 as Instrument Number 2150700526 of official records in the Office of the Recorder of Whatcom County, Washington.
II.
No action commenced by U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust, the current Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrowers’ or Grantors’ default on the obligation secured by the Deed of Trust/Mortgage. Current Beneficiary: U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust Contact Phone No: 800-401-6587 Address: 13801 Wireless Way, Oklahoma City, OK 73134
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: DELINQUENT PAYMENT INFORMATION From May 1, 2009 To February 22, 2016 Number of Payments 39 $2,303.51 12 $2,032.50 12 $1,976.75 12 $1,941.69 7 $1,975.25 Total $175,074.92 LATE CHARGE INFORMATION May 1, 2009 February 22, 2016 $1,642.52 PROMISSORY NOTE INFORMATION Note Dated: June 23, 2005 Note Amount: $340,000.00 Interest Paid To: April 1, 2009 Next Due Date: May 1, 2009
IV.
The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $319,011.32, together with interest as provided in the Note or other instrument secured, and such other costs and fees as are due under the Note or other instrument secured, and as are provided by statute.
V.
The above described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. Said sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on July 1, 2016. The defaults referred to in Paragraph III must be cured by June 20, 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 June 20, 2016 (11 days before the sale) the default as set forth in Paragraph III is cured and the Trustees’ 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 June 20, 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.
VI.
A written Notice of Default was transmitted by the current Beneficiary, U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust or Trustee to the Borrower and Grantor at the following address(es): ADDRESS KATIE C OFSHE AKA KATIE CAROLINE KIPPENBROCK 2181 EAST 52ND TERRACE, BELLINGHAM, WA 98226KATIE C OFSHE AKA KATIE CAROLINE KIPPENBROCK 121 W. MAGNOLIA ST, BELLINGHAM, WA 98225KATIE C OFSHE AKA KATIE CAROLINE KIPPENBROCK 1920 OLD DENTON RD, CARROLLTON, TX 75006-3755KATIE C OFSHE AKA KATIE CAROLINE KIPPENBROCK 6515 CAMILLE AVE, DALLAS, TX 75252-5436KATIE C OFSHE AKA KATIE CAROLINE KIPPENBROCK PO BOX 793681, DALLAS, TX 75379KENNETH J. OFSHE AKA KENNETH OFSHE 2181 EAST 52ND TERRACE, BELLINGHAM, WA 98226KENNETH J. OFSHE AKA KENNETH OFSHE 121 W. MAGNOLIA ST, BELLINGHAM, WA 98225KENNETH J. OFSHE AKA KENNETH OFSHE 1920 OLD DENTON RD, CARROLLTON, TX 75006-3755KENNETH J. OFSHE AKA KENNETH OFSHE 6515 CAMILLE AVE, DALLAS, TX 75252-5436KENNETH J. OFSHE AKA KENNETH OFSHE PO BOX 793681, DALLAS, TX 75379KENNETH J. OFSHE AKA KENNETH OFSHE PO BOX 793681, DALLAS, TX 75379-3681 by both first class and certified mail on January 5, 2016, 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.
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 Trustees’ Sale.
X.
If the Borrower received a letter under RCW 61.24.031: 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 might 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: (877) 894-4663 or (800) 606-4819 Website: www.wshfc.org The United States Department of Housing and Urban Development: Telephone: (800) 569-4287 Website: www.hud.gov The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone: (800) 606-4819 Website: www.homeownership.wa.gov 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 the Unlawful Detainer Act, Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060; Dated: February 22, 2016 MTC Financial Inc. dba Trustee Corps, as Duly Appointed Successor Trustee By: Jessica Cimarusti, Authorized Signatory MTC Financial Inc. dba Trustee Corps 1700 Seventh Avenue, Suite 2100 Seattle WA 98101 Phone: (800) 409-7530 TDD: (800) 833-6388 For Reinstatement/Pay Off Quotes, contact MTC Financial Inc. DBA Trustee Corps TRUSTEE’S SALE INFORMATION CAN BE OBTAINED ONLINE AT www.insourcelogic.com. Order No. WA16-000005-2, Pub Dates 06/01/2016, 06/22/2016
Published by Ferndale Record
June 1 and 22, 2016.
LEGAL
ORIGINAL TRUSTEE SALE RECORDED ON 03/01/2016 IN THE OFFICE OF THE WHATCOM COUNTY RECORDER. NOTICE OF TRUSTEE’S SALE AFC #:15-117239 Title Order No.:8597959
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee, AZTEC FORECLOSURE CORPORATION OF WA will on July 1, 2016, at the hour of 10:00 AM At main entrance Whatcom County Courthouse, 311 Grand Avenue, 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 81, CASCADES WEST, WHATCOM COUNTY, WASHINGTON AS PER THE MAP THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGES 77 IN THE AUDITOR’S OFFICE OF WHATCOM COUNTY, WASHINGTON MORE CORRECTLY DESCRIBED AS: LOT 81, CASCADES WEST, WHATCOM COUNTY, WASHINGTON AS PER THE MAP THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGES 77-79 IN THE AUDITOR’S OFFICE OF WHATCOM COUNTY, WASHINGTON Abbrev. Legal: LOT 81, CASCADES WEST, VOL. 10, P. 77-79, WHATCOM COUNTY Tax Parcel No.: 400630-376032-0000 Commonly known as: 7715 Shuksan Court, Maple Falls, WA 98266 which is the subject of that certain Deed of Trust dated April 8, 2008, recorded April 17, 2008, under Auditor’s File No. 2080402483, records of Whatcom County, Washington, from Jeffrey A Walton and Jennifer A Walton as Grantor, to First American Title Ins Co as Trustee, to secure an obligation in favor of Mortgage Electronic Registration Systems, Inc (“MERS”) as nominee for Taylor, Bean & Whitaker Mortgage Corp. its successors and assigns as Beneficiary, which as assigned by Bank of America, N.A., successor by merger to BAC Home Loans Servicing LP FKA Countrywide Home Loans Servicing, LP by Carrington Mortgage Services, LLC as attorney-in-fact to Carrington Mortgage Services, LLC under an assignment recorded at Instrument No. 2015-1203188.
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 $1,183.89 from March 1, 2010 through September 1, 2014; $1,331.81 from October 1, 2014 through September 1, 2015; and $1,154.91 from October 1, 2015 through February 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 $3,667.92 as of July 1, 2016. The amount to cure the default payments as of the date of this notice is $101,469.10. 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 $152,012.21, together with interest in the Note or other instrument secured from February 1, 2010, 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 $240,700.33. 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 July 1, 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 June 20, 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 on or before June 20, 2016 (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 June 20, 2016 (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: Jeffrey Walton 7715 Shuksan Court Maple Falls, WA 98266 Jennifer Walton 7715 Shuksan Court Maple Falls, WA 98266 Jeffrey A Walton PO Box 1363 Maple Falls, WA 98266 Jennifer A Walton PO Box 1363 Maple Falls, WA 98266 Jeffrey Walton 7715 Shuksan Court Deming, WA 98266 Jennifer Walton 7715 Shuksan Court Deming, WA 98266 Jeffrey Walton PO Box 161 Loomis, WA 98827 Jennifer Walton PO Box 161 Loomis, WA 98827 Jeffrey Walton 214 Cape Labelle Rd Tonasket, WA 98855 Jennifer Walton 214 Cape Labelle Rd Tonasket, WA 98855 Jennifer Walton General Delivery Wauconda, WA 98859-9999 Jeffrey A. Walton General Delivery Wauconda, WA 98859-9999 by both first class and certified mail on January 15, 2016 proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on January 14, 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” Jeffrey Walton 7715 Shuksan Court Maple Falls, WA 98266 Jennifer Walton 7715 Shuksan Court Maple Falls, WA 98266 Jeffrey A Walton PO Box 1363 Maple Falls, WA 98266 Jennifer A Walton PO Box 1363 Maple Falls, WA 98266 Jeffrey Walton 7715 Shuksan Court Deming, WA 98266 Jennifer Walton 7715 Shuksan Court Deming, WA 98266 Jeffrey Walton PO Box 161 Loomis, WA 98827 Jennifer Walton PO Box 161 Loomis, WA 98827 Jeffrey Walton 214 Cape Labelle Rd Tonasket, WA 98855 Jennifer Walton 214 Cape Labelle Rd Tonasket, WA 98855 Jennifer Walton General Delivery Wauconda, WA 98859-9999 Jeffrey A. Walton General Delivery Wauconda, WA 98859-9999 Cascade West Recreation Club PO Box 85 Maple Falls, WA 98266 XIII. FAIR DEBT COLLECTION PRACTICES ACT NOTICE: AZTEC FORECLOSURE CORPORATION OF WA 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 26 day of February, 2016 AZTEC FORECLOSURE CORPORATION OF WA By: Elaine Malone 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 WA 1499 SE Tech Center Place, Suite 255 Vancouver, WA 98683 STATE OF ARIZONA ) ) SS. COUNTY OF MARICOPA ) This instrument was acknowledged before me this 26 day of February, 2016, by Elaine Malone, 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 NPP0275113 To: FERNDALE RECORD 06/01/2016, 06/22/2016
Published by Ferndale Record
June 1 and 22, 2016.
LEGAL
**AMENDED** NOTICE OF TRUSTEE’S SALE
Pursuant to the RCW 61.24, et seq.
TO: Northern Meadows Development Co
c/o Bradley D. Swanson, Registered Agent
900 Dupont Street, Bellingham, WA 98225
LT Brisbane And Company, LLC
Jack O. Swanson, Registered Agent
900 Dupont Street, Bellingham, WA 98225
Stephen Brisbane
P.O. Box 873, Lynden, WA 98264
AND TO: Paramjit Singh and Harmeet Kaura
3617 E. Broadway, Mt. Vernon, WA 89273
Byron and Alice Lockwood Foundation
c/o Rick Hathaway, 11269 NE 37th Place, Bellevue, WA
Northern Meadows Condominium Owners Association
c/o Son Rise Property Management Inc., 109 E Chestnut St., Bellingham WA 98225
1.
THIS NOTICE amends the Notice of Sale recorded under AF #2016-0301733 recorded on March 15, 2016, amending the date of Trustee’s Sale from June 17, 2016 to July 1, 2016.
2.
NOTICE IS HEREBY GIVEN that the undersigned Trustee, William G. Knudsen will on the 1st day of July, 2016, at the hour of 10:00 a.m. inside the main lobby Whatcom County Courthouse, 311 Grand Ave., City of Bellingham, State of Washington, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property, situated in the County of Whatcom, State of Washington, to-wit:
PARCEL A:
LOTS 1 TO 4, INCLUSIVE NORTH CHUCKANUT ESTATES SHORT PLAT, ACCORDING TO THE MAP THEREOF, RECORDED ON OCTOBER 21, 2005, UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2051004170. SITUATE IN WHATCOM COUNTY, WASHINGTON.
PARCEL A-1:
AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS SHOWN ON CHUCKANUT TRAIL LOT LINE ADJUSTMENT RECORDED IN VOLUME 30 OF SHORT PLATS, AT PAGE 32. SITUATE IN WHATCOM COUNTY, WASHINGTON.
PARCEL A-2:
AN EASEMENT AS ESTABLISHED BY INSTRUMENT RECORDED APRIL 3, 1985, UNDER AUDITOR’S FILE NO. 1503245.
ALSO AN EASEMENT 60 FEET IN WIDTH LOCATED IN THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 2 EAST OF W.M., WHATCOM COUNTY, WASHINGTON, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS:
COMMENCING AT AN IRON PIPE MARKING THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 13; THENCE NORTH ALONG THE WESTERLY LINE OF THE SAID SOUTHEAST
QUARTER 97.00 FEET; THENCE NORTH 61° 00’ 00” 390.51 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF THE 20 FOOT WIDE EASEMENT; THENCE SOUTH 12° 58’ 28” EAST 252.76 FEET; THENCE SOUTH 25° 48’ 28” EAST 111.19 FEET; THENCE SOUTH 13° 15’ 38” EAST 139.98 FEET; THENCE SOUTH 20° 40’ 33” EAST 265.20 FEET; THENCE SOUTH 14° 04’ 33” EAST 140.58 FEET; THENCE SOUTH 24° 30’ 33” EAST 88.41 FEET TO AN INTERSECTION POINT AT THE CENTERLINE OF A 60 FOOT WIDE EASEMENT, AND THE TRUE POINT OF BEGINNING OF SAID CENTERLINE DESCRIPTION; THENCE SOUTH 07° 09’ 27” WEST ALONG THE CENTERLINE OF THE 60 FOOT WIDE EASEMENT 138.48 FEET; THENCE SOUTH 58° 26’ 27” WEST 197.94 FEET; THENCE NORTH 71° 05’ 33” WEST L45.86 FEET; THENCE NORTH 24° 38’ 03” WEST·545.45 FEET THENCE NORTH 56° 04’ 57” WEST L44.57 FEET; THENCE NORTH 45° 40’ 23” WEST 35.94 FEET; THENCE WESTERLY ALONG A TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 99.51 FEET TO THE EASTERLY RIGHT OF WAY LINE OF CHUCKANUT DRIVE AND THE END OF THIS CENTERLINE DESCRIPTION. SITUATE IN WHATCOM COUNTY, WASHINGTON.
PARCEL B:
UNITS 10, 18, 19, 20, 21, 22, 23, 34, AND 46, NORTHERN MEADOWS ESTATES CONDOMINIUM, ACCORDING TO THE DECLARATION THEREOF, RECORDED UNDER AUDITOR’S FILE NO. 20L0202656, AND ANY AMENDMENTS THERETO, RECORDS OF WHATCOM COUNTY, WASHINGTON; SITUATE IN WHATCOM COUNTY, WASHINGTON.
PARCEL B-1:
A 40 FOOT ACCESS AND UTILITY EASEMENT AS CREATED BY AUDITOR’S FILE NO. 2001003528 AND AS DELINEATED ON THE FACE OF NORTHERN MEADOWS ESTATES CONDOMINIUM, RECORDED UNDER AUDITOR’S FILE NO. 2010202655.
SITUATE IN WHATCOM COUNTY, WASHINGTON.
PARCEL C:
UNITS 3, 4, 5, 6, 7, AND 8, NORTHERN MEADOWS CONDOMINIUM, PHASE 2, ACCORDING TO THE FIRST AMENDMENT TO THE DECLARATION THEREOF, RECORDED UNDER AUDITOR’S FILE NO. 2021200998, AND ANY
AMENDMENTS ·THERETO; RECORDS OF WHATCOM COUNTY, WASHINGTON.
SITUATE IN WHATCOM COUNTY, WASHINGTON.
PARCEL C-1:
A 40 FOOT ACCESS AND UTILITY EASEMENT AS DELINEATED ON THE FACE OF 1ST AMENDMENT TO NORTHERN MEADOWS ESTATES CONDOMINIUM, RECORDED UNDER AUDITOR’S FILE NO. 2021200997, RECORDS OF WHATCOM COUNTY, WASHINGTON.
PARCEL C-2:
UNITS 43 AND 44, NORTHERN MEADOWS ESTATES CONDOMINIUM, ACCORDING TO THE DECLARATION THER EOF, RECORDED UNDER AUDITOR’S FILE NO: 2010202656, AND ANY AMENDMENTS THERETO, RECORDS OF WHATCOM COUNTY, WASHINGTON.
PARCEL C-3:
A 40 FOOT ACCESS AND UTILITY EASEMENT AS CREATED BY AUDITOR’S FILE NO. 2001003528, AND AS DELINEATED ON THE FACE OF NORTHERN MEADOWS ESTATES CONDOMINIUM, RECORDED UNDER AUDITOR’S FILE NO. 2010202655.
SITUATE IN WHATCOM COUNTY, WASHINGTON
PARCEL D:
PARCEL 4, GENERAL BINDING SITE PLAN OF NORTHERN MEADOWS ESTATES, AS RECORDED UNDER AUDITOR’S FILE NO. 2001003528, RECORDS OF WHATCOM COUNTY, WASHINGTON. SITUATE IN WHATCOM COUNTY, WASHINGTON.
which is subject to that certain Deed of Trust dated August 22, 2013, and recorded August 23, 2013, under Auditor’s File No. 2130802796, records of Whatcom County, Washington, from NORTHERN MEADOWS DEVELOPMENT COMPANY, LLC, a Washington limited liability company, as Grantor, to CHICAGO TITLE COMPANY, as Trustee, to secure an obligation in favor of R2R CAPITAL-BELLINGHAM LENDER, LLC, a Texas limited liability company, as Beneficiary.
2.
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.
3.
The default(s) for which this foreclosure is made is as follows:
a. Failure to pay the Promissory Note, which is secured by the aforementioned Deed of Trust in the amount of $3,547,000, which Note is in arrears as follows:
i. Failure to pay the entire principal balance accelerated by Notice April 24, 2015. Interest has accrued as of March 14, 2016 in the amount of $659,741.00 with per diem of $1,576.44 thereafter. The total amount due as of the date of this Notice is $4,206,741.12, and such other costs and fees as are due under the Note or other instrument secured as provided by statute.
ii. Failure to pay when due the following amounts which constitute liens against the above described real property:
(1) Failure to pay real property taxes;
(2) Failure to pay City of Bellingham water and sewer;
(3) Failure to pay Northern Meadow Condominium Owners Association.
4.
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 the 1st day of July, 2016. The default(s) referred to in paragraph 3 must be cured by the 20th day of June, 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 on or before the 20th day of June, 2016, (11 days before the sale date), the default(s) as set forth in paragraph 3 is cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after the 20th day of June, 2016 (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.
5.
A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addresses:
Personal Service:
Northern Meadows Development Co
c/o Bradley D. Swanson, Registered Agent
900 Dupont Street, Bellingham, WA 98225
By First Class Mail and Certified/Return Receipt:
Northern Meadows Development Co
c/o Bradley D. Swanson, Registered Agent
900 Dupont Street
Bellingham, WA 98225
LT Brisbane And Company, LLC
Jack O. Swanson, Registered Agent
900 Dupont Street
Bellingham, WA 98225
Stephen Brisbane
9490 Weidkamp Rd
Lynden, WA 98264
on the 16th day of November, 2015, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on the 16th day of November, 2015, with said written Notice of Default. The Trustee has possession of proof of such service or posting.
6.
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.
7.
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.
8.
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.
DATED this 25th day of May, 2016. TRUSTEE
William G. Knudsen
119 N. Commercial Street, Suite 1200
Bellingham, WA 98225
Tel: (360) 676-0646
THIS FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Published by Ferndale Record
June 1, 2016.
