FERNDALE
LEGAL
NOTICE OF APPLICATION AND INTENT TO ISSUE A MITIGATED DETERMINATION OF NON-SIGNIFICANCE
The City of Ferndale has received application(s) from the applicant referenced below for a proposed development project within the city limits. Based on review of the materials submitted, the development applications have been determined to be complete. The City has received and reviewed a SEPA checklist for probable adverse environmental impacts associated with the proposed project and expects to issue a Mitigated Determination of Non-Significance (MDNS) for this project.
Pursuant to Title14 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development applications. The public and affected agencies are invited to comment on the environmental impacts of the proposed project and receive copies of the subsequent Threshold Determination (the MDNS), if requested. This may be the only opportunity to comment on the environmental impacts of the proposal.
APPLICANT: Francine St. Laurent, AVT Consulting LLC
APPLICATION NUMBER (S): 19003-SE, 19001-SH, 19001-CUP, 19002-SPR
DATE OF APPLICATION: February 19, 2019
PROJECT LOCATION: The 4.8-acre project sites are addressed as 5345 LaBounty Drive, parcel number 390228104030, Lot 2 of the Lookman Lot Line Adjustment, in Ferndale, WA. and 1689 West Smith Road, parcel 390233031502 in Ferndale, WA.
PROJECT DESCRIPTION: The applicant proposes the development of a 28,080 square foot single-story manufacturing/warehousing facility with associated parking, storm vault, landscaping and frontage improvements on Smith Road.
The project is, zoned General Business, located within the City’s Shoreline General Commercial Conservancy Designation, and within the FEMA 100-year floodplain. The proponent proposes to fill a small, category IV wetland on-site and mitigate off site on a parcel addressed as 1689 West Smith Road in the form of wetland creation and mitigation.
To offset flood impacts, the applicant proposes to backfill the foundation of the building to provide a finished floor elevation above the base flood. To compensate for the fill and balance flood volumes, an off-site cut on 1689 West Smith Road is proposed. well as, exploring other methods as required by the City’s floodplain regulations.
The project site is located within the FEMA 100-year floodplain, therefore a SEPA review is required.
The project activities exceed 1,000 cubic yards, therefore a SEPA checklist is required.
The project site is located in the General Commercial Conversancy Shoreline Designation and, therefore, a Shoreline Substantial Development Permit is required. The proposed use “Commercial/Manufacturing” requires a Shoreline Conditional Use approval.
REQUESTED ACTION(S): The applicant requests a SEPA Determination from the City of Ferndale.
THE CITY INTENDS TO ISSUE A: Mitigated Determination of Non-Significance
PUBLIC COMMENT PERIOD: March 27, 2019 – April 10, 2019
CONTACT: Haylie Miller, SEPA Administrator
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
Required permits and approvals include, but may not be limited to:
1. SEPA Threshold Determination, City of Ferndale
2. Shoreline Substantial Development Permit
3. Land Disturbance Permit, City of Ferndale
4. Building Permit, City of Ferndale
The lead agency for this proposal has determined that the project does not have a probable adverse impact on the environment, mitigation measures will be covered through the City of Ferndale regulations and review process.
In addition to compliance with current City regulations, the following mitigation measures were identified relative to the proposed project:
EARTH: During construction, the contractor will install all appropriate measures and Best Management Practices (BMPs) will be in place to prevent erosion as required by the City of Ferndale, including mechanisms such as silt fences and straw waddles that are designed to capture sediment. Compliance with the City’s Stormwater Pollution Prevention Plan (SWPPP) for soil stabilization is required.
Unless other floodproofing measures are identified, the elevation of the lowest finished floor and all equipment must be at least one foot above Base Flood Elevation.
Outside materials and storage shall be minimized and shall be placed in an area or at an elevation that will prevent leaks, contamination, or additional debris from entering the floodplain during a flood event.
AIR: Erosion and sediment control best management practices will be used during construction. Spraying the disturbed soil with water will limit the amount of dust. Idling of work vehicles will be reduced or eliminated.
ENVIRONMENTAL HEALTH: All construction activities will be limited to daylight hours, generally between 7 am and 10 pm.
Any potential spills during construction activities and subsequent daily use will be addressed immediately in accordance with City of Ferndale and Washington State Department of Ecology standards and requirements.
Any hazardous materials onsite during construction or as part of subsequent daily use must be stored in accordance with adopted State and local regulations. The City reserves the right to require that the quantity and type of materials be identified.
Construction equipment will be closely monitored when onsite to identify any possible leaks.
PLANTS: The site development will incorporate landscaping plans per City of Ferndale regulations. Mitigation plantings for wetland buffer impacts and ESA flood designation will be implemented onsite.
LIGHT AND GLARE: All parking and loading will occur behind (to the west of) the building.
WATER: Contractor will implement Temporary Erosion and Sediment Controls (TESC) and Best Management Practices (BMP) and construct an engineered storm water management system designed to meet current (2014) Department of Ecology manual requirements.
The applicant will comply with all applicable City, Ecology and FEMA floodplain regulations.
Any wetland/critical area work must comply with the City’s Critical Areas Ordinance.
CULTURAL RESOURCES: Inadvertent Discovery of Archaeological Resources:
Should archaeological resources (e.g. shell midden, animal remains, stone tools) be observed during project activities, all work in the immediate vicinity should stop, and the area should be secured. The Washington State Department of Archaeology and Historic Preservation (Stephanie Jolivette, Local Government Archaeologist 360-586-3088) and the Lummi Nation Tribal Historic Preservation Office (Lena Tso, THPO 360-312-2257; Tamela Smart, Deputy THPO 360-312-2253) should be contacted immediately in order to help assess the situation and to determine how to preserve the resource(s). Compliance with all applicable laws pertaining to archaeological resources is required.
Inadvertent Discovery of Human Skeletal Remains on Non-Federal and Non-Tribal Land in the State of Washington (RCWs 68.50.645, 27.44.055, and 68.60.055)
“If ground disturbing activities encounter human skeletal remains during the course of construction, then all activity will cease that may cause further disturbance to those remains. The area of the find will be secured and protected from further disturbance until the State provides notice to proceed. The finding of human skeletal remains will be reported to the county medical examiner/coroner and local law enforcement in the most expeditious manner possible. The remains will not be touched, moved, or further disturbed. The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non-Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains” (DAHP).
Published March 27 and April 3, 2019
NOTICE OF TRUSTEE’S SALE
LEGAL
NOTICE OF TRUSTEE’S SALE
Pursuant to the Revised Code of Washington 61.24, et seq.
108 1st Ave South, Suite 202 Seattle, WA 98104
Trustee Sale No.: WA-18-813671-BB
Title Order No.: 180166280-WA-MSI
Reference Number of Deed of Trust:
Instrument No. 2030503545
Parcel Number(s): 3802243251730000, 51353
Grantor(s) for Recording Purposes under RCW 65.04.015: JON M LANDERS
Current Beneficiary of the Deed of Trust and Grantee (for Recording Purposes under RCW 65.04.015): JPMorgan Chase Bank, National Association
Current Trustee of the Deed of Trust: Quality Loan Service Corporation of Washington
Current Loan Mortgage Servicer of the Deed of Trust: JP Morgan Chase Bank, N.A.
I.NOTICE IS HEREBY GIVEN that Quality Loan Service Corp. of Washington, the undersigned Trustee, will on 7/26/2019, 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:
LOT 1, BLOCK 148, “PLAT OF NORTH STREET ADDITION,” A PART OF THE CONSOLIDATED CITY OF BELLINGHAM, WHATCOM COUNTY WASHINGTON, AS PER THE MAP THEREOF, RECORDED IN VOLUME 5 OF PLATS, PAGE 35, IN THE AUDITOR’S OFFICE OF THE SAID COUNTY AND STATE.
More commonly known as: 2630 HENRY ST, BELLINGHAM, WA 98225-2215 which is subject to that certain Deed of Trust dated 4/25/2003, recorded 5/15/2003, under Instrument No. 2030503545 and modified as per Modification Agreement recorded 4/16/2007 as Instrument No. 2070402321 and modified as per Modification Agreement recorded 6/26/2006 as Instrument No. 2060604500 records of WHATCOM County, Washington, from JON M LANDERS, as grantor(s), to GROUP 9 INC., as original trustee, to secure an obligation in favor of WASHINGTON MUTUAL BANK, as original beneficiary, the beneficial interest in which was subsequently assigned to JPMorgan Chase Bank, National Association, the Beneficiary, under an assignment recorded under Auditors File Number 2017-0301678
I. No action commenced by the Beneficiary of the Deed of Trust as referenced in RCW 61.21.030(4) is now pending to seek satisfaction of the obligation in any Court by reason of the Borrower’s or Grantor’s default on the obligation secured by the Deed of Trust/Mortgage.
III. The default(s) for which this foreclosure is made is/are as follows: Failure to pay when due the following amounts which are now in arrears: $18,132.88.
IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $168,008.46, together with interest as provided in the Note from 11/20/2016 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 7/26/2019. The defaults referred to in Paragraph III must be cured by 7/15/2019 (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 7/15/2019 (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 7/15/2019 (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 1/16/2019.
VII. The Trustee whose name and address are set forth below will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale.
VIII. The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property.
IX. Anyone having any objections to this sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee’s sale.
X. NOTICE TO OCCUPANTS OR TENANTS – The purchaser at the Trustee’s Sale is entitled to possession of the property on the 20th day following the sale, as against the Grantor under the deed of trust (the owner) and anyone having an interest junior to the deed of trust, including occupants who are not tenants. After the 20th day following the sale the purchaser has the right to evict occupants who are not tenants by summary proceedings under Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.
THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You 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 information provided by the Trustee: If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the noteholders rights against the real property only. The Trustee’s Sale Number is WA-18-813671-BB.
Dated: 3/19/2019
Quality Loan Service Corp. of Washington, as Trustee By: Jessica Junk, Assistant Secretary
Trustee’s Address: Quality Loan Service Corp. of Washington 108 1st Ave South, Suite 202, Seattle, WA 98104
For questions call toll-free: (866) 925-0241
Trustee Sale Number: WA-18-813671-BB
Sale Line: 916-939-0772 or Login to: http://wa.qualityloan.com IDSPub #0151526
Published March 27 and April 3 & 10, 2019
LEGAL
ORIGINAL TRUSTEE SALE RECORDED ON 12/10/2018 IN THE OFFICE OF THE WHATCOM COUNTY RECORDER.
NOTICE OF TRUSTEE’S SALE
File No.: 18-124133
Title Order No.: 245406847
Grantor: William H Hellums Jr, a single person
Current beneficiary of the deed of trust: Wells Fargo Bank, NA
Current trustee of the deed of trust: Aztec Foreclosure Corporation of Washington
Current mortgage servicer of the deed of trust: Wells Fargo Bank, N.A.
Reference number of the deed of trust: 2130704402
Parcel number(s): 142746 / 4005221963310000
Abbreviated legal description: Lots 33-34, Block 2 “ Paradise Lakes Country Club, Div No. 7,” Vol. 10, P. 60-62, Whatcom County
Commonly known as: 8336 Golden Valley Blvd, Maple Falls, WA 98266
I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, AZTEC FORECLOSURE CORPORATION OF WASHINGTON will on April 26, 2019, 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: LOTS 33 AND 34, BLOCK 2, “PARADISE LAKES COUNTRY CLUB, DIVISION NO. 7,” ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 10 OF PLATS, PAGES 60 THROUGH 62, RECORDS OF WHATCOM COUNTY, WASHINGTON which is the subject of that certain Deed of Trust dated July 29, 2013, recorded July 31, 2013, under Auditor’s File No. 2130704402, records of Whatcom County, Washington, from William H Hellums Jr, a single person as Grantor, to Northwest Trustee Services LLC as Trustee, to secure an obligation in favor of Wells Fargo Bank, N.A. as Beneficiary.
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: Delinquent monthly payments from the June 1, 2018 installment on in the sum of $11,033.25 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 $2,597.53 as of December 7, 2018. The amount to cure the default payments as of the date of this notice is $13,881.52. 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 $199,198.74, together with interest in the Note or other instrument secured from May 1, 2018, 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 $210,231.24. 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 April 26, 2019. 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 April 15, 2019 (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 April 15, 2019 (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 April 15, 2019 (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: William H Hellums, Jr. a/k/a William Hellums 8336 Golden Valley Blvd Maple Falls, WA 98266 Unknown Spouse and/or Domestic Partner of William H. Hellums, Jr. a/k/a William Hellums 8336 Golden Valley Boulevard Maple Falls, WA 98266 by both first class and certified mail on October 31, 2018 proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on October 31, 2018 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” William H Hellums, Jr. a/k/a William Hellums 8336 Golden Valley Blvd Maple Falls, WA 98266 Unknown Spouse and/or Domestic Partner of William H. Hellums, Jr. a/k/a William Hellums 8336 Golden Valley Boulevard Maple Falls, WA 98266 Paradise Lakes Country Club 1500 Railroad Avenue Bellingham, WA 982250000 Paradise Lakes Country Club R/A CJ Services Corporation 1500 Railroad Avenue Bellingham, WA 982250000 Industrial Credit Union PO Box 1767 Bellingham, WA 98227 Industrial Credit Union R/A: Terri Salstrom 3233 Northwest Ave Bellingham, WA 98225 Industrial Credit Union of Whatcom County c/o Carmichael Clark, P.S. 1700 D Street PO Box 5226 Bellingham, WA 98227 Industrial Credit Union of Whatcom County 3233 Northwest Avenue Bellingham, WA 98225 Christina Hellums 8336 Golden Valley Blvd Maple Falls, WA 98266 Occupant(s) 8336 Golden Valley Blvd Maple Falls, WA 98266
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 10th day of December, 2018
AZTEC FORECLOSURE CORPORATION OF WASHINGTON By: Inna D. Zagariya Vice President 1499 SE Tech Center Place, Suite 255 Vancouver, WA 98683 (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 WASHINGTON ) ) SS. COUNTY OF CLARK ) This instrument was acknowledged before me this 10th day of December, 2018, by Inna D. Zagariya, Vice President. Natalie Taras Notary Public in and for the State of Washington My Commission Expires: 3/12/22 NOTARY PUBLIC STATE OF WASHINGTON NATALIE TARAS MY COMMISSION EXPIRES MARCH 12, 2022 NPP0345382
Published March 27 & April 17, 2019
SERVICE BY PUBLICATION
LEGAL
SERVICE BY PUBLICATION
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM
COURT CAUSE NO. 17-2-00200-0
ORDER OF SALE ON REAL PROPERTY
U.S. BANK NATIONAL ASSOCIATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST,
Plaintiff(s),
vs.
THE UNKNOWN HEIRS AND DEVISEES OF LISA M.E. ZUZARTE; MARCELLUS G. ZUZARTE; LUKE ZUZARTE; KENNAN ZUZARTE; JULIANA ZUZARTE; OCCUPANTS OF THE PREMISES,
Defendant(s).
TO: THE UNKNOWN HEIRS AND DEVISEES OF LISA M.E. ZUZARTE; MARCELLUS G. ZUZARTE; LUKE ZUZARTE; KENNAN ZUZARTE; JULIANA ZUZARTE; OCCUPANTS OF THE PREMISES, Judgment Debtor(s),
TO WHATCOM COUNTY SHERIFF’S DEPARTMENT:
On December 19, 2018, U.S. BANK NATIONAL ASSOCATION AS LEGAL TITLE TRUSTEE FOR TRUMAN 2016 SC6 TITLE TRUST, obtained an Order of Default and Entry of Default Judgment in the Superior Court of Washington, County of WHATCOM, against THE UNKNOWN HEIRS AND DEVISEES OF LISA M.E. ZUZARTE; MARCELLUS G. ZUZARTE; LUKE ZUZARTE; KENNAN ZUZARTE; JULIANA ZUZARTE; OCCUPANTS OF THE PREMISES (collectively “Defendants”).
It is ordered, adjudged, and decreed that the land and premises located at 4104 Loomis Trail Road, Blaine, WA 98230 and legally described as follows:
PARCEL A:
THE NORTH 5 ACRES OF LAND IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 40 NORTH, RANGE 1 EAST OF W.M., DESCRIBED AS FOLLOWS:
THE EAST 1/3, BY ACREAGE MEASUREMENT BEING DESCRIBED AS FOLLOWS: THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 17, TOWNSHIP 40 NORTH, RANGE 1 EAST OF W.M., EXCEPT THE WEST 10 ACRES THEREOF; AND EXCEPT THE EAST 20 FEET THEREOF; AND EXCEPT THE RIGHT-OF-WAY FOR LOOMIS TRAIL ROAD LYING ALONG THE SOUTHERLY LINE THEREOF; AND THE SOUTH 59.67 FEET OF THE EAST 336.4 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 17, TOWNSHIP 40 NORTH, RANGE 1 EAST OF W.M., EXCEPT THE EAST 20 FEET THEREOF. SITUATE IN WHATCOM COUNTY, WASHINGTON.
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR EGRESS, INGRESS AND UTILITIES AS CREATED BY THAT CERTAIN INSTRUMENT RECORDED DECEMBER 10, 2002, UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 2021201912. SITUATE IN WHATCOM COUNTY, WASHINGTON. APN: 400 11 7 51611 0 0000
Commonly referred to as: 4104 Loomis Trail Road, Blaine, WA 98230 referred to in the Default Judgment, be sold at public auction, as particularly set out in said Judgment.
The total amount due and owing on the January 24, 2019 is $625,364.07 consisting of the following: the principal amount of $370,434.73 and $240,133.08 in interest and fees; $3,527.32 awarded for attorneys’ fees and costs; $7,278.14 awarded for prior attorney’s fees and costs; plus prejudgment interest from December 1, 2018 through December 19, 2018 in the amount of $1,378.64 ($72.65 x 19 days), plus post-judgment interest accruing after December 19, 2018 through January 24, 2019, at the rate of 7.150% per annum, of $2,616 ($72.56 per diem x 36 days); pursuant to paragraph 2 of the Judgment, post-judgment amounts advanced for attorneys’ fees, and costs for publication and Sheriff’s fees for an unknown amount.
It is ordered, adjudged and decreed that the Sheriff is hereby authorized to make the return within 60 days after issuance by the court. For purposes of the sale, the Order may be automatically extended for 30 days, pursuant to RCW 6.21.050.
In the name of the State of Washington, you are hereby commanded and required to proceed to notice for sale and to sell the Subject Property, which is more particularly described in the Notice of Sale, and apply the proceeds of said sale as in said Judgment and Decree directed, and to make and file your report of such sale with the Clerk of this Court, and do all things according to the terms and requirements of said Judgment, and the provisions of Washington Law.
Plaintiff agrees that no deficiency judgment shall be entered against Borrowers and that the court will establish an eight month redemption period from the date of the Sheriff’s foreclosure sale, and the sheriff should be ordered to issue a Sheriff’s Deed to the successful bidder at the termination of the redemption period pursuant to RCW 6.23.020.
WITNESS, the Honorable David M. Thorn, Judge of the Whatcom County Superior Court and the seal of said Court, affixed thereof this 6th day of February, 2019.
THE SALE DATE has been set for Friday, May 3, 2019, 9:30 AM, at the Whatcom County Courthouse, Bellingham, Washington. YOU MAY HAVE A RIGHT TO EXEMPT PROPERTY from the sale under statutes of this state, including sections 6.13.010, 6.13.030, 6.13.040, 6.15.010, and 6.15.060 of the Revised Code of Washington, in the manner described in those statutes.
BILL J. ELFO, Sheriff
Whatcom County
By: SHAUNA BALDETTA, Civil Assistant
Published March 20 & 27 and April 3, 10, 17 & 24, 2019
PROBATE NOTICE TO CREDITORS
LEGAL
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THURSTON COUNTY
FAMILY AND JUVENILE COURT
In Re the Estate of:
WILLIAM LEE MARIS, JR.,
Deceased.
No. 19-4-00212-34
PROBATE NOTICE TO CREDITORS
RCW 11.40.020, 11.40.030
1. Personal Representative. The personal representative named below has been appointed as personal representative of this estate.
2. Creditor Claims. Any person having a claim against the decedent that arose before the decedent’s death 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.
3. Scope of Bar to Claims. If the claim is not presented within this time frame, the claim will be forever barred, except as otherwise provided in RCW 11.40.051 and RCW 11.40.060. This bar is effective as to claims against both the decedent’s probate and nonprobate assets.
Date of First Publication: March 27, 2019
Personal Representative: CELESTE S. MARIS
Attorney for Personal Representative: Lauren A. Pitman, WSBA #36866
Address for Mailing or Service: 1235 – 4th Avenue E, Suite 200, Olympia, WA 98506
Court of probate proceedings and cause number: Thurston County Superior Court No. 19-4-00212-34
Published March 27 and April 3 & 10, 2019
