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, December 14, 2016 in the Council Chambers at the Ferndale City Hall Annex located at 5694 Second Avenue in Ferndale. Any interested party is invited to attend the public hearing and offer testimony, or submit comments in writing to the Planning Commission. Written comments should be submitted by 5:00 p.m. on the date preceding the meeting. For information concerning this notice please contact the Community Development Department located at 2095 Main Street in Ferndale, (360) 685-2368.
DATE OF NOTICE:
November 30, 2016
APPLICANT:
Silver Creek Group
PROJECT LOCATION:
NW Intersection of Slater Road and Rural Avenue
PROJECT DESCRIPTION:
The applicant proposes to Rezone the property from Mixed Use Commercial to General Business zoning
REQUESTED ACTION(S):
The City of Ferndale requests approval of an amendment to the Ferndale Municipal Code.
PUBLIC COMMENT PERIOD:
November 30, 2016 – December 14, 2016
CONTACT:
Jori Burnett, Community Development Director
City of Ferndale
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367
[email protected]
Published by Ferndale Record
November 30, 2016.
NOTICE TO CREDITORS
LEGAL
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM
In re the Matter and Estate of:
LEONA J. KNAPP,
Deceased. No. 16-4-00595-4
PROBATE NOTICE TO CREDITORS
RCW 11.40.030
The Personal Representative named below has been appointed as Personal Representative of this estate. Any person having a claim against the decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the Personal Representative or the Personal Representative’s attorney at the address stated below a copy of the claim and filing the original of the claim with the court in which the probate proceedings were commenced. The claim must be presented within the later of: (1) Thirty days after the Personal Representative served or mailed the notice to the creditor as provided under RCW 11.40.020(1)(c); or (2) four months after the date of first publication of the notice. If notice was not provided under RCW Chapters 11.40 or 11.42, the creditor must present the claim within twenty-four months after the decedent’s date of death. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the decedent’s probate and nonprobate assets.
Date of Filing Notice to Creditors: November 9, 2016
Date of first publication: November 16, 2016
Gwena D. Terry, Personal Representative
Presented by:
Law Offices of Roger L. Ellingson, P.S.
Roger L. Ellingson, WSBA #19292
Attorney for Personal Representative
PO Box 1258 / 289 H Street
Blaine, WA 98231-1258
(360) 332-7000; Fax: (360) 332-6677
Published in Ferndale Record: November 16th, 23rd, & 30th
Published by Ferndale Record
November 16, 23, 30, 2016.
LEGAL
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM
In re the Matter and Estate of:
ROBERT V. SERCL,
Deceased. No. 16-4-00594-6
PROBATE NOTICE TO CREDITORS
RCW 11.40.030
The Personal Representative named below has been appointed as Personal Representative of this estate. Any person having a claim against the decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the Personal Representative or the Personal Representative’s attorney at the address stated below a copy of the claim and filing the original of the claim with the court in which the probate proceedings were commenced. The claim must be presented within the later of: (1) Thirty days after the Personal Representative served or mailed the notice to the creditor as provided under RCW 11.40.020(1)(c); or (2) four months after the date of first publication of the notice. If notice was not provided under RCW Chapters 11.40 or 11.42, the creditor must present the claim within twenty-four months after the decedent’s date of death. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060. This bar is effective as to claims against both the decedent’s probate and nonprobate assets.
Date of Filing Notice to Creditors: November 22nd, 2016
Date of first publication: November 30, 2016
Martina Lagrange, Personal Representative
Presented by:
Law Offices of Roger L. Ellingson, P.S.
Roger L. Ellingson, WSBA #19292
Attorney for Personal Representative
PO Box 1258 / 289 H Street
Blaine, WA 98231-1258
(360) 332-7000; Fax: (360) 332-6677
Published in Ferndale Record: November 30th, December 7th, & 14th, 2016
Published by Ferndale Record
November 30 and December 7, 14, 2016.
TRUSTEE’S SALE
LEGAL
NOTICE OF TRUSTEE’S SALE Pursuant to the Revised Code of Washington 61.24, et seq. TS No.: WA-14-632134-SW APN No.: 400336 170025 0000 390301 187500 0000 400336 189022 0000 Title Order No.: 140157306-WA-MSI Deed of Trust Grantor(s): ERNESTO GARCIA-APREZA Deed of Trust Grantee(s): AMERICAN MORTGAGE EXPRESS FINANCIAL DBA MILLENNIUM FUNDING GROUP Deed of Trust Instrument/Reference No.: 2060305069
I.
NOTICE IS HEREBY GIVEN that Quality Loan Service Corp. of Washington, the undersigned Trustee, will on 12/9/2016 , 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: THE EAST 370.5 FEET OF THE WEST 730.5 FEET OF THE PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 40 NORTH, RANGE 3, EAST OF W.M., LYING SOUTH OF THE EVERSON GOSHEN ROAD, AS MEASURED ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER. ALSO A TRACT OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE WEST 360 FEET OF THE FOLLOWING DESCRIBED TRACT: THE NORTH HALF OF GOVERNMENT LOT 3, SECTION 1, TOWNSHIP 39 NORTH, RANGE 3 EAST OF W.M., AND THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 40 NORTH, RANGE 3 EAST OF W.M., LYING SOUTH OF THE EVERSON GOSHEN ROAD. (SAID 360 FEET BEING MEASURED ALONG THE SOUTH LINE OF SAID SECTION 36.) AS RECORDED UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 1556138; THENCE SOUTH 70°00’16” WEST ALONG THE SOUTHERLY RIGHT OF WAY MARGIN OF S.R. 544 (COMMONLY KNOW AS EVERSON GOSHEN ROAD), 65.00 FEET; THENCE SOUTH 24°07’52” EAST, 143.95 FEET MORE OR LESS TO INTERSECTION THE EAST LINE OF ABOVE TRACT; THENCE NORTH 0°49’58” EAST ALONG SAID EAST LINE, 153.61 FEET TO THE POINT OF BEGINNING. ALSO THE EAST 370.5 FEET OF THE WEST 730.5 FEET OF THE FOLLOWING TRACT (MEASURING ALONG THE SOUTH LINES OF SAID TRACT): THE NORTH HALF OF GOVERNMENT LOT 3, SECTION 1, TOWNSHIP 39 NORTH, RANGE 3 EAST OF W.M. EXCEPT THE SOUTH 470 FEET THEREOF. SITUATE IN WHATCOM COUNTY, WASHINGTON. More commonly known as: 7330 EVERSON GOSHEN RD, EVERSON, WA 98247-9788 which is subject to that certain Deed of Trust dated 3/24/2006, recorded 3/30/2006, under 2060305069 records of WHATCOM County, Washington , from ERNESTO GARCIA-APREZA, A MARRIED MAN AS HIS SEPARATE ESTATE , as Grantor(s), to CHICAGO TITLE , as Trustee, to secure an obligation in favor of AMERICAN MORTGAGE EXPRESS FINANCIAL DBA MILLENNIUM FUNDING GROUP , as Beneficiary, the beneficial interest in which was subsequently assigned to U.S. Bank National Association, as Trustee for Credit Suisse First Boston Mortgage Securities Corp., Home Equity Asset Trust 2006-6, Home Equity Pass-Through Certificates, Series 2006-6 under an assignment recorded under Auditors File Number 2141000988
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: $177,033.72
IV.
The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $398,377.10 , together with interest as provided in the Note from 5/1/2012 on, and such other costs and fees as are provided by statute.
V.
The above-described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. Said sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on 12/9/2016 . The defaults referred to in Paragraph III must be cured by 11/28/2016 (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before 11/28/2016 (11 days before the sale) the default as set forth in Paragraph III is cured and the Trustee’s fees and costs are paid. Payment must be in cash or with cashiers or certified checks from a State or federally chartered bank. The sale may be terminated any time after the 11/28/2016 (11 days before the sale date) and before the sale, by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance by paying the principal and interest, plus costs, fees and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust, and curing all other defaults.
VI.
A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following address( es ): NAME ERNESTO GARCIA-APREZA, A MARRIED MAN AS HIS SEPARATE ESTATE ADDRESS 7330 EVERSON GOSHEN RD, EVERSON, WA 98247-9788 by both first class and certified mail, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, with said written Notice of Default or the written Notice of Default was posted in a conspicuous place on the real property described in Paragraph I above, and the Trustee has possession of proof of such service or posting. These requirements were completed as of 6/26/2015 .
VII.
The Trustee whose name and address are set forth below will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale.
VIII.
The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property.
IX.
Anyone having any objections to this sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee’s sale. NOTICE TO OCCUPANTS OR TENANTS – The purchaser at the Trustee’s Sale is entitled to possession of the property on the 20 th day following the sale, as against the Grantor under the deed of trust (the owner) and anyone having an interest junior to the deed of trust, including occupants who are not tenants. After the 20 th day following the sale the purchaser has the right to evict occupants who are not tenants by summary proceedings under Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 DAYS from the recording date of this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help. SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission: Toll-free: 1-877-894-HOME (1-877-894-4663) or Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm . The United States Department of Housing and Urban Development: Toll-free: 1-800-569-4287 or National Web Site: http://portal.hud.gov/hudportal/HUD or for Local counseling agencies in Washington: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone: 1-800-606-4819 or Web site: http://nwjustice.org/what-clear . If the sale is set aside for any reason, including if the Trustee is unable to convey title, the Purchaser at the sale shall be entitled only to a return of the monies paid to the Trustee. This shall be the Purchaser’s sole and exclusive remedy. The purchaser shall have no further recourse against the Trustor, the Trustee, the Beneficiary, the Beneficiary’s Agent, or the Beneficiary’s Attorney. If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holders right’s against the real property only. QUALITY MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. Dated: 8/3/2016 Quality Loan Service Corp. of Washington, as Trustee By: Tricia Willis, Assistant Secretary Trustee’s Mailing Address: Quality Loan Service Corp. of Washington C/O Quality Loan Service Corp. 411 Ivy Street, San Diego, CA 92101 (866) 645-7711 Trustee’s Physical Address: Quality Loan Service Corp. of Washington 108 1 st Ave South, Suite 202 Seattle, WA 98104 (866) 925-0241 Sale Line: 916-939-0772 Or Login to: http://wa.qualityloan.com TS No.: WA-14-632134-SW IDSPub #0112618 11/9/2016 11/30/2016
Published by Ferndale Record
November 9 and 30, 2016.
LEGAL
File No.: 7023.116732 Grantors: Northwest Trustee Services, Inc. Wells Fargo Bank, N.A. Grantee: R. Gordon Hepworth, who also appears of record as Richard Gordon Hepworth and Richard G. Hepworth, and Rilla Hepworth, who also appears of record as Rilla Scarlet Hepworth and Rilla S. Hepworth, husband and wife Ref to DOT Auditor File No.: 2081201540 Tax Parcel ID No.: 113411 / 400105-097546-0000 Abbreviated Legal: LT 12, HARBOR VIEW HEIGHTS, VOL 10, PG 21, WHATCOM CO WA Notice of Trustee’s Sale Pursuant to the Revised Code of Washington 61.24, et seq. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME
I.
On December 9, 2016, 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 12, Plat of Harbor View Heights, according to the Plat thereof, recorded in Volume 10 of Plats, Page 21, Records of Whatcom County, Washington. Situate in Whatcom County, Washington. Commonly known as: 9674 Harbor Court Blaine, WA 98230 which is subject to that certain Deed of Trust dated 12/11/08, recorded on 12/16/08, under Auditor’s File No. 2081201540, records of Whatcom County, Washington, from R. Gordon Hepworth and Rilla Hepworth, husband and wife, as Grantor, to Northwest Trustee Services LLC, as Trustee, to secure an obligation “Obligation” in favor of Wells Fargo Bank, N.A., as Beneficiary. *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 payoff as of 09/01/2016. If paying off after this date, please contact NWTS for the exact payoff amount. Principle Balance $337,002.00 Interest $817.01 MIP Premium LOC Advance Property Inspection $177.94 $2,589.00 $15.00 Lender’s Fees & Costs $60.00 Total Arrearage $340,660.95 Trustee’s Expenses (Itemization) Trustee’s Fee $900.00 Title Report $1,158.51 Statutory Mailings $55.80 Recording Costs $17.00 Postings $80.00 Total Costs $2,211.31 Total Amount Due: $342,872.26 Other known defaults as follows:
IV.
The sum owing on the Obligation is: Principal Balance of $337,002.00, together with interest as provided in the note or other instrument evidencing the Obligation from 02/11/16, and such other costs and fees as are due under the Obligation, and as are provided by statute.
V.
The Property will be sold to satisfy the expense of sale and the Obligation as provided by statute. The sale will be made without representation or warranty, express or implied regarding title, possession, encumbrances or condition of the Property on December 9, 2016. The default(s) referred to in paragraph III, together with any subsequent interest, late charges, advances costs and fees thereafter due, must be cured before the sale, to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before the sale, the default(s) as set forth in paragraph III, together with any subsequent interest, 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 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 R. Gordon Hepworth aka Richard Gordon Hepworth aka Richard G. Hepworth aka R. Hepworth aka RG Hepworth 9674 Harbor Court Blaine, WA 98230 Rilla Hepworth aka Rilla Scarlet Hepworth aka Rilla S. Hepworth aka S. Hepworth aka RS Hepworth 9674 Harbor Court Blaine, WA 98230 Hepworth Revocable Trust dated December 8, 2009 9674 Harbor Court Blaine, WA 98230 R. Gordong Hepworth aka Richard Gordon Hepworth, Trustee Hepworth Revocable Trust dated December 8, 2009 9674 Harbor Court Blaine, WA 98230 Rilla Scarlett Hepworth, Trustee Hepworth Revocable Trust dated December 8, 2009 9674 Harbor Court Blaine, WA 98230 R. Gordon Hepworth aka Richard Gordon Hepworth aka Richard G. Hepworth aka R. Hepworth aka RG Hepworth 8621 Blue Grouse Way Blaine, WA 98230 Rilla Hepworth aka Rilla Scarlet Hepworth aka Rilla S. Hepworth aka S. Hepworth aka RS Hepworth 8621 Blue Grouse Way Blaine, WA 98230 Hepworth Revocable Trust dated December 8, 2009 8621 Blue Grouse Way Blaine, WA 98230 R. Gordong Hepworth aka Richard Gordon Hepworth, Trustee Hepworth Revocable Trust dated December 8, 2009 8621 Blue Grouse Way Blaine, WA 98230 Rilla Scarlett Hepworth, Trustee Hepworth Revocable Trust dated December 8, 2009 8621 Blue Grouse Way Blaine, WA 98230 by both first class and certified mail, return receipt requested on 08/02/16, proof of which is in the possession of the Trustee; and on 08/02/16 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. Hepworth, R. Gordon and Rilla (TS# 7023.116732) 1002.288027-File No.
Published by Ferndale Record
November 9 and 30, 2016.
LEGAL
NOTICE OF TRUSTEE’S SALE Pursuant to the Revised Code of Washington 61.24, et seq. TS No.: WA-16-701605-SW APN No.: 390218 093184 0000 Title Order No.: 160027429-WA-MSI Deed of Trust Grantor(s): HEATHER ANN HOLEMAN, JOSEPH HOLEMAN Deed of Trust Grantee(s): BANK OF AMERICA, N.A. Deed of Trust Instrument/Reference No.: 2040303251
I.
NOTICE IS HEREBY GIVEN that Quality Loan Service Corp. of Washington, the undersigned Trustee, will on 12/9/2016 , 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 4, PLAT OF RYANS GLEN ACCORDING TO THE MAP THEREOF, RECORDED JULY 28, 1995 UNDER AUDITOR’S FILE NO. 950728299, IN VOLUME 19 OF PLATS, PAGES 41 AND 42, RECORDS OF WHATCOM COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF WHATCOM, STATE OF WASHINGTON. More commonly known as: 2415 NICHOLAS DR, FERNDALE, WA 98248 which is subject to that certain Deed of Trust dated 2/19/2004, recorded 3/16/2004, under 2040303251 records of WHATCOM County, Washington , from JOSEPH HOLEMAN AND HEATHER ANN HOLEMAN , as Grantor(s), to PRLAP, INC. , as Trustee, to secure an obligation in favor of BANK OF AMERICA, N.A. , as Beneficiary, the beneficial interest in which was subsequently assigned to WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR BANC OF AMERICA ALTERNATIVE LOAN TRUST 2004-4 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-4 under an assignment recorded under Auditors File Number 2130900831
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: $83,887.75
IV.
The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $99,279.94 , together with interest as provided in the Note from 10/1/2010 on, and such other costs and fees as are provided by statute.
V.
The above-described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. Said sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on 12/9/2016 . The defaults referred to in Paragraph III must be cured by 11/28/2016 (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before 11/28/2016 (11 days before the sale) the default as set forth in Paragraph III is cured and the Trustee’s fees and costs are paid. Payment must be in cash or with cashiers or certified checks from a State or federally chartered bank. The sale may be terminated any time after the 11/28/2016 (11 days before the sale date) and before the sale, by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance by paying the principal and interest, plus costs, fees and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust, and curing all other defaults.
VI.
A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following address( es ): NAME JOSEPH HOLEMAN AND HEATHER ANN HOLEMAN ADDRESS 2415 NICHOLAS DR, FERNDALE, WA 98248 by both first class and certified mail, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, with said written Notice of Default or the written Notice of Default was posted in a conspicuous place on the real property described in Paragraph I above, and the Trustee has possession of proof of such service or posting. These requirements were completed as of 12/23/2014 .
VII.
The Trustee whose name and address are set forth below will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale.
VIII.
The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property.
IX.
Anyone having any objections to this sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee’s sale. NOTICE TO OCCUPANTS OR TENANTS – The purchaser at the Trustee’s Sale is entitled to possession of the property on the 20 th day following the sale, as against the Grantor under the deed of trust (the owner) and anyone having an interest junior to the deed of trust, including occupants who are not tenants. After the 20 th day following the sale the purchaser has the right to evict occupants who are not tenants by summary proceedings under Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 DAYS from the recording date of this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help. SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission: Toll-free: 1-877-894-HOME (1-877-894-4663) or Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm . The United States Department of Housing and Urban Development: Toll-free: 1-800-569-4287 or National Web Site: http://portal.hud.gov/hudportal/HUD or for Local counseling agencies in Washington: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone: 1-800-606-4819 or Web site: http://nwjustice.org/what-clear . If the sale is set aside for any reason, including if the Trustee is unable to convey title, the Purchaser at the sale shall be entitled only to a return of the monies paid to the Trustee. This shall be the Purchaser’s sole and exclusive remedy. The purchaser shall have no further recourse against the Trustor, the Trustee, the Beneficiary, the Beneficiary’s Agent, or the Beneficiary’s Attorney. If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holders right’s against the real property only. QUALITY MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. Dated: 8/5/2016 Quality Loan Service Corp. of Washington, as Trustee By: Briana Newton, Assistant Secretary Trustee’s Mailing Address: Quality Loan Service Corp. of Washington C/O Quality Loan Service Corp. 411 Ivy Street, San Diego, CA 92101 (866) 645-7711 Trustee’s Physical Address: Quality Loan Service Corp. of Washington 108 1 st Ave South, Suite 202 Seattle, WA 98104 (866) 925-0241 Sale Line: 916-939-0772 Or Login to: http://wa.qualityloan.com TS No.: WA-16-701605-SW IDSPub #0112778 11/9/2016 11/30/2016
Published by Ferndale Record
November 9 and 30, 2016.
