Legals- September 27, 2017

FERNDALE

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: Lummi Commercial Company
APPLICATION NUMBER: 17017-SE
DATE OF APPLICATION: September 21, 2017
PROJECT LOCATION: The Slater Road right of way widening project area lies on the south edge of Slater Road where the Silver Creek corridor and Flood Zone A intersect the road. Horizontally, the impact area is defined by the “FEMA Flood Zone A” boundaries: vertically it is defined by the 100-yr flood elevation. The area is located in the NE ¼ of Sec. 04, TWP 38, R02E. The property adjacent to south of the right of way work is addressed as 1410 Kope Road, parcel number 380204364470 in Ferndale, Washington.
PROJECT DESCRIPTION: The improvements to Slater Road include widening along the southern edge of Slater Road adjacent to the north boundary of the Salish Village Project Site. A small portion (approximately 1,950 square feet) of this widening area falls within the FEMA Flood A zone of Silver Creek. This area is subject to a Shoreline Substantial Development and SEPA review. Construction is estimated to begin early Fall of 2017 through Spring 2018.
The project site is located within the FEMA 100-year floodplain, therefore a SEPA review is required.
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: September 27 – October 11, 2017
CONTACT: Jori Burnett, Community Development Director/SEPA Administrator
[email protected]
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. Land Disturbance Permit, City of Ferndale
3. Encroachment Permit, City of Ferndale
4. Shoreline Substantial Development Permit
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: Erosion control Best Management Practices (BMP’s) will be used per the 2014 Ecology Western Washington Stormwater Manual. BMP’s will be installed prior to any construction activities.
AIR: Erosion and sediment control best management practices will be used during construction to control dust.
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.
ANIMALS:
Preservation of wildlife will be attained through stormwater BMP’s.
NOISE: Construction hours shall be from 7AM to 10PM.
TRANSPORTATION: Coordinate haul route with the Public Works Department. Obtain City of Ferndale encroachment permit is required for work within the City right of way.
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 (Gretchen Kaehler, 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 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. 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).
These comments are based on the information available at the time of the review. The LNTHPO should review any changes related to the proposed project. Should you have any questions or concerns, please do not hesitate to contact me at 360-312-2253 or via email at [email protected].

Published September 27, 2017

NOTICE OF PUBLIC HEARING

The City of Ferndale Planning Commission will hold a public hearing to consider the proposed zoning text amendment 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, October 11, 2017 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: September 27, 2017
APPLICANT: City of Ferndale
PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: The City of Ferndale proposes establishing a new multifamily zone: Residential Multifamily – Medium (RMM), to replace existing multifamily zones in certain areas of the City. The RMM zone would allow multifamily development within the density range allowed by existing zones, and would emphasize flexible design elements to better-ensure attractive buildings, sites, and open space.
REQUESTED ACTION(S): The City of Ferndale requests approval of an amendment to the Ferndale Municipal Code
PUBLIC COMMENT PERIOD: September 27 – October 11, 2017
CONTACT: Jori Burnett, Community Development Director
City of Ferndale
P.O. Box 936
Ferndale, WA 98248
(360) 685-2367

Published September 27, 2017

NOTICE OF TRUSTEE’S SALE

APN 3804060335160000 TO No 120308954-WA-GSI
NOTICE OF TRUSTEE’S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ.
I. NOTICE IS HEREBY GIVEN that on October 6, 2017, 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: THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 6, TOWNSHIP 38 NORTH, RANGE 4 EAST OF W.M., EXCEPTING THEREFROM THAT PORTION CONVEYED TO WHATCOM COUNTY FOR ROAD PURPOSES BY DEED RECORDED JULY 12, 1949, UNDER AUDITOR`S FILE NO. 680723, AND EXCEPT RIGHT-OF-WAY FOR KELLY ROAD ALONG THE NORTH LINE THEREOF AND MISSION ROAD ALONG THE WEST LINE THEREOF.SITUATE IN WHATCOM COUNTY, WASHINGTON.A PARTIAL RECONVEYANCE OF SAID DEED OF TRUST WAS RECORDED 05/06/2008 AS INSTRUMENT NO. 2080500706 OF OFFICIAL RECORDS OF SAID COUNTY.SAID LAND IS ALSO/NOW KNOWN AS: LOT 1, TORREY SHORT PLAT, ACCORDING TO THE PLAT THEREOF, RECORDED 10/22/2007, UNDER AUDITOR`S FILE NO. 2071003002, RECORDS OF WHATCOM COUNTY, WASHINGTON. SITUATED IN WHATCOM COUNTY, WASHINGTON. APN: 3804060335160000 More commonly known as 2513 EAST KELLEY ROAD, BELLINGHAM, WA 98226 which is subject to that certain Deed of Trust dated as of June 16, 2006, executed by YVONNE M TORREY as Trustor(s), to secure obligations in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”), as designated nominee for THE LENDING GROUP, INC., Beneficiary of the security instrument, its successors and assigns, recorded June 28, 2006 as Instrument No. 2060604988 and the beneficial interest was assigned to U.S. Bank Trust, N.A. as Trustee for LSF8 Master Participation Trust and recorded October 3, 2013 as Instrument Number 2131000392 of official records in the Office of the Recorder of Whatcom County, Washington.
II. No action commenced by U.S. Bank National Association, not in its individual capacity, but solely as Trustee for the RMAC Trust, Series 2016-CTT, 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 National Association, not in its individual capacity, but solely as Trustee for the RMAC Trust, Series 2016-CTT Contact Phone No: 888-699-5600 Address: 15480 Laguna Canyon Road, Suite 100, Irvine, CA 92618
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 June 1, 2011 To May 26, 2017 Number of Payments 72 $2,508.28 Total $180,596.16
LATE CHARGE INFORMATION
June 1, 2011 May 26, 2017 $752.46 PROMISSORY NOTE INFORMATION
Note Dated: June 16, 2006
Note Amount: $496,850.00
Interest Paid To: May 1, 2011
Next Due Date: June 1, 2011
IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $441,453.80, 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 October 6, 2017. The defaults referred to in Paragraph III must be cured by September 25, 2017, (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before September 25, 2017 (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 September 25, 2017 (11 days before the sale date) and before the sale, by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance by paying the principal and interest, plus costs, fees and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust.
VI. A written Notice of Default was transmitted by the current Beneficiary, U.S. Bank National Association, not in its individual capacity, but solely as Trustee for the RMAC Trust, Series 2016-CTT or Trustee to the Borrower and Grantor at the following address(es):
UNKNOWN SPOUSE OF YVONNE M. TORREY AKA YVONNE TORREY
2513 EAST KELLEY ROAD,
BELLINGHAM, WA 98226

UNKNOWN SPOUSE OF YVONNE M. TORREY AKA YVONNE TORREY C/O BRADLEY D. SWANSON, BELCHER SWANSON LAW FIRM, P.L.L.C.,
900 DUPONT STREET,
BELLINGHAM, WA 98225-3105

UNKNOWN SPOUSE OF YVONNE M. TORREY AKA YVONNE TORREY
P.O.BOX 29416,
BELLINGHAM, WA 98228-1416

YVONNE M. TORREY AKA YVONNE TORREY
2513 EAST KELLEY ROAD,
BELLINGHAM, WA 98226

YVONNE M. TORREY AKA YVONNE TORREY C/O BRADLEY D. SWANSON BELCHER SWANSON LAW FIRM, P.L.L.C.,
900 DUPONT STREET,
BELLINGHAM, WA 98225-3105

YVONNE M. TORREY AKA YVONNE TORREY
P.O.BOX 29416,
BELLINGHAM, WA 98228-1416
by both first class and certified mail on November 11, 2015, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served with said written Notice of Default or the written Notice of Default was posted in a conspicuous place November 11, 2015 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 T
he 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: May 26, 2017 MTC Financial Inc. dba Trustee Corps, as Duly Appointed Successor Trustee By: Alan Burton, Vice President MTC Financial Inc. dba Trustee Corps 500 Union Street, Suite 620 Seattle, WA 98101 Toll Free Number: (844) 367-8456 TDD: (800) 833-6388 For Reinstatement/Pay Off Quotes, contact MTC Financial Inc. DBA Trustee Corps SALE INFORMATION CAN BE OBTAINED ON LINE AT www.insourcelogic.com FOR AUTOMATED SALES INFORMATION PLEASE CALL: In Source Logic AT 702-659-7766ISL Number 31879,
Pub Dates: 09/06/2017, 09/27/2017, FERNDALE RECORD

Published September 6 and 27, 2017.

the postal address of which is more commonly known as 5428, 5436, 5438 Barrett Road, and 1537 and 1557 Main Street, Ferndale, WA 98248, which is subject to that certain Deed of Trust dated July 12, 2000 and recorded on July 27, 2000 with the Whatcom County Auditor under Recording No. 2000702827, records of Whatcom County (referred to herein as “Deed of Trust”), from 268 Holdings, L.L.C., as Grantor, to First American Title Insurance Company, as Trustee, to secure an obligation in favor of Jack T. Mowat and Greg T. Mowat, as co-trustees of Trust No. JM-1, as successors in interest to Jack T. Mowat and Marjorie J. Mowat, husband and wife, 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 for which this foreclosure is made is as follows:
Failure to pay the following past due amounts which are in arrears:
1) All outstanding principal as of July 26, 2017: $516,828.29
2) All accrued interest as of July 26, 2017 $635,479.31
(per diem of $169.91615)
3) Late fees: $0.00
4) Other Charges: $4,197.50
TOTAL PAST DUE PAYMENTS: $1,156,505.10
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal of $516,828.29 together with interest as provided in the Note or other instrument secured from July 12, 2000, 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. The sale will be made without warranty, express or implied, regarding title, possession or encumbrances on October 27, 2017. The defaults referred to in Paragraph III must be cured by October 16, 2017 (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before October 16, 2017 (11 days before the sale date) the default(s) as set forth in Paragraph III is/are cured and the Trustee’s fees and costs are paid. The sale may be terminated by the Grantor any time after October 16, 2017 (11 days before the sale date) and before the sale by the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance paying the principal and interest secured by the Deed of Trust, plus costs, interest, late charges, fees and advances, if any, made pursuant to the terms of the obligations 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, Grantor, and/or Guarantor at the following addresses by both first class and certified mail, on May 23, 2017, proof of which is in the possession of the Trustee:

268 Holdings, L.L.C
(Grantor/Borrower)
717 W. Sprague Ave., #1600
Spokane, WA 99201

268 Holdings, L.L.C
(Grantor/Borrower)
or Occupant (“Occupant”)
5426, 5428, 5436, and 5438 Barrett Rd; and 1537 and 1557 Main St.
Ferndale, WA 98428

Gary J. Wilson
Gary J. Wilson Law Corporation
Attorney for Grantor/Borrower
200 Burrard St.
Vancouver, BC V6C 3L6
CANADA

Gary J. Wilson
Gary J. Wilson Law Corporation
Attorney for Grantor/Borrower
1203 – 2077 Nelson Street
Vancouver, BC V6C 2Y2
CANADA

The written Notice of Default was also posted in a conspicuous place on the real property described in Paragraph I above on May 11, 2017. The Trustee has in Trustee’s possession proof of such service/posting.
VII.
The Trustee, whose name and address is 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 Grantor, of all their interest in the above-described 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’ 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 and tenants. After the 20th day following the sale the purchase has the right to evict occupants and tenants by summary proceedings under the unlawful detainer act, Chapter 59.12 RCW.
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 and non-residential tenants. After the 20th day following the sale the purchaser has the right to evict occupants and non-residential tenants by summary proceedings under chapter 59.12 RCW. For residential tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. Residential tenant-occupied property means property comprised solely of a single-family residence, or a condominium, cooperative, or other dwelling unit in a multiplex or other building containing fewer than five residential units.
XI.
Notice to Guarantors
If this Notice is being mailed or directed to any Guarantor, said Guarantor should be advised that: (1) the Guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the trustee’s sale is less than the debt secured by the deed of trust; (2) the Guarantor has the same rights to reinstate the debt, cure the default, or repay the debt as is given to the grantor in order to avoid the trustee’s sale; (3) the Guarantor will have no right to redeem the property after the trustee’s sale; (4) subject to such longer periods as are provided in the Washington deed of trust act, chapter 61.24 RCW, any action brought to enforce a guaranty must be commenced within one year after the trustee’s sale, or the last trustee’s sale under any deed of trust granted to secure the same debt; and (5) in any action for a deficiency, the Guarantor will have the right to establish the fair value of the property as of the date of the trustee’s sale, less prior liens and encumbrances, and to limit its liability for a deficiency to the difference between the debt and the greater of such fair value or the sale price paid at the trustee’s sale, plus interest and costs.
XII.
Owner-Occupied Residential Property Notice
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:
Toll-free telephone: 1-877-894-HOME (1-877-894-4663)
Website:
http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm
The United States Department of Housing and Urban Development:
Toll-free telephone: 1-800-569-4287
Website: 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 :
Toll-free: 1-800-606-4819
Website:http://nwjustice.org/what-clear
DATED this 26 day of July, 2017.
EISENHOWER CARLSON PLLC
Successor Trustee By: Darren R. Krattli, Member
Address: 1201 Pacific Avenue, Suite 1200
Tacoma, WA 98402
Phone: (253) 572-4500

Published by Ferndale Record
September 27 and October 18, 2017.

Document Title: Notice of Trustee’s Sale
Grantor: Eisenhower Carlson PLLC
Grantee: 268 Holdings, L.L.C.
Legal Description: Portion of the NE-NW, SE-NW, NE-SW, Section 28, T 39 N, R 2 EWM
Reference No.: 2000702828
Tax Parcel Nos.: 97757/390228 165297 0000, 97758/390228 165297 0001, 97761/390228 174213 0000, 97762/390228 174213 0001, 97764/390228 176464 0000, 97765/390228 176464 0001, 97816/390228 194465 0000, 97817/390228 194465 0001, 7818/390228 195367 0000, 97819/390228 195367 0001, 97828/380228 232299 0000, 97829/390228 232299 0001, 97830/390228 234234 0000 and 97831/390228 234234 0001
NOTICE OF TRUSTEE’S SALE
Issued Pursuant to RCW 61.24.040
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on October 27, 2017, at the hour of 10:00 a.m. at the Whatcom County Courthouse, located at 311 Grand Avenue, Bellingham, 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:
PARCEL A:
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 39
NORTH, RANGE 2 EAST OF W.M., EXCEPT THAT PORTION LYING NORTH OF THE OLD
NORTHWEST DIAGONAL ROAD, EXCEPT THE FOLLOWING:
COMMENCING AT A POINT SOUTH OF THE QUARTER POST BETWEEN SECTIONS 21 AND 28,
TOWNSHIP 39 NORTH, RANGE 2 EAST OF W.M., THE SAID POINT BEING ON THE QUARTER
SECTION LINE AND AT THE INTERSECTION OF THE SOUTH LINE OF FERNDALE AND
BELLINGHAM COUNTY ROAD, MAKES WITH SAID QUARTER LINE WILL BE POINT OF BEGINNING;
THENCE FROM SAID POINT RUN SOUTH ON SAID QUARTER LINE, 1075 FEET TO A STAKE;
THENCE WEST (AT AN ANGLE WITH THE QUARTER LINE 89°00’), 742.6 FEET TO A STAKE;
THENCE NORTH 598-4/10 FEET TO A STAKE; THENCE EAST 494-1/10 FEET TO A STAKE; THENCE NORTH 582.2 FEET TO A STAKE ON THE SOUTH LINE OF SAID COUNTY ROAD; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID ROAD, 277 FEET TO THE PLACE OF BEGINNING,
AND ALSO EXCEPT THE FOLLOWING:
COMMENCING AT A POINT 1320 FEET EAST OF THE SECTION CORNER AT THE CORNER OF
SECTIONS 20, 21, 28 AND 29 IN TOWNSHIP 39 NORTH, RANGE 2 EAST OF W.M.; THENCE FROM
THE SAID POINT RUNNING SOUTH 825 FEET; THENCE EAST 528 FEET; THENCE NORTH 825
FEET; THENCE WEST 528 FEET TO THE PLACE OF BEGINNING; AND ALSO EXCEPT THE FOLLOWING:
A STRIP OF LAND 9-1/2 FEET WIDE AT THE NORTH END AND 8 FEET WIDE AT THE SOUTH END
OFF FROM THE WEST SIDE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 2 EAST OF W.M. ALSO, TOGETHER WITH ANY PORTION LYING EASTERLY, AND EXCEPT ANY PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE AS DESCRIBED IN THAT CERTAIN BOUNDARY LINE AGREEMENT RECORDED APRIL 26, 1979, UNDER WHATCOM COUNTY AUDITOR’S FILE NO. 1321625:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 2 EAST OF W.M., WHATCOM COUNTY, WASHINGTON; THENCE SOUTH 88°34’06” EAST ALONG THE NORTHERLY LINE OF SAID SECTION 1849.40 FEET; THENCE SOUTH 01°01’54” WEST 60 FEET, MORE OR LESS, TO THE SOUTHERLY RIGHT-OF-WAY LINE OF AXTON ROAD AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01°01’54” WEST 434 FEET, MORE OR LESS, TO A POINT THAT IS 494.00 FEET FROM THE SAID NORTHERLY LINE OF SECTION 28 AND THE POINT OF ENDING.
ALL EXCEPT THE RIGHT-OF-WAY FOR WEST AXTON ROAD LYING ALONG THE NORTHERLY
LINE THEREOF.
SITUATE IN WHATCOM COUNTY, WASHINGTON.
PARCEL B:
BEGINNING AT A POINT 1712 FEET EAST AND 494 FEET SOUTH OF THE NORTHWEST CORNER
OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 2 EAST OF W.M.; THENCE EAST 133.4 FEET;
THENCE SOUTH 331 FEET, MORE OR LESS; THENCE WEST 133.4 FEET; THENCE NORTH 331
FEET TO THE POINT OF BEGINNING.
SITUATE IN WHATCOM COUNTY, WASHINGTON.
PARCEL C:
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 2 EAST OF W.M., EXCEPT THAT PORTION CONVEYED TO JOSEPH CLARKSON BY DEED RECORDED IN VOLUME 88 OF DEEDS, PAGE 523, WHICH PORTION IS SITUATED PARTLY IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 28, AND PARTLY IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 28, AND DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT SOUTH OF THE QUARTER POST BETWEEN SECTIONS 21 AND 28,
TOWNSHIP 39 NORTH, RANGE 2 EAST OF W.M., THE SAID POINT BEING ON THE QUARTER
SECTION LINE AND AT THE INTERSECTION OF THE SOUTH LINE OF FERNDALE AND
BELLINGHAM COUNTY ROAD MAKES WITH SAID QUARTER LINE WILL BE POINT OF BEGINNING; THENCE FROM SAID POINT RUN SOUTH ON SAID QUARTER LINE, 1075 FEET TO A STAKE; THENCE WEST (AT AN ANGLE WITH THE QUARTER LINE 89°00’) 742.6 FEET TO A STAKE; THENCE NORTH 598-4/10 FEET TO A STAKE; THENCE EAST 494-1/10 FEET TO A STAKE; THENCE NORTH 582.2 FEET TO A STAKE ON THE SOUTH LINE OF SAID COUNTY ROAD; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID ROAD, 277 FEET TO THE PLACE OF BEGINNING.
SITUATE IN WHATCOM COUNTY, WASHINGTON.
PARCEL D:
THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 2 EAST OF W.M.
SITUATE IN WHATCOM COUNTY, WASHINGTON.
PARCEL E:
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 2 EAST OF W.M.
SITUATE IN WHATCOM COUNTY, WASHINGTON.
PARCEL F:
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 39
NORTH, RANGE 2 EAST OF W.M., EXCEPT THE FOLLOWING:
THE NORTHEAST QUARTER THEREOF AND EXCEPT THE SOUTH 10 ACRES LESS ROAD OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 28, AND A
TRIANGULAR TRACT DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 20 RODS NORTH OF THE SOUTHWEST CORNER OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 28; THENCE EAST 84 FEET TO THE SOUTHWESTERLY LINE OF THE STATE ROAD; THENCE NORTHWESTERLY ALONG SAID ROAD LINE AND THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE SOUTH TO THE PLACE OF BEGINNING; ALL EXCEPT THE RIGHT-OF-WAY FOR BARRETT ROAD AND EXCEPT INTERSTATE HIGHWAY NO. 5.
SITUATE IN WHATCOM COUNTY, WASHINGTON.
PARCEL G:
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 39 NORTH, RANGE 2 EAST OF W.M.
SITUATE IN WHATCOM COUNTY, WASHINGTON.
the postal address of which is more commonly known as 5428, 5436, 5438 Barrett Road, and 1537 and 1557 Main Street, Ferndale, WA 98248, which is subject to that certain Deed of Trust dated July 12, 2000 and recorded on July 27, 2000 with the Whatcom County Auditor under Recording No. 2000702827, records of Whatcom County (referred to herein as “Deed of Trust”), from 268 Holdings, L.L.C., as Grantor, to First American Title Insurance Company, as Trustee, to secure an obligation in favor of Jack T. Mowat and Greg T. Mowat, as co-trustees of Trust No. JM-1, as successors in interest to Jack T. Mowat and Marjorie J. Mowat, husband and wife, 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 for which this foreclosure is made is as follows:
Failure to pay the following past due amounts which are in arrears:
1) All outstanding principal as of July 26, 2017: $993,750.00
2) All accrued interest as of July 26, 2017 $1,234,783.44
(per diem of $169.91615)
3) Late fees: $0.00
4) Other Charges: $4,197.50
TOTAL PAST DUE PAYMENTS: $2,232,730.94
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal of $993,750.00 together with interest as provided in the Note or other instrument secured from July 12, 2000, 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. The sale will be made without warranty, express or implied, regarding title, possession or encumbrances on October 27, 2017. The defaults referred to in Paragraph III must be cured by October 16, 2017 (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before October 16, 2017 (11 days before the sale date) the default(s) as set forth in Paragraph III is/are cured and the Trustee’s fees and costs are paid. The sale may be terminated by the Grantor any time after October 16, 2017 (11 days before the sale date) and before the sale by the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance paying the principal and interest secured by the Deed of Trust, plus costs, interest, late charges, fees and advances, if any, made pursuant to the terms of the obligations 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, Grantor, and/or Guarantor at the following addresses by both first class and certified mail, on May 23, 2017, proof of which is in the possession of the Trustee:

268 Holdings, L.L.C
(Grantor/Borrower)
717 W. Sprague Ave., #1600
Spokane, WA 99201

268 Holdings, L.L.C
(Grantor/Borrower)
or Occupant (“Occupant”)
5426, 5428, 5436, and 5438 Barrett Rd; and 1537 and 1557 Main St.
Ferndale, WA 98428

Gary J. Wilson
Gary J. Wilson Law Corporation
Attorney for Grantor/Borrower
200 Burrard St.
Vancouver, BC V6C 3L6
CANADA

Gary J. Wilson
Gary J. Wilson Law Corporation
Attorney for Grantor/Borrower
1203 – 2077 Nelson Street
Vancouver, BC V6C 2Y2
CANADA

Published by Ferndale Record
September 27 and October 18, 2017.

PUBLIC NOTICE

Public Notice

On September 12, 2017, BBC Broadcasting, Inc., filed an application with the FCC to transfer control of BBC Broadcasting, Inc., the licensee of Station KRPI(AM), Ferndale, Washington, which operates on 1550 kHz, from Bhag S. Khela to Amarjit Sandhu.
A copy of the application and related materials are available for public inspection during regular business hours in the public inspection file located at: 5538, Imhof Road, Ferndale, Wa 98248

Published September 20, 27 and October 4, 2017.

STATEMENT OF OWNERSHIP,
MANAGEMENT AND CIRCULATION
(Act of Oct. 23, 1969 Section 4369, Title 39, United States Code).
1. Publication Title: Ferndale Record
2. Publication Number: 189-940
3. Filing Date: September 27, 2017
4. Issue Frequency: Weekly
5. Number of Issues Published Annually: 52
6. Annual Subscription Price: $33.00
7. Complete mailing address of known office of publication: 2004 Main St. Ferndale (Whatcom) Washington 98264-9468.
Contact Person: Michael D. Lewis
Telephone Number: 360-354-4444
8. Complete mailing address of headquarters or general business office of the publisher: PO Box 153, Lynden, Whatcom County, Washington 98264.
9. Full names and complete mailing address of publisher, editor and managing editor:
Publisher, Michael D. Lewis, 932 E. Front Street, Lynden, WA 98264.
10. Owner: Lewis Publishing Co., Inc., P.O. Box 153, Lynden, WA 98264., Michael D. Lewis, 932 E. Front St., Lynden, WA 98264.
11. Known bondholders, mortgagees, and other security holders, owning or holding 1 percent or more of total amount of bonds, mortgages or other securities: none.
12. Tax Status. The purpose, function, and nonprofit status of this organization and the exempt status for federal income tax purposes has not changed during preceding 12 months.
13. Publication Title: Ferndale Record
14. Issue date for circulation data: September 20, 2017
15. Extent and Nature of Circulation
Average No. Copies Each Issue During Preceding 12 months.
A. Total number of copies (Net press run) 1300.
B. Paid circulation (by mail and outside the mail)
(1) Mailed Outside-County Paid Subscriptions stated on PS Form 3541 (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies): 13.
(2) Mailed In-County Paid Subscriptions stated on PS Form 3541 (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies): 485.
(3) Paid Distribution Outside the Mails including Sales through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS: 417.
(4) Paid Distribution by Other Classes of Mail through the USPS (e.g. First-Class Mail): 0.
C. Total Paid Distribution (Sum of 15b (1), (2), (3), and (4)): 915.
D. Free or Nominal Rate Distribution (by mail and outside the mail)
(1) Free or Nominal Rate Outside-County copies included on PS Form 3541: 0.
(2) Free or Nominal Rate In-County copies included on PS Form 3541: 0.
(3) Free or Nominal Rate copies mailed at other classes through the USPS (e.g. First-Class Mail): 0.
(4) Free or Nominal Rate Distribution outside the mail (Carriers or other means): 45.
E. Total Free or Nominal Rate Distribution (Sum of 15d (1), (2), (3) and (4)): 45.
F. Total Distribution (Sum of 15c and 15e): 960.
G. Copies not Distributed (See Instructions to Publishers #4 (page #3)): 340.
H. Total (Sum of 15f and g): 1300.
I. Percent Paid (15c divided by 15f times 100): 96%
16. Electronic Copy Circulation
a. Paid Electronic Copies: 2.
b. Total Paid Print Copies (Line 15c) + Paid Electronic Copies (Line 16a): 917.
c. Total Print Distribution (Line 15f) + Paid Electronic Copies (Line 16a): 962.
d. Percent Paid (Both Print & Electronic Copies) (16b divided by 16c x 100): 96%
No. Copies of Single Issue Published Nearest to Filing Date:
A. Total number of copies (Net press run) 1250.
B. Paid circulation (by mail and outside the mail)
(1) Mailed Outside-County Paid Subscriptions stated on PS Form 3541 (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies): 10.
(2) Mailed In-County Paid Subscriptions stated on PS Form 3541 (Include paid distribution above nominal rate, advertiser’s proof copies, and exchange copies): 495.
(3) Paid Distribution Outside the Mails including Sales through Dealers and Carriers, Street Vendors, Counter Sales, and Other Paid Distribution Outside USPS: 396.
(4) Paid Distribution by Other Classes of Mail through the USPS (e.g. First-Class Mail): 0.
C. Total Paid Distribution (Sum of 15b (1), (2), (3), and (4)): 901.
D. Free or Nominal Rate Distribution (by mail and outside the mail)
(1) Free or Nominal Rate Outside-County copies included on PS Form 3541: 0.
(2) Free or Nominal Rate In-County copies included on PS Form 3541: 0.
(3) Free or Nominal Rate copies mailed at other classes through the USPS (e.g. First-Class Mail): 0.
(4) Free or Nominal Rate Distribution outside the mail (Carriers or other means): 44.
E. Total Free or Nominal Rate Distribution (Sum of 15d (1), (2), (3) and (4)): 44.
F. Total Distribution (Sum of 15c and 15e): 945.
G. Copies not Distributed (See Instructions to Publishers #4 (page #3)): 305.
H. Total (Sum of 15f and g): 1250.
I. Percent Paid (15c divided by 15f times 100): 95%
16. Electronic Copy Circulation
a. Paid Electronic Copies: 3.
b. Total Paid Print Copies (Line 15c) + Paid Electronic Copies (Line 16a): 904.
c. Total Print Distribution (Line 15f) + Paid Electronic Copies (Line 16a): 948.
d. Percent Paid (Both Print & Electronic Copies) (16b divided by 16c x 100): 96%
17. Publication of Statement of Ownership.

I certify that the above statements made by me are correct.
Michael D. Lewis, Publisher

Published September 27, 2017

SHERIFF’S PUBLIC NOTICE OF SALE

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM

SHERIFF’S PUBLIC NOTICE OF SALE OF REAL PROPERTY
CAUSE NO. 16-2-00990-1
REVERSE MORTGAGE SOLUTIONS, INC.,
Plaintiff(s),
vs
JOHN F. VAN ZON; DEPARTMENT OF SOCIAL AND HEALTH SERVICES; BIRCH BAY WATER & SEWER DISTRICT; and all other persons, parties, or occupants unknown claiming any legal or equitable right, title, estate, lien, or interest in the real property described in the complaint herein, adverse to Plaintiff’s title, or any cloud on Plaintiff’s title to the property,
Defendant(s).
TO: JOHN F. VAN ZON; DEPARTMENT OF SOCIAL AND HEALTH SERVICES; BIRCH BAY WATER & SEWER DISTRICT; and all other persons, parties, or occupants unknown claiming any legal or equitable right, title, estate, lien, or interest in the real property described in the complaint herein, adverse to Plaintiff’s title, or any cloud on Plaintiff’s title to the property, Judgment Debtor(s)
The Superior Court of Whatcom County has directed the undersigned Sheriff of Whatcom County to sell the property described below to satisfy a judgment in the above-entitled action:
COMMON STREET ADDRESS: 8446 MOUNTVUE WAY, BLAINE, WA 98230
FULL LEGAL DESCRIPTION:
LOT 65, PLAT OF BIRCH BAY VIEW, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 8 OF PLATS, PAGE 94, RECORDS OF WHATCOM COUNTY, WASHINGTON.
TAX PARCEL NO. 405123 248499 0000
The sale of the above-described property is to take place:
DATE: Friday, October 27, 2017
TIME: 9:30 A.M.
PLACE: WHATCOM COUNTY COURTHOUSE, BELLINGHAM, WA
The judgment debtor can avoid the sale by paying the judgment amount of $197,292.28 together with interest, costs and fees before the sale date. For the exact amount, contact the Sheriff at the address stated below.
ATTORNEY:
Nathan F. Smith
Malcolm & Cisneros
2112 Business Center Drive
Irvine, CA 92612
949.252.9400

BILL J. ELFO, Sheriff
Whatcom County
By: SHAUNA BALDETTA, Civil Assistant
311 Grand Avenue
Bellingham, WA
(360) 778-6614

Published September 27, October 4, 11 and 18, 2017

FERNDALE

NOTICE OF TRUSTEE’S SALE

PUBLIC NOTICE

SHERIFF’S PUBLIC NOTICE OF SALE

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