Legals- October 18, 2017

FERNDALE

CITY OF FERNDALE
REQUEST FOR QUALIFICATIONS FOR
Civil and Structural Engineering Services

The City of Ferndale is seeking qualification statements from consulting firms with expertise in Civil and Structural Design for engineering services related to the Thornton Railroad Overcrossing Project, including but not limited to design and construction management services. The City has completed a 30% design to be utilized as the basis of design.
A copy of the document that lists the requirements for submission of this RFQ may be obtained from the City’s website at http://www.cityofferndale.org.
The submittal date for the RFQ is 5:00PM, Wednesday, November 8th. Questions regarding this RFQ should be directed to Kevin Renz at (360) 685-2376.
Americans with Disabilities Act (ADA) Information
The City of Ferndale, in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing Kevin Renz at [email protected] or by calling collect (360) 685-2376.
Title VI Statement
The City of Ferndale, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award.”

Published October 18th and 25th, 2017

 

Ordinances of the City Council of the City of Ferndale, Washington, passed at the Council meeting of October 16, 2017

Ordinance #2017
An ordinance providing exemptions for solar panel and mechanical permits
Ordinance #2018
An ordinance amending the process for preliminary and final plats
Ordinance #2019
An ordinance amending the 2017 budget
Ordinance #2020
An ordinance setting the mayor and councilmembers’ salaries
Full texts of the above document(s) are available at Ferndale City Hall, posted on the City’s website (www.cityofferndale.org) or will be mailed upon request
Susan Duncan, City Clerk

Published October 18, 2017

 

NOTICE OF TRUSTEE’S SALE

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.: 2000702827
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: $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 26th 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

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 26th 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.

 

NOTICE OF TRUSTEE’S SALE
Pursuant to the Revised Code of Washington 61.24, et seq.
TS No.: WA-16-706879-SW APN No.: 150927/4051233411930000
Title Order No.: 8625930
Deed of Trust Grantor(s): DYMOND R NICON
Deed of Trust Grantee(s): MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) AS NOMINEE FOR HOMESTONE MORTGAGE, INC.
Deed of Trust Instrument/Reference No.: 2070301008
I. NOTICE IS HEREBY GIVEN that Quality Loan Service Corp. of Washington, the undersigned Trustee, will on 11/17/2017, at 10:00 AM At the main entrance to the Whatcom County Courthouse, located at 311 Grand Avenue, Bellingham, WA 98225 sell at public auction to the highest and best bidder, payable in the form of credit bid or cash bid in the form of cashier’s check or certified checks from federally or State chartered banks, at the time of sale the following described real property, situated in the County of WHATCOM, State of Washington, to-wit: LOT 39, PLAT OF BIRCH BAY VILLAGE, DIVISION NO. 11-C AS PER THE MAP THEREOF, RECORDED IN VOLUIME 13 OF PLATS, PAGE 73, 74 AND 75, IN THE AUDITOR’S OFFICE OF SAID COUNTY AND STATE. SITUATE IN WHATCOM COUNTY, WASHINGTON. More commonly known as: 8268 COWICHAN RD, BLAINE, WA 98230 which is subject to that certain Deed of Trust dated 3/6/2007, recorded 3/8/2007, under Instrument No. 2070301008 records of WHATCOM County, Washington , from DYMOND R NICON, A SINGLE MAN , as grantor(s), to CHICAGO TITLE , as original trustee, to secure an obligation in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS) AS NOMINEE FOR HOMESTONE MORTGAGE, INC. , as original beneficiary, the beneficial interest in which was subsequently assigned to U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust , the Beneficiary, under an assignment recorded under Auditors File Number 2016-1201596
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: $71,021.95.
IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $265,443.98 , together with interest as provided in the Note from 11/1/2013 on, and such other costs and fees as are provided by statute.
V. The above-described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. Said sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on 11/17/2017 . The defaults referred to in Paragraph III must be cured by 11/6/2017 (11 days before the sale date), or by other date as permitted in the Note or Deed of Trust, to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before 11/6/2017 (11 days before the sale), or by other date as permitted in the Note or Deed of Trust, the default as set forth in Paragraph III is cured and the Trustee’s fees and costs are paid. Payment must be in cash or with cashiers or certified checks from a State or federally chartered bank. The sale may be terminated any time after the 11/6/2017 (11 days before the sale date) and before the sale, by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance by paying the principal and interest, plus costs, fees and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust, and curing all other defaults.
VI. A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower(s) and Grantor(s) by both first class and certified mail, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, with said written Notice of Default or the written Notice of Default was posted in a conspicuous place on the real property described in Paragraph I above, and the Trustee has possession of proof of such service or posting. The list of recipients of the Notice of Default is listed within the Notice of Foreclosure provided to the Borrower(s) and Grantor(s). These requirements were completed as of 6/8/2016.
VII. The Trustee whose name and address are set forth below will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale.
VIII. The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property.
IX. Anyone having any objections to this sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee’s sale.
X. NOTICE TO OCCUPANTS OR TENANTS – The purchaser at the Trustee’s Sale is entitled to possession of the property on the 20 th day following the sale, as against the Grantor under the deed of trust (the owner) and anyone having an interest junior to the deed of trust, including occupants who are not tenants. After the 20 th day following the sale the purchaser has the right to evict occupants who are not tenants by summary proceedings under Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 DAYS from the recording date of this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help.
SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission:
Toll-free: 1-877-894-HOME (1-877-894-4663) or Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm.
The United States Department of Housing and Urban Development:
Toll-free: 1-800-569-4287 or National Web Site: http://portal.hud.gov/hudportal/HUD or for Local counseling agencies in Washington: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc
The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys:
Telephone: 1-800-606-4819 or Web site: http://nwjustice.org/what-clear.
Additional disclaimers provided by the Trustee: If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the noteholders rights against the real property only. QUALITY MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE
Dated: 6/30/2017
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
Trustee Sale Number: WA-16-706879-SW
IDSPub #0128818 10/18/2017 11/8/2017

Published by Ferndale Record
October 18 and November 8, 2017.

Grantor: Gregory E. Thulin, Trustee
Grantee: Tracy Rich, Brian P. Rodrigues, Joyce E. Bigelow, Calvin Bigelow and Jocelyn Marie Park-Gillespie
Abbreviated legal: Lot A, Clemmer Short Plat
Tax Parcel Number: 405123 142514 0000 / 150440
NOTICE OF TRUSTEE’S SALE
I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on November 17, 2017, at the hour of 10:00 a.m., in the lobby of the Whatcom County Courthouse, 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 Whatcom County, State of Washington, to wit:
Lot A, as delineated on Clemmer Short Plat, according to the plat thereof, recorded in Volume 7 of Short Plats, page 69, recorded under Auditor’s File No. 1419590, records of Whatcom County, Washington.
Situate in Whatcom County, Washington.
Commonly known as 5593 Seavue Road, Blaine, Washington.
The above-described property is subject to a Deed of Trust recorded on June 29, 2009, under Whatcom County Auditor’s File No. 2090605016, from Joyce E. Bigelow, a married woman as her separate property, Calvin Bigelow, her husband, and Jocelyn Marie Park-Gillespie, an unmarried woman, as Grantors, to Stewart Title Co., as Trustee, to Martin W. Savinsky, a married man as his separate property, 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 defaults for which this foreclosure is made are as follows:
A. Defaults Other Than Payment of Money:
1. Failure to pay real estate taxes for the following years: 2016 and 2017
2. Failure to maintain hazard insurance on the property
B. Failure to pay when due the following amounts, which are now in arrears:
5 payments @ $579.59 each due March 29, 2017 – July 29, 2017
$2,897.95
5 late charges @ $28.98 each due March – July 2017 $144.90
5% additional default interest from 9-28-16 @ 13.610 p/diem
$4,287.15
Mortgage verification fee $20.00
Administration fees owed to Adept Escrow Services, Inc. $80.00
Reimbursement to Beneficiary for insurance payments $480.38
TOTAL $7,910.38
IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $99,357.09, together with interest as provided in the Note or other instrument secured from September 28, 2016, and such other costs and fees as are due under the Note and any security instrument, 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 November 17, 2017. The defaults referred to in paragraph III must be cured by November 6, 2017 (11 days before the sale date), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before November 6, 2017 (11 days before the sale date), the defaults as set forth in paragraph III are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after November 6, 2017 (11 days before the sale date), and before the sale by the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance paying the entire principal balance 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 by curing all other defaults.
VI. A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor or to the Grantor’s successor in interest at the following address:

Tracy Rich
5593 Seavue Road
Blaine, WA 98230-9527

Brian Rodrigues
5593 Seavue Road
Blaine, WA 98230-9527

Jocelyn Marie Park-Gillespie
5593 Seavue Road
Blaine, WA 98230

Joyce Bigelow & Calvin Bigelow
5593 Seavue Road
Blaine, WA 98230

Occupant/Tenant
5593 Seavue Road
Blaine, WA 98230-9527

by both first class and certified mail on May 31, 2017, proof of which is in the possession of the Trustee and the written Notice of Default was posted in a conspicuous place on the real property described in paragraph I above on June 1, 2017, and the Trustee has in his possession proof of such service or 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 the Grantor of all of 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’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 and 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 this 8th day of August, 2017.
Gregory E. Thulin, Successor Trustee
Law Offices of Gregory E. Thulin, P.S.
2200 Rimland Drive, Suite 115
Bellingham, WA 98226-6643
360-714-8599

Published October 18 and November 8, 2017.

 

File No.: 7949.20138
Trustee: Northwest Trustee Services, Inc.
Grantors: Rodney G. Taylor and Jennifer Taylor, husband and wife
Grantee: Whatcom Educational Credit Union Ref to DOT
Auditor File No.: 2090102383 and Loan Modification Recorded on 8/28/2015 under Auditor’s File No. 2150803278
Tax Parcel ID No.: 41493/380134-415167-0000
Abbreviated Legal: A PTN of GOVT Lot 3, S34, T38N, R1E Notice of Trustee’s Sale Pursuant to the Revised Code of Washington 61.24, et seq.
THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME You have only 20 DAYS from the recording date of this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help.
SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following:
The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission
Telephone: Toll-free: 1-877-894-HOME (1-877-894-4663).
Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm
The United States Department of Housing and Urban Development
Telephone: Toll-free: 1-800-569-4287.
Web site: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc
The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys
Telephone: Toll-free: 1-800-606-4819.
Web site: http://nwjustice.org/what-clear.
I. On November 17, 2017, at 10:00 AM. inside the main lobby of the Whatcom County Courthouse, 311 Grand Avenue in the City of Bellingham, State of Washington, the undersigned Trustee (subject to any conditions imposed by the Trustee) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property “Property”, situated in the County(ies) of Whatcom, State of Washington: Parcel A: A tract of land in Government Lot 3, Section 34, Township 38 North, Range 1 East of W.M., Whatcom County, Washington, described as follows: Beginning at the point of intersection of the centerlines of the Lummi Shore Road and Mackenzie Road, plat of Gooseberry Point, Whatcom County, Washington, according to the plat thereof, recorded in Volume 7 of Plats, page 90, records of Whatcom County, Washington; Thence South 20 degrees 51’ 16” East, along the centerline of Mackenzie Road as shown on said plat, 74.92 feet to the intersection of Mackenzie Road, and the County Road as now located by deed recorded in Volume 378, page 291, records of Whatcom County, Washington; Thence South 20 degrees 51’ 16” East, 495.83 feet; Thence North 69 degrees 08’ 44” East, 230.00 feet to an intersection with a curve of 470 feet radius, the center of which bears North 69 degrees 08’ 44” East; Thence Southeasterly along said curve to the left, 189.41 feet to the True Point of Beginning, the chord length and chord bearing of said curve are 188.12 feet and South 32 degrees 23’ 57” East; Thence continuing along said curve to the left, 105.23 feet; Thence North 33 degrees 13’ 44” East, 200.00 feet to an intersection with a curve of 270 feet radius, the center of which bears North 33 degrees 13’ 44” East; Thence Northwesterly along said curve, 60.45 feet, the chord length and chord bearing are 60.32 feet, and North 50 degrees 21’ West; Thence South 46 degrees 03’ 22” West, 200.00 feet to the True Point of Beginning. Situate in Whatcom County, Washington. Parcel B: An easement for ingress and egress as granted by that certain instrument recorded May 24, 1978, under Whatcom County Auditor’s File No. 1289747. Situate in Whatcom County, Washington. Commonly known as: 2600 Michael Road Bellingham, WA 98226 which is subject to that certain Deed of Trust dated 01/21/09, recorded on 01/26/09, under Auditor’s File No. 2090102383 and Loan Modification Recorded on 8/28/2015 under Auditor’s File No. 2150803278, records of Whatcom County, Washington, from Rodney G Taylor and Jennifer O Taylor, Husband and Wife, as Grantor, to Whatcom Land Title Co Inc., as Trustee, to secure an obligation “Obligation” in favor of Whatcom Educational Credit Union, 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 reinstate as of 7/11/2017. If reinstating after this date, please contact NWTS for the exact reinstatement amount.
Monthly Payments $7,672.97
Late Charges $258.79
Lender’s Fees & Costs $112.67
Total Arrearage $8,044.43
Trustee’s Expenses (Itemization)
Trustee’s Fee $1,275.00
Title Report $0.00
Statutory Mailings $11.44
Recording Costs $0.00
Postings $80.00
Sale Costs $330.00
Total Costs $1,696.44
Total Amount Due: $9,740.87
Other known defaults as follows:
IV. The sum owing on the Obligation is: Principal Balance of $174,447.94, together with interest as provided in the note or other instrument evidencing the Obligation from 11/01/16, 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 November 17, 2017. The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances costs and fees thereafter due, must be cured by 11/06/17 (11 days before the sale date), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time before 11/06/17 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, is/are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after 11/06/17 (11 days before the sale date), and before the sale by the Borrower, Grantor, any Guarantor or the holder of any recorded junior lien or encumbrance paying the entire balance of principal and interest secured by the Deed of Trust, plus costs, fees, and advances, if any made pursuant to the terms of the obligation and/or Deed of Trust, and curing all other defaults.
VI. A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following address(es):

Rodney Taylor
2600 Michael Road
Bellingham, WA 98226

Jennifer Taylor
2600 Michael Road
Bellingham, WA 98226

by both first class and certified mail, return receipt requested on 06/05/17, proof of which is in the possession of the Trustee; and on 06/06/17 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: Nanci Lambert (425) 586-1900.
Taylor, Rodney G. and Jennifer O. (TS# 7949.20138) 1002.291719-File No.

Published October 18 and November 8, 2017

 

PUBLIC NOTICE

SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA

In re Matter of:
ADOPTION PETITION OF
CAMERON T. NORRIS, Petitioner
Case No.: T000016
PETITION FOR ORDER TERMINATING PARENTAL RIGHTS OF NATURAL FATHER AND FREEING MINOR FOR ADOPTION PER FAMILY CODE § 7822
Petitioner, Cameron T. Norris hereby requests an order from the court freeing Kambria Payton Cherry, born October 2, 2002 in Kalispell, Montana from parental custody and control for the purpose of being legally adopted by Petitioner. The evidence will show that the adoption is in the minor children’s best interests and that the parental rights of the biological father should be terminated pursuant to various statutory provisions as detailed below. The minor child’s name was changed from Kambria Payton Casarez to Kambria Payton Cherry on or about February 6, 2013.
Petitioner, Cameron T. Norris, is the minor child’s step-father and is married to Tiffany Amber Norris who is the biological mother of the minor child subject to this proceeding. She is consenting to this step-parent adoption.
BRIEF STATEMENT OF FACTS
The Petitioner, Cameron T. Norris, is filing a Request for Adoption concurrently with this request. The natural father, Esequiel Casarez, has not been involved in the child’s life for many years and has not seen the minor child since 2006 when she was 2 years old. The child has been in the custody and care of the biological mother for the last 12 years without support or communication from the natural father.
POINTS AND AUTHORITY WITH LEGAL ARGUMENT
Parental rights can be terminated based upon abandonment for Adoption Purposes.
Family Code § 7822 provides, in relevant part:
(a) A proceeding under this part may be brought if any of the following occur: (1) The child has been left without provision for the child’s identification by the child’s parent or parents. (2) The child has been left by both parents or the sole parent in the care and custody of another person for a period of six months without any provision for the child’s support, or without communication from the parent or parents, with the intent on the part of the parent or parents to abandon the child. (3) One parent has left the child in the care and custody of the other parent for a period of one year without any provision for the child’s support, or without communication from the parent, with the intent on the part of the parent to abandon the child. (b) The failure to provide identification, failure to provide support, or failure to communicate is presumptive evidence of the intent to abandon.  If the parent or parents have made only token efforts to support or communicate with the child, the court may declare the child abandoned by the parent or parents.  In the event that a guardian has been appointed for the child, the court may still declare the child abandoned if the parent or parents have failed to communicate with or support the child within the meaning of this section.
In this case, there is adequate basis for termination under Family Code § 7822 specifically in regards to Family Code §7822 (b) for “failure to support or communicate”. There has been no communication between the natural father and the child for over 10 years. The natural father has not provided support for the child for the last 6 years.
Petitioner, Cameron T. Norris asks that the court order the parental rights of the natural father with reference to Kambria Payton Cherry, be terminated and that his consent is not required for the adoption by Petitioner.
DATED: 3/6/17
Respectively Submitted,
Cameron T. Norris, Petitioner
VERIFICATION
I, Cameron T. Norris, am the Petitioner in this matter. I have read the foregoing Petition to Terminate Parental Rights of Natural Father and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matter, I believe them to be true.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed this 6th day of March, 2017 at Camarillo, California.
Cameron T. Norris, Petitioner, Attorney for Petitioner
SBN 282487
Norris Legal Group, APC
1000 Paseo Camarillo, Suite 227
Camarillo, CA 93010
TELEPHONE: (805) 482-1170
FAX: (805) 482-1172

Published October 4, 11, 18, and 25, 2017

SERVICE BY PUBLICATION

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

COURT CAUSE NO. 16-2-01639-8
ORDER OF SALE ON REAL PROPERTY
BAYVIEW LOAN SERVICING, LLC,
Plaintiff(s),
vs.
ESTATE OF LUELLA E. WALTON, an estate; SHANNAH WALTON AKA SHANNA WALTON, an heir; CHERYL RAE BICE, an heir; UNKNOWN HEIRS OF LUELLA E. WALTON, unknown heirs; 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: ESTATE OF LUELLA E. WALTON, an estate; SHANNAH WALTON AKA SHANNA WALTON, an heir; CHERYL RAE BICE, an heir; UNKNOWN HEIRS OF LUELLA E. WALTON, unknown heirs; 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 STATE OF WASHINGTON TO THE SHERIFF OF WHATCOM COUNTY GREETINGS:
WHEREAS, in the above-entitled court, Plaintiff, secured a judgement and decree of foreclosure (“Judgment”) against Defendants ESTATE OF LUELLA E. WALTON, in the amount of $366,250.18, together with interest at the rate of 7.375% per annum, $52.10 per diem from June 3, 2017, the date after interest good through on the Judgment, to July 26, 2017, the date of Judgment entry, in the amount of $2,761.30;
WHEREAS, post-judgment interest is accruing on $369,011.48 until the date of sale at 12% per annum, $121.31 per diem;
WHEREAS, the Judgment is a foreclosure against parties of a deed of trust mortgage on the real property (“Property”) at 5739 Vista Drive, Ferndale, WA 98248 and described in Exhibit “1” attached hereto;
WHEREAS, on July 26, 2017, the Court ordered that all of the Property be sold and the proceeds applied to the payment of principal, interest, attorney’s fees, costs and disbursements and other recovery amounts with interest to date of the sale of the property.
NOW, THEREFORE, in the name of the STATE OF WASHINGTON you are hereby commanded to proceed to seize and sell forthwith and without appraisement, the Property, in the manner provided by law, or so much thereof as may be necessary to satisfy the judgment amount plus interest to the date of sale. The redemption period is eight (8) months. The Sheriff’s notice of sale shall be published in a publication of general circulation.
EXHIBIT 1
A tract of land in the Southeast quarter of the Southeast quarter of Section 19, Township 39 North, Range 2 East and the Southwest quarter of the Southwest quarter of Section 20, Township 39 North, Range 2 East of W.M., described as follows:
Beginning at a concrete monument marking the intersection of the center line of Washington Avenue with the center line of Vista Drive, (streets in the Town of Ferndale); thence South 35° 36’26” East along the center line of Vista Drive, 250.93 feet; thence South 54°23’34” West, 30 feet to the Southwesterly line of Vista Drive as it existed on August 6, 1976 and the true point of beginning; thence South 54°23’34” West, 125 feet; thence North 35°36’26” West to a point which lies South 35°36’26” East a distance of 57.30 feet and South 54°40’34” West a distance of 155 feet from the intersection of the center lines of said Washington Avenue, and Vista Drive; thence South 48°57’50” West a distance of 134.76 feet to a point on the most Southerly line of the tract conveyed to the First Baptist Church of Ferndale under Whatcom County Auditor’s File No. 1009661; thence South 89°54’03” East a distance of 24.59 feet to the West line of said Section 30; thence south 1°05’57” East, a distance of 122.49 feet along the section line; thence in a general Easterly direction to a point which is South 35°36’26” East 270.93 feet and South 54° 23’34” West 194.50 feet from the concrete monument marking the intersection of the center lines of Washington Avenue and Vista Drive, said point also being the most Westerly corner of a tract conveyed to Ruby I. Block by deed recorded July 1, 1966 under Auditor’s File No. 1009659; thence North 54°23’34” East 164.50 feet to the Southwesterly right of way line of Vista Drive as it existed on August 6,1976; thence North 35°36’26” West, along said right of way line 20 feet to the true point of beginning.
Situate in Whatcom County, Washington.
WITNESS, the Honorable Pamela Englett, Commissioner of the Whatcom County Superior Court and the seal of said Court, affixed thereof this 11th day of September, 2017.
THE SALE DATE has been set for Friday, December 1, 2017, 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 October 18, 25 and November 1, 8, 15 and 22, 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

SUMMONS BY PUBLICATION

Citation regarding petition to declare child free from parental custody and control (family code 7880, 7881)

ATTORNEY OR PARTY WITHOUT ATTORNEY: Cameron T. Norris 282487
Norris Legal Group, APC
1000 Paseo Camarillo, Suite 227
Camarillo, CA 93010
TELEPHONE: (805) 482-1170
FAX: (805) 482-1172
EMAIL ADDRESS:
[email protected]
SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA
4353 E. VINEYARD AVE.,
OXNARD, CA 93036
PETITION OF: Cameron T. Norris
CASE NUMBER: T000016
TO Esequiel Casarez (parent of minor child)
and to all persons claiming to be the parent of the minor child whose name is: Kambria Payton Cherry.
By order of this Court you are cited and you may/shall appear before a judge of the Ventura County Superior Court in courtroom J1, located at 4353 E. Vineyard Ave., Oxnard, CA on the date of 11/3/17 at 8:30 a.m. to show cause, if you have any reason why the minor child should not be declared free from the custody and control of her/his parent(s), according to the petition filed under Family Code section 7800 et seq.
The petition to declare the child free from the custody and control of a parent has been filed for the purpose of freeing the minor child for adoption.
You have the right to be represented by counsel. If you appear without counsel, and are unable to afford counsel, upon your request, the court shall appoint counsel to represent you. The court may appoint counsel to represent the minor, whether or not the minor can afford counsel.
Private counsel appointed by the court shall be paid a reasonable sum for compensation and expenses, in an amount to be determined by the court and which amount shall be paid by the parties, other than the child, in proportions the court deems just. However, if a party is unable to afford counsel, the amount shall be paid out of the county’s general fund.
The court may continue the proceeding for not to exceed 30 days as necessary to appoint counsel and to enable counsel to become acquainted with the case.
Dated: September 15, 2017
Michael D. Planet
Beatriz Mendez

Published October 4, 11, 18, and 25, 2017