LEGALS- SEPTEMBER 18, 2019

FERNDALE

LEGAL

NOTICE OF APPLICATION

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 and the review process can now be initiated, no approvals have been granted at this time.

Pursuant to Section 14.15.030 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development application.  The public and affected agencies are invited to comment on the proposed project, receive notice of and participate in hearings, to request a copy of the decision once made and the applicable appeal rights.

APPLICANT NAME: David Braithwaite

APPLICANT’S AGENT: N/A

APPLICATION NUMBER: 19002-CAT

DATE OF NOTICE OF APPLICATION: September 18, 2019

DATE OF APPLICATION: August 30, 2019

DATE OF COMPLETE APPLICATION: September 05, 2019

ASSOCIATED SEPA NUMBER (IF APPLICABLE): 19017-SE

PROJECT LOCATION/ADDRESS: The project site is located at the corner of 4th Avenue and Alder Street, Parcel Number 390229 031525 0000 and 390229 036518 0000.

PROJECT DESCRIPTION: The applicant is proposing to construct a five-story mixed use building with 9,160 square feet of commercial and 22-24 residential units. Parking would be below the structure.  No commercial tenants have been identified.

Visit www.cityofferndale.org/catalyst for more information.

REQUESTED ACTION(S): The applicant requests approval of a catalyst project from the City Council based on consideration of recommendations provided by the Catalyst Committee, pursuant to FMC 18.48.

PUBLIC COMMENT PERIOD: September 18, 2019 – October 1, 2019

PUBLIC HEARING TO BE ADVERTISED IN THE FUTURE: Yes

CONTACT: Haylie Miller

Community Development Director

P.O. Box 936

Ferndale, WA 98248

(360) 685-2367

Required permits and approvals include, but may not be limited to:

1. Catalyst Review/Site Plan Review, City of Ferndale

2. SEPA, City of Ferndale

3. Land Disturbance Permit, City of Ferndale

4. Lot Line Adjustment, City of Ferndale

5. Building Permits, City of Ferndale

Published September 18, 2019

LEGAL

NOTICE OF APPLICATION

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 and the review process can now be initiated, no approvals have been granted at this time.

Pursuant to Section 14.15.030 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development application.  The public and affected agencies are invited to comment on the proposed project, receive notice of and participate in hearings, to request a copy of the decision once made and the applicable appeal rights.

APPLICANT NAME: Sam Boulos, BNB-ASB, LLC

APPLICANT’S AGENT: Jules Manos, Credo Construction

APPLICATION NUMBER: 19004-CAT

DATE OF NOTICE OF APPLICATION: September 18, 2019

DATE OF APPLICATION: September 03, 2019

DATE OF COMPLETE APPLICATION: September 10, 2019

ASSOCIATED SEPA NUMBER (IF APPLICABLE): 10006-SE

PROJECT LOCATION/ADDRESS: The project site is located at 2130 Main Street, Parcel Number 390229 043492 0000.

PROJECT DESCRIPTION: The applicant proposes to construct two buildings. The commercial building will be three stories and provide approximately 18,000 square feet of commercial space. The residential building will have two levels of parking and four levels of residential units providing 32 condominium units. No specific commercial tenants have been identified.

Visit www.cityofferndale.org/catalyst for more information.

REQUESTED ACTION(S): The applicant requests approval of a catalyst project from the City Council based on consideration of recommendations provided by the Catalyst Committee, pursuant to FMC 18.48.

PUBLIC COMMENT PERIOD: September 18, 2019 – October 1, 2019

PUBLIC HEARING TO BE ADVERTISED IN THE FUTURE: Yes

CONTACT: Haylie Miller

Community Development Director

P.O. Box 936

Ferndale WA 98248

(360) 685-2367

Required permits and approvals include, but may not be limited to:

1. Catalyst Review/Site Plan Review, City of Ferndale

2. SEPA, City of Ferndale

3. Land Disturbance Permit, City of Ferndale

4. Building Permits, City of Ferndale

Published September 18, 2019

LEGAL

NOTICE OF APPLICATION

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 and the review process can now be initiated, no approvals have been granted at this time.

Pursuant to Section 14.15.030 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development application.  The public and affected agencies are invited to comment on the proposed project, receive notice of and participate in hearings, to request a copy of the decision once made and the applicable appeal rights.

APPLICANT NAME: David Braithwaite

APPLICANT’S AGENT: N/A

APPLICATION NUMBER: 19001-CAT

DATE OF NOTICE OF APPLICATION: September 18, 2019

DATE OF APPLICATION: September 03, 2019

DATE OF COMPLETE APPLICATION: September 05, 2019

ASSOCIATED SEPA NUMBER (IF APPLICABLE): 19016-SE

PROJECT LOCATION/ADDRESS: The project site is located on multiple parcels around 1985 Main Street including Parcel Numbers 390229 154474 0000, 390229 49475 0000, 390229 152469 0000, 390229 144465 0000, 390229 144458 0000 and 390229 157455 0000.

PROJECT DESCRIPTION: The applicant proposes to construct up to two five-story mixed-use commercial buildings with 124 residential units and 9,203 square feet for commercial use. A parking garage will be below the structure.  No specific commercial tenants have been identified.

Visit www.cityofferndale.org/catalyst for more information.

REQUESTED ACTION(S): The applicant requests approval of a catalyst project from the City Council based on consideration of recommendations provided by the Catalyst Committee, pursuant to FMC 18.48.

PUBLIC COMMENT PERIOD: September 18, 2019 – October 1, 2019

PUBLIC HEARING TO BE ADVERTISED IN THE FUTURE: Yes

CONTACT: Haylie Miller

Community Development Director

P.O. Box 936

Ferndale, WA 98248

(360) 685-2367

Required permits and approvals include, but may not be limited to:

1. Catalyst Review/Site Plan Review, City of Ferndale

2. SEPA, City of Ferndale

3. Land Disturbance Permit, City of Ferndale

4. Building Permits, City of Ferndale

Published September 18, 2019

LEGAL

NOTICE OF APPLICATION

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 and the review process can now be initiated, no approvals have been granted at this time.

Pursuant to Section 14.15.030 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development application.  The public and affected agencies are invited to comment on the proposed project, receive notice of and participate in hearings, to request a copy of the decision once made and the applicable appeal rights.

APPLICANT NAME: Martin Hernandez

APPLICANT’S AGENT: David Braithwaite, Graite Construction

APPLICATION NUMBER: 19003-CAT

DATE OF NOTICE OF APPLICATION: September 18, 2019

DATE OF APPLICATION: August 30, 2019

DATE OF COMPLETE APPLICATION: September 05, 2019

ASSOCIATED SEPA NUMBER (IF APPLICABLE): 19018-SE

PROJECT LOCATION/ADDRESS: The project site is located on multiple parcels adjacent to and on 5694 Third Avenue, including Parcel Numbers 390229 102534 0000, 390229 117531 0000, 390229 114528 0000, and 390229 111524 0000.

PROJECT DESCRIPTION: The applicant proposes to construct a five-story mixed use building with 10,143 square feet of commercial use and 104 residential units. A parking garage would be below the structure. No specific commercial tenants have been identified.

Visit www.cityofferndale.org/catalyst for more information.

REQUESTED ACTION(S): The applicant requests approval of a catalyst project from the City Council based on consideration of recommendations provided by the Catalyst Committee, pursuant to FMC 18.48.

PUBLIC COMMENT PERIOD: September 18, 2019 – October 1, 2019

PUBLIC HEARING TO BE ADVERTISED IN THE FUTURE: Yes

CONTACT: Haylie Miller

Community Development Director

P.O. Box 936

Ferndale, WA 98248

(360) 685-2367

Required permits and approvals include, but may not be limited to:

1. Catalyst Review/Site Plan Review, City of Ferndale

2. SEPA, City of Ferndale

3. Land Disturbance Permit, City of Ferndale

4. Building Permits, City of Ferndale

Published September 18, 2019

LEGAL

NOTICE OF APPLICATION

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 and the review process can now be initiated, no approvals have been granted at this time.

Pursuant to Section 14.15.030 of the Ferndale Municipal Code the following notice is provided to inform the community of the City’s receipt of the development application.  The public and affected agencies are invited to comment on the proposed project, receive notice of and participate in hearings, to request a copy of the decision once made and the applicable appeal rights.

APPLICANT NAME: The Church in Bellingham

APPLICANT’S AGENT: Pioneer Post Frame, Inc.

APPLICATION NUMBER: 19003-CUP

DATE OF NOTICE OF APPLICATION: September 18, 2019

DATE OF APPLICATION: September 15, 2019

DATE OF COMPLETE APPLICATION: September 11, 2019

ASSOCIATED SEPA NUMBER (IF APPLICABLE): N/A

PROJECT LOCATION/ADDRESS: The project site is located at 5519 Hovander Road, Parcel Number 390229 360312 0000.

PROJECT DESCRIPTION: The applicant proposes to convert the existing gym facility into a space that would allow for a religious study or educational use.

REQUESTED ACTION(S): The applicant requests approval of a conditional use from the Hearing Examiner.

PUBLIC COMMENT PERIOD: September 18, 2019 – October 1, 2019

PUBLIC HEARING TO BE ADVERTISED IN THE FUTURE: Yes

CONTACT: Jesse Ashbaugh

P.O. Box 936

Ferndale, WA 98248

(360) 685-2368

Required permits and approvals include, but may not be limited to:

1. Conditional Use Permit, City of Ferndale

Published September 18, 2019

LEGAL

Ordinances of the City Council of the City of Ferndale, Washington, passed at the Council meeting of September 16, 2019

Ordinance #2111

An ordinance amending the Ferndale Unified Fee Schedule

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 September 18, 2019

NOTICE OF TRUSTEE’S SALE

LEGAL

ORIGINAL TRUSTEE SALE RECORDED ON 06/14/2019 IN THE OFFICE OF THE WHATCOM COUNTY RECORDER.

NOTICE OF TRUSTEE’S SALE

File No.:19-125142 Title Order No.:8753435 Grantor: Joseph D Whiteaker, and Jessica R Whiteaker, Husband and Wife Current beneficiary of the deed of trust: Carrington Mortgage Services, LLC Current trustee of the deed of trust: Aztec Foreclosure Corporation of Washington Current mortgage servicer of the deed of trust: Carrington Mortgage Services, LLC Reference number of the deed of trust: 2090504485 Parcel number(s): 3805082760410000 / PID 84344 Abbreviated legal description: PTN OF SW1/4 SE1/4, S8, T38N, R5E Commonly known as: 4120 Valley Hwy, Deming, WA 98244

I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, AZTEC FORECLOSURE CORPORATION OF WASHINGTON will on October 18, 2019, at the hour of 10:00am At the main entrance to the Whatcom County Courthouse, 311 Grand Ave, Bellingham, WA, State of Washington, sell at public auction to the highest and best bidder, payable at time of sale, the following described real property, situated in the County of Whatcom, State of Washington, to-wit: A TRACT OF LAND ONE ACRE SQUARE, EXCLUSIVE OF ROAD IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 38 NORTH, RANGE 5 EAST OF W.M., DESCRIBED AS FOLLOWS, TO-WIT: COMMENCING AT A POINT ON THE WESTERLY BOUNDARY OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8, 270 FEET NORTH OF THE EAST AND WEST COUNTY ROAD ALONG THE SOUTHERLY SIDE OF SAID 40 ACRE TRACT (BEING THE NORTHWESTERLY CORNER OF THAT TRACT OF LAND DEEDED BY GRANTOR UNDER EVEN DATE HEREWITH TO J W FRAZIER); THENCE EAST TO A POINT 210 FEET EAST OF THE EASTERLY MARGIN OF THE COUNTY ROAD ALONG THE WESTERLY SIDE OF SAID 40 ACRE TRACT; THENCE AT RIGHT ANGLES NORTH 210 FEET; THENCE WEST PARALLEL TO THE SOUTHERLY BOUNDARY OF THIS TRACT TO THE WESTERLY BOUNDARY OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE SOUTH TO THE POINT OF BEGINNING. EXCEPT ROAD. SITUATE IN WHATCOM COUNTY, WASHINGTON. which is the subject of that certain Deed of Trust dated May 26, 2009, recorded May 27, 2009, under Auditor’s File No. 2090504485, records of Whatcom County, Washington, from Joseph D Whiteaker, and Jessica R Whiteaker, Husband and Wife as Grantor, to Recon Trust Company, N.A. as Trustee, to secure an obligation in favor of Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Bank of America N.A, its successors and assigns as Beneficiary, which as assigned by Bank of America, N.A. to Carrington Mortgage Services, LLC under an assignment recorded at Instrument No. 2150600191.

II. No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrower’s or Grantor’s default on the obligation secured by the Deed of Trust.

III. The Default(s) for which this foreclosure is made is/are as follows: Failure to pay when due the following amounts which are now in arrears: Delinquent monthly payments from the December 1, 2018 installment on in the sum of $6,693.89 together with all fees, costs and or disbursements incurred or paid by the beneficiary and or trustee, their employees, agents or assigns. The Trustee’s fees and costs are estimated at $2,346.64 as of June 13, 2019. The amount to cure the default payments as of the date of this notice is $9,285.63. Payments and late charges may continue to accrue and additional advances to your loan may be made. It is necessary to contact the beneficiary or Trustee prior to the time you tender the reinstatement amount so that you may be advised of the exact amount you would be required to pay.

IV. The sum owing on the obligation secured by the Deed of Trust is: Principal Balance $113,756.95, together with interest in the Note or other instrument secured from November 1, 2018, and such other costs and fees as are due under the Note or other instrument secured, and as are provided by statute. The amount necessary to pay off the entire obligation secured by your Deed of Trust as the date of this notice is $121,581.81. Interest and late charges may continue to accrue and additional advances to your loan may be made. It is necessary to contact the beneficiary or Trustee prior to the time you tender the payoff amount so that you may be advised of the exact amount you would be required to pay.

V. The above-described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute. The sale will be made without warranty express or implied regarding title, possession, or encumbrances on October 18, 2019. The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, must be cured by October 7, 2019 (11 days before the sale date), to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before October 7, 2019 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, is/are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after October 7, 2019 (11 days before the sale date), and before the sale by the Borrower, Grantor, any Guarantor or the holder of any recorded junior lien or encumbrance paying the entire principal and interest secured by the Deed of Trust, plus costs, fees and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust, and curing all other defaults.

VI. A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addresses: Joseph D. Whiteaker 4120 Valley Hwy Deming, WA 98244 Joseph D. Whiteaker PO Box 551 Deming, WA 98244 Jessica R Whiteaker 4120 Valley Hwy Deming, WA 98244 Jessica R Whiteaker PO Box 551 Deming, WA 98244 Unknown Spouse and/or Domestic Partner of Joseph D. Whiteaker 4120 Valley Hwy Deming, WA 98244 Unknown Spouse and/or Domestic Partner of Joseph D. Whiteaker PO Box 551 Deming, WA 98244 Unknown Spouse and/or Domestic Partner of Jessica R Whiteaker 4120 Valley Hwy Deming, WA 98244 Unknown Spouse and/or Domestic Partner of Jessica R Whiteaker PO Box 551 Deming, WA 98244 by both first class and certified mail on May 10, 2019 proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on May 10, 2019 with said written notice of default or the written notice of default was posted in a conspicuous place on the real property described in paragraph I above, and the Trustee has possession of proof of such service or posting.

VII. The Trustee whose name and address are set forth above, and whose telephone number is (360) 253-8017 / (877) 430-4787 will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale.

VIII. The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property.

IX. Anyone having an objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130. Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee’s sale.

$83.43

X. NOTICE TO OCCUPANTS OR TENANTS The purchaser at the trustee’s sale is entitled to possession of the property on the 20th day following the sale, as against the grantor under the deed of trust (the owner) and anyone having an interest junior to the deed of trust, including occupants, who are not tenants. After the 20th day following the sale the purchaser has the right to evict occupants who are not tenants by summary proceedings under Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.60.

XI. THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 DAYS from the recording date on this notice to pursue mediation. DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home. See below for safe sources of help. SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you. If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission: Telephone (Toll-free): 1-877-894-HOME (1-877-894-4663) or Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm. The United States Department of Housing and Urban Development: Telephone (Toll-free): 1-800-569-4287 or National Web site: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc. The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone (Toll-Free): 1-800-606-4819 or Web site: http://nwjustice.org/what-clear

XII. A list of the persons this Notice was sent to is attached hereto as exhibit “A”. EXHIBIT “A” Joseph D. Whiteaker 4120 Valley Hwy Deming, WA 98244 Joseph D. Whiteaker PO Box 551 Deming, WA 98244 Jessica R Whiteaker 4120 Valley Hwy Deming, WA 98244 Jessica R Whiteaker PO Box 551 Deming, WA 98244 Unknown Spouse and/or Domestic Partner of Joseph D. Whiteaker 4120 Valley Hwy Deming, WA 98244 Unknown Spouse and/or Domestic Partner of Joseph D. Whiteaker PO Box 551 Deming, WA 98244 Unknown Spouse and/or Domestic Partner of Jessica R Whiteaker 4120 Valley Hwy Deming, WA 98244 Unknown Spouse and/or Domestic Partner of Jessica R Whiteaker PO Box 551 Deming, WA 98244 Mara Snyder The Law Office Mara Snyder, PLLC 119 N Commercial St., Ste 610 Bellingham, WA 98225 Occupant(s) 4120 Valley Hwy Deming, WA 98244

XIII. FAIR DEBT COLLECTION PRACTICES ACT NOTICE: AZTEC FORECLOSURE CORPORATION OF WASHINGTON is attempting to collect a debt and any information obtained will be used for that purpose. If a discharge has been obtained by any party through bankruptcy proceedings, this shall not be construed to be an attempt to collect the outstanding indebtedness or to hold you personally liable for the debt. DATED this 13th day of June, 2019 AZTEC FORECLOSURE CORPORATION OF WASHINGTON By: Inna D. Zagariya Vice President 1499 SE Tech Center Place, Suite 255 Vancouver, WA 98683 (360) 253-8017 / (877) 430-4787 ADDRESS FOR PERSONAL SERVICE Aztec Foreclosure Corporation of Washington 1499 SE Tech Center Place, Suite 255 Vancouver, WA 98683 STATE OF WASHINGTON ) ) SS. COUNTY OF CLARK ) This instrument was acknowledged before me this 13th day of June, 2019, by Inna D. Zagariya, Vice President. Natalie Taras Notary Public in and for the State of Washington My Commission Expires: 3/12/22 NOTARY PUBLIC STATE OF WASHINGTON NATALIE TARAS MY COMMISSION EXPIRES MARCH 12, 2022 NPP0355134 To: FERNDALE RECORD

Published September 18 and October 9, 2019