LYNDEN

CITY OF LYNDEN

LEGAL NOTICE OF MEETING CANCELLATION

FOR THE PROPOSED DUFFNER MOBILE HOME

PARK CONDITIONAL USE PERMIT

NOTICE IS HEREBY GIVEN that the City of Lynden has cancelled the August 12, 2021, Planning Commission hearing scheduled for the Duffner Mobile Home Park Conditional Use Permit.

COMMONLY DESCRIBED AS:  2010 Front Street, Lynden.

Any future public hearings regarding this project will follow the public notice requirements as outlined in Title 17 of the Lynden Municipal Code.

Published August 11, 2021

CITY OF LYNDEN

LEGAL NOTICE OF APPLICATION FOR A

CONDITIONAL USE PERMIT AND PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on July 2, 2021, the City of Lynden received an application from Steven and Denise Loeffler, regarding the property described below:

LOT 1, NUEFELDT SHORT PLAT, ACCORDING TO THE PLAT THEREOF, RECORDED UNDER AUDITORS FILE NO. 1990204333 RECORDS OF WHATCOM COUNTY, WASHINGTON.  SITUATE IN WHATCOM COUNTY, WASHINGTON.

COMMONLY DESCRIBED AS:  8283 Double Ditch Road, Lynden

requesting a conditional use permit to allow short term Air BNB rentals at the above noted address located within the RS-100 zone.  The application was determined to be complete on July 19, 2021, and the notice of completeness was postmarked on that date.

A public hearing with the Lynden Planning Commission has been tentatively scheduled for September 9, 2021.  Under Lynden Municipal Code 17.09.100, the final decision for this project must be made within 120 days from the date of the letter of completeness.  Any persons wishing to comment on the application or the proposal may do by submitting their written comments to Heidi Gudde, Planning Director, 300 4th Street, Lynden 98264, by August 25, 2021, or by attending the public hearing to be held at 7:00 P.M. September 9, 2021 at the Lynden City Hall Annex located at 205 4th Street.

Published August 11, 2021

CITY OF LYNDEN

LEGAL NOTICE OF APPLICATION FOR A

SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT

AND PUBLIC HEARING

NOTICE IS HEREBY GIVEN that on May 17, 2021, the City of Lynden received an application from Shane Bajema, Cedarbrook Partners, LLC, regarding the property described below:

LOT 1 OF THE VAN DYKEN SHORT PLAT, ACCORDING TO THE PLAT MAP THEREOF, RECORDED UNDER A.F. NO. 2000201901, RECORDS OF WHATCOM COUNTY WASHINGTON.  ALL SITUATE IN WHATCOM COUNTY WASHINGTON.

COMMONLY DESCRIBED AS: 131 E Cedar Drive, Lynden

Requesting the approval to subdivide approximately 3.05 acres into 4 parcels within the RS-100 (Residential Single-Family) zone within the 200-foot shoreline jurisdiction of Fishtrap Creek at the above noted location.  The application was determined to be complete on June 4, 2021, and the notice of completeness was postmarked on that date.

A public hearing with the Lynden Hearing Examiner has been scheduled for August 26, 2021.  Any persons wishing to comment on the application or the proposal may do by submitting their written comments to Heidi Gudde, Planning Director, 300 4th Street, Lynden 98264, by August 25, 2021, or by attending the public hearing to be held at 9:00 A.M., August 26, 2021, at the City of Lynden City Hall Annex, 205 4th Street.

Published August 11, 2021

LEGAL NOTICE OF

STATE ENVIRONMENTAL POLICY ACT

DETERMINATION OF NON-SIGNIFICANCE

NOTICE IS HEREBY GIVEN that on June 18, 2021, the City of Lynden received a SEPA Checklist from David Vos, owner of Vander Giessen Nursery, Inc., regarding the non-project action described below:

Description of Proposal: A Comprehensive Plan Amendment to change the Comprehensive Plan designation of two parcels owned by Vander Giessen Nursery from Residential to Industrial.  It would specifically change the zoning of the subject parcels from Residential Single Family 7,200 (RS-72) to Industrial Business Zone (IBZ).

Location (2 Parcels):

Address: 315 E Grover St

Parcel Numbers: 4003204924590000

Abbr Legal Description: HAWLEY-LAWRENCES ADD TO LYNDEN LOTS 3-4 BLK 19-EXC NLY 50 FT THEREOF

Address: 205 Hawley St

Parcel Number: 4003204904640000

Abbr Legal Description: HAWLEY-LAWRENCES ADD TO LYNDEN NLY 50 FT OF LOTS 3-4 BLK 19

After reviewing the environmental checklist and other information on file with the agency, the City of Lynden has determined that this proposal will not have a probable significant adverse impact on the environment should standard conditions be met.  Copies of the DNS are available from the City of Lynden, 300 4th St., WA.  The public is invited to comment on this DNS by submitting written comments to Heidi Gudde, Planning Director, no later than August 25, 2021, at 300 4th Street, Lynden, WA  98264.

Published August 11, 2021


NOTICE OF TRUSTEE'S SALE

TS #: 19-58940

Title Order #: 191139163-WA-MSI

NOTICE OF TRUSTEE’S SALE

Grantor:  ALLEN L. NICHOLSON, WHO ACQUIRED TITLE AS HIS SEPARATE PROPERTY

Current beneficiary of the deed of trust: Lakeview Loan Servicing, LLC

Current trustee of the deed of trust: North Star Trustee, LLC

Current mortgage servicer for the deed of trust: Flagstar Bank FSB

Reference number of the deed of trust: 2130201482

Parcel Number(s):

405-123-149336-0000

I. NOTICE IS HEREBY GIVEN that the undersigned Trustee, North Star Trustee, LLC will on 9/10/2021, at 9:00 AM at the main entrance of the Whatcom County Courthouse, 311 Grand Ave., Bellingham, WA 98225 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, to-wit:

LOT 71, BAY RIDGE ESTATES, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 14 OF PLATS, PAGE(S) 14 AND 15, RECORDS OF WHATCOM COUNTY, WASHINGTON.

Commonly known as:    

5589 BAY RIDGE DR

BLAINE, WASHINGTON 98230

which is subject to that certain Deed of Trust dated 2/7/2013, recorded 2/12/2013, as Instrument No. 2130201482, The Deed of Trust has been reformed under Default Judgment for Declaratory Relief recorded 7/7/2020 under recording number #2020-0700855, records of Whatcom County, Washington, from ALLEN L. NICHOLSON, WHO ACQUIRED TITLE AS HIS SEPARATE PROPERTY, as Grantor(s), to ADELITA A. SHUBERT ON BEHALF OF FLAGSTAR BANK, FSB, as Trustee, to secure an obligation in favor of  Mortgage Electronic Registration Systems, Inc. (“MERS”), as designated nominee for FLAGSTAR BANK, FSB, A FEDERALLY CHARTERED SAVINGS BANK, beneficiary of the security instrument, its successors and assigns, as Beneficiary, the beneficial interest in which was assigned to  Lakeview Loan Servicing, LLC, under an Assignment recorded under Auditor’s File No. 2019-0801285.

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:

PAYMENT INFORMATION

FROM    THRU    NO.PMT    AMOUNT    TOTAL

5/1/2019    06/30/2019    2    $1,346.71       $2,693.42

7/1/2019    06/30/2020    12    $1,319.53     $15,834.36

7/1/2020    03/31/2021    9    $1,659.06     $14,931.54

4/1/2021 05/11/2021

2    $1,466.83       $2,933.66

Title/Appraisal:                 $976.13

Inspections:                      $156.00

Legal Fees Advanced:    $2,720.16

Other Fees: $15.00        

LATE CHARGE INFORMATION

TOTAL LATE CHARGES    TOTAL                             $266.08

PROMISSORY NOTE INFORMATION

Note Dated:        2/7/2013

Note Amount:           $193,385.00

Interest Paid To:       4/1/2019

Next Due Date:       5/1/2019

IV. The sum owing on the obligation secured by the Deed of Trust is:  Principal   $168,183.33, together with interest as provided in the note or other instrument secured from 4/1/2019, 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 9/10/2021.  The default(s) referred to in Paragraph III must be cured by 8/30/2021, (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 8/30/2021 (11 days before the sale) the default as set forth in Paragraph III is cured and the Trustee’s fees and costs are paid. Payment must be in cash or with cashiers or certified checks from a State or federally chartered bank.  The sale may be terminated any time after the 8/30/2021 (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 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:

ALLEN L NICHOLSON    

PO BOX 1329

BLAINE, WASHINGTON 98231

ALLEN L. NICHOLSON    19201 226TH AVE  

WOODINVILLE, WASHINGTON 98077

ALLEN L. NICHOLSON    5589 BAY RIDGE DR

BLAINE, WASHINGTON 98230

SPOUSE OF ALLEN L NICHOLSON    19201 226TH AVE  

WOODINVILLE, WASHINGTON 98077

SPOUSE OF ALLEN L NICHOLSON    5589 BAY RIDGE DR

BLAINE, WASHINGTON 98230

SPOUSE OF ALLEN L NICHOLSON    PO BOX 1329

BLAINE, WASHINGTON 98231

by both first class and certified mail on 10/28/2019, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served 10/29/2019, 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 below will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale.

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

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

X. NOTICE TO OCCUPANTS OR TENANTS – The purchaser at the Trustee’s Sale is entitled to possession of the property on the 20th day following the sale, as against the Grantor under the deed of trust (the owner) and anyone having an interest junior to the deed of trust, including occupants and 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.

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: 1-877-894HOME (1-877-894-4663)

Web site: http://www.dfi.wa.gov/consumers/homeownership/

The United States Department of Housing and Urban Development: Telephone: 1-800-569-4287

Web site: http://portal.hud.gov/hudportal/HUD

The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys

Telephone: 1-800-606-4819    Web site: http://www.ocla.wa.gov

This office is enforcing a security interest of your creditor. To the extent that your obligation has been discharged by a bankruptcy court or is subject to an automatic stay of bankruptcy, this notice is for informational purposes only and does not constitute a demand for payment or any attempt to collect such obligation.

DATED: 4/29/2021

North Star Trustee, LLC, as Trustee

Lisa Hackney, Vice President of Trustee Operations

Address for service:

North Star Trustee, LLC

6100 219th ST SW, Suite 480

Mountlake Terrace, Washington 98043

Trustee Phone No: (206) 866-5345

Beneficiary / Servicer Phone:  1-800-393-4887

STATE OF WASHINGTON          ss.

COUNTY OF SNOHOMISH    

I certify that I know or have satisfactory evidence that Lisa Hackney is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the Vice President of Trustee Operations of North Star Trustee, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.

Dated: 4/29/2021

Kellie Barnes    

NOTARY PUBLIC in and for the State of Washington, residing at Lynnwood, WA

My commission expires

6/10/2024

EPP 32754 8/11, 9/1/2021

Published August 11 & September 1, 2021


PROBATE NOTICE TO CREDITORS

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

ESTATE OF:

MARY JEAN KING, Deceased.

No. 21-4-00437-37

PROBATE NOTICE TO CREDITORS

(RCW 11.40.030)

The Personal Representative named below has been appointed Personal Representative of this estate.  Any person having a claim against the decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the Personal Representative or the Personal Representative’s attorney at the address stated below a copy of the claim and filing the original of the claim with the court.  The claim must be presented within the later of: (1) Thirty days after the Personal Representative served or mailed the notice to the creditor as provided under RCW 11.40.020(3); or (2) four months after the date of first publication of notice.  If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060.  This bar is effective as to claims against both the decedent’s probate and non-probate assets.

Personal Representative:        Elaine MacDonald

Date of filing copy of notice to creditors:   

Wednesday July 28, 2021

Date of first publication:    

Wednesday July 28, 2021

Address for Mailing or Service:  

P.O. Box 231, Lynden, WA  98264

STARKENBURG-KROONTJE, P.S.

Lesa Starkenburg-Kroontje, WSBA #21843

Attorney for Personal Representative

Estate of Mary Jean King

Published July 28, August 4 & 11, 2021

SUPERIOR COURT OF WASHINGTON IN AND FOR KING COUNTY

IN THE MATTER OF THE ESTATE OF

DAVID WADLEIGH, Deceased.

Probate No. 21-4-05004-6 SEA

PROBATE NOTICE TO CREDITORS

(RCW 11.40.030)

THE PERSONAL REPRESENTATIVE NAMED BELOW has been appointed as personal representative of this estate.  Any person having a claim against the Decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the personal representative or the personal representative’s attorney at the address stated below a copy of the claim and filing the original of the claim with the court in which the probate proceedings were commenced.  The claim must be presented within the later of:  (1)  Thirty days after the personal representative served or mailed the notice to the creditor as provided under RCW 11.40.020(1)(c); or (2) four months after the date of first publication of the notice.  If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and 11.40.060.  This bar is effective as to claims against both the Decedent’s probate and nonprobate assets.

Date of first publication: August 11, 2021

Personal Representative:  

Charlotte Koehler

Attorney for Personal Representative: Henry W. Grenley

WSBA No. 1321

Mullavey, Prout, Grenley & Foe, LLP

2401 N.W. 65th

P. O. Box 70567

Seattle, WA 98127-0567

(206) 789-2511

Fax (206) 789-4484

Published August 11, 18 & 25, 2021

SUMMONS BY PUBLICATION

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

Janet Myers, Plaintiff

vs.

ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE REAL ESTATE DESCRIBED IN THE COMPLAINT, Defendants.

No. 21-2-00739-37

SUMMONS BY PUBLICATION

Judge: David E. Freeman

THE STATE OF WASHINGTON TO DEFENDANTS:

You are hereby summoned to appear within sixty (60) days after the date of the first publication of this Summons, to wit, within sixty (60) days after the 4th day of August, 2021, and defend the above-entitled action in the above-entitled court, and answer the complaint of the Plaintiff Janet Myers, and serve a copy of your answer upon the undersigned attorneys for Plaintiff, Wolf & Lee, LLP, at their office below stated; and in case of your failure to do so, judgment will be rendered against you according to the demand of the complaint, which has been filed with the clerk of said court.

This matter involves a claim by Plaintiff that property conveyed to her by her mother by way of a Revocable Transfer on Death Deed (“Deed”), recorded under Whatcom County Auditor’s File No. 2017-1200408, contained an incorrect legal description for the property as a result of a scrivener’s error. Plaintiff seeks a reformation of the Deed to reference the correct legal description for the property and to thereby quiet title to the property in her name exclusively. Plaintiff maintains that the correct legal description is that contained in the July 20, 1984, Quit Claim Deed from Lonnie Collins to Roy and Elsie Burgy, recorded under Whatcom County Auditor’s File No. 1485498.

In the alternative, and to the extent the Deed did not convey the property to Plaintiff, her mother had all right, title, and interest in the property at the time of death, and Plaintiff was entitled under her mother’s will to all residue of her estate. Plaintiff thereby alternatively seeks an order and judgment quieting title to the property in her name exclusively.

DATED this 26th day of July, 2021.

Mark J. Lee, WSBA #19339

Haylee J. Hurst, WSBA #51406

Elizabeth Slattery, WSBA #56349

of Wolf & Lee, LLP

Attorneys for Plaintiff

File response with:

Whatcom County Superior Court

311 Grand Avenue, Suite 301

Bellingham, WA 98225

(360) 778-5560

Serve copy of response on:

Wolf & Lee, LLP

230 E. Champion Street

Bellingham, WA 98225

(360) 676-0306

Published August 4, 11, 18, 25 & September 1, 8, 2021