PUBLIC NOTICE

LEGAL

STATE OF WASHINGTON

DEPARTMENT OF ECOLOGY

 

NOTICE OF APPLICATION TO CHANGE AN EXISTING WATER RIGHT

TAKE NOTICE:

That MDM Properties, LLC of Lynden, WA, on November 21, 2017, has filed an application of change to Groundwater Claim G1-096335CL with a priority date of June 1, 1944. Claimed use is for 105 gallons per minute and 120 acre-feet per year for irrigation of 60 acres. The point of withdrawal (POW), is located within E½ of the NE¼ of S19, T40N, R2E., in Whatcom County, WA. The place of use (POU) is located within S19, T40N, R2E.

The request is to reduce the POU to just parcels owned by Richard A. and Linda Kortus and add additional POWs within the POU. The proposed POU and POWs and located within S19, T40N, R2E.

No increase will be made to the instantaneous withdrawal rate or annual quantity.

Protests or objections to approval of this application must include a detailed statement of the basis for objections. Protests must be accompanied with a fifty-dollar ($50.00) NON-REFUNDABLE recording fee (PLEASE REMIT CHECK OR MONEY ORDER ONLY) and filed with the Department of Ecology at the address shown below, within thirty (30) days from May 8, 2019.

DEPARTMENT OF ECOLOGY

CASHIERING OFFICE - NWRO-WR

PO BOX 47611

OLYMPIA, WA 98504-7611

 

Published May 1 & 8, 2019

LEGAL

STATE OF WASHINGTON

DEPARTMENT OF ECOLOGY

 

NOTICE OF APPLICATIONS TO CHANGE EXISTING WATER RIGHTS

TAKE NOTICE:

That MDM Properties, LLC of Lynden, WA, on July 7, 2016, filed applications of change for Groundwater Certificates (GWC):

• GWC 3993(A) - priority date of January 27, 1961

• GWC 42-A - priority date of September 14, 1946

• GWC 1815-A - priority date of December 11, 1952

GWC 3993(A) has a maximum instantaneous rate (Qi) of 128 gallons per minute (gpm) and a maximum annual quantity (Qa) of 30 acre-feet per year (ac-ft/yr) for irrigation supply on 15 acres. GWC 42-A is for 150 gpm and 25 ac-ft/yr for irrigation supply on 20 acres. GWC 1815-A is for 200 gpm and 120 ac-ft/yr for irrigation supply on 60 acres. The three applications are for a change in place of use (POU), an increase of irrigated acreage, and for additional points of withdrawal (POW).

GWC 3993(A) has a certificated POW and POU located within the E½ of E½ of the SW¼ of S4, T39N, R3E in Whatcom County, WA. GWC 42-A has a certificated POW and POU located within the W½ of SE¼ of S4, T39N, R3E. GWC-1815-A has a certificated POW and POU located within the W½ of NE¼ of S9, T39N, R3E.

The proposed POU for all three applications is located within the S½ of S4, T39N, R3E and the W½ of the NE¼ of S9, T39N, R3E. THe proposed, additional POWs are located within the S½ of S4, T39N, R3E and the NW¼ of the NE¼ of S9, T39N, R3E. The applications of change for GWC 3993(A), GWC 42-A, and GWC 1815-A have a proposed, combined irrigation acreage of 201.5. The applications of change for GWC 3993(A) and GWC 1815-A propose a decrease in Qa to 25.8 and 94.6 ac-ft/yr, respectively.

No increases will be made to the instantaneous withdrawal rates or annual quantities.

Protests or objections to approval of this application must include a detailed statement of the basis for objections. Protests must be accompanied with a fifty-dollar ($50.00) NON-REFUNDABLE recording fee (PLEASE REMIT CHECK OR MONEY ORDER ONLY) and filed with the Department of Ecology at the address shown below, within thirty (30) days from May 8, 2019.

DEPARTMENT OF ECOLOGY

CASHIERING OFFICE - NWRO-WR

PO BOX 47611

OLYMPIA, WA 98504-7611

 

Published May 1 & 8, 2019

 

LEGAL

NOTICE OF SURPLUS PROPERTY HEARING 

LYNDEN SCHOOL DISTRICT #504 

Notice is hereby given that the Board of Directors of Lynden School District will hold a public hearing at the Lynden High School Library on May 23, 2019 at 6:30 P.M. as part of the regular School Board meeting scheduled for that evening.  Any person in attendance at the hearing will have the opportunity to be heard. The purpose of this hearing will be to determine the propriety and advisability of selling real property described as follows: 

The property is legally described as a Lot B of the Old Lynden Middle School Lot Line Adjustment / Lot Consolidation filed under Whatcom County Auditor file 2019-0302787 and further described as Lot B of the Old Lynden Middle School Exempt Subdivision filed under Whatcom County Auditor filed 2019-0302782 being a portion of the NE ¼ of the NW ¼, Section 20, Township 40 North, Range 3 East of W.M. and Amended Portions of Blocks 25, 26, 31, and 32, Plat of Hawley’s Addition. All Within the City of Lynden, Washington and subject to and together with all easements, restrictions and reservations of record. The subject property tax parcel number is a portion of 4003202054880000. The property is commonly known as the ball fields north of the old middle school on Main Street.

 

Published May 8 & 15, 2019

SUMAS

LEGAL

City of Sumas

Notice of Application 

 

The City of Sumas hereby gives notice of a pending application for a short subdivision.The applicants are JE Leppala Construction and John Anker, who propose to subdivide an approximately 1.28-acre property located at the east end of Third Street (to the east of the Dow Street right-of-way) within Sumas WA to create two residential lots. The property is identified under County Assessor’s tax parcel number 410435 144194.The public comment period for this application is from May 8 through May 23, 2019.Written comments may be submitted during that period to Sumas City Hall at the address shown below.

The complete application is available for review at Sumas City Hall during normal business hours.

Sumas City Hall

433 Cherry Street

PO Box 9

Sumas, WA98295

 

Published May 8, 2019

EVERSON

LEGAL

CITY OF EVERSON

NOTICE OF PUBLIC HEARING

 

NOTICE IS HEREBY GIVEN that the Everson City Council will hold a Public Hearing on Tuesday, May 14, 2019, at Everson City Hall, 111 W. Main St, Everson, WA, at 7 p.m., regarding proposed changes to Chapter 13.10 EMC to suspend certain sewer rate charges incurred during summer months to customers within the City. Any party may submit written or oral comments at the hearing. If you are unable to attend the public hearing in person, you may submit your written comments by 4 p.m. on May 14, 2019 to the City Clerk at PO Box 315, Everson, WA 98247. 

M. Dickinson, Clerk/Treasurer 

 

Published May 8, 2019

LYNDEN

LEGAL

INVITATION FOR BID

CITY OF LYNDEN

Old Water Treatment Plant Demolition

City of Lynden Project Number 2010-06

Bid Date: May 30, 2019

Engineer’s Estimate: $687,500

Sealed bid proposals will be received by the City of Lynden at Lynden City Hall, 300 4th Street, Lynden, Washington, 98264, (360) 354-3446, until 1:00 p.m., on Thursday, May 30, 2019, and will then and there be opened and publicly read.

This contract provides for the demolition and disposal of the old water treatment plant at 511 Judson Alley and the adjacent water tower. 

Work will include the removal of the building, water tower, floors and foundations, and other work, all in accordance with the Contract Plans, Special Provisions, the Standard Specifications, including the amendments thereto, and Standard Plans. All materials, equipment, labor, and other miscellaneous items required to complete the work shall be furnished by the contractor unless otherwise noted on the Contract Plans.

All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier’s check, or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond and payment bond both in an amount of 100 percent (100%) of the contract price within the time stated in the specifications, the bid proposal deposit shall be forfeited to the City of Lynden. All bidders and subcontractors shall have a contractor’s license to work in the State of Washington and a City of Lynden Business License.

Information, copies of maps, plans, specifications and addenda for this project will be available

online beginning May 8, 2019 at http://www.lyndenwa.org/public-works/pw-projects/public-works-projects/. The bid documents will also be available for purchase at the Public Works Department, 2nd Floor, Lynden City Hall, 300 4th Street, Lynden, Washington 98264. A non-refundable fee of $55.00 (fifty-five dollars) will be charged for each set of bid documents. An additional $15.00 (fifteen dollar) fee will be charged for mailing. Checks should be made payable to the City of Lynden and mailed to the Public Works Department, 300 4th Street, Lynden WA 98264. Plans and specifications will be available beginning Wednesday, May 8th, 2015. Contractors who download plans and specifications are advised to e-mail burfordl@lyndenwa.org to be added to the plan holders list to receive any addenda that may be issued. Questions regarding this project may be directed to Reichhardt and Ebe Engineering, Inc., 423 Front Street, Lynden, Washington 98264, (360) 354-3687. Questions will be received and answered in accordance with Section 1-02.4(1) of the Special Provisions.

The City of Lynden reserves the right to accept a proposal of the bidder submitting the lowest responsible bid, to reject any or all bids, republish the call for bids, revise or cancel the work to be performed, or do the work otherwise, if the best interest of the City is served thereby. The City of Lynden also reserves the right to postpone the bid award for a period of thirty (30) calendar days after bid opening. 

The City of Lynden, 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 insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49CFR 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.

Bidders, prior to submittal of a bid, may attend a pre-bid conference with the Project Engineer. The meeting will start at 1:00 p.m., Thursday, May 23, 2019, in the 2nd floor conference room at Lynden City Hall, 300 4th Street, Lynden, Washington 98264. A jobsite visit may follow upon request.

CITY OF LYNDEN

Steve Banham, P.E.

Public Works Director

 

Published May 8 & 15, 2019

PROBATE NOTICE TO CREDITORS

LEGAL

PROBATE NOTICE TO CREDITORS

 

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHATCOM

In Re the Estate of JAMES W. JORDAN, deceased

Case No. 19-4-00179-37 

NOTICE TO CREDITORS

RCW 11.40.030

Judge Raquel Montoya-Lewis

 

The personal representatives named below have been appointed as personal representatives 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 representatives 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 representatives 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.

Personal Representative: Jamie M. Rosenburg and Roxie Jordan 

Date of Filing copy of Notice to Creditors: April 23, 2019

Date of First Publication: May 1, 2019

Address for Mailing or Service:Starkenburg-Kroontje, P.S. 

Attorney at Law

P.O. Box 231

313 4th Street

Lynden, WA 98264

 

Published May 1, 8 & 15, 2019

LEGAL

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHATCOM

 

In Re the Estate of

ED LAVERNE HANKS,

Deceased.

NO. 19-4-00194-37

PROBATE NOTICE TO CREDITORS

RCW 11.40.030

Judge Deborra E. Garrett 

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. 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 the 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 non-probate assets.

Date of First Publication: May 8, 2019

Personal Representative: Edward Hanks

c/o Nicole L. Terpstra, Attorney

709 Grover Street

Lynden, WA 98264

Attorney for the Personal Representative and Address for Mailing or Service:

Nicole L. Terpstra, WSBA #32974

Nicole L. Terpstra, Attorney at Law, PLLC

709 Grover Street

Lynden, WA 98264

 

Published May 8, 15 & 22, 2019

SERVICE BY PUBLICATION

LEGAL

SERVICE BY PUBLICATION

 

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHATCOM

COURT CAUSE NO. 16-2-00296-6

ORDER OF SALE ON REAL PROPERTY

BANK OF AMERICA, N.A.,

Plaintiff(s),

vs.

EDWARD E. LYKINS JR.; UNKNOWN HEIRS, SPOUSE, LEGATEES AND DEVISEES OF EDWARD E. LYKINS SR., deceased; FLORA S. STUMPH; CAROLINE KIM LYKINS; KATHRYN K. BENSON; PEACEFUL VALLEY HOMEOWNERS ASSOCIATION; OCCUPANTS OF THE SUBJECT REAL PROPERTY; ALL OTHER UNKNOWN PERSONS OR PARTIES CLAIMING ANY RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE REAL ESTATE DESCRIBED IN THE COMPLAINT HEREIN, 

Defendant(s).

TO: EDWARD E. LYKINS JR.; UNKNOWN HEIRS, SPOUSE, LEGATEES AND DEVISEES OF EDWARD E. LYKINS SR., deceased; FLORA S. STUMPH; CAROLINE KIM LYKINS; KATHRYN K. BENSON; PEACEFUL VALLEY HOMEOWNERS ASSOCIATION; OCCUPANTS OF THE SUBJECT REAL PROPERTY; ALL OTHER UNKNOWN PERSONS OR PARTIES CLAIMING ANY RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE REAL ESTATE DESCRIBED IN THE COMPLAINT HEREIN, Judgment Debtor(s),

TO WHATCOM COUNTY SHERIFF’S DEPARTMENT:

On January 15, 2019 BANK OF AMERICA, N.A., obtained an Amended Judgment and Decree of Foreclosure in the Superior Court of Washington, County of Whatcom, against defendants Edward E. Lykins, Jr.; Unknown Heirs, Spouse, Legatees and Devisees of Edward E. Lykins, Sr.; Flora S. Stumph; and Peaceful Valley Homeowners Association, In rem.

It is ordered, adjudged and decreed that the land and premises located at 971 Deep Valley Drive, Sumas, WA 98295 and legally described as follows:

LOT 97, “PEACEFUL VALLEY, DIVISION NO. 1”, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGES 77, 78, 79, 80 AND 81, INCLUSIVE, RECORDS OF WHATCOM COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF WHATCOM, STATE OF WASHINGTON.

Assessor’s Parcel Number: 400522 350242 0000

Commonly referred to as: 971 Deep Valley Drive, Sumas, WA 98295 referred to in the Judgment, be sold at public auction, as particularly set out in said Judgment.

The total amount due and owing on the Judgment through March 26, 2019 is $85,711.62 consisting of the following: the judgment amount of $54,686.31 principal and interest; $24,383.14 awarded for fees; $3,061.50 awarded for attorneys’ fees and costs; plus additional prejudgment interest accruing from January 29, 2018 through the date of entry of the Amended Judgment on January 15, 2019 of $2,986.72 ($8.485 per diem x 352 days); plus post-judgment interest accruing after January 15, 2019 of $593.95 (48.485 per diem x 70 days); pursuance to the Judgment, post-judgment amounts advanced for attorneys’ fees and costs for publication and Sheriff’s fees of an unknown amount.

It is ordered, adjudged and decreed that the Sheriff is hereby authorized to make the return within 60 days after issuance by the court. For purposes of the sale, the Order may be automatically extended for 30 days, pursuant to RCW 6.21.050.

In the name of the State of Washington, you are hereby commenced and required to proceed to notice for sale and to sell the Subject Property, which is more particularly described in the Notice of Sale, and apply the proceeds of said sale as in said Judgment and Decree directed, and to make and file your report of such sale with the Clerk of this Court, and do all things according to the terms and requirements of said Judgment and the provisions of Washington Law.

Plaintiff agrees that no deficiency judgment shall be entered against Borrowers and that the court will establish an eight month redemption period from the date of the Sheriff’s foreclosure sale, and the Sheriff should be ordered to issue a Sheriff’s Deed to the successful bidder at the termination of the redemption period pursuant to RCW 6.23.020.

WITNESS, the Honorable Leon F. Henley JR, Commissioner of the Whatcom County Superior Court and the seal of said Court, affixed thereof this 2nd day of April, 2019.

THE SALE DATE has been set for Friday, June 7, 2019, 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 April 24 and May 1, 8, 15, 22 & 29, 2019

NOTICE TO CREDITORS

LEGAL

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

FOR KING COUNTY

In the matter of the Estate of

ELAINE ISABELL JENSEN,

Deceased.

NOTICE TO CREDITORS

RCW 11.40.030

No. 19-4-07434-2 SEA 

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 FILING NOTICE TO CREDITORS with Clerk of Court: April 10, 2019

DATE OF FIRST PUBLICATION: April 24, 2019

Personal Representative: Mary L. Langer, Personal Representative

Address: c/o Law Offices of Peter F. Cowles, P.S.

1734 NW Market Street

Seattle, WA 98107

Attorney for Estate: Peter Cowles

Address: Law Offices of Peter F. Cowles, P.S.

1734 NW Market Street

Seattle, WA 98107

Telephone: 206-789-6655

Court of probate proceedings and cause number: King County Superior Court# 19-4-07434-2 SEA 

 

Published April 24 and May 1 & 8, 2019

SHERIFF’S PUBLIC NOTICE OF SALE

LEGAL

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.16-2-00296-6

BANK OF AMERICA, N.A.,

Plaintiff(s),

vs

EDWARD E. LYKINS JR.; UNKNOWN HEIRS, SPOUSE, LEGATEES AND DEVISEES OF EDWARD E. LYKINS SR., deceased; FLORA S. STUMPH; CAROLINE KIM LYKINS; KATHRYN K. BENSON; PEACEFUL VALLEY HOMEOWNERS ASSOCIATION; OCCUPANTS OF THE SUBJECT REAL PROPERTY; ALL OTHER UNKNOWN PERSONS OR PARTIES CLAIMING ANY RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE REAL ESTATE DESCRIBED IN THE COMPLAINT HEREIN, 

Defendant(s).

TO:EDWARD E. LYKINS JR.; UNKNOWN HEIRS, SPOUSE, LEGATEES AND DEVISEES OF EDWARD E. LYKINS SR., deceased; FLORA S. STUMPH; CAROLINE KIM LYKINS; KATHRYN K. BENSON; PEACEFUL VALLEY HOMEOWNERS ASSOCIATION; OCCUPANTS OF THE SUBJECT REAL PROPERTY; ALL OTHER UNKNOWN PERSONS OR PARTIES CLAIMING ANY RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE REAL ESTATE DESCRIBED IN THE COMPLAINT HEREIN,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:971 DEEP VALLEY DRIVE, SUMAS, WA 98295

FULL LEGAL DESCRIPTION:

LOT 97, “PEACEFUL VALLEY, DIVISION NO. 1,” ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 13 OF PLATS, PAGES 77, 78, 79, 80 AND 81, INCLUSIVE, RECORDS OF WHATCOM COUNTY, WASHINGTON.SITUATE IN THE COUNTY OF WHATCOM, STATE OF WASHINGTON

TAX PARCEL NO. 400522 350242 0000

The sale of the above-described property is to take place:

DATE: Friday, JUNE 7, 2019

TIME: 9:30 A.M.

PLACE: WHATCOM COUNTY COURTHOUSE, BELLINGHAM, WA

The judgment debtor can avoid the sale by paying the judgment amount of $85,711.62 together with interest, costs and fees before the sale date.For the exact amount, contact the Sheriff at the address stated below.

ATTORNEY: 

ZIEVE, BRODNAX & STEELE, LLP

Kingston Bowen

11335 NE 122nd, Suite 105

Kirkland, WA 98034

206.209.0375

BILL J. ELFO, Sheriff

Whatcom County

By:SHAUNA BALDETTA, Civil Assistant

311 Grand Avenue

Bellingham, WA

(360) 778-6614

 

Published May 8, 15 22 & 29, 2019

NOTICE OF TRUSTEE’S SALE

LEGAL

Reference: Hugh A. Maconaghie and Lynda D. Maconaghie, 47695288

Reference No(s) of Documents / Deed of Trust Assigned or Released: 2080101532

Document Title: NOTICE OF TRUSTEE’S SALE

Grantor: Hugh Alexander Maconaghie and Lynda D. Maconaghie, husband and wife

Current Beneficiary of the Deed of Trust: Washington Federal NA fka Washington Federal S&L, Attorney in Fact for FDIC as receiver of Horizon Bank, Bellingham, Washington

Current Trustee of the Deed of Trust: Weinstein & Riley, P. S.

Current Loan Mortgage Servicer of the Deed of Trust: Washington Federal

Grantee: Hugh Alexander Maconaghie and Lynda D. Maconaghie, husband and wife

Abbreviated Legal Description as Follows: LOT 13 & 14, BLK 310, PLAT OF NEW WHATCOM 1ST ADDN

Assessor’s Property Tax Parcel/Account No(s): 380320 112056 0000

NOTICE: AS THE RESULT OF AN ORDER ENTERED IN A BANKRUPTCY PROCEEDING, HUGH ALEXANDER MACONAGHIE AND LYNDA DIANE MACONAGHIE MAY NOT BE PERSONALLY LIABLE FOR THE UNPAID BALANCE OF THE BELOW REFERENCED LOAN. HOWEVER, THE BENEFICIARY RETAINS A DEED OF TRUST DESCRIBED BELOW, WHICH IS SUBJECT TO FORECLOSURE IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON.

NOTICE: IF YOU ARE NOT PERSONALLY LIABLE TO PAY THIS OBLIGATION BY REASON OF A BANKRUPTCY PROCEEDING, THEN THIS NOTICE IS NOT AN ATTEMPT TO COLLECT A DEBT BUT IS INTENDED ONLY TO RELAY INFORMATION REGARDING YOUR DEED OF TRUST.

NOTICE: IF YOU ARE PERSONALLY LIABLE TO PAY THIS OBLIGATION, WE WISH TO INFORM YOU THAT WE ARE A DEBT COLLECTOR. ANY INFORMATION YOU PROVIDE TO US WILL BE USED FOR THE PURPOSES OF FORECLOSING THE DEED OF TRUST MENTIONED BELOW.

NOTICE OF TRUSTEE’S SALE

I

NOTICE IS HEREBY GIVEN that the undersigned Weinstein & Riley, P. S. will on June 7, 2019 at 10:00 AM at the Main Entrance of the Whatcom County Courthouse, 311 Grand Avenue, Bellingham, WA 98225 located at Whatcom County, State of Washington, sell at public auction to the highest bidder, payable at the time of sale, the following described real property, situated in Whatcom County, State of Washington, to-wit;

 

LOTS 13 AND 14, BLOCK 310, MAP OF THE FIRST ADDITION TO THE TOWN OF NEW WHATCOM, WHATCOM COUNTY, WASHINGTON, NOW A PART OF THE CONSOLIDATED CITY OF BELLINGHAM, WHATCOM COUNTY, WASHINGTON, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 2 OF PLATS, PAGE 36, RECORDS OF WHATCOM COUNTY, WASHINGTON.

SITUATE IN WHATCOM COUNTY, WASHINGTON.

which is subject to that certain Deed of Trust dated January 8, 2008, recorded January 15, 2008, under Recorder’s/Auditor’s File Number 2080101532 records of Whatcom County, Washington, from Hugh Alexander Maconaghie and Lynda D. Maconaghie, husband and wife, as Grantor, to Westward Financail Services Corporation, as Trustee, to secure an obligation in favor of Horizon Bank as Beneficiary. Said Deed of Trust was assigned to Washington Federal N. A. on Octover 30, 2018 under Recorder’s/Auditor’s File No. 2018-1003066. Washington Federal N. A. is the current beneficaury of the Deed of Trust. The sale will be made without any warranty concerning the title to, or the condition of the property.

Said Deed of Trust was most recently modified on February 16, 2018 by an instrument recorded under Auditor’s File No. 2018-0202414. 

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 default on the obligation secured by the Deed of Trust.

III

The default(s) for which this foreclosure is made is/are as follows:

i) Failure to pay the following amounts, now in arrears:

Amount due to payoff by January 23, 2019

Unpaid Principal Balance Payable in Full: $30,000.00

Estimated accrued and unpaid interest from 03/08/2018 to 01/23/2019 at 5.75%. Interest continues to accrue after said date. $1,553.87

Property Inspection: $25.00

Recoverable Balance: $1,790.45

TOTAL DEFAULT: $33,369.32

IV

The sum owing on the obligation secured by the Deed of Trust is $30,000.00, together with interest from March 8, 2018 as provided in the note or other instrument, 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 June 7, 2019. The promissory note which is the basis of this foreclosure, became due and payable on April 8, 2018. The sale will be discontinued and terminated if at any time on or before the sale date by the Grantor or the Grantor’s successor in interest of 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. Payment must be in cash or with cashier’s or certified checks from a State or federally chartered bank.

VI

A written notice of default was transmitted by the beneficiary or Trustee to the Borrower and Grantor at the following address(es):

 

‘Mailing List’

Hugh A. Maconaghie

2415 Nevada St 

Bellingham, WA 98229

 

Hugh A. Maconaghie

2488 McKenzie Ave. 

Bellingham, WA 98225

 

Hugh A. Maconaghie

600 S State St. Apt. 111 

Bellingham, WA 98225

 

Linda Diane Maconaghie

2415 Nevada St 

Bellingham, WA 98229

 

Linda Diane Maconaghie

2488 McKenzie Ave. 

Bellingham, WA 98225

 

Linda Diane Maconaghie

600 S State St. Apt. 111 

Bellingham, WA 98225

 

by both first-class and certified mail on December 7, 2018, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on December 7, 2018, 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 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 objections to this sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objection 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.

If the Trustee’s Sale is set aside for any reason, the submitted bid will be forthwith returned without interest and the bidder will have no right to purchase the property. Recovery of the bid amount without interest constitutes the limit of the bidder’s recourse against the Trustee and/or the Beneficiary.

XI

NOTICE TO ALL PERSONS AND PARTIES WHO ARE GUARANTORS OF THE OBLIGATIONS SECURED BY THIS DEED OF TRUST: (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

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:

Telephone: (1-877-894-4663)

Website: http://www.wshfc.org/buyers/counseling.htm

The United States Department of Housing and Urban Development:

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:

Telephone: (1-800-606-4819)

Website: http://nwjustice.org/what-clear

For Sales questions and concerns:

Email Address: FCLsalesNW@w-legal.com

DATED: January 23, 2019

WEINSTEIN & RILEY, P.S.

Successor Trustee

By: Daniel Ross, Director

2001 Western Avenue Suite 400

Seattle, WA 98121

206-269-3490

FCLsalesNW@w-legal.com

 

Published May 8 & 29, 2019