LYNDEN

LEGAL

CITY OF LYNDEN

LEGAL NOTICE OF APPLICATION FOR A SHORT PLAT 

 

NOTICE IS HEREBY GIVEN that on May 7, 2019, the City of Lynden received an application from David and Amy Jo Ohligschlager, regarding the property described below:

LOT B, AS DELINEATED ON THE TRIPLE D SHORT PLAT, AS PER THE MAP THEREOF RECORDED ON AUGUST 10, 2005, UNDER AUDITOR’S FILE NO. 2050802124, RECORDS OF WHATCOM COUNTY, WASHINGTON. 

COMMONLY DESCRIBED AS: 1825 N. Bridgeview Drive, Lynden

requesting the approval to subdivide approximately 3.28 acres into 3 parcels within the RS-100 (Residential Single Family) zone at the above noted location. The application was determined to be complete on May 15, 2019, and the notice of completeness was postmarked on that date.

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 June 12, 2019. Persons with questions regarding the project may contact Heidi Gudde at 354-5532.

 

Published May 29, 2019

LEGAL

CITY OF LYNDEN

LEGAL NOTICE OF APPLICATION FOR A REZONE AND PUBLIC HEARING

 

NOTICE IS HEREBY GIVEN that on April 19, 2019, the City of Lynden received an application from Gene Bouma, property owner, regarding the property described below:

LOT B, AS DELINEATED ON CITY BIBLE CHURCH LOT LINE ADJUSTMENT, ACCORDING TO THE PLAT THEREOF, RECORDED FEBRUARY 8, 2016 UNDER AUDITOR’S FILE NUMBER 2016-0200775, RECORDS OF WHATCOM COUNTY, WASHINGTON.

COMMONLY DESCRIBED AS: The northwest corner of 19th Street and Main Street, Lynden.

requesting to rezone approximately 0.69 acres from Single Family Residential (RS-100) to Residential Multi-Family (RM-2) at the above noted property. The application was determined to be complete on May 16, 2019, and the notice of completeness was postmarked on that date.

A public hearing with the Lynden Planning Commission has been scheduled for July 11, 2019. 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 June 12, 2019, or by attending the public hearing to be held at 7:30 P.M., July 11, 2019, at the City of Lynden City Hall Annex, 205 4th Street. Persons with questions regarding the project may contact Heidi Gudde at 354-5532.

 

Published May 29, 2019

PUBLIC NOTICE

LEGAL

STATE OF WASHINGTON 

DEPARTMENT OF ECOLOGY 

NOTICE OF APPLICATION TO CHANGE AN EXISTING WATER RIGHT ON A SEASONAL BASIS (2019)

TAKE NOTICE: 

That Ebe Farms, LLC of Custer, Washington, on May 13, 2019, filed a seasonal application of change to Ground Water Certificate 4084-A (aka G1-*05677CWRIS).

Certificated use under Ground Water Certificate 4084-A is for 270 gallons per minute, 58 acre-feet per year, for the irrigation of 29 acres during the irrigation season, with a priority date of July 22, 1960. The original point of withdrawal and place of use are located in the E½SW¼ of Section 19, T. 40 N., R. 2 E.W.M., in Whatcom County.

The request is to transfer the original point of withdrawal and place of use only. The new well and place of use location would be within the SW¼NW¼ of Section 10, T. 40 N., R. 1 E.W.M.

Protests or objections to approval of this application must include a detailed statement of the basis for objections. Protests must be accompanied by a fifty-dollar ($50.00) NONREFUNDABLE 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 29, 2019.

DEPARTMENT OF ECOLOGY

CASHIERING OFFICE - NWRO-WR

PO BOX 47611

OLYMPIA, WA 98504-7611

 

Published May 22 & 29, 2019

LEGAL

STATE OF WASHINGTON 

DEPARTMENT OF ECOLOGY 

NOTICE OF APPLICATION TO CHANGE AN EXISTING WATER RIGHT ON A SEASONAL BASIS (2019)

TAKE NOTICE: 

That Ebe Farms, LLC of Custer, Washington, on May 13, 2019, filed a seasonal application of change to Ground Water Certificate 4351-A (aka G1-*05692CWRIS).

Certificated use under Ground Water Certificate 4341-A is for 275 gallons per minute, 88 acre-feet per year, for the irrigation of 44 acres during the irrigation season, with a priority date of August 4, 1960. The original point of withdrawal is located in the E½NE¼ of Section 17, T. 40 N., R. 2 E.W.M., in Whatcom County. The original place of use is located in the E½NE¼ and NE¼SE¼ of Section 17, T. 40 N., R. 2 E.W.M.

The request is to change the place of use only. The new place of use would be located within the SE¼SW¼ of Section 18 and NE¼NW¼ of Section 19, T. 40 N., R. 2 E.W.M.

Protests or objections to approval of this application must include a detailed statement of the basis for objections. Protests must be accompanied by a fifty-dollar ($50.00) NONREFUNDABLE 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 29, 2019.

DEPARTMENT OF ECOLOGY

CASHIERING OFFICE - NWRO-WR

PO BOX 47611

OLYMPIA, WA 98504-7611

 

Published May 22 & 29, 2019

LEGAL

STATE OF WASHINGTON 

DEPARTMENT OF ECOLOGY 

NOTICE OF APPLICATION TO CHANGE AN EXISTING WATER RIGHT ON A SEASONAL BASIS (2019)

TAKE NOTICE: 

That Ebe Farms, LLC of Custer, Washington, on May 13, 2019, filed a seasonal application of change to Surface Water Certificate 6343 (aka S1-*13039CWRIS).

Certificated use under Surface Water Certificate 6343 is for 0.50 cubic feet per second for the irrigation of 50 acres during the irrigation season, with a priority date of July 23, 1954. The original point of diversion is located on the Nooksack River within Government Lots 8, 10, and 11 of Section 30, T. 40 N., R. 3 E.W.M., in Whatcom County. The original place of use is within Government Lots 8, 10, and 11 of Section 30, T. 40N., R. 3 E.W.M.

The request is to transfer the place of use only. The new place of use would be within Government Lots 8 and 9 of Section 30, T. 40 N., R. 3 E.W.M.

Protests or objections to approval of this application must include a detailed statement of the basis for objections. Protests must be accompanied by a fifty-dollar ($50.00) NONREFUNDABLE 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 29, 2019.

DEPARTMENT OF ECOLOGY

CASHIERING OFFICE - NWRO-WR

PO BOX 47611

OLYMPIA, WA 98504-7611

 

Published May 22 & 29, 2019

LEGAL

STATE OF WASHINGTON 

DEPARTMENT OF ECOLOGY 

NOTICE OF APPLICATION TO CHANGE AN EXISTING WATER RIGHT 

TAKE NOTICE: 

That Kalsbeek Farms, LLC and South Fork Properties, LLC of Whatcom County, Washington on May 1, 2019, has filed an application of seasonal change to Groundwater Certificate G1-*09323C with a priority date of March 21, 1968. Certificated use is for 320 gallons per minute and 90 acre-feet per year for irrigation of 45 acres from May 1 to September 1. The source is located within SW¼ NW¼ of Section 32, T. 38 N., R. 5 E.W.M. in Whatcom County. The place of use is located within S½ NW¼ of Section 32, T. 38 N., R. 5 E.W.M. 

The request here is to change the Point of Withdrawal and the Place of Use only. The proposed 

Point of Withdrawal is located within NE¼ SE¼ of Section 31, T. 38 N., R. 5 E.W.M. The proposed Place of Use is located within Section 31, and SW¼ of Section 32, T. 38 N., R. 5 E.W.M., and NE¼ NE¼ of Section 6, T. 37 N., R. 5 E.W.M. 

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) NONREFUNDABLE 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 29, 2019.

DEPARTMENT OF ECOLOGY

CASHIERING OFFICE - NWRO-WR

PO BOX 47611

OLYMPIA, WA 98504-7611

 

Published May 22 & 29, 2019

NOTICE TO CREDITORS

LEGAL

NOTICE TO CREDITORS

Estate of Richard John Zegers

IN THE SUPERIOR COURT of the State of Washington in and for the County of Whatcom

In the Matter of the Estate of Richard John Zegers, Deceased. No. 19-4-00278-37. 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: May 29, 2019

Personal Representative: RONALD E. ZEGERS

Attorney for the Personal Representative: LEON C. MCCARREY WSBA #43436

Address for Mailing or Service: The McCarrey Law Group, P.O. Box 183, Lynden, WA 98264

 

Published May 29 and June 5 & 12, 2019

PROBATE NOTICE TO CREDITORS

LEGAL

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHATCOM

 

In Re the Estate of

SIDNEY BARON,

Deceased.

NO. 19-4-00221-37

PROBATE NOTICE TO CREDITORS

RCW 11.40.030

Judge Lee P. Grochmal

The co-Personal Representatives named below has been appointed as co-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 co-Personal Representatives or the co-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 co-Personal Representatives 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 15, 2019

Co-Personal Representatives:

Marvin Tjoelker

M. James Baron

c/o Nicole L. Terpstra

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 15, 22 & 29, 2019

LEGAL

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHATCOM

 

In Re the Estate of

GERRIT POLINDER,

Deceased.

NO. 19-4-00216-37

PROBATE NOTICE TO CREDITORS

RCW 11.40.030

Judge Robert E. Olson 

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 15, 2019

Personal Representative: JoAnn Roorda

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 15, 22 & 29, 2019

LEGAL

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHATCOM

 

In Re the Estate of

HENRIETTA G. NOTEBOOM,

Deceased.

NO. 19-4-00261-37

PROBATE NOTICE TO CREDITORS

RCW 11.40.030

Judge Robert E. Olson 

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 22, 2019

Personal Representative:

JoAnn M. Roorda

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 22 & 29 and June 5, 2019

LEGAL

IN THE SUPERIOR COURT OF WASHINGTON FOR WHATCOM COUNTY

In Re the Estate of:

ROBERT A. MITCHELL,

Deceased.

CASE NO.: 19-4-00280-37

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: May 29, 2019

Personal Representative:

Scott A. Mitchell

Attorney for Administrator:

Heather C. Shepherd

Address for Mailing or Service:

Shepherd and Allen

2011 Young Street, Suite 202

Bellingham, WA 98225

(360) 733-3773

Court of probate proceedings and cause number: 

Whatcom County Superior Court

Cause No. 19-4-00280-37

DATED this 23rd day of May 2019.

SHEPHERD AND ALLEN

Douglas R. Shepherd, WSBA #9514

Heather C. Shepherd, WSBA #51127

Of Attorneys for Personal Representative

 

Published May 29 and June 5 & 12, 2019

SUMMONS BY PUBLICATION

LEGAL

SUMMONS AND NOTICE OF PETITION/HEARING RE RELINQUISHMENT OF CHILD AND TERMINATION OF PARENT/CHILD RELATIONSHIP

TO: JOHN DOE (unknown)

A Petition for Termination of Parent-Child Relationship asks that the parent-child relationship between the above-named parent and child be terminated.

You may respond to the Summons and Petition by filing a written response with the Clerk of the Court and serving a copy on Christina E. King, 215 W. Holly St. G-3. If you do not serve your written response within thirty days after the date this Summons was served on you, the court may, without further notice, enter an Order of Default against you, enter an order relinquishing the child to the Petitioner, permanently terminating your parent-child relationship and approving the adoption of the above-named child. The child was born on May 4, 2014, in Bellingham, WA; The natural mother is McKenzie West Myers. The court hearing on this matter shall be on June 19, 2019, at 9:00 a.m., in the Whatcom County Superior Court, Second Floor Dept 4, 311 Grant Ave. Bellingham, WA 98225 

Any indigent, non-consenting parent or alleged father has the right to be represented by an attorney if so requested; and, upon such request one will be appointed.

Your failure to file a claim of paternity under chapter 26.26 RCW or your failure to respond to the Petition within thirty days of the date of service of Summons and Notice upon you, is grounds to terminate your parent-child relationship with respect to the child.

FILE RESPONSE WITH:

Superior Court Clerk 

Whatcom County Court House

311 Grant Ave. #301

Bellingham, WA 98225

SERVE COPY OF RESPONSE ON:

Christina King

215 W. Holly St. .#G3

Bellingham, WA 98225

360-220-9635

 

Published May 15, 22 & 29, 2019

LEGAL

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR WHATCOM COUNTY

NATIONSTAR MORTGAGE, LLC,

Plaintiff,

vs.

THE ESTATE OF EDWIN M. BENDIXEN, DECEASED; THE UNKNOWN HEIRS AND DEVISEES OF EDWIN M. BENDIXEN, DECEASED; THE ESTATE OF TATIANA BENDIXEN, DECEASED, WIFE OF EDWIN M. BENDIXEN, DECEASED; THE UNKNOWN HEIRS AND DEVISEES OF TATIANA BENDIXEN, DECEASED, WIFE OF EDWIN M. BENDIXEN, DECEASED; SANDRA ANN AUS, PERSONAL REPRESENTATIVE FOR THE ESTATE OF EDWIN M. BENDIXEN, DECEASED; REBECCA E. BENDIXEN AND JOHN DOE, HUSBAND AND WIFE; SANDRA ANN AUS AND JOHN DOE AUS, HUSBAND AND WIFE; THE ESTATE OF MICHAEL E. BENDIXEN, DECEASED; THE UNKNOWN HEIRS AND DEVISEES OF MICHAEL E. BENDIXEN, DECEASED; JANE DOE BENDIXEN, WIFE OF MICHAEL E. BENDIXEN, DECEASED; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., (“MERS”), AS A NOMINEE FOR GREENPOINT MORTGAGE FUNDING, INC. AND ITS SUCCESSORS AND ASSIGNS; GREENPOINT MORTGAGE FUNDING, INC.; JOHN AND JANE DOES, I THROUGH V, OCCUPANTS OF THE SUBJECT REAL PROPERTY, AND ALL OTHER PERSONS OR PARTIES UNKNOWN, CLAIMING ANY RIGHT, TITLE, INTEREST, LIEN OR ESTATE IN THE PROPERTY HEREIN DESCRIBED,

Defendants

Case No. 14-2-00815-1

SUMMONS BY PUBLICATION

TO: UNKNOWN HEIRS AND DEVISEES OF EDWIN M. BENDIXEN; ESTATE OF TATIANA BENDIXEN; UNKNOWN HEIRS AND DEVISEES OF TATIANA BENDIXEN; UNKNOWN HEIRS AND DEVISEES OF MICHAEL E. BENDIXEN; jANE DOE BENDIXEN, WIFE OF MICHAEL BENDIXEN.

You are hereby summoned to appear within sixty days after the date of the first publication of this Summons, to wit, within sixty days after the 29th day of May, 2019, and defend the above entitled action in the above entitled court, and answer the complaint of the Plaintiff, Nationstar Mortgage, LLC, and serve a copy of your answer upon the under-signed attorneys for Plaintiff, Synova M. L. Edwards of Weinstein & Riley, P.S. at their offices below stated; and in case of your failure so to do, judgment will be rendered against you according to the demand of the complaint, which has been filed with the clerk of said court.

The object of said action is to judicially foreclose on the following described real property: 

LOT 1, AS DELINEATED ON RIDPATH SHORT PLAT, ACCORDING TO THE PLAT THEREOF, RECORDED JANUARY 18, 1982, IN VOLUME 7 OF SHORT PLATS, PAGE 90, UNDER AUDITOR’S FILE NO. 1409865, RECORDS OF WHATCOM COUNTY, WASHINGTON.

SITUATE IN WHATCOM COUNTY, WASHINGTON.

////Commonly known as: 3440 Emma Rd, Bellingham, WA 98226.

DATED this 23rd day of May, 2019

WEINSTEIN & RILEY, P.S.

2001 Western Avenue, Suite 400

Seattle, Washington 98121

Telephone: (206) 269-3490

By: Synova M.L. Edwards, WSBA #43063

Attorney for Plaintiff

 

Published May 29 and June 5, 12, 19, 26 and July 3, 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

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