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Shelton Mason County Journal
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June 5, 2014     Shelton Mason County Journal
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Page B-IO - Mason County Journal - Thursday, June 5, 2014 PUBLIC NOTICES PUBLIC NOTICES PUBLIC NOTICE TS No WA05000069-13-1 APN 22129-34- 90151 TO No 8389922 NOTICE OF TRUSTEE'S SALE PURSUANTTOTHE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ. I. NOTICE IS HEREBY GIVEN on 7/7/2014, 10:00 AM, At the main entrance to the Superior Court- house, 419 N. 4th, Shelton, WA 98584, MTC FI- NANCIAL INC. dba TRUSTEE CORPS, the un- dersigned Trustee will sell at public auction to the highest and best bidder, payable, in the form of cash, or cashiers' check or certified checks from federally or State chartered banks, at the time of sale the following described real property, situat- ed in the County of Mason, State of Washington, to-wit: ALL THAT PORTION OF GOVERNMENT LOT ONE (1), SECTION TWENTYNINE (29). TOWNSHIP TWENTYONE (21) NORTH, RANGE TWO (2) WEST, W.M., PARTICULARLY. DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SEC- TION TWENTYNINE (29): THENCE NORTH 8914'35" EAST, 2,092.19 FEET; THENCE NORTH 0130'48" WEST, 187.51 FEET; THENCE NORTH 34o12'45" WEST 167.46 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREBY DESCRIBED; THENCE NORTH 3412'45 " WEST, 323.08 FEET THENCE NORTH 39023'22" EAST, 167.30 FEET; THENCE SOUTH 5036'38 " EAST, 239.37 FEET TO THE SHORELINE OF SPEN- CER LAKE; THENCE ALONG SAID SHORE- LINE SOUTHERLY AND EASTERLY 106 FEET, MORE OR LESS, TO A POINT THAT IS NORTH 7649'58" EAST, 159.72 FEET, AND NORTH 144.55 FEET FROM THE POINT OF BEGIN- NING; THENCE SOUTH 144.55 FEET THENCE SOUTH 7649'58 " WEST, 159.72 FEET TO THE POINT OF BEGINNING. SAID LAND BEING ALSO KNOWN AND DESCRIBED AS THE RE- SULTING PARCEL 2 OF BOUNDARY LINE AD- JUSTMENT NO. 95-46, RECORDED JUNE 5, 1995, AUDITOR'S FILE NO. 608648. TOGETH- ER WITH AND SUBJECT TO AN EASEMENT FOR ROAD AND UTILITY PURPOSES, 40 FEET IN WIDTH, AS DESCRIBED IN SHORT SUBDIVISION NO. 1741, RECORDED NOVEM- BER 23, 1987, AUDITORS FILE NO, 474673. TOGETHER WITH AN EASEMENT FOR ROAD, UTILITIES AND BEACH ACCESS, 40 FEET IN WIDTH, AS DESCRIBED IN SHORT SUBDIVI- SION NO. 1741, RECORDED NOVEMBER 23, 1987, AUDITOR'S FILE NO. 474673. TOGETH- ER WITH A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS THAT PORTION OF A STRIP OF LAND, 40 FEET IN WIDTH, LY- ING WITHIN THE RESULTING PARCEL 1 OF BLA NO, 93-87 RECORDED NOVEMBER 16, 1993, AUDITOR'S FILE NO. 576500, AS DE- SCRIBED IN INSTRUMENT IN INSTRUMENT RECORDED OCTOBER 20, 1994, AUDITOR'S FILE NO. 597283, RERECORDED OCTOBER 21, 1994, AUDITOR'S FILE NO. 597340. TO- GETHER WITH A PERPETUAL, NONEXCLU- SIVE EASEMENT FOR ROAD AND UTILITY PURPOSES, 15 FEET IN WIDTH, AS DE- SCRIBED IN INSTRUMENT RECORDED OC- TOBER 25, 1994, AUDITOR'S FILE NO. 597577. APN: 22129-34-90151 More common- ly known as 2746 EAST SPENCER LAKE ROAD, SHELTON, WA 98584 which is subject to that certain Deed of Trust dated as of March 2, 2005, recorded on March 10, 2005 as Instru- ment No. 1832391 of official records in the Of- fice of the Recorder of Mason County, Washing- ton from David J. Mortensen and Kathryn De- nise Mortensen, husband and wife, as Trustor(s), to Mason County Title, as Trustee, to secure an obligation in favor of Mortgage Elec- tronic Registration Systems, Inc., as nominee for America's Wholesale Lender, as original Beneficiary. The beneficial interest was as- signed to BANK OF AMERICA, NA, SUCCES- SOR BY MERGER TO BAC HOME LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING, LP. and recorded as In- strument Number 1980868. I1. No action com- menced by BANK OF AMERICA, N.A., the cur- rent Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrowers' or Grant- or's default on the obligation secured by the Deed of Trust/Mortgage. Current Beneficiary: BANK OF AMERICA, N.A. Contact Phone No: 800-669-6650 Address: 400 National Way, CA6-919-01-09, Simi Valley, CA 93065 II1. 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 PAYMENT INFORMATION From April 1,2013 To February 24, 2014 Number of Payments 11 Monthly Pay- ment $1,177.65 Total $12,954.15 LATE CHARGE INFORMATION From April 1, 2013 To February 24, 2014 Number of Payments 11 Monthly Payment $58.88 Total $647.68 PROM- ISSORY NOTE INFORMATION Note Dated: March 2, 2005 Note Amount: $172,000.00 Inter- est Paid To: March 1,2013 Next Due Date: April 1, 2013 IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $149,073.92, together with interest as provided in the Note or other instrument se- cured, and such other costs and fees as are due under the Note or other instrument se- cured, 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. Said sale will be made without warranty, expressed or implied, regarding title, posses- sion or encumbrances on July 7, 2014. The de- faults referred to in Paragraph III must be cured by June 26, 2014, (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 June 26, 2014 (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 cashier's or certified checks from a State or federally chartered bank. The sale may be terminated any time after the June 26, 2014 (11 days be- fore the sale date) and before the sale, by the Borrower or Grantor or the holder of any record- ed junior lien or encumbrance by paying the principal and interest, plus costs, fees and ad- vances, if any, made pursuant to the terms of the obligation and/or Deed of Trust. VI. A writ- ten Notice of Default was transmitted by the cur- rent Beneficiary, BANK OF AMERICA, N.A. or Trustee to the Borrower and Grantor at the fol- lowing address(es): ADDRESS DAVID J MORTENSEN 2746 E SPENCER LAKE RD, SHELTON, WA 98584 DAVID J MORTENSEN 2746 E Spencer Lake Rd, Shelton, WA 98584- 9516 DAVID J MORTENSEN 2746 EAST SPENCER LAKE ROAD, SHELTON, WA 98584 DAVID J MORTENSEN 2746 EAST SPENCER LAKE ROAD, SHELTON, WA 98584-0000 DA- VID J MORTENSEN 8201 26TH AVE NW, GIG HARBOR, WA 98332 KATHRYN DENISE MORTENSEN 2746 EAST SPENCER LAKE ROAD, SHELTON, WA 98584 KATHRYN DE- NISE MORTENSEN 2746 E Spencer Lake Rd, Shelton, WA 98584-9516 KATHRYN DENISE MORTENSEN 2746 EAST SPENCER LAKE ROAD, SHELTON, WA 98584-0000 KATHRYN DENISE MORTENSEN 8201 26TH AVE NW, GIG HARBOR, WA 98332 by both first class and certified mail on January 21,2014, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, with said written Notice of Default or the written Notice of Default was posted in a conspicuous place on the real prop- erty 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 writ- ing 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 law- suit 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 in- validating the Trustee's Sale. X. If the Borrower received a letter under RCW 61.24.031: 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 DE- LAY. 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 coun- selors and legal assistance may be available at little or no cost to you. If you would like assis- tance in determining your rights and opportuni- ties 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 Com- mission Telephone: (877) 894-4663 or (800) 606-4819 Website: www.wshfc.org The United States Department of Housing and Urban De- velopment: Telephone: (800) 569-4287 Website: www.hud.gov The statewide civil legal aid hot- line for assistance and referrals to other hous- ing counselors and attorneys Telephone: (800) 606-4819 Website: www.homeownership.wa. gov 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 the Unlawful De- tainer Act, Chapter 59.12 RCW. For tenant-oc- cupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060; NOTICE TO GUARANTOR(S) PUBLIC NOTICES - RCW 61.24.042 - (1) The Guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the Trustees' 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 en- force a guaranty must be commenced within one year after the Trustees' 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 costs. The failure of the Beneficiary to provide any Guarantor the notice referred to in this sec- tion does not invalidate either the notices given to the Borrower or the Grantor, or the Trustee's Sale. DATED: February 24, 2014 MTC Financial Inc. dba Trustee Corps By: Joseph Barragan, Authorized Signatory MTC Financial Inc. dba Trustee Corps 1700 Seventh Avenue Suite 2100 Seattle WA 98101 MTC Financial Inc. dba Trustee Corps 17100 Gillette Ave Irvine, CA 92614 SALE INFORMATION CAN BE OB- TAINED ON LINE AT www.priorityposting.com FOR AUTOMATED SALES INFORMATION PLEASE CALL: Priority Posting and Publishing at 714-573-1965 P1084511 6/5, 06/26/2014 7128 June 5, 26 2t PUBLIC NOTICE SHERIFF'S NOTICE TO JUDGMENT DEBTOR OF SALE OF REAL PROPERTY IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THE COUNTY OF MA- SON. Onewest Bank, FSB, its successors in in- terest and/or assigns, Plaintiff,vs. The Unknown Heirs and Devisees of Josephine Edna Drinkall AKA Edna J. Drinkall; The Unknown Heirs and Devisees of Merlyn Drinkall; Jeannine Provost; United States of America; Shorebank Enter- prise Group, Pacific; State of Washington; Oc- cupants of the Premises; and any persons or parties claiming to have any right, title, estate, lien or interest in the real property described in the complaint, Defendant.SHERIFF'S NO- TICE TO JUDGMENT DEBTOR OF SALE OF REAL PROPERTY, Case No.: 12 2 905 1. TO: THE UNKNOWN HEIRS OF JOSEPHINE EDNA DRINKALL AKA EDNA J DRINKALL; THE UNKNOWN HEIRS AND DEVISEES OF MERLYN DRINKALL; SHOREBANK ENTER- PRISE GROUP, PACIFIC; STATE OF WASH- INGTON; OCCUPANTS OF THE PREMISES; AND ANY PERSONS OR PARTIES CLAIMING TO HAVE ANY RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN THE REAL PROPERTY DE- SCRIBED IN THE COMPLAINT JUDGMENT DEBTOR(S). A writ of execution has been is- sued in the above captioned case, directed to the Sheriff of Mason County, commanding the sheriff as follows: WHEREAS, on April 11, 2014, a Judgment and Decree of Foreclosure ("Judgment") was entered in favor of OneWest Bank, FSB("Plaintiff") against the defendants The Unknown Heirs of Josephine Edna Drinkall aka Edna J Drinkall; The Unknown Heirs and Devisees of Merlyn Drinkall; Shorebank Enter- prise Group, Pacific; State of Washington; Oc- cupants of the Premises; and any persons or parties caliming to have any right, title, estate, lien or interest in the real property described in the complaint ("Defendants"). The Judgment forecloses the interests of all the Defendants in and to the following described property ("Prop- erty") commonly known as 31 N Kokanee Park Ct, Hoodsport WA 98548 for the total sum of $221,718.46 with interest thereon at the rate of 12.00% per annum beginning on April 11, 2014, until satisfied. The Property situated in MASON County, State of Washington, is legally described as: LOT 34, PLAT OF LAKE CUSH- MAN NO. 17, AS RECORDED IN VOLUME 9 OF PLATS, PAGES 139-144 INCLUSIVE, RE- CORDS OF MASON COUNTY. THEREFORE, pursuant to RCW 61.12.060, and in the name of the State of Washington, you are hereby com- manded to sell the Property, or so much therof as may be necessary, in order to satisfy the Judgment, including post-judgment interest and costs. MAKE RETURN HEREOF within sixty days of the date indicated below, showing you have executed the same. Pursuant to RCW 6.21.050(2), the Sheriff may adjourn the fore- closure sale from time to time, not exceeding thirty days beyond the last date at which this Writ is made returnable, with the consent of the plaintiff endoresed upon this Writ or by a con- temporaneous writing.The sale of the above- described property is to take place: Time: 10:00 am. Date: Friday, July 18, 2014. Place: Main En- trance of Mason County Courthouse on Fourth PUBLIC NOTICES Street.YOU MAY HAVE A RIGHT TO EXEMPT PROPERTY from the sale under statues of this state, including sections 6.13.010, 6.13.030, 6.13.040, 6.15.010, and 6.15.060 of the Re- vised code of Washington, in the manner de- scribed in those statutes. Dated this 20th, day of May, 2014.SHERIFF CASEY SALISBURY MASON COUNTY, WASHINGTON. By: Angel Evans, Authorized Deputy, PO Box 1037, Shel- ton, WA 98584.(360) 427-9670. 7122 May29, June 5,12,19, 26, July3 6t PUBLIC NOTICE NOTICE: ANNOUNCEMENT OF AVAIL- ABILITY OF APPLICATION PERMIT NO.: WAG131062 APPLICANT: Pacific Aquaculture, Inc. 3378 Columbia River Road Nespalem, WA 99155 FACILITY: Pacific Aquaculture - Shelton Hatchery 2821 Sunnyside Road Shelton, WA 98584 Pacific Aquaculture has applied for a National Pollutant Discharge Elimination Sys- tem (NPDES) Upland Hatchery and Fish Farm general permit in accordance with the provi- sions of Chapter 90.48 Revised Code of Wash- ington (RCW), Chapter 173-220 Washington Administrative Code (WAC), and the Federal Clean Water Act. The proposed hatchery would discharge to the North Fork of the Skokomish River at Rivermile 7.9. The wastewater must meet the requirements of the Washington State Water Pollution Control Act and applicable reg- ulations for a permit to be issued. On the basis of preliminary staff review, the Department of Ecology (Ecology) proposes to issue a NPDES Upland Hatchery and Fish Farm general per- mit. A final determination will not be made until all comments received, pursuant to this notice, have been evaluated. PUBLIC COMMENT AND INFORMATION The general permit and fact sheet may be viewed at Ecology website: http:// www.ecy.wa.gov/programs/wq/permits/fin_fish/ index.html. The application, fact sheet, pro- posed permit, and other related documents are also available at Ecology's Southwest Regional Office for inspection and copying between the hours of 8:00 a.m. and 4:30 p.m., weekdays. To obtain a copy or to arrange to view copies at the Southwest Regional Office, please call Susan Baxter at 360-407-6309, e-mail susan.baxter@ ecy.wa.gov, or write to the address below. In- terested persons are invited to submit written comments regarding the proposed permit. All comments must be submitted within 30 days after publication of this notice to be considered for the final determination. Comments should be sent to: Melinda Wilson Department of Ecol- ogy Southwest Regional Office P.O. Box 47775 Olympia, WA 98504-7775 E-mail comments should be sent to melinda.wilson@ecy.wa.gov. Any interested party may request a public hear- ing on the proposed permit within 30 days of the publication date of this notice. The request for a hearing shall state the interest of the party and the reasons why a hearing is necessary. The request should be sent to the above address. Ecology will hold a hearing if it determines that there is significant public interest. If a hearing is to be held, public notice will be published" at least 30 days in advance of the hearing date. Any party responding to this notice with com- ments will be mailed a copy of a hearing pub- lic notice. Please bring this public notice to the attention of persons who you know would be interested in this matter. Ecology is an equal opportunity agency. If you have a special ac- commodation needs, please contact Meiinda Wilson at 360-407-6280 or TTY (for the speech and hearing impaired) at 360-833-6388. 7120 May 29, June 5 2t PUBLIC NOTICE NOTICE OF PUBLIC MEETINGS NOTICE IS HEREBY GIVEN that the Mason County Planning Advisory Commission will hold a public meeting at the Mason County Court- house Building 1, Commission Chambers, 411 North Fifth Street, Shelton, WA 98584 on Monday, June 16, 2014 at 6:00 p.m. PUBLIC HEARING - Consider designation of residen- tial targeted areas in Allyn, Belfair, and Shelton urban growth areas for a Multi-Family Housing Tax Incentive Program pursuant to Chapter 84.14 RCW. For information regarding these hearings contact Barbara Adkins at (360) 427- 9670, ext. 286. PUBLIC MEETING - Workshop for the Planning Advisory Commission to re- view the draft Shoreline Master Program poli- cies (draft Mason County Comprehensive Plan Chapter IX-2 and IX-4) and regulations (MCC 17.50.055 and 17.50.065), specifically the "Ar- chaeological Areas and Historic Sites," and the "Dredging" chapters. Please visit the Mason County website (www.co.mason.wa.us/com- munity dev/planning_com) for a detailed list of agenda items. For information regarding this workshop contact Rebecca Hersha at (360) 427-9670, ext. 287. If special accommodations are needed, please contact the Commissioners' office, 427-9670, Ext. 419 7141 June 5, 12 2t ........ , - ............ iiil! Hi:i; .....