The Journal of the San Juan Islands I SanJuanJournal.com
Wednesday, December 26, 2012 -- 19
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MISCELLANEOUS LEGAL NOTICES
NOTICE OF TRUSTEE’S SALE I NOTICE IS HEREBY GIVEN that the undersigned Bishop, White, Marshall & Weibel, P.S. will on January 25, 2013 at 10:00 am in the lobby of the San Juan County Courthouse, 350 Court Street, in the City of Friday Harbor located at San Juan County, State of Washington, sell at public auction to the highest bidder, payable, in the form of cash, or cashier’s check or certified checks from federally or State chartered banks, at the time of sale, the following described real property, situated in San Juan County, State of Washington, to-wit; That portion of the Northeast Quarter of the Southwest Quarter and of the Northwest Quarter of the Southeast Quarter of section 15, Township 36 North, Range 2 West, W.M., described as follows: That certain parcel shown, described and dimensioned as “Revised Parcel B-1” as shown on that certain Record of Survey filed under Auditor’s File Number 2007 0108020, at Book 20 of Surveys at page 138, records of San Juan County, Washington. TOGETHER WITH a non-exclusive easement for roadway and utility purposes, over, across and under a parcel of land 60 feet in width as described as Easements “G” and “I” in Application for a Simple Land Division, recorded December 24, 1981 in Volume 86 of Official Records at page 99, under Auditor’s File No. 119564, records of San Juan County, Washington. TOGETHER WITH a non exclusive easement for roadway and utility purposes, over, across and under that certain parcel of land being 60 feet in width as described within and as conveyed by Declaration of Amended Easement, recorded september 5, 1989, in Volume 254, of Official Records, at page 126, under Auditor’s File No. 89159880, records of San Juan County, Washington. which is subject to that certain Deed of Trust dated January 5, 2007, recorded January 23, 2007, under Auditor’s File No. 2007 0123010 records of San Juan County, Washington, from Robert Michael McCormick, a Married Man as His Separate Estate, as Grantor, to Washington Services, Inc., a Washington Corporation, as Trustee, to secure an obligation in favor of Washington Federal Savings as beneficiary. Washington Federal Savings is now known as Washington Federal. This loan secured by this Deed of Trust was most recently modified by an instrument dated September 14, 2011. The sale will be made without any warranty concerning the title to, or the condition of the property. 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 ofthe 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: Delinquent Monthly Payments Due from 1/1/2012 through 10/1/2012: 10 payments(s) at $786.03 Total: $7,860.30 Late Charges: 10 late charge(s) at $39.30 for each monthly payment not made within 15 days of its due date Total Late Charges $ 393.00 Returned Item Fee $15.00 TOTAL DEFAULT $8,268.30 IV The sum owing on the obligation secured by the Deed of Trust is: $171,497.56, together with interest from December 1, 2011 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 January 25, 2013. The payments, late charges, or other defaults must be cured by January 14, 2013 (11 days before the sale date) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before January 14, 2013 (11 days before the sale date) the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, or other defaults, is/are 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 January 14, 2013 (11 days before the sale date), and before the sale by the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance paying the entire principal and interest secured by the Deed of Trust, plus costs, fees, and advances, if any, made pursuant to the terms ofthe 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 address(es): Robert Michael McCormick NHN Scott Hill Rd. Orcas, WA 98280 Julia Catherine Allen NHN Scott Hill Rd. Orcas, WA 98280 Robert Michael McCormick 1345 Granborough Dr. Gardnerville, NY 89410 Julia Catherine Allen 1345 Granborough Dr. Gardnerville, NY 89410 Robert Michael McCormick 1281 Victorian Valley Dr. Eastsound, WA 98245 Julia Catherine Allen 1281 Victorian Valley Dr. Eastsound, WA 98245 by both first class and certified mail on September 7, 2012, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on September 10, 2012, 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 abovedescribed 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 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 ofthe 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. EFFECTIVE DATE: October 25, 2012 BISHOP, WHITE, MARSHALL & WEIBEL, P.S., Successor Trustee /s/ William L. Bishop, Jr. William L. Bishop, Jr. 720 Olive Way, Suite 1201 Seattle, WA 98101 (206) 622-7527 State of Washington ss. County of King On this 23rd day of October, 2012, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared William L. Bishop, Jr., to me known to be an Officer of Bishop, White, Marshall & Weibel, P.S., the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath states that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. /s/ Andrew Namkung Andrew Namkung NOTARY PUBLIC in and for the State of Washington at King County My Appt. Exp: 5/1/2016 LEGAL NO. J433706 Published: The Journal of the San Juan Islands. December 26, 2012, January 16, 2013. NOTICE The OPALCO Board of Directors has set Saturday, May 4, 2013 for its Annual Meeting and election of directors from District 3 (Lopez, Decatur, Center and Charles islands) and District 4 (Shaw, Crane, Canoe and Bell islands). No later than January 4, 2013 the directors will appoint two separate Nominating Committees consisting of three to five OPALCO members from Voting District 3 and Voting District 4. Each Committee will nominate two to five members as candidates for Director from their respective districts. District 3 will have two openings; District 4 will have one opening. A list of director candidates will be posted in the lobby of the Eastsound office no later than March 5, 2013. Fifteen or more members from District 3 or District 4 may make
other nominations by signed petition filed at the Eastsound office no later than March 20, 2013. If you are an OPALCO member living in either District 3 or District 4 and are interested in serving on the Nominating Committee or the OPALCO Board of Directors, please contact Bev Madan at 376-3549 or bmadan@opalco.com LEGAL NO. JS445091 Published: The Journal of the San Juan Islands, The Islands’ Sounder. December 19, 26, 2012, January 2, 9, 2013. SUPERIOR COURT OF WASHINGTON FOR SAN JUAN COUNTY Estate of GWENDOLYN E. YANSEN, Deceased. Case No. 12 4 05072 2 PROBATE NOTICE TO CREDITORS RCW 11.40.030 The Co-Personal Representatives named below have 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 Representatives’ 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(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: December 19th, 2012 CO-PERSONAL REPRESENTATIVES: Diana M. Wisen, Donald E. Yansen, David E. Yansen ATTORNEY FOR CO-PERSONAL REPRESENTATIVES: Cyrus W. Field, WSBA #33414 ADDRESS FOR MAILING/ SERVICE: c/o Cyrus W. Field POB 367, Shaw Island, WA 98286/ 640 Mullis St, Suite B217, Friday Harbor, WA LEGAL NO. J445036 Published: The Journal of the San Juan Islands. December 19, 26, 2012, January 2, 2013.
SUPERIOR COURT OF WASHINGTON IN AND FOR THE COUNTY OF SAN JUAN ONEWEST BANK, FSB, its successors in interest and/or assigns, Plaintiff, v. UNKNOWN HEIRS AND DEVISEES OF JOHN VAN NORTWICK; TINA L. LEGEUNE; UNITED STATES OF AMERICA, SECRETARY OF HOUSING AND URBAN DEVELOPMENT; WASHINGTON STATE DEPARTMENT OF SOCIAL AND HEALTH SERVICES; SNUG HARBOR OWNERS’ ASSOCIATION; OCCUPANTS 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, Defendants. No. 12-2-05105-5 SUMMONS BY PUBLICATION TO THE DEFENDANTS Unknown Heirs and Devisees of John Van Nortwick; and any persons or parties claiming to have any right, title, estate, lien or interest in the real property described in the complaint: 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 December 5, 2012, and defend the real property foreclosure action in San Juan County Superior Court, and answer the complaint of OneWest Bank, FSB (“Plaintiff”). You are asked to serve a copy of your answer or responsive pleading upon the undersigned attorneys for Plaintiff at its office stated below. 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. The purpose of this lawsuit is to obtain a judgment, and if not immediately paid, to be satisfied through the foreclosure of real property located in San Juan County, Washington, and legally described as follows: Lot 19, First Addition to Snug Harbor, a private subdivision, according to the plat recorded in Volume 3 of Plats, pages 34 and 34A, records of San Juan County, Washington. Commonly known as: 87 Snug Harbor Drive, Lopez Island, WA 98261. DATED: this 16th day of November, 2 0 1 2 ROUTH CRABTREE OLSEN, P.S. By: /s/ Janaya L. Carter, WSBA #32715 Lauren Davidson Humphreys, WSBA #41694 Valerie I. Holder, WSBA #42968 Attorneys for Plaintiff 13555 SE 36th Street, Ste 300 Bellevue, WA 98006 LEGAL NO. J439814 Published: The Journal of the San Juan Islands. November 28, December 5, 12, 19, 26, 2012 January 2, 2013. SUPERIOR COURT OF WASHINGTON STATE IN AND FOR THE COUNTY OF KING In the Matter of the Estate of: SHERIDAN CLARK JOHNSTON, Deceased No. 12-4-05901-0 SEA NOTICE TO CREDITORS 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 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: December 17th, 2012 Personal Representative Melissa Ann Youngman Attorney for the Personal Representative Scott Gifford WSBA#40926 Address for Mailing or Service: Scott Gifford 817 24th Ave. S. Seattle, WA 98144 LEGAL NO. J445353 Published: The Journal of the San Juan Islands. December 19, 26, 2012, January 2, 2013.
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