The Times - Serving Waitsburg, Dayton and the Touchet Valley

LEGALS

 

October 17, 2019



WHEN RECORDED MAIL TO:

C/o Document Department – Trustee Services

Northpark Town Center

1000 Abernathy Rd NE; Bldg 400, Suite 200

Atlanta, GA 30328

WASHINGTON STATE COUNTY AUDITOR/RECORDER’S

INDEXING FORM (Cover Sheet)

RCW 65.04

Document Title(s): NOTICE OF TRUSTEE’S SALE

Grantor(s): LACHELLE M JOHNSON

Current Beneficiary of the Deed of Trust: U.S. Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, Series OOMC 2006-HE5, Asset Backed Pass-Through Certificates, Series OOMC 2006-HE5

Current Trustee of the Deed of Trust: Western Progressive - Washington, Inc.

Current Mortgage Servicer of the Deed of Trust: PHH Mortgage Corporation

Reference Number(s) of the Deed of Trust: 2006-14215

Assessor’s Property Tax Parcel Number(s): 36-07-28-14-0107

Grantee(s): Western Progressive - Washington, Inc.

ABBREVIATED LEGAL DESCRIPTION:

BEGINNING AT A POINT IN THE WEST LINE OF WILBUR AVENUE AS NOW ESTABLISHED, WHICH POINT IS 394.70 FEET NORTH AND 25 FEET WEST OF THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 28 IN TOWNSHIP 7 NORTH, OF RANGE 36 EAST` OF THE WILLAMETTE MERIDIAN;

NOTICE OF TRUSTEE’S SALE

TS No .: 2019-00050-WA

APN No .: 36-07-28-14-0107

Grantor(s): LACHELLE M JOHNSON

Current Beneficiary of the Deed of Trust: U.S. Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, Series OOMC 2006-HE5, Asset Backed Pass-Through Certificates, Series OOMC 2006-HE5

Current Trustee of the Deed of Trust: Western Progressive - Washington, Inc.

Current Mortgage Servicer of the Deed of Trust: PHH Mortgage Corporation

Reference Number(s) of the Deed of Trust: 2006-14215

Assessor’s Property Tax Parcel Number(s): 36-07-28-14-0107

I

NOTICE IS HEREBY GIVEN that the undersigned Trustee, Western Progressive - Washington, Inc., will on 10/25/2019, at the hour of 09:00 AM, at Main entrance, Walla Walla County Courthouse, 315 W. Main, Walla Walla WA 99362, State of Washington, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property, situated in the County(ies) of Walla Walla, State of Washington to-wit:

LEGAL DESCRIPTION:

ALL THAT CERTAIN LAND SITUATED IN THE STATE OF WA, COUNTY OF WALLA WALLA, CITY OF WALLA WALLA, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE WEST LINE OF WILBUR AVENUE AS NOW ESTABLISHED, WHICH POINT IS 394.70 FEET NORTH AND 25 FEET WEST OF THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 28 IN TOWNSHIP 7 NORTH, OF RANGE 36 EAST` OF THE WILLAMETTE MERIDIAN; AND RUNNING THENCE NORTH, ALONG SAID WEST LINE OF WILBUR AVENUE, A DISTANCE OF 82.50 FEET TO A POINT WHICH IS 187.0 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE WEST, PARALLEL TO THE SAID NORTH LINE OF SAID NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 173.23 FEET; THENCE SOUTH, PARALLEL TO THE SAID WEST LINE OF WILBUR AVENUE, A DISTANCE OF 82.50 FEET TO THE POINT OF INTERSECTION WITH A LINE PARALLEL TO AND 394.70 FEET NORTH, MEASURED AT RIGHT ANGLES, FROM THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 173.23 FEET TO THE POINT OF BEGINNING.

ALSO, AN EASEMENT FOR RIGHT OF WAY, TO BE USED IN COMMON WITH OTHERS, OVER AND ACROSS A STRIP OF LAND DESCRIBED AS FOLLOWS: A STRIP OF LAND 30 FEET IN WIDTH, BEING 15 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:

BEGINNING AT A POINT WHICH IS 198.23 FEET WEST AND 187.0 FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 28 IN TOWNSHIP 7 NORTH, OF RANGE 36 EAST OF THE WILLAMETTE MERIDIAN; AND RUNNING THENCE WEST, PARALLEL TO THE NORTH LINE OF

SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 461.77 FEET TO A POINT IN THE WEST LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, THE TERMINUS OF SAID CENTER LINE.

Commonly known as: 1124 S Wilbur Avenue, Walla Walla, WA 99362-3766

NOTICE OF TRUSTEE’S SALE

The undersigned Trustee disclaims any liability for any incorrectness of the above street address or other common designation.

Which is subject to that certain Deed of Trust dated 04/19/2006, recorded 11/28/2006, under Auditor’s File No.2006-14215, Book --- Page ---, records of Walla Walla County, Washington, from Lachelle M. Johnson AN UNMARRIED WOMAN as Grantor, to FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION as Trustee, to secure an obligation in favor of H&R BLOCK MORTGAGE CORPORATION, A MASSACHUSETTS CORPORATION, the beneficial interest in which was assigned to U.S. Bank National Association, as Trustee for Asset Backed Securities Corporation Home Equity Loan Trust, Series OOMC 2006-HE5, Asset Backed Pass-Through Certificates, Series OOMC 2006-HE5 under an assignment recorded on September 15, 2017, under Auditor’s File No. as Instrument No. 2017-07266, Bk. in Book ---, Pg. at Page --- , records of Walla Walla County, Washington.

II.

No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrower’s or Grantor’s default on the obligation secured by the Deed of Trust.

III.

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

Failure to pay when due the following amounts which are now in arrears: $19,492.23; (together with any subsequent payments, late charges, advances, costs and fees thereafter due)

IV.

The sum owing on the obligation secured by the Deed of Trust is: Principal Balance of $177,288.58, together with interest as provided in the note or other instrument secured from 07/01/2018, 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 10/25/2019. The default(s)

NOTICE OF TRUSTEE’S SALE

referred to in paragraph III, must be cured by 10/14/2019 (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 10/14/2019 (11 days before the sale date), the default(s) as set forth in paragraph III is/are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after 10/14/2019 (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 of the obligation and/or Deed of Trust and curing all other defaults.

VI.

A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following addresses:

See Exhibit “A” attached

by both first class and certified mail on 04/15/2019 proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on 04/13/2019, with said written notice of default or the written notice of default was posted in a conspicuous place on the real property described in the paragraph I above, and the Trustee has possession of proof of such service or posting.

VII.

The Trustee whose name and address are set forth below will provide in writing to anyone requesting it, a statement of all costs and fees due at any time prior to the sale.

VIII.

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

If the sale is set aside for any reason, the purchaser at the sale shall be entitled only to a return of the bid amount paid. The purchaser shall have no further recourse against the Trustor, the Trustee, the Beneficiary or the Beneficiary’s attorney.

IX.

Anyone having any objections to the 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.

NOTICE OF 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;

XI.

NOTICE TO GUARANTORS

(a) If you are a guarantor of the obligations secured by the deed of trust, you 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.

(b) You have 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.

(c) You will have no right to redeem the property after the trustee’s sale.

(d) 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 other deed of trust granted to secure the same debt.

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:

NOTICE OF TRUSTEE’S SALE

The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission: Telephone: (877) 894 -4663. Website: http://www.homeownership.wa.gov

The United States Department of Housing and Urban Development: Telephone: (800 ) 569-4287.

Website: http://www.hud.gov

The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone:(800) 606-4819. Website: http ://nwjustice.org/get-legal-help

DATE: June 3, 2019

Trustee: Western Progressive - Washington, Inc.

Trustee address: 3600 15th Avenue West, Suite 200, Office C Seattle, Washington 98119

Trustee telephone number: 1-206-876-9986

Signature/By______________________________

Trustee Sale Assistant

STATE OF Georgia____)

____________________)ss

COUNTY OF Fulton___)

On _________________ before me,______________Personally appeared _____________who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

________________________________

Notary Name (Seal)

NOTICE OF TRUSTEE’S SALE

Exhibit “A”

Name and Addresses:

Lachelle M. Johnson AN UNMARRIED WOMAN

1124 S Wilbur Avenue, Walla Walla, WA 99362-3766

WESTERN PROGRESSIVE - WASHINGTON, INC., MAY BE ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE.

The Times

Sept. 26, Oct. 17, 2019

9-26-a

______________

STATE OF WASHINGTON

DEPARTMENT OF ECOLOGY

NOTICE OF APPLICATION FOR CHANGE/TRANSFER OF WATER RIGHT UNDER

ONE (1) SURFACE WATER CERTIFICATE

TAKE NOTICE:

That John Liebermann and Mary Phillips of Waitsburg, WA, has made application for change/transfer of water right in order to correct the place of use by adding an additional lot as granted under Touchet River Adjudicated Surface Water Certificate No. 64.

That Touchet River Adjudicated Surface Water Certificate No. 64 authorizes the diversion of 0.253 cubic feet per second, from April 1 to September 15; 0.380 cubic feet per second, from September 15 to April 1, 60.96 acre feet per year, for the irrigation of 18.53 acres.

That the authorized point of diversion is from the Touchet River, a tributary to the Walla Walla River, within the SW¼SW¼ of Sec. 12, T. 9 N., R. 37 E.W.M.

That the authorized place of use is known as Tax 3; Tax 11A; Tax 21 within a portion of the NW¼ of Section 12, T. 9 N., R. 37 E.W.M, all within in Walla Walla County.

That they propose to correct the place of use by adding Tract ‘B’ as designated on Short Plat filed August 1, 1980 as Auditor’s No. 8005950 records of Walla Walla County, Washington.

All within Walla Walla County, Washington.

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 ($50.00) dollar recording fee and filed with the Department of Ecology, at the address shown below, within thirty (30) days from October 17, 2019.

State of Washington

Department of Ecology

WATER RESOURCES PROGRAM - ERO

POB 47611

OLYMPIA, WA 98504-7611

The Times

October 10, 17, 2019

10-10-a

__________

Case No. 19-4-00175-36

NOTICE TO CREDITORS

(RCW 11.40.030)

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WALLA WALLA

In Re the Estate

of

ALBERT CHARLES PONTI

Deceased.

The Personal Representative named below has been appointed and has qualified 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 RCW 11.40.060. This bar is effective as to claims against both the decedent’s probate and non-probate assets.

Date of filing copy of Notice to Creditors: 09/30/2019

Date of First Publication: 10/03/2019

/s/

R. GARY PONTI

Personal Representative

R. Gary Ponti

Attorney at Law

103 E. Poplar

Walla Walla, WA 99326

The Times

Oct. 3, 10, 17, 2019

10-3-a

___________

NOTICE OF PUBLIC HEARING

Notice is hereby given by the Touchet Lowden Mosquito Control District that a public hearing will be held from 6:00 pm to 7:00 pm on Monday November 4th 2019 at the Touchet Fire Station, Touchet, WA, to consider setting the annual budget for the 2020 operating year.

Written testimony, which will be read into the record, may be sent to: Touchet-Lowden Mosquito Control District, P.O. Box 173, Touchet, WA 99360.

Dated this 17th day of October, 2019.

Board of the Touchet-Lowden Mosquito Control District.

By: Alisha Scholz, Secretary

The Times

Oct. 17, 24

10-17-b

 

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