13-112

No. 13-112

SUPERIOR COURT OF WASHINGTON

COUNTY OF WAHKIAKUM

WAHKIAKUM COUNTY, a political subdivision and duly organized and existing County of the State of Washington,

Plaintiff,

vs.

Case No. 13-2-00061-9

NOTICE OF APPLICATION FOR JUDGMENT FORECLOSING TAX LIENS AND SUMMONS FOR DELINQUENT TAXES

EACH AND EVERY LOT, TRACT, PART, PARCEL AND PORTION OF THE VARIOUS PARCELS OF REAL PROPERTY DESCRIBED IN CERTIFICATE OF DELINQUENCY FOR DELINQUENT TAX from 2010 and OTHER YEARS; AND ALL PERSONS KNOWN OR UNKNOWN HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE, HOMESTEAD, ESTATE, LIEN OR INTEREST THEREIN, HEREINAFTER DESCRIBED IN THE FOLLOWING LIST,

Defendant

STATE OF WASHINGTON, COUNTY OF WAHKIAKUM, TO: All parties named in “Exhibit A" attached hereto.

YOU AND EACH OF YOU, and all other persons or parties unknown claiming any right, title, homestead, estate, lien or interest in or to the real property described in this Notice of Application for Judgment Foreclosing Tax Liens and Summons for Delinquent Taxes, hereafter referenced as the Notice and Summons, are hereby notified that:

1. A lawsuit has been started against the property which you own or in which you have an interest described on the attachment hereto, to foreclose the lien for real property tax and amounts collectible as real property tax of Wahkiakum County.

2. Wahkiakum County is the owner and holder of an Certificate of Delinquency in Tax Case No. Error! Reference source not found. 13-2-00061-9 issued on the 9th day of September, 2013, for the delinquent real property taxes, interest and penalties thereon including amounts collectible as real property tax pursuant to law and foreclosure costs owed on the real property described in the Certificate of Delinquency for 2010 through 2013 and other years not previously foreclosed.

3. The descriptions and local street address (if known) of the several lots, tracts and parcels of real property included and described in the Certificate of Delinquency, the names of the several reputed owners as they appear on the rolls of the Wahkiakum County Treasurer, the names of all holders of any lien or interest of record in each lot, tract or parcel known to the Treasurer, the amounts of delinquent taxes and other amounts for each year on each of said lots, tract or parcels of real property remaining due and unpaid, together with interest and penalties thereon computed through September 2013, appear and are set forth and described in the Certificate of Delinquency and are incorporated herein by reference shown under “Exhibit A" listing parcel number, Certificate of Delinquency Number and Amount, owner(s) or reputed owner(s), legal description and local street address (if known), and holder of lien or interest of record.

4. The legal descriptions shown in the Certificate of Delinquency are all within Wahkiakum County and the parcel number and plat name reference are parts of that legal description, and all are incorporated herein by reference. Various parcels are noted and referenced as "undivided interest" as they pertain to the legal description shown.

5. The interest if any, held by the United States is a lien filed or recorded with the Wahkiakum County Auditor on behalf of the officer of the United States for the parcel affected. Any lien or interest of the United States is inferior to the lien of Wahkiakum County, and the property will be sold subject only to the right of redemption set forth in 28 U.S.C. § 2410.

6. The Certificate of Delinquency is on file with the Clerk of the above-entitled court and is available for your personal inspection during normal business hours, Wahkiakum County Courthouse, 64 Main Street, Cathlamet, Washington. Publication of this Notice and Summons will be accompanied by extracts of the Certificate of Delinquency containing the foregoing information. Copies of Notice and Summons mailed or personally served will have appended and incorporated therein by reference extracts of the Certificate of Delinquency in which the particular addressee is named.

7. Important: Wahkiakum County will apply to the superior court on November 4th of 2013, for judgment foreclosing its lien for taxes and other amounts due against the lots, parcels and tracts of real property in this Notice and Summons described, together with easements appurtenant thereto of record prior to the year for which the tax is foreclosed and authorizing sale free and clear of all right, title, homestead, estate, lien or interest therein to the fullest extent provided by law, subject to the lien of any assessments for local improvements and to rights of redemption expressly authorized by law. In order to defend against this foreclosure lawsuit, you must appear and state your defense in writing and serve a copy upon the undersigned within thirty (30) days after the date of first publication of this Summons, exclusive of the date of first publication which date of first publication will be October 3, 2013, and defend this action or pay the amount due, plus allowable costs (including the cost of title search and publication) or a default judgment will be rendered in this action against you, without notice, foreclosing the lien of Wahkiakum County in the amount shown to be due against each lot, parcel and tract as described in the Certificate of Delinquency, plus allowable costs, and public sale of the property and appurtenances will be authorized. A default judgment is one where the plaintiff is entitled to what it asks for because you have not responded. If you serve a Notice of Appearance upon the undersigned, you are entitled to a notice before default judgment may be entered.

8. If you wish to seek the advice of an attorney, you should do so promptly so that a written response, if any, may be served in time.

9. If judgment is rendered against the property, either by default or after a hearing by the Court, the property will be sold unless redeemed by payment of the amount of the judgment together with interest and additional cost to the date of payment. THE RIGHT TO REDEEM WILL EXPIRE AT CLOSE OF BUSINESS ON THE DAY BEFORE THE SALE, EXCEPT FOR MINORS, OR A PERSON ADJUDICATED TO BE LEGALLY IMCOMPETENT OR THE UNITED STATES OF AMERICA. The time, date and place of sale have tentatively been set for December 13th, 2013 at 10:00 a.m., 3rd floor, County Commissioners conference room, Courthouse, 64 Main Street, Cathlamet, Washington, 98612, but are subject to change. Formal notice of sale shall be posted in three public places in Wahkiakum County for ten (10) successive days prior to sale. Though not a statutory requirement, you may request a courtesy copy of the Notice of Sale which will set forth a date, place and time of sale by filing and serving the undersigned with a written request setting forth your request for notice and the address to which notice may be sent and an effort will be made to mail notice prior to the sale. You will not receive a notice of the sale date if you do not request it, and you will not receive any more notices after this one. THERE IS NO RIGHT OF REDEMPTION ON THE DAY OF OR AFTER THE PUBLIC AUCTION.

10. If you do not redeem the property from foreclosure prior to sale, and are the record owner of the property, you are still entitled to any sale proceeds which exceed the tax, interest and penalties and foreclosure costs, provided you apply to the Wahkiakum County Treasurer's Office within three (3) years after the date of sale.

11. If the property is not redeemed prior to sale, you are entitled to bid at the public auction for the property.

12. Exemption for Elderly and Disabled. This action will not be continued against your property if you are eligible for deferral of taxes under ch. 84.38 RCW due to age or disability and file a declaration to defer taxes in accordance with the requirements of that chapter. The Wahkiakum County Assessor’s Office can assist you in filing the declaration if you call 360-795-3791.

13. Interest accrues on delinquent amounts set forth in the Certificate of Delinquency at the rate of twelve (12%) percent per year. A penalty of eight (8%) percent of the 2013 tax will be assessed December 1, 2013, if the property is not redeemed by November 30, 2013.

14. You may obtain further information regarding the matters set forth above, including the total amount of interest, penalties and foreclosure costs payable at the time of redemption, by contacting the Wahkiakum County Treasurer's Office, 64 Main Street, Cathlamet, Washington, 98612, phone (360) 795-8005.

15. All pleadings and process in this foreclosure action shall be served upon the undersigned at their address stated below.

DATED at Cathlamet, Washington, this 9th day of September, 2013.

John G. Wetle

Deputy Prosecuting Attorney

Attorney for Plaintiff

WSBA NO. 7533

WAHKIAKUM COUNTY, a duly

organized and existing County of the

State of Washington, Plaintiff.

By TAMMY PETERSON Tammy Peterson

Wahkiakum County Treasurer

  64 Main Street

  Cathlamet, Washington, 98612

2013 Certificate of Delinquency

EXHIBIT A

REAL PROPERTY

CERTIFICATION NO: 2013-3

MONICA L. GAILLARD PID# 4435

PO BOX 429 GEO# 230806-410005

CATHLAMET, WA 98612

YEAR TAXES ASSESSMENTS & COSTS COSTS INTEREST TOTAL

2013 $1531.90 $45.96 $76.59 $1654.45

2012 $1333.16 $146.67 $226.63 $1706.46

2011 $1505.26 $165.56 $436.52 $2107.34

2010 $1295.15 $360.00 $142.45 $531.01 $2328.61

2009 $650.78 $52.05 $305.86 $1008.69

$6316.25 $360.00 $552.69 $1576.61 $8805.55

PID# 4438

GEO# 230806-410008

YEAR TAXES ASSESSMENTS & COSTS PENALTY INTEREST TOTAL

2013 $46.86 $1.41 $2.33 $50.60

2012 $40.78 $4.50 $6.93 $52.21

2011 $38.69 $4.26 $11.21 $54.16

2010 $37.06 $273.56 $4.10 $15.18 329.90

$163.39 $273.56 $14.27 $35.65 $486.87

REAL PROPERTY CERTIFIED AMOUNT

REAL PROPERTY CERTIFIED AMOUNT

Section-Township-Range

ABBREVIATED LEGAL: SEE ATTACHMENT FOR CERTICATION NO: 2013-3

FULL LEGAL: SEE ATTACHMENT FOR CERTIFICATION NO: 2013-3

Description of the real estate searched:

Those portions of the Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4) of Section Twenty Three (23), Township Eight (8) North, Range Six (6) West of the Willamette Meridian, described as follows, to-wit:

Parcel No. One:

Beginning at a point on the East line of said Section, North 01° 12’ East, 1,745 feet from the Southeast corner of said Section; thence North 01° 12’ West, 99.33 feet; thence South 88° 22’ 47” West, 181 feet, more or less, to the center of a small slough; thence Southeasterly along the centerline of said slough to a point which bears South 35° West, 58 feet, more or less, from the point of beginning; thence North 35° East, 58 feet, more or less, to the point of beginning; TOGETHERWITH an appurtenant driveway easement providing for access to and from the State Highway across Tract “A” of Plat of Section 24, Township 8 North, Range 6 West of the Willamette Meridian, filed for record April 23, 1979, under Auditor’s File No. 31822, in Volume 46 of Deeds & Mortgages, page 504, records of Wahkiakum County, Washington.

Parcel No. Two:

Beginning at a point on the East line of said Section, North 01° 12’ West, 1,844.33 feet from the Southeast corner thereof; thence continuing North 01° 12’ West along said East line, 30 feet; thence South 8° 22’ 47” West, 210 feet, more or less, to a point in the centerline or thread of a small slough; thence Southeasterly along the centerline or thread of said small slough, 40 feet, more or less, to a point which bears South 88° 22’ 47” West, 181 feet, more or less, from the point of beginning; thence North 88° 22’ 47” East, 181 feet, more or less, to the point of beginning; TOGETHERWITH an appurtenant driveway easement providing for access to and from the State Highway across Tract “A” of PLAT OF SECTION 24, TOWNSHIP 8 NORTH, RANGE 6 WWM, as per plat thereof recorded in Book “A” of Plats, page 40, records of Wahkiakum County, Washington, said easement being filed for record April 23, 1979, under Auditor’s File No. 31822, in Volume 46 of Deeds & Mortgages, page 504, records of Wahkiakum County, Washington.

Situate in the County of Wahkiakum, State of Washington.

2013 Certificate of Delinquency

EXHIBIT A

REAL PROPERTY

CERTIFICATION NO: 2013-1

JAMES M. HEATON PID# 3346

2519 1ST AVE #807 GEO# 180907-420005

SEATTLE, WA 98121

YEAR TAXES ASSESSMENTS & COSTS PENALTY INTEREST TOTAL

2013 $68.60 $2.04 $3.42 $74.06

2012 $75.38 $8.24 $12.74 $96.36

2011 $74.55 $8.10 $21.46 $104.11

2010 $69.51 $382.07 $7.58 $28.49 $487.65

$288.04 $382.07 $25.96 $66.11 $762.18

REAL PROPERTY CERTIFIED AMOUNT

Section-Township-Range

ABBREVIATED LEGAL: SEE ATTACHMENT FOR CERTIFICATION NO: 2013-1

FULL LEGAL: SEE ATTACHMENT FOR CERTIFICATION NO: 2013-1

Description of the real estate searched:

That portion of Government Lot Five (5), in Section Eighteen (18), Township Nine (9) North, Range Seven (7) West of the Willamette Meridian; being that portion thereof described in deeds filed for record July 25, 1908, under Auditor’s File No. C97, in Volume “L” of Deeds, page 37, and filed for record November 11, 1907, in Volume “K” of Deeds, page 446, records of Wahkiakum County, Washington; EXCEPTING THEREFROM that portion conveyed to Robert T. Heaton by deed filed for record June 25, 1971, under Auditor’s File No. 25948, in Volume 29 of Deeds, page 656, records of Wahkiakum County, Washington.

Situate in the County of Wahkiakum, State of Washington.

2013 Certificate of Delinquency

EXHIBIT A

REAL PROPERTY

CERTIFICATION NO: 2013-2

AMERICAN EAGLE MORTGAGE #100 LLC PID# 6234

A WASHINGTON LIMITED LIABILITY COMPANY GEO# 050906-410015

PO BOX 61427

VANCOUVER, WA 98666

YEAR TAXES ASSESSMENTS & COSTS PENALTY INTEREST TOTAL

2013 $571.50 $17.14 $28.58 $999.29

2012 $528.81 $58.16 $89.88 $676.85

2011 $729.20 $80.21 $211.48 $1020.89

2010 $686.92 $382.07 $75.56 $281.64 $1044.12

$2516.43 $382.07 $231.07 $611.58 $3741.15

REAL PROPERTY CERTIFIED AMOUNT

Section-Township-Range

ABBREVIATED LEGAL:

SEE ATTACHMENT FOR CERTIFICATION NO: 2013-2

FULL LEGAL: SEE ATTACHMENT FOR CERTIFICATION NO: 2013-2

Description of the real estate searched:

That portion of the Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4) of Section Five (5), Township Nine (9) North, Range Six (6) West of the Willamette Meridian, lying East of the Middle Valley County Road, lying West and North of Skamokawa Creek, and lying North of that certain tract heretofore conveyed to Thomas C. Webb, et. ux., by deed recorded under Auditor’s File No. 48624, in Book 120 of Deeds & Mortgages, page 351, records of Wahkiakum County, Washington described as follows, to-wit:

Lot Two (2) of that certain survey filed for record under Auditor’s File No. 49002 in Volume 1 of Short-Subdivisions, page 63, records of Wahkiakum County, Washington.

Situate in the County of Wahkiakum, State of Washington.

Publish October 3, 2013