Serving Whitman County since 1877

Legals - Sept. 17, 2009

Inmate Trust Account, Whitman County Jail

The Sheriff’s Office is now clearing checks written to people who have been released from jail.

Below is a listing of people with uncashed checks.

Anyone recognizing their name can contact the jail at (:509)397-5585 to make arrangements for a replacement check. A current identification with picture is required to receive a new check.

Checks that have not been cleared by November 1st, 2009 will be donated to the inmate welfare fund.

Erick Von Huffstutler

Deneal Paul McKnight

Robert Allen Myrick

Anthony Lee Starrett

Darlo Doran Tolan

Archie Holmes Catron

Daniel Dee Zorb

Carrie Morton Swanson

Daniel James Naylor

Vincent Louis Bisceglia

Derrick Justin Mikkelsen

Tobin Michael Dubuc

Jack C Starks

Tammy Lynn Toffsrud

Nernal Oneal Nicholas

Jeffrey Duane Wentzel

Stefen James Cordova

Hallard Donald White

Tyler John Shales

Tyson Peter Thomas

Tewoeros Ayele Getahun

Travis Michael Off

Ronald Peter Kaas Jr.

Samuel Campbell Alexander

Randall Adam Ascanio

Joseph Redthunder

Braden Cole v. Thompson

Kevin Daniel Brotherton

Donald McCroskey Januik

John Christopher Burns

Robert Andrew Davis

Garret Lance Oppliger

Tyler Joseph Harlington

Todd Peter Vantosky

Ashley Lynn Kohlmeier

Daniel William Roach

Bryson Geoffrey Elder

Charles Richard Moyer

James Otto Reiber

Jose Covarrubias Herrerra

Kristin Marie McCully

Donald Antonio Santini

Bryan Daryl Butler

Christopher Michael Bieker

Don Cahn Vu

Jesse Lee Vanscoik

Thomas David Daroni Abrego

Bryson Kirk Campbell

Michael Allen Cory

Jeffrey Alan Spliethof

Timothy Davis Finlon

Belay Mamo Deress

Angel Cruze Lee Garcia

Timothy M Balen

Serena Lynn Sommers

Timothy Michael Boit

Joseph Adolf Mader

Jose Gonzlales-Lemos

Christopher Jack Reid

Dustin M Birch

Marie Ann Comito

Keith Von Stauffer

Blake Eldon Banfield

Nathan Bruce Charawell

Michael T Yniquez

Jacob Scott Novak

Lori Lynn Swinney

Jeffery Thomas Bosinski

Jonathan Alan Barnard

Sean Conan Boyle

Cauthemoe Nonoynsi Chavez

Sandra Irene Duffy

Terrence Marlow

Chun Wen Chen

Matthew Clyde Watts Smith

Brett Carson Hanks

Terry Dean Nash

Justin Timothy Wold

Dustin James Kemper

Nels Russel Madsen

Enrique Rodolfo Silva

Jesse William Starr

Jacob Bud Schroeder

Jessica Lynn Young

Jason Lee Kelley

Tyson Thomas Bundy

Logan Schmidt Thomas

Ryan Rober Damitz

Grant Matthew Edgeman

Ronald Orville Murphy

Joseph Yano Vancleve

David Patrick Minier

Mary Elizabeth Puckett

Haley Ali. Clements

William R Morby

Patrick Jeremiah McLaughlin

Dustin W W Magnus

Jared Thomas Roylance

Jerome Vincent Jones

Jen Chieh Lu

Charlene Martha Billigmeier

Amanda M Warren

William Bradford Moxley

Jason Samir Santiago

George Gilbert Harrington

Trevor Jean Garrett

Tyler Lee Harris

Christopher James Greenamyer

Andrew Thomas Thoreson

Lenny A Gonzales

Kyle M Seipp

Ronald Orville Murphy

Stuart Lee Harrison

Jonathan David Moss

Michael Pierre Strong

Calen Isaac Moore

Megan Breanne Stoner

Katasha Pichelle Kubas

Daniel Dunn Hack

Sayer Wyatt Torkkola

Lani Ray Buck

Dustin Michael Poe

Tarin Elyse Abbott

Kyle AnthonyJacobs

Louise Irene Hegel

Ashton Roderick Gant

Yuriy Mikhaylovich Ageyev

38/1c

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN

WHITMAN COUNTY, a political subdivision of the State of Washington,

Plaintiff,

vs.

Daniel A. Boyd, Darin McKee, Stacia McKee, Howard M. Neill, Neill- Gearhiser-Neill, LLC, Carl J. Dixon, Hallie B. Dixon, Community Action Center Housing, Rehabilitation Loan Program, Citicorp Trust Bank, Quality Loan Service Corp., Aaron D. Kramer, Cheri Jo Kramer, Elbert McNeal, Cory McNeal, Daniel Thayer, Julie Thayer, State of Washington, Department of Employment Security, Karen Lien, and each and every person having or claiming to have any right, title, lien or interest in, or upon, said real property, or any part thereof, by, through or under said named owner, or owners, and all persons unknown or known, if any, having or claiming to have any right, title, lien or interest or estate in, to or upon said real property, or any part thereof.

Defendants,

No. 09-2-00201-9

COMPLAINT AND SUMMONS

NOTICE FOR APPLICATION FOR JUDGMENT FORECLOSURE

YOU AND EACH OF YOU, all other persons or parties unknown claiming any right, title estate, lien or interest in or to the real property described in this complaint and summons of foreclosure of tax liens are hereby notified that Whitman County, a duly organized and existing county of the State of Washington, is the owner and holder of the Amended Certificate of Delinquency No. G-2006 dated the 8th day of September, 2009; that the Certificate was issued to Whitman County on that date by the Treasurer of Whitman County, pursuant to laws, for real property taxes and interest due, unpaid and delinquent for three or more years for which no Certificate of Delinquency had previously been issued, that the descriptions of the parcels of real property included and described in said Amended Certificate of Delinquency, the names of the several owners as appear on the rolls of the Whitman County Treasurer, the amounts of 2006 and prior delinquent taxes on each of said parcels of said real property, including interest thereon at 12 percent per annum, as well as penalty and costs on the balance of unpaid taxes, computed on the 2nd day of September, 2009.

The years for which the same are due and unpaid as they appear and are set forth and described in said Amended Certificate of Delinquency.

The Amended Certificate of Delinquency follows hereafter.

YOU ARE FURTHER NOTIFIED that the plaintiff, Whitman County will apply to the Superior Court of the State of Washington, in and for the County of Whitman, for judgment foreclosing its lien for taxes against the parcels of real property in this complaint and summons hereinafter described, and you and each of you, are summoned to appear in the above-mentioned Court within thirty (30) days after service of this notice/complaint and summons, and defend this action or pay the amount due, plus allowable costs (e.g., title search and advertising), and in case of your failure to do so, judgment will be rendered in this action foreclosing the lien of such taxes and interest against the amounts shown to be due against the parcels, as described in the Amended Certificate of Delinquency No. G-2006, filed herein, plus allowable costs ( e.g.

title search and advertising).

You may redeem your property by payment of all delinquent taxes, interest, penalty and costs; however there is no right of redemption after the close of business on the day before the sale date, scheduled for December 11, 2009, according to RCW 84.64.070.

All pleadings and process in this action and proceedings may be served upon ROBERT J. LOTHSPEICH, Treasurer of Whitman County, Washington, at his office in the County Courthouse, Colfax, Whitman County, Washington.

This action brought by Robert J. Lothspeich, Whitman County Treasurer, by and through Denis Tracy, Whitman County Prosecutor.

DATED at Colfax, Washington this 8th day of September, 2009.

Denis Tracy

Whitman County Prosecuting Attorney

W.S.B.A.#20383

CERTIFICATE OF DELINQUENCY

G -2006

No. 09-2-00201-9

STATE OF WASHINGTON )

ss. )

COUNTY OF WASHINGTON )

Daniel A. Boyd, Darin McKee, Stacia McKee, Howard M. Neill, Neill-Gearhiser-Neill, LLC, Carl J. Dixon, Hallie B. Dixon, Community Action Center Housing Rehabilition Loan Program, Citicorp Trust Bank, Quality Loan Service Corp., Aaron D. Kramer, Cheri Jo Kramer, Elbert McNeal, Cory McNeal, Daniel Thayer, Julie Thayer, State of Washington, Department of Employment Security, Karen Lien, and each and every person having or claiming to have any right, title, lien or interest in, or upon, said real property, or any part thereof, by, through or under said named owner, or owners, and all persons unknown or known, if any, having or claiming to have any right, title, lien or interest or estate in, to or upon said real property, or any part thereof.

Defendants.

THIS IS TO CERTIFY that I have this day, as Treasurer of Whitman County, issued to said County, this Amended Certificate of Delinquency for taxes, interest and costs due and delinquent September 2, 2006, in the sum set above each description of the real property situated in Whitman County, State of Washington, and described as follows, TO WIT:

Item #1

PARCEL # 2-0000-45-15-27-3792

TAX ID# 173990

TAXPAYER/REPUTED OWNER: Daniel Boyd

OWNER OF RECORD: Daniel Boyd, Darin McKee and Stacia McKee

IMPROVEMENTS: Yes

YEAR: 2006 to 2009

TAX: $ 10,549.48

PEN/INT $ 3,337.62

COSTS: $ 628.00

CERT. AMOUNT $ 14,515.10

PROPERTY ADDRESS: 2201 Kitzmiller Road, Pullman

LEGAL DESCRIPTION: Lot A2, McKee Cluster Short Plat No.2, Cluster A, Pullman, recorded under Rec. No. 666648, records of Whitman County, Washington. A 60’ private drive and farm/utility access easement as disclosed on the face of the Recorded Plat.

Item #2

PARCEL # 1-0555-00-19-08-0001

TAX ID# 290900

TAXPAYER/REPUTED OWNER: Carl J. Dixon

OWNER OF RECORD: Carl J. Dixon and Hallie B. Dixon

IMPROVEMENTS: Yes

YEAR: 2006 to 2009

TAX: $ 323.28

PEN/INT $ 96.11

COSTS: $ 500.00

CERT. AMOUNT $ 919.39

PROPERTY ADDRESS: 609 Garfield St, Lamont

LEGAL DESCRIPTION: Lot 7 and South 1/2 of Lot 8, Bl. 19, Town of Lamont, according to the plat thereof, recorded in Vol. G of Plats, pg 15, in Whitman County, Washington.

Item # 3 - REDEEMED

Item # 4

PARCEL # 1-0580-00-50-03-0000

TAX ID# 607240

TAXPAYER/REPUTED OWNER: Elbert McNeal and Cory McNeal, as joint tenants

OWNER OF RECORD: Cory McNeal

IMPROVEMENTS: No

YEAR: 2006 to 2009

TAX: $ 175.63

PEN./INT .: $ 37.01

COSTS: $ 500.00

CERT. AMOUNT: $ 712.64

PROPERTY ADDRESS: None available

LEGAL DESCRIPTION: Lots 1, 2 and 3, Block 50, Original Town of Malden, according to the plat thereof recorded in Book G, Page 8, records of Whitman County, Washington

Item # 5

PARCEL # 1-1025-99-06-03-0000

TAX ID# 876020

TAXPAYER/REPUTED OWNER: Daniel Thayer and Julie Thayer

OWNER OF RECORD: Daniel Thayer and Julie Thayer

IMPROVEMENTS: Yes

YEAR: 2006 to 2009

TAX: $ 9032.17

PEN./INT .: $ 2880.10

COSTS: $ 500.00

CERT. AMOUNT: $12,412.27

PROPERTY ADDRESS: 1880 NE Landis Place, Pullman

LEGAL DESCRIPTION: Lot 3, Block F, Landis Subdivision No.1, Pullman, according to the plat thereof recorded in Volume H of Plats, Page 47, records of Whitman County, Washington

_________________________

Which several sums shall bear interest at the rate of twelve percent per annum, plus penalty and added costs, as required by law.

IN WITNESS WHEREOF, witness my hand and seal as Treasurer of said County, in said State, this 8th day of September, 2009

Robert J. Lothspeich

Whitman County Treasurer

18659 38/1c

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that the Whitman County Commissioners will conduct a public hearing on Monday, September 21, 2009 at 10:45 a.m. in the their Chambers, Whitman County Courthouse, 400 N Main Street, Colfax, Washington. The purpose of the hearing is to receive public comment on a proposed new Whitman County Code zoning chapter and supporting zoning amendments as follows:

* Chapter 19.62 — Small Wind Energy Generators

* Chapter 19.03 — Definitions

* Chapter 19.10 — Agricultural District

* Chapter 19.58 — Communication and Utility Facilities

For more information, contact Alan Thomson at 397-5211. Persons requiring ADA accommodations should advise us of that need by calling 509-397-5240. Handicap accessibility is available using the east entrance (Mill Street) to the County Courthouse.

Maribeth Becker, CMC, Clerk of the Board

18299 37/2c

NOTICE OF PUBLIC HEARING FOR A VARIANCE

The public is notified of a hearing for Chuck and Sharon Lyman before the Board of Adjustment on Thursday, October 1, 2009, at 7:00 p.m. in the Public Service Building, 1st floor auditorium, N. 310 Main Street, Colfax, Washington.

The applicants are requesting a variance from the viewshed requirement for a new residence on an existing parcel. Because of adverse topography, the applicant is requesting to place his home within 1,500 feet of another residence.

Interested persons may submit signed written comments to Whitman County Planning, PO Box 430, Colfax, WA 99111-0430, before 4:00 p.m. on Thursday, October 1; 2009, or fax comments to (509) 397-6210; or attend the hearing. For more information, contact Mariah Simpson, Assistant County Planner, at (509) 397-4622. Persons requiring ADA accommodation should advise us of that need.

Date: Thursday, September 17, 2009

Mariah Simpson

Assistant County Planner

19630 38/1c

SUPERIOR COURT OF

WASHINGTON FOR WHITMAN COUNTY

IN THE MATTER OF:

JOE N. SHEER,

Deceased.

No. 09-4-00093-5

NON-PROBATE NOTICE TO CREDITORS

(RCW 11.42.030)

The Notice Agent named below has elected to give notice to creditors of the above-named Decedent. As of the date of the filing of a copy of this Notice with the Court, the Notice Agent has no knowledge of any other person acting as Notice Agent, or of the appointment of a Personal Representative of the Decedent’s estate in the State of Washington. According to the records of the Court, as are available on the date of filing of this Notice with the Court, a cause number regarding the Decedent has not been issued to any other Notice Agent and a Personal Representative of the Decedent’s estate has not been appointed.

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 11.42.070 by serving on or mailing to the Notice Agent or the Notice Agent’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 Notice Agent’s Declaration and Oath were filed.

The claim must be presented within the later of: (1) Thirty days after the Notice Agent served or mailed the Notice to the Creditor as provided under RCW 11.42.020(2)(c) 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 11.42.050 and 11.42.060.

This bar is effective as to claims against both the Decedent’s probate and non-probate assets.

Date of First Publication: September 17, 2009.

The Notice Agent declares under penalty of perjury under the laws of the State of Washington, on August 19, 2009 at Colfax, Washington, that the foregoing is true and correct.

/s/ Velda Z. Sheer

Velda Z. Sheer, Notice Agent

Attorneys for Notice Agent:

Randall | Danskin

A Professional Service Corporation

By: /s/ Donald K. Querna

Donald K. Querna, WSBA # 6081

Address for Mailing or Service:

601 W Riverside Avenue, Suite 1500

Spokane, WA 99201

38/3c

SUPERIOR COURT OF WASHINGTON FOR WHITMAN COUNTY

GARFIELD UNITED METHODIST

CHURCH,

Plaintiff,

vs.

DAVID T. HOLZ and MARY L. HOLZ, individually and the marital community composed thereof; the GARFIELD WOMEN’S CLUB; and all other parties, known or unknown, claiming any right, title, estate, lien, or interest in the real estate described in the Complaint in this action, Defendants.

NO. 09 2 00215 9

SUMMONS BY PUBLICATION

THE STATE OF WASHINGTON to DAVID T. HOLZ and MARY L. HOLZ, and the GARFIELD WOMEN’S CLUB; and to all other persons or parties unknown claiming any reversionary or other right, title, estate, lien, or interest in the real estate described in the Complaint in this action, defendants:

You, and each of you, are hereby summoned to appear within 60 days after September 17, 2009, and defend the above-entitled action in the above-entitled Court and answer the Complaint of the plaintiff and serve a copy of your answer upon the undersigned attorney for the plaintiff, at the address stated below; and in case of your failure to do so, judgment will be rendered against you according to the demands of the Complaint in this action which has been filed with the Clerk of said Court.

The object of this action is to quiet title in plaintiff to real estate in Whitman County, Washington, described as follows:

Lots 3 and 4 in Block 6, Amended Plat of the Town of Garfield, according to plat thereof, recorded in Volume A of Plats, page 155, records of Whitman County, Washington.

against the claim of the defendants and any one of them.

DATE OF FIRST PUBLICATION: September 17, 2009.

BISHOP LAW OFFICE,

By: Stephen Bishop, WSBA #6514

Attorney for Plaintiff

Address:

P.O. Box 337

Garfield, WA 99130

Tel.:(509) 635-1551

38/6c

NOTICE OF CHANGE OF MEETINGS

The Port of Whitman County has changed its October 2009 meeting schedule. The meeting schedule has been changed to October 8, 2009 and October 21, 2009. Both meetings will be at 10:00 a.m. at the Port of Whitman County office, N. 302 Mill Street, Colfax, WA. The commission will then hear and act upon any and all business that may be brought before it.

38/2c

State of Washington

Department of Revenue

Unclaimed Property Section

NOTICE TO OWNERS OF UNCLAIMED PROPERTY.

Did you know the state of Washington is holding over $750 million dollars in unclaimed property? Some of it may be yours or relatives. The following are options to check for unclaimed property:

1. Search for your name by visiting our web site at http://claimyourcash.org

2. Call 1-800-435-2429 (in WA) or (360) 705-6706 Monday, Tuesday, Thursday, and Friday 8 a.m. to 5 p.m. Wednesday 9 a.m. to 5 p.m.

OR

3. Write to our office at

Department of Revenue

Unclaimed Property Section

PO Box 47477

Olympia, WA 98504-7477

38/1c

SURPLUS SALE

ST JOHN SCHOOL DISTRICT

September 19, 2009 from 9:00 a.m. – noon

Laptop computers, radio headsets, encyclopedias, library books, etc. Removal of all items must be completed at the time of purchase. Sale will be held at the Bus Garage. For information call the St John School Office at 509-648-3336.

37/2c

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN

IN THE MATTER OF THE ESTATE

OF

EDWIN A. JOHNSON,

Deceased.

NO. 09-4-00092-7

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. 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 Section 11 of the Sessions Laws of Chapter 252, Sessions Laws of 1997 and RCW 11.40.060.

This bar is effective as to claims against both the decedent’s probate and nonprobate assets.

DATE OF FIRST PUBLICATION: September 3, 2009

PERSONAL REPRESENTATIVE: AARON DEE JOHNSON

ATTORNEY FOR PERSONAL REPRESENTATIVE: WESLEY A. NUXOLL of counsel to Libey, Ensley & Nelson, PLLC

ADDRESS FOR MAILING OF SERVICE:

P.O. Box 619

North 409 Main Street

Colfax, WA 99111-0619

Telephone: 509-397-4345

36/3c

SUPERIOR COURT OF

WASHINGTON FOR WHITMAN COUNTY

IN THE MATTER OF THE ESTATE

OF

RICHARD L. THIESSEN,

Deceased.

No. 09-4-00090-1

AMENDED

NOTICE TO CREDITORS

The Personal Representative named below has been appointed and has qualified as Personal Representative of this Estate.

Persons having claims against the deceased must, prior to the time such claims would be barred by any otherwise applicable statute of limitations, serve their claims on the Personal Representative or the attorneys of record at the address stated below and file an executed copy of the claim with the Clerk of the this Court within four months after the date of first publication of this Notice or within four months after the date of the filing of a copy of this Notice with the Clerk of the court, whichever is later, or, except under those provisions included in RCW 11.40.011 or RCW 11.40.013, the claim will be forever barred.

DATE OF FILING COPY OF NOTICE TO CREDITORS WITH CLERK OF THE COURT: August 27, 2009

DATE OF FIRST PUBLICATION: September 3, 2009

Nathaniel Thiessen, Personal Representative

c/o Timothy Esser, Esser & Sandberg, PLLC

Attorneys for Estate

520 East Main Street

Pullman, WA 99163

(509) 332-7692

36/3c

SUPERIOR COURT, SPOKANE COUNTY, WASHINGTON

In the Matter of the Estate of

ZELMA JEAN HEYER,

Deceased.

No. 09401104-6

PROBATE NOTICE TO

CREDITORS

(R.C.W. §11.40.020)

The individual named below has been appointed as Personal Representative of this Estate.

Any person having a claim against the decedent must, before the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in Revised Code of Washington §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 Revised Code of Washington §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 provided in Revised Code of Washington, §11.40.05 1 and Revised Code of Washington, §11.40.060.

This bar is effective as to claims against both the decedent’s probate assets and nonprobate assets.

DATE OF FIRST PUBLICATION: September 3, 2009

PERSONAL REPRESENTATIVE: ELISA A. SOREY, Personal Representative

ATTORNEY FOR THE PERSONAL REPRESENTATIVE: CHARLES A. CLEVELAND, P.S.

ADDRESS FOR MAILING OR SERVICE:

Rock Pointe Center

316 West Boone Avenue, Suite 660

Spokane, WA 99201

Prepared by:

CHARLES A. CLEVELAND, P. S.

By Charles A. Cleveland

Attorney for the Personal Representative

WSBA 9466

36/3c

SUPERIOR COURT OF

WASHINGTON

COUNTY OF WHITMAN

IN THE MATTER OF THE ESTATE OF

MILDRED J. MCKENZIE

Deceased.

NO. 09 4 00087 1

PROBATE NOTICE TO

CREDITORS

RCW 11.40.030

The personal representatives named below have been appointed as 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 personal representatives 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 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 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: September 3, 2009

Personal Representatives:

Donna Garden

6865 N. Vandecar Rd. SE

Port Orchard, WA 98367

Karl Jones

15004 99th Ave. Ct. E

Puyallup, WA 98375

Attorney for the Personal Representative:

PAUL L. CLARK

Kirsch & Clark, PLLC

P.O. Box 9384

Moscow, ID 83843

Address for Mailing or Service:

PAUL L. CLARK

Kirsch & Clark, PLLC

P.O. Box 9384

Moscow, ID 83843

36/4c

SUPERIOR COURT OF

WASHINGTON

COUNTY OF WHITMAN

IN THE MATTER OF THE ESTATE OF

BOYD E. BRINK

Deceased.

NO. 09 4 00086 2

PROBATE NOTICE TO

CREDITORS

RCW 11.40.030

The personal representative named below has been appointed as personal representative or executor 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 nonprobate assets.

Date of First Publication: August 27, 2009.

Personal Representative and Executor:

MARGERY BRINK

415 Park

Palouse, WA 99161

Attorney for the Personal Representative:

PAUL L. CLARK

Kirsch & Clark, PLLC

P.O. Box 9384

Moscow, ID 83843

Address for Mailing or Service:

PAUL L. CLARK

Kirsch & Clark, PLLC

P.O. Box 9384

Moscow, ID 83843

35/4c

File No .: 7261.24499 Grantors: Northwest Trustee Services, Inc. HSBC Bank USA, National Association, as Indenture Trustee of the Fieldstone Mortgage Investment Trust, Series 2006-3 Grantee: David J. Knerr and Donna J. Knerr, husband and wife Tax Parcel ID No .: 1-0697-00-01-03-0000 Abbreviated Legal: LOT 3, BLK 1, ROBERTS Amended Notice of Trustee’s Sale Pursuant to the Revised Code of Washington 61.24, et seq.

I. On September 25, 2009, at 10:00 a.m.

inside the main lobby of the Whitman County Courthouse, North 404 Main Street in the City of Colfax, State of Washington, the Trustee (subject to any conditions imposed by the Trustee) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property "Property", situated in the County(ies) of Whitman, State of Washington: Lot 3, Block 1, Roberts Addition to Oakesdale, according to plat thereof, recorded in Book C of plats, page 13, records of Whitman County, Washington.

Commonly known as: North 303 Roberts Street Oakesdale, WA 99158 which is subject to that certain Deed of Trust dated 09/18/06 and recorded on 09/28/06, under Auditor’s File No. 674477, records of Whitman County, Washington, from David J. Knerr and Donna J. Knerr, husband and wife, as Grantor, to Katrina E. Glogowski, OSB#03538, Mcarthy & Holthus, LLP, as Trustee, to secure an obligation "Obligation" in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for Fieldston Mortgage Company, as Beneficiary, the beneficial interest in which was assigned by Mortgage Electronic Registration Systems, Inc. to HSBC Bank USA, National Association, as Indenture Trustee of the Fieldstone Mortgage Investment Trust, Series 2006-3, under an Assignment/Successive Assignments recorded under Auditor’s File No. 683439.

*The Tax Parcel ID number and Abbreviated Legal Description are provided solely to comply with the recording statutes and are not intended to supplement, amend or supersede the Property’s full legal description provided herein.

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 or Borrower’s default on the Obligation.

III. The Beneficiary alleges default of the Deed of Trust for failure to pay the following amounts now in arrears and/or other defaults: Amount due to reinstate by 08/10/2009 Monthly Payments $17,813.52 Late Charges $730.73 Total Arrearage $18,544.25 Trustee’s Expenses (Itemization) Trustee’s Fee $472.50 Sale Costs $800.00 Total Costs $1,272.50 Total Amount Due: $19,816.75 Other known defaults are as follows: IV. The sum owing on the Obligation is: Principal Balance of $169,681.83, together with interest as provided in the note or other instrument evidencing the Obligation from 08/01/08, and such other costs and fees as are due under the Obligation, and as are provided by statute.

V. The Property will be sold to satisfy the expense of sale and the Obligation as provided by statute.

The sale will be made without representation or warranty, express or implied regarding title, possession, encumbrances or condition of the Property on September 25, 2009.

The default(s) referred to in paragraph III, together with any subsequent payments, late charges, advances costs and fees thereafter due, must be cured by 09/14/09 (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 the close of the Trustee’s business on 09/14/09 (11 days before the sale date), the default(s) as set forth in paragraph III, together with any subsequent payments, late charges, advances, costs and fees thereafter due, is/are cured and the Trustee’s fees and costs are paid.

The sale may be terminated any time after 09/14/09 (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 balance of 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.

VI. A written notice of default was transmitted by the Beneficiary or Trustee to the Borrower and Grantor at the following address(es): NAME AND ADDRESS DAVID J. KNERR NORTH 303 ROBERTS STREET OAKESDALE, WA 99158 DAVID J. KNERR PO BOX 245 OAKESDALE, WA 99158 DONNA J. KNERR NORTH 303 ROBERTS STREET OAKESDALE, WA 99158 DONNA J. KNERR PO BOX 245 OAKESDALE, WA 99158 by both first class and either certified mail, return receipt requested on 11/08/07, proof of which is in the possession of the Trustee; and on 11/09/07 Grantor and Borrower were personally served with said written notice of default or the written notice of default was posted on 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 below will provide in writing to anyone requesting it a statement of all foreclosure costs and trustee’s 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 right, title and interest in the Property.

IX. Anyone having any objection 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.

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.

The trustee’s rules of auction may be accessed at http://www.northwesttrustee.com and are incorporated by this reference.

You may also access sale status at http://www.northwesttrustee.com and http://www.USA-Foreclosure.com EFFECTIVE: 08/10/2009 Northwest Trustee Services, Inc., Trustee Authorized Signature P.O. BOX 997 Bellevue, WA 98009-0997 Contact: Heather L. Smith (425) 586-1900.

(TS# 7261.24499) 1002.78957-FEI

35/1c & 38/1

 

Reader Comments(0)