Legals - Dec. 17, 2009

Dec 17, 20090

Notice to Providers of Service to Developmentally Disabled Individuals

Request for Qualifications

Whitman County seeks statements of qualifications from agencies interested in providing day program services to developmentally disabled residents in Whitman County. The services are to be provided July 1, 2010 through June 30, 2011. Examples of services include, but are not limited to: Child Development Services (Birth through the age of two); Pre-Vocational, Group Supported Employment, and Individual Employment for adults; Community Access Services/Person to Person for severely disabled and retirement aged individuals. Individuals served through these programs are determined eligible through a state eligibility process.

The document requested as part of this process is a completed "Qualified Provider Checklist". To be considered for selection, prospective providers are to submit 2 copies of their submittals that include: a completed "Qualified Provider Checklist‚" encompassing qualifications of key personnel, relevant experience; fiscal management and local availability of services within Whitman County.

If requested by Whitman County, services may extend beyond 2011 and through one or more subsequent years. Final provider selection and budgets will be determined after interviews, review of submitted materials, negotiations, and determination of final funding appropriation for 2010-2011 year.

Providers need to be aware that services are to be provided on a reimbursable basis. "Qualified Provider Checklists" and / or information are available at the Whitman County Developmental Services Department Office, 310 North Main Street, Colfax, WA 99111. For clarification contact Tim Myers, County Coordinator at (509) 397-6238.

Response to this Request for Qualifications must be received at the Whitman County Developmental Services Department, 310 North Main Street, Colfax, WA 99111 by 4:00p.m. (PST) on Thursday, December 31, 2009 to be considered for selection. Incomplete submittals will disqualify the provider from further consideration.

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NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Whitman County, Washington, will consider the Report of the County Road Engineer for the vacation and abandonment of the Pazen Road and portions of the Almota Road lying on both sides of the new right of way as shown on the plans for C.R.P. No. 8000-6 Almota Road Project and recorded in the Whitman County Engineers Office, for County Road No. 8000, the Almota Road, in Sections 22, 27, and 28, Township 16 North, Range 43 East, W.M., in Whitman County, Washington.

THAT A HEARING on said vacation will be held in the office of the Whitman County Commissioners in the Courthouse in Colfax, Washington on the 19th day of January, 2010, at the hour of 11:00 a.m., at which time and place all persons interested may appear and be heard for or against said vacation and abandonment.

BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS of Whitman County, Washington.

GIVEN under my hand and official seal this 7th day of December, 2009.

Maribeth Becker, CMC, Clerk of the Board

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NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Whitman County, Washington, will consider the Report of the County Road Engineer for the vacation and abandonment of the Campbell Road, the Bruce Change in the Campbell Road and the Bruce Bridge No. 1020-01.70 located in the NE 1/4 and SE 1/4 of Section 30, Township 20 North, Range 46 East, W.M., in Whitman County, Washington.

BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS of Whitman County, Washington.

GIVEN under my hand and official seal this 7th day of December, 2009.

Maribeth Becker, CMC, Clerk of the Board

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NOTICE OF HEARING

THAT A HEARING on said vacation will be held in the office of the Whitman County Commissioners in the Courthouse in Colfax, Washington on the 19th day of December, 2010, at the hour of 11:00 a.m., at which time and place all persons interested may appear and be heard for or against said vacation and abandonment.

BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS of Whitman County, Washington.

GIVEN under my hand and official seal this 7th day of December, 2009.

Maribeth Becker, CMC Clerk of the Board

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NOTICE OF HEARING

NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Whitman County, Washington, will consider the Report of the County Road Engineer for the vacation and abandonment of the Hatley Road, County Road No. 9550 and the Henson Bridge No. 9550-00.05 located in the SE 1/4 of Section 21 and the NE 1/4 of Section 28, Township 14 North, Range 44 East, W.M., in Whitman County, Washington.

BY ORDER OF THE BOARD OF COUNTY COMMISSIONERS of Whitman County, Washington.

GIVEN under my hand and official seal this 7th day of December, 2009.

Maribeth Becker, CMC Clerk of the Board

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SUPERIOR COURT OF

WASHINGTON

COUNTY OF WHITMAN

DEPENDENCY OF:

CEDRICK BARNES

D.O.B. 07/01/1999

CAUSE NO: 09-7-00010-3

NOTICE & SUMMONS/ORDER

(DEPENDENCY)

STATE OF WASHINGTON TO:

Name: LAURA LILES

I. NOTICE OF HEARING

1.1 You are notified that a petition, a copy of which is attached, was filed with this Court alleging that:

the above-named child is dependent. A dependency petition begins a judicial process which, If the Court finds the child dependent, could result in substantial restriction or permanent loss of your parental rights.

1.2 A hearing has been set in this matter on January 7, 2010 at 1:30 P.M.

At: Whitman County SUPERIOR COURT

N. 400 MAIN STREET

COLFAX, WA. 99111

1.3 The purpose of the hearing is to hear and consider evidence on the petition.

1.4 If you do not appear THE COURT MAY ENTER AN ORDER IN YOUR ABSENCE

II. SUMMONS/ORDER TO APPEAR

2.1 YOU ARE SUMMONED AND REQUIRED to appear at the hearing on the date, time and place indicated.

NOTICE

VIOLATION OF THIS ORDER OR SUMMONS IS SUBJECT TO A PROCEEDING FOR CONTEMPT OF COURT PURSUANT TO RCW 13.34.070

III. ADVICE OF RIGHTS

3.1 You have important legal rights, and you must take steps to protect your interest.

3.2 You have the right to a fact-finding hearing before a judge. At the hearing, you have the right to speak on your own behalf, to introduce evidence, to examine witnesses, and to receive a decision based solely on the evidence presented to the judge. You should attend this hearing.

3.3 You have the right to be represented by a lawyer. If you cannot afford a lawyer you have the right to request that the Court appoint a lawyer to represent you.

3.4 Your lawyer can look at the social and legal files in your case, talk to the agency social worker, tell you about the law, help you understand your rights and help you at hearings.

3.5 If you wish to have a lawyer appointed, contact:

Sonya Miller

P.O. Box 679

Colfax, WA 99111

509-397-5345

Dated: Nov 9, 2009,

By direction of

DAVID FRAZIER

Judge/Commissioner of the Superior Court

SHIRLEY J. BAFUS

Clerk

By: Brenda G. Cloninger

Deputy Clerk

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ORDINANCE NO. 600

AN ORDINANCE ADOPTING THE TOWN BUDGET PASSED IN 2009 FOR INCOME AND EXPENSES FOR THE YEAR 2010.

IT IS HEREBY ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF OAKESDALE, WASHINGTON:

1. WHEREAS, the council of the Town of Oakesdale adopted and published notices of a hearing on said proposed budget for the year 2010;

2. AND WHEREAS, at said hearing no objections were raised to said proposed budget;

3. AND said budget was adopted by the Town Council of the Town of Oakesdale at a meeting held on December 7, 2009;

4. THEREFORE, said budget adopted and passed by the Town Council on December 7, 2009 is hereby ratified, approved and confirmed;

5. A copy of said budget is attached and is hereby incorporated herein.

6. Line item transfers are permissible within a fund without prior approval of the Council, where and when necessary.

7. This ordinance shall be in full force and effect after passage and proper publication in the official Town newspaper.

R.W. Rickett, Mayor

ATTEST:

Mary DeGon, Clerk/Treasurer

EXPENDITURES

001-CURRENT

EXPENSE FUND $118,667.00

101-STREET FUND $ 79,319.00

401-WATER/

SEWER FUND $148,139.00

GRAND TOTAL

2010 BUDGET

EXPENDITURES $346,125.00

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Ordinance 464

An ordinance of the Town of Malden defining use, parking and storage of recreational vehicles, campers and trailers within the boundaries of Malden. Complete copies of this ordinance are available from the town clerk.

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Ordinance 465

An ordinance of the Town of Malden establishing the position of building inspector and setting fees for permits, A complete copy of this ordinance is available from the town clerk.

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Ordinance 466

An ordinance of the Town of Malden authorizing the placing of all revenues from the water utility tax and the telephone utility tax into the city street fund. A complete copy of this ordinance is available from the town clerk.

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Ordinance 467

An ordinance of the town of Malden adopting the budget for the fiscal year ending Dec. 31, 2010.

Revenues

Current Expense Fund $30,792.00

Street Fund $12,192.00

Water Fund $64,010.00

Total $106,994.00

Expenditures

Current Expense Fund $23,279.00

Street Fund $13,918.00

Water Fund $55,758.00

Total $92,955.00

This ordinance shall take effect beginning Jan. 1, 2010. Copies of the 2010 budget are available from the town clerk.

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NOTICE OF MEETING

The Port of Whitman County will hold a strategic planning meeting on Tuesday, Dec. 29, 2009, at 10:00 a.m. at the Spokane Club, located at 1002 W. Riverside Avenue, Crystal Room, Spokane, WA 99201.

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INVITATION FOR BIDS

WHITMAN COUNTY

FIRE DISTRICT #11

Sealed bids for a new 4x4 fire truck chassis medium duty. Sealed bids will be accepted until 12 a.m. January 12, 2010. Specifications are available by calling 509-288-7022. Bids can be submitted by mail to: Whitman County Fire District #11, PO Box 24, Colfax, WA 99111. The County board of Fire Commissioners reserve the right to reject any and all bids, to waive technicalities or irregularities, and after careful considerations of all bids and factors, make a decision to serve the interests of the Whitman County Fire District #11.

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Final 2010 Budget Public Hearing Notice

NOTICE IS HEREBY GIVEN that a public hearing will be held for the final 2010 budget by the City of Tekoa, Washington in the Council Chambers at 419 North Washington Street on Monday, December 21, 2009. The public hearing will be held after 7:00 p.m. All citizens are invited to attend. Copies of the proposed final budget can be obtained at City Hall during regular business hours.

Kynda Browning

Clerk/Treasurer

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FINAL 2009 BUDGET PUBLIC HEARING NOTICE

NOTICE IS HEREBY GIVEN that a public hearing will be held to amend the 2009 budget by the City of Tekoa, Washington in the Council Chambers at 419 North Washington Street on Monday, December 21, 2009. The public hearing will be held after 7:00 p.m. All citizens are invited to attend.

Kynda Browning

Clerk/Treasurer

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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN

IN THE MATTER OF THE ESTATE

ARTHUR E. WAGNER,

Deceased.

NO. 09-4-00097-8

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(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: DECEMBER 3, 2009

CO-PERSONAL REPRESENTATIVES: THOMAS M. WAGNER/GREGORY W. WAGNER

ATTORNEY FOR P.R

THOMAS M. WAGNER

LIBEY, ENSLEY & NELSON, PLLC

P.O. Box 619

North 409 Main Street

Colfax, WA 99111-0619

Telephone: 509-397-4345

ATTORNEY FOR P.R.

GREGORY W. WAGNER

ESSER & SANDBERG, PLLC

E. 520 Main St.

Pullman, WA 99163

Telephone: 509-332-7692

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SURPLUS SALE

Endicott SCHOOL DISTRICT

Endicott School District has declared the wooden gymnasium bleachers as surplus and will sell to the highest bidder. The bleachers consist of twelve sections which are 16 feet long with 6 rows in each section. Dismantling of the bleachers will begin Monday, December 21st, 2009. The highest bidder may help with this process, if available.

The District prefers to sell the bleachers (all sets) as a full set, which includes all wood and brackets. Preference will be given to those bids. However, if no bids are received for the full set, bids will then be accepted for individual sections. All sealed bids must be received by noon on Friday, December 18th, 2009 at: Endicott School, 308 School Drive, Endicott, WA 99125. Please mark SEALED BID. For information please call Billy Ray at 509-657-3523.

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SURPLUS SALE

ST. JOHN SCHOOL DISTRICT

St John School District has declared a 1996 Int/Am Tran forty-eight (48) passenger bus as surplus and will sell to the highest bidder. The bus consists of a DT 466 engine, a MD 643 Tranny and 64,801 miles. Minimum bid is $2,000.00. Sealed bids must be received by 10:00 a.m. on December 23, 2009 at: St John School District #322, 301 W Nob Hill, St John, WA 99171. Please mark SEALED BID. For information please call: Ken Gering at the St John bus garage 509-648-3402.

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ST JOHN SCHOOL BOARD APPOINTMENT

DIRECTOR DISTRICT #1

Applications are being accepted through 12:00 noon Friday, December 18, 2009 for an opening on the St John School Board. Interviews will be conducted at theregularly scheduled board meeting on Monday, December 21, The vacancy occurs in the Director District #1 which is open to any qualified applicant living North of State Route23 within the St John School District boundary. For official boundary information, please contact the School District.Applications are available at the School District by contacting Dana Crider, 301 W. Nob Hill, St John, WA 99171 or call 509-648-3336.

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ST JOHN SCHOOL BOARD APPOINTMENT

AT-LARGE POSITION

Applications are being accepted through 12:00 noon Friday, December 18, 2009 for an opening on the St John School Board. Interviews will be conducted at theregularly scheduled board meeting on Monday, December 21, The vacancy occurs in the Director District #5 which is an At-Large position and is open to any qualified applicant living within the St John School District boundary. For official boundary information, please contact the School District.Applications are available at the School District by contacting Dana Crider, 301 W. Nob Hill, St John, WA 99171 or call 509-648-3336.

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ORDINANCE NO. 546

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF Rosalia, WASHINGTON, FIXING THE BUDGET FOR 2010, SETTING FORTH APPROPRIATIONS AND ESTIMATED REVENUES AND ADOPTING, BY REFERENCE, THE FINAL BUDGET FOR 2010,

THE TOWN COUNCIL OF THE TOWN OF Rosalia DO ORDAIN AS FOLLOWS.

SECTION 1. The Mayor of the Town of Rosalia completed and placed on the file with the Clerk a preliminary budget, including estimates of revenues and expenditures for operations of the town for the fiscal year beginning January 1, 2010 and ending December 31, 2010.

SECTION 2: The Town Council has made such adjustments and changes to said preliminary budget, as it deems necessary or proper at the time.

SECTION 3: The Town advertised and properly held the statutory public hearing on the October 27th, 2009.

SECTION 4: The proposed budget, as revised, was fixed by the Town Council on November 24th, 2009 and is now on file in the office of the Clerk, and is hereby adopted by fund, and incorporated herein as set forth, in full, in this ordinance.

SECTION 5: The following is a summary of the totals of estimated revenues and appropriations for each separate fund and the aggregate totals for all funds combined:

FUND Revenues Expenditures

Current Expense

General Government $73,288,00

Police Department $66,030.00

Fire Department $17,402.00

Planning & Building Department $1,490.00

Environmental & Mental Health $2,660.00

Library $12,320.00

Total General Fund $173,190.00 $173,190.00

Special Revenue Funds

City Street Fund $87,668.00 $87,668.00

Ambulance Fund $225,150,00 $225,150.00

Community Center Fund $12,650.00 $ 12,650.00

Events & Performing Arts Center Fund $6,600,00 $6,600.00

Rosalia Medical Clinic Fund $100.00 $100.00

Capital Project Funds

Capital Improvement Fund $16,339.00 $16,339.00

Park Improvement Fund $16,804.00 $16,804.00

Airport Project Fund $276,950,00 $276,950,00

Enterprise Funds

Water Fund $127,274.00 $127,274.00

Water Capital Improvement Fund $32,125.00 $32,125.00

Sewer Fund $1,424,250.00 $1,424,250.00

Sewer Capital Improvement Fund $19,400.00 $19,400.00

Waste Water Facility Fund $58,784.00 $58,784.00

Trust Fund

Water Deposit Reserve Fund $10,150.00 $10,150.00

TOTAL BUDGET $2,487,434.00 $2,487,434.00

SECTION 6: The Clerk/Treasurer is directed to transmit a copy of the budget, as hereby adopted, to the State Auditor's Office, Division of Municipal Corporations, and to the Association of Washington Cities.

SECTION 7: If any provision of this ordinance or its application to any person or circumstances is held invalid, the remainder of the ordinance or the application of the provisions to other persons or circumstances is not affected.

SECTION 8: This ordinance shall take effect and be in force after its passage and publication.

PASSED by the Town Council of Rosalia, Washington, this 8th day of December 2009.

Ken Jacobs, Mayor

ATTEST: Kerry Bourke, Clerk/Treasurer

APPROVED AS TO FORM

By: Stephen Bishop, Town Attorney

PASSED: 12/8/09

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ORDINANCE NO. 327

AN ORDINANCE ADOPTING THE FINAL BUDGET OF THE TOWN OF Endicott FOR THE YEAR BEGINNING JANUARY 1, 2010.

WHEREAS, the Town Council has made estimates of the amount required to meet the expenses of the Town of Endicott for the ensuing year and the amount necessary to be raised by taxation; and

WHEREAS, following the filing of the preliminary budget with the clerk, notice has been published once a week for two consecutive weeks designating the date of December 8, 2009 for a hearing for the purpose of fixing the final budget and copies of the preliminary budget have been made available to interested taxpayers at the Clerk's office; and

WHEREAS, a hearing has been held on the final budget pursuant to R.C.W. 35.33, NOW THEREFORE,

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF Endicott, WASHINGTON AS FOLLOWS:

Section 1. The budget for the Town of Endicott for the year commencing January 1, 2010, is hereby adopted as follows:

FUND REVENUES EXPENDITURES

Current Expense Fund $80,881.00 $80,881.00

City Street Fund 49,632.00 49,632.00

Criminal Justice Fund 16,768.00 16,768.00

Water Fund 168,350.00 168,350.00

Sewer Fund 80,700.00 80,700.00

Water Sewer Deposit 5,450.00 5,450.00

Sewer Reserve Fund 26,952.00 14,990.00

City Hall Construction Fund 3,050.00 1,500.00

Water Construction Fund 219,197.00 219,197.00

Capital Improvement Fund 2,500.00 2,500.00

Water Reserve Fund 49,156.00 35,955,00

Total All Funds 702,276.00 675,923.00

Section 2. The Town Clerk is hereby authorized and directed to forward a complete copy of the final budget as adopted to the Division of Municipal Corporations in the Office of the State Auditor, and to the Association of Washington Cities.

Section 3. Included in this budget is the salary for the Town Maintenance Supervisor of $33,000.00 per year and the Clerk-Treasurer of $11,00.00 per year.

Section 4: This ordinance shall be in full force and effect upon its passage and approval.

PASSED at the regular meeting of the Town Council of the Town of Endicott, and approved by the Mayor on the 8th day of December, 2009, A.D.

Verne Strader

Mayor

Georgeann Bafus

Clerk-Treasurer

APPROVED AS TO FORM:

Town Attorney

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SUMMARY OF TOWN OF GARFIELD ORDINANCE NO. 375N.

AN ORDINANCE ADOPTING THE BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2010.

Section 1. The Annual Budget for the year 2010 is adopted at the fund level.

Section 2. Estimated resources and appropriated expenditures are set forth:

Estimated

Revenues Appropriations

Fund

Current Expense 199,735 159,426

Current Expense Reserve 28,000 0

City Street Fund 80,100 64,303

City Street Reserve 70,500 0

Library 223 0

Capital Facilities Improve 23,350 22,000

Fire Equipment Reserve 14,500 0

Police Equipment Rsv 15,780 0

Equipment Reserve 36,500 20,000

Park Gazebo/Bandstand 3,411 3,411

Water (Utilities) Fund 528,967 455,875

Water Loan 28,848 23,038

Sewer Loan Redemption 61,487 51,199

Utilities Reserve 230,500 6,000

Sewer Reserve 0 0

Utilities Equipment Resv 98,700 0

Sewer Loan Reserve 56,600 0

Water Deposits 5,300 925

Total All Funds 1,482,501 806,177

This ordinance was passed on December 7, 2009, and will be in effect five days after publication of this summary. A copy of the ordinance is available for public inspection at the Clerk-Treasurer's office at 405 E California — P.O. Box 218, Garfield, WA 99130, http://www.garfieldwa.com/. The full text of this ordinance will be mailed upon request.

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File No .: 7081.22047 Grantors: Northwest Trustee Services, Inc. Flagstar Bank, FSB Grantee: Bert L. Dutton, who acquired title as an unmarried individual Tax Parcel ID No .: 1-0340-00-52-02-0000 and 1-0340-00-52-16-00 Abbreviated Legal: Lots 1, 2, 15 and 16, Blk 52, R.R. Add., Farmington Notice of Trustee’s Sale Pursuant to the Revised Code of Washington 61.24, et seq.

I. On December 28, 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 undersigned 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: Lots 1, 2, 15 and 16, Block 52, Railroad Addition to the Town of Farmington, according to Plat thereof, recorded in Book A of Plats, Page 126, Records of Whitman County, Washington.

Commonly known as: 102 West Adams Street Farmington, WA 99128 which is subject to that certain Deed of Trust dated 11/18/08, recorded on 11/24/08, under Auditor’s File No. 690002, records of Whitman County, Washington, from Bert L. Dutton, a single man, as Grantor, to Joan H. Anderson, EVP on behalf of Flagstar Bank, FSB., as Trustee, to secure an obligation "Obligation" in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for Lender and Lender’s successors and assigns, as Beneficiary, the beneficial interest in which was assigned by Mortgage Electronic Registration Systems, Inc. solely as nominee for Lender and Lender’s successors and assigns to Flagstar Bank, FSB, under an Assignment/Successive Assignments recorded under Auditor’s File No. 695323.

*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 09/17/2009 Monthly Payments $4,539.08 Late Charges $192.15 Lender’s Fees & Costs $0.00 Total Arrearage $4,731.23 Trustee’s Expenses (Itemization) Trustee’s Fee $725.00 Title Report $565.95 Statutory Mailings $9.56 Recording Costs $28.00 Postings $70.00 Sale Costs $0.00 Total Costs $1,398.51 Total Amount Due: $6,129.74 Other known defaults as follows: IV. The sum owing on the Obligation is: Principal Balance of $87,836.55, together with interest as provided in the note or other instrument evidencing the Obligation from 02/01/09, 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 December 28, 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 12/17/09 (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 12/17/09 (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 12/17/09 (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 Bert L. Dutton 102 West Adams Street Farmington, WA 99128 Unknown Spouse and/or Domestic Partner of Bert L. Dutton 102 West Adams Street Farmington, WA 99128 by both first class and either certified mail, return receipt requested on 07/31/09, proof of which is in the possession of the Trustee; and on 08/01/09 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: 09/17/2009 Northwest Trustee Services, Inc., Trustee Authorized Signature P.O. BOX 997 Bellevue, WA 98009-0997 Contact: Vonnie McElligott (425) 586-1900.

(TS# 7081.22047) 1002.130241-FEI

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