Serving Whitman County since 1877

LEGALS - FEB. 11, 2010

NOTICE OF CALL FOR BIDS

Bid for One (1) Articulated Crane and

Auger System for Sign Truck

WHITMAN COUNTY

STATE OF WASHINGTON

Sealed bids will be received on the following proposal by the Board of County Commissioners of Whitman County, State of Washington, at its office in the Whitman County Courthouse in Colfax, Washington, until 2:00 p.m. Pacific Time, on March 8, 2010 at which time they will be opened and publicly read. Handicap access may be obtained by the Mill Street entrance to the Courthouse.

Each bid is to be separately sealed in an envelope addressed to the Board of County Commissioners with the name of the bidder and item bid, including time and date of opening written plainly on the outside of the envelope. (NO FAXES ACCEPTED.)

The Board of County Commissioners reserves the right to reject any or all bids or to accept the bid which in its estimation best serves the interests of Whitman County.

Detailed bid sheets and specifications may be obtained from the Public Works office, Second Floor, Public Service Building, 310 N. Main Street, Colfax, Washington, (509) 397-4622.

This contract provides for one (1) new articulated crane and auger system for a sign truck as described in the specifications.

DATED this 1st day of February, 2010.

Maribeth Becker, CMC

Clerk of the Board

20159 5/2c

NOTICE OF CALL FOR BIDS FOR COUNTY PRINTING

NOTICE IS HEREBY GIVEN that the Board of Whitman County Commissioners will, up to the hour of 10:30 a.m. on the 5th day of April 2010, receive sealed bids for county printing for the year July 1, 2010 and ending June 30, 2011. Bids will be opened at 10:30 a.m. in the Commissioners’ Chambers, Whitman County Courthouse, Colfax, Washington.

Said printing, including all heads and sub-heads, shall be set solid without leads, and all heads, or sub-heads, shall be set in the same size type as is used in the body of the printing; each bidder is required to specify the size and type and width of column he will use should he become the successful bidder therefore, and each bidder shall also accompany his bid with a sample of the style, size, and kind of printing he will reproduce; together with a statement of his price per column wide, at which time he will do the County printing and also with a copy of regular current issue of his newspaper, and a sworn affidavit setting for the actual bonafide paid circulation of the bidder’s newspaper in Whitman County as of March, 2010.

Each bid must be accompanied by a certified check in the amount of $1,000.00 payable to the order of the County Treasurer, the same to be forfeited to Whitman County in case the successful bidder fails to enter into a contract and furnish a surety bond or certificate of deposit at a Whitman County, Washington Bank or Savings Institution payable to the Whitman County Commissioners in the amount of $5,000.00 within ten days from the time of awarding the contract; said bond or certificate of deposit to be approved by the Clerk of the Board of County Commissioners before it is filed.

The contract will require the successful bidder(s) to furnish a copy of each newspaper to at least (2) County Departments, free of charge (Commissioners and Human Resources) as a condition of its bid. A copy of the contract can be obtained by contacting the Clerk of the Board of County Commissioners.

All bids must be filed with the Clerk of the Board on or before the time specified in order to be considered, and will then be opened by said Board at its office in the Whitman County Courthouse at Colfax, Washington. The Board reserves the right to reject any and all bids for any reason whatsoever.

Maribeth Becker, CMC

Clerk of the Board

19310 5/2c

MEETING CANCELLATION NOTICE

The February 23, 2010 regular meeting of the Whitman County LEOFF I Board has been canceled.

The next regular meeting of the Board will take place March 23, 2010 at 10 a.m. in the Whitman County Commissioners’ Chambers.

Maribeth Becker, CMC, Clerk of the Board

19313 6/1c

NOTICE OF A MITIGATED

DETERMINATION OF

NONSIGNIFICANCE (M-DNS)

The Whitman County Planning Office issued a Mitigated Determination of Nonsignificance (M-DNS) under the State Environmental Policy Act Rules (Chapter 197-11 WAC) for the following project:

Motley & Motley Inc. proposes to display six mobile home units with landscaping on a 7.4-acre parcel located in the North-Pullman/Moscow Corridor District (N-PMC), adjacent to SR 270 and immediately to the east of the existing Crescent Electric Supply Company building, in the NE 1/4 of the SE 1/4 quarter of section 31 and the SW 1/4 quarter of section 32, Township 15 N, Range 46 E, W.M., Whitman County, Washington.

After review of a completed environmental checklist and other information on file with us, the Planning Office has determined that this proposal will not have a probable significant adverse impact on the environment.

A conditional use public hearing on this proposal is to be arranged at a future date.

Copies of the M-DNS are available at no charge from the Planning Office, Whitman County Public Service Building (2nd Floor), N. 310 Main St., Colfax, WA 99111. The public is invited to submit written and signed environmentally focused comments on this M-DNS no later than 4:00 PM Thursday, February 25, 2010, to Alan Thomson, County Planner, P.O. Box 430, Colfax, WA 99111-0430. Persons requiring ADA accommodation should advise us of that need.

Date: February 9, 2010

Alan L. Thomson

County Planner

20160 6/1c

SUPERIOR COURT OF

WASHINGTON, WHITMAN

COUNTY

Estate of

HAZEL M. JOHNSON

Deceased.

NO. 10-4-00009-2

PROBATE NOTICE TO

CREDITORS

The personal representative named below has been appointed as personal representative of this estate.

Any person having a claim against the deceased 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 file the original of the claim with the court in which probate proceedings were commenced.

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(l)(c); or (2) four months after the date of first publication of the notice.

If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.40.051 and RCW 11.40.060.

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

Date of First Publication: February 11, 2010

Colleen Kay Rose, Personal Representative

Attorney for Personal Representative:

RASMUSSEN WSBA 8720

Theodore F.S. Rasmussen, P.S.

S. 112 Crosby, P.O. Box 724

Tekoa, WA 99033

(509) 284-2332

6/3c

Non-Discrimination Statement

Pioneer Telephone Company is the recipient of Federal financial assistance from the U. S. Department of Agriculture (USDA).

The USDA prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age disability, and where applicable, sex, marital status, familial status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individuals income is derived from any public assistance program.

(Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at (202)720-2600 (voice or TDD).

To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S. W., Washington, D. C. 20250-9410, or call (800) 795-3272 (voice), or (202) 720-6382 (TDD).

"USDA is an equal opportunity provider, employer, and lender."

6/2c

REPORT OF THE PINE CITY CEMETERY ASSOCIATION OF RECEIPTS AND DISBURSEMENTS FROM THE LUCY M. WILEY MEMORIAL FARM

YEAR 2009

Receipts:

Cash on hand –

1/1/2009 $15,024.10

Crop, C.C.C., Dividends 11,604.10

Total Cash and

Receipts $26,628.20

Disbursements

Gas & Chemicals $910.47

Insurance 934.00

Repairs & Maintenance 1,296.05

Supplies 53.44

Taxes 2,764.40

Utilities 1,961.08

Miscellaneous 35.00

Labor 9,000.00

Total Disbursements $16,974.44

6/1c

SUPERIOR COURT OF

WASHINGTON

FOR WHITMAN COUNTY

In the matter of the Estate of,

MARY A. HAUPT,

Deceased.

Case no. 10 4 00005 6

NON-PROBATE NOTICE TO CREDITORS

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 the 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 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 nonprobate assets.

The notice agent declares under penalty of perjury under the laws of the State of Washington on the 20 day of January 2010, that the foregoing is true and correct.

DATE OF FIRST PUBLICATION: February 4, 2010.

NOTICE AGENT:

Barbara M. Meyer

501 Wawawai Road

Colton. WA 99113

Attorney for the Notice Agent:

Eric K. Peterson

Clements, Brown & McNichols, P.A.

321 13th Street, P. 0. Box 1510

Lewiston, ID 83501

Address for Mailing or Service:

Eric K. Peterson

Clements, Brown & McNichols, P.A.

321 131 Street, P. 0. Box 1510

Lewiston, ID 83501

5/3c

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN

IN THE MATTER OF THE ESTATE

OF

VIRGINIA M. BELL,

Deceased.

NO. 10-4-00010-6

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: February 4, 2010

PERSONAL REPRESENTATIVE: LOLA L. AUNE

ATTORNEYS FOR PERSONAL REPRESENTATIVE: 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

5/3c

MEETING CHANGE NOTICE

STEPTOE SEWER DISTRICT #1

Steptoe Sewer District #1 will be changing their meeting night due to the holiday. We will meet Tuesday, February 16th at 6 pm in the Steptoe School Cafeteria.

5/2c

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN

IN THE MATTER OF THE ESTATE

OF

ELDA B. SCHLUNEGER,

Deceased.

NO. 10-4-00004-1

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: January 28, 2010

CO-PERSONAL REPRESENTATIVES:

VICTORIA ANN SCHLUNEGER

SHERRY LORENE COX

ATTORNEY FOR PERSONAL REPRESENTATIVES: WESLEY A. NUXOLL

ADDRESS FOR MAILING OF SERVICE:

P.O. Box 619

North 409 Main Street

Colfax, WA 99111-0619

Telephone: 509-397-4345

4/3c

NOTICE OF DISSOLUTION

Articles of Dissolution of ProManage Investors, Inc., a Washington corporation, were filed with the Washington Secretary of State effective as of December 31, 2009. The dissolution was authorized and duly approved by all of the corporation’s shareholders and directors in accordance with RCW §23B.14.020. Claims against the dissolved corporation may be sent to ProManage Investors, Inc., c/o April Stoltz, Rock Pointe Tower, 316 West Boone Avenue, Suite 660, Spokane, Washington 99201-2353. Claims against the dissolved corporation may be barred in accordance with the provisions of RCW 23B.14 if not timely asserted.

4/3c

Notice of Trustee’s Sale Pursuant To the Revised Code of Washington 61.24, et seq.

On February 19, 2010 at 10:00AM Inside the main lobby of the: Whitman County Courthouse, North 404 Main Street, Colfax, State of Washington, the undersigned Trustee, RECONTRUST COMPANY, N.A., (subject to any conditions imposed by the trustee to protect the lender and borrower) will sell at public auction to the highest and best bidder, payable at time of sale, the following described real property, situated in the county(ies) of Whitman, State of Washington: Tax Parcel ID no .: 109350001010002, 109350001100002, 109350001110000 LOT 11, THE EAST 1 FOOT OF LOT 10, AND THE WEST 3 FEET OF LOT 1, ALL IN BLOCK 1, GLOVER’S ADDITION TO THE CITY OF PULLMAN, ACCORDING TO PLAT THEREOF, RECORDED IN VOLUME H OF PLATS, PAGE 44, RECORDS OF Whitman County, WASHINGTON Commonly Known as: 230 SOUTHEAST DERBY STREET, PULLMAN, WA 99163 which is subject to that certain Deed of Trust dated 07/10/2007, recorded on 07/13/2007, under Auditor’s File No. 680343 and Deed of Trust re-recorded on ___, under Auditor’s File No. __, records of Whitman County, Washington from FRED DON KRACHT AND DEBBIE DARLEEN KRACHT, HUSBAND AND WIFE, as grantor, to PIONEER TITLE, as Trustee, to secure an obligation in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as beneficiary, the beneficial interest in which was assigned by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., under an Assignment/Successive Assignments recorded under Auditor’s File No. 696009.

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 secured by the Deed of Trust.

III. The Beneficiary alleges default of the Deed of Trust for failure to pay the following amounts now in arrears and/or other defaults: A. Monthly Payments $11,508.32 B. Late Charges $177.42 C. Beneficiary Advances $ 44.00 D. Suspense Balance ($135.67) E. Other Fees $ 0.00 Total Arrears $11,594.07 F. Trustee’s Expenses (Itemization) Trustee’s Fee $337.50 Title Report 377.3 Statutory Mailings $21.96 Recording Fees $88.00 Publication $750.00 Posting $200.00 Total Costs $1,774.76 Total Amount Due: $13,368.83 Other potential defaults do not involve payment of the Beneficiary.

If applicable, each of these defaults must also be cured.

Listed below are categories of common defaults, which do not involve payment of money to the Beneficiary.

Opposite each such listed default is a brief description of the action/documentation necessary to cure the default.

The list does not exhaust all possible other defaults; any defaults identified by Beneficiary or Trustee that are not listed below must also be cured.

OTHER DEFAULT ACTION NECESSARY TO CURE Nonpayment of Taxes/Assessments Deliver to Trustee written proof that all taxes and assessments against the property are paid current Default under any senior lien Deliver to Trustee written proof that all senior liens are paid current and that no other defaults exist.

Failure to insure property against hazard Deliver to Trustee written proof that the property is insured against hazard as required by the Deed of Trust.

Waste Cease and desist from committing waste, repair all damage to property and maintain property as required in Deed of Trust.

Unauthorized sale of property (Due on Sale) Revert title to permitted vestee.

IV. The sum owing on the obligation secured by the Deed of Trust is: Principal Balance of $195,759.29, together with interest as provided in the note or other instrument secured from 04/01/2009 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 the 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 02/19/2010.

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 02/08/2010 (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 02/08/2010 (11 days before the sale date), the defaults(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 02/08/2010 (11 days before the sale date), and before the sale by the Borrower, Grantor, and 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): FRED DON KRACHT 13118 328th Ave NE Duvall, WA 98019 FRED DON KRACHT 230 SOUTHEAST DERBY STREET PULLMAN, WA 99163 DEBBIE DARLEEN KRACHT 13118 328th Ave NE Duvall, WA 98019 DEBBIE DARLEEN KRACHT 230 SOUTHEAST DERBY STREET PULLMAN, WA 99163 FRED KRACHT 13118 328th Ave NE Duvall, WA 98019 DEBORAH KRACHT 13118 328th Ave NE Duvall, WA 98019 by both first class and either certified mail, return receipt requested, or registered mail on 07/07/2009, proof of which is in the possession of the Trustee; and on 07/07/2009 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 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 above-described property.

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.

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 and tenants.

After the 20th day following the sale of the purchaser has the right to evict occupants and tenants by summary proceedings under the unlawful detainer act, Chapter 59.12 RCW. DATED: November 17, 2009 RECONTRUST COMPANY, N.A. By: Cheryl Lee Its: Assistant Secretary RECONTRUST COMPANY, N.A. 1800 Tapo Canyon Rd., CA6-914-01-94 SIMI VALLEY, CA 93063 Phone: (800) 281-8219 (TS# 09-0094153) 1006.56023-FEI

3/1c & 6/1c

NOTICE OF TRUSTEE’S SALE

I.

NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 19th day of February, 2010, at the hour of 10:00 o’clock a.m., inside the main lobby of the Whitman County Courthouse, North 400 Main Street, Colfax, Washington 99111, sell at public auction to the highest and best bidder, payable at time of sale, the following described property, situated in the County of Whitman, State of Washington, to-wit:

A parcel of land situated in the southwest quarter of the southwest quarter of Section 6, Township 14 North, Range 45 East, W.M., in Whitman County, Washington, more particularly described as follows:

COMMENCING at the southwest corner of said Section 6; thence north 00°27’33" east along west line of said section a distance of 207.75 feet to the point of beginning, said point also being the northwest corner of Lot 1, Block 5, of Sunnyside Heights Addition No. 3 according to plat thereof on file under Microfilm No. 636490, records of Whitman County; thence continuing along said west line north 00°27’33" east a distance of 727.33 feet to a point on the southeasterly right-of-way line of Center Street (60 feet wide); thence north 46°52’19" east along said right-of-way line a distance of 372.29 feet; thence south 46°35’01" east a distance of 276.73 feet; thence south 44°04’37" west a distance of 275.03 feet; thence south 14°30’52" east a distance of 256.36 feet; thence south 74°19’25" east a distance of 178.77 feet to the northwest corner of Lot 10, Block 5, of said Sunnyside Heights Addition No. 3; thence along said westerly line of said plat the following 3 courses: thence south 22°37’03" west a distance of 182.35 feet to the northwest corner of Lot 8, Block 5, of said plat; thence south 13°21’49" west a distance of 102.63 feet to the northerly corner of Lot 5, Block 5, of said plat; thence south 60°47’15" west a distance of 60.18 feet to the northeast corner of Lot 4, Block 5, of said plat; thence north 90°00’00" west along the north line of said plat a distance of 377.23 feet to the point of beginning;

which is subject to that certain Construction Deed of Trust dated July 19, 2007, recorded August 14, 2007, under Auditor’s File No. 681153, records of Whitman County, Washington, from PULLMAN SENIOR CARE, LLC, as Grantor, to PIONEER TITLE COMPANY OF WASHINGTON, as Trustee, to secure an obligation in favor of BANK OF WHITMAN, as Beneficiary.

II.

No action commenced by the Beneficiary of the Deed of Trust or the Beneficiary’s successor is now pending to seek satisfaction of the obligation in any Court by reason of 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 in arrears:

Principal $13,631,124.71

Accrued Interest through

August 10, 2009$ 78,507.39

Accrued Interest from

August 11, 2009, through

October 30, 2009 $ 245,360.34

Sub-Total of Amounts in

Arrears: $13,954,992.44

IV.

The sum owing on the obligation secured by the Deed of Trust is: Principal Balance of $13,631,124.71, together with interest as provided in the note or other instrument secured from the 19th day of July, 2007, and such other costs and fees as are due under the Notice 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 the 19th day of February, 2010.

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 the 8th day of February, 2010, to cause a discontinuance of the sale.

The sale will be discontinued and terminated if at any time on or before the 8th day of February, 2010, 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 the 8th day of February, 2010, and before the sale by the Grantor or the Grantor’s successor in interest 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.

VI.

A written notice of default was served by the Beneficiary or Trustee to the Grantor or the Grantor’s successor in interest at the following addresses:

NAME AND ADDRESS

Pullman Senior Care Operator, LLC

Pullman Senior Care, LLC

5301 NW Lone Pine Rd.

Terrebonne, OR 97760

by mailing said Notice of Default to the Grantor at the above address by regular first-class mail and by certified mail on August 17, 2009, proof of which is in the possession of the Trustee. The written notice of default was posted in a conspicuous place on the real property described in paragraph I above on August 18, 2009, 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.

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.

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 and tenants. After the 20th day following the sale the purchaser has the right to evict occupants and tenants by summary proceedings under the unlawful detainer act, chapter 59.12 RCW.

Only one copy of all notices required by this chapter need be given to a person who is both the borrower and the grantor. All notices required by this chapter that are given to a general partnership are deemed given to each of its general partners, unless otherwise agreed by the parties.

NOTICE TO GUARANTORS OF A COMMERCIAL LOAN

The guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the trustee’s sale is less than the debt secured by the deed of trust.

The guarantor has the same rights to reinstate the debt, cure the default, or repay the debt as is given to the grantor in order to avoid the Trustee’s sale.

The guarantor will have no right to redeem the property after the Trustee’s sale.

Subject to such longer periods as are provided in the Washington Deed of Trust Act, Chapter 61.24 RCW, any action brought to enforce a guaranty must be commenced within one year after the Trustee’s sale, or the last Trustee’s sale under any deed of trust granted to secure the same debt.

In any action for a deficiency, the guarantor will have the right to establish the fair value of the property as of the date of the Trustee’s sale, less prior liens and encumbrances, and to limit its liability for a deficiency to the difference between the debt.

DATED this 15th day of January, 2010.

LIBEY, ENSLEY & NELSON, PLLC

By: GARY J. LIBEY,

Successor Trustee

WSBA No. 06861

3/1c & 6/1c

 

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