Serving Whitman County since 1877

Legals - May 20, 2010

NOTICE OF DETERMINATION OF NONSIGNIFICANCE (DNS) AND A CONDITIONAL USE HEARING

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

Wired or Wireless, Inc. is proposing to erect a 120 foot tower in order to provide internet service to Malden. The site is located near Malden, WA in Section 13, T. 20 N., R. 42 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.

This project will also be considered for a conditional use permit at a County Zoning Board of Adjustment public hearing set for Thursday, June 3, 2010, at 7:00 PM in the Public Service Building Auditorium, N. 310 Main St., Colfax, WA.

Interested persons may submit written comments regarding the proposed zoning action to the County Planning Office, P. O. Box 430, Colfax, WA 99111-0430, (fax) (509) 397-6210, before 4 p.m., June 3, 2010, or attend the hearing.

Copies of the DNS are available at no charge from the County Planning Office, Whitman County Public Service Building (2nd Floor), Colfax, WA 99111. The public is invited to submit written and signed environmentally-focused comments on the DNS no later than 4:00 PM on Thursday, June 3, 2010, to Iris Mayes, Assistant County Planner, P. O. Box 430, Colfax, WA 99111-0430.

For more information, contact Iris Mayes, Assistant County Planner, at 397-4622. Persons requiring ADA accommodation should advise us of that need.

Iris Mayes

Assistant County Planner

20220 20/1c

NOTICE OF MITIGATED DETERMINATION OF NONSIGNIFICANCE

(M-DNS) AND A CONDITIONAL USE HEARING

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:

Shawnee Rock, Inc. is proposing to open an inert landfill at the Kitzmiller Quarry. The property is located approximately 1/4 of a mile north of Pullman near the intersection of SR 27 and Kitzmiller Road in Section 29, T. 15 N., R. 45 E. W.M., Whitman County, Washington.

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

This project will also be considered for a conditional use permit at a County Zoning Board of Adjustment public hearing set for Thursday, June 3, 2010, at 7:00 PM in the Public Service Building Auditorium, N. 310 Main St., Colfax, WA.

Interested persons may submit written comments regarding the proposed zoning action to the County Planning Office, P. O. Box 430, Colfax, WA 99111-0430, (fax) (509) 397-6210, before 4 p.m., June 3, 2010, or attend the hearing.

Copies of the M-DNS are available at no charge from the County Planning Office, Whitman County Public Service Building (2nd Floor), Colfax, WA 99111. The public is invited to submit written and signed environmentally-focused comments on the M-DNS no later than 4:00 PM on Thursday, June 3, 2010, to Iris Mayes, Assistant County Planner, P. O. Box 430, Colfax, WA 99111-0430.

For more information, contact Iris Mayes, Assistant County Planner, at 397-5209. Persons requiring ADA accommodation should advise us of that need.

Iris Mayes

Assistant County Planner

20221 20/1c

NOTICE OF ROAD CLOSURE

NOTICE IS HEREBY GIVEN that the following Whitman County roads/bridges will be closed to vehicular traffic for bridge replacement, pursuant to R.C.W. 47.48.01, for the time periods specified below:

County Road No. 2400, the Elberton Road at milepost 1.35, beginning June 1, 2010 through July 16, 2010 or until completion of the Curtis Bridge Replacement.

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

GIVEN under my hand this 17th day of May, 2010.

Maribeth Becker, CMC, Clerk of the Board

20218 20/1c

NOTICE OF MEETING

Whitman County BOARD OF EQUALIZATION

Notice is hereby given that the County Board of Equalization will convene at 10:45 a.m.

on July 19, 2010, in the Whitman County Commissioners’ Chambers, 400 N. Main Street, Colfax, Washington, and will continue in session and adjourn from time to time for a period of not less than three (3) days, and not to exceed twenty-eight (28) days.

Meetings will be held on August 2, August 16, and August 30, 2010 and at other times as required, to publicly examine and equalize the assessments extended in the current year on the taxable property of said county, for taxes to be levied in the year 2011, and to correct all errors in valuation, description or qualities of property assessed by the assessor.

The owner or agent of any taxable property who feels there are inequities in their assessment or exemptions may file a petition and appear before the board at the time and place appointed.

Appeal forms may be acquired from the Whitman County Commissioners’ Office, at 400 N. Main Street, Colfax, WA, 99111.

Dated this 17th day of May 2010.

Maribeth Becker, Clerk, Board of Equalization, County of Whitman, Washington

19320 20/1c

NOTICE OF CHANGE OF MEETINGS

The Port of Whitman County has changed the date for its first meeting in June; June 3, 2010. The meeting schedule has been changed to June 8, 2010. The meeting 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.

20/1c

NOTICE: ANNOUNCEMENT OF AVAILABILITY OF DRAFT PERMIT

PERMIT NO .: ST-5345

APPLICANT: Town of LaCrosse

P.O. Box 228

LaCrosse, WA 99143

FACILITY: Town of LaCrosse Wastewater Treatment Facility

Wiedrich Road

LaCrosse, WA 99143

The Town of LaCrosse has applied for the renewal of its State Waste Discharge Permit in accordance with the provisions of Chapter 90.48 Revised Code of Washington (RCW) and Chapter 173-216 Washington Administrative Code (WAC).

The town presently owns or operates a sanitary wastewater treatment plant which is designed to handle a maximum daily flow of 98,000 gallons per day. The wastewater, following treatment, must meet the requirements of the Washington State Water Pollution Control Act and applicable regulations for a permit to be issued.

Following the evaluation of the application and other available information, a draft permit has been developed which would allow the discharge of treated sanitary wastewater from a lined lagoon to a vegetated infiltration basin.

A tentative determination has been made on the effluent limitations and special permit conditions that will prevent and control pollution. A final determination will not be made until all timely comments received in response to this notice have been evaluated.

PUBLIC COMMENT AND INFORMATION

The draft permit and fact sheet may be viewed at the Department of Ecology (Department) website at http://www.ecy.wa.gov/programs/wq/permits/eastern_permits.html. The application, fact sheet, proposed permit, and other related documents are also available at the Department’s Eastern Regional Office for inspection and copying between the hours of 8:00 a.m. and 5:00 p.m., weekdays. To obtain a copy or to arrange to view copies please call the Permit Coordinator at (509) 329-3455, e-mail stra461@ecy.wa.gov or write to the address below.

Interested persons are invited to submit written comments regarding the proposed permit. All comments must be submitted within 30 days after publication of this notice to be considered for the final determination. Comments must be received by our office no later than June 21, 2010. Comments should be sent to:

Water Quality Permit Coordinator

Department of Ecology

4601 N. Monroe Street

Spokane, WA 99205

Any interested party may request a public hearing on the proposed permit within 30 days of the publication date of this notice. The request for a hearing shall state the interest of the party and the reasons why a hearing is necessary. The request should be sent to the above address. The Department will hold a hearing if it determines that there is significant public interest. If a hearing is to be held, public notice will be published at least 30 days in advance of the hearing date. Any party responding to this notice with comments will be mailed a copy of a hearing public notice.

Please bring this public notice to the attention of persons who you know would be interested in this matter. Ecology is an equal opportunity agency. If you need this publication in an alternate format, please contact us at (509) 329-3455 or TTY (for the speech and hearing impaired) at 711 or 1-800-833-6388.

20/1c

NOTICE: ANNOUNCEMENT OF AVAILABILITY OF DRAFT PERMIT

PERMIT NO .: WA-002317-5

APPLICANT: Town of Colton

P.O. Box 157

Colton, WA 99113

FACILITY: Colton Wastewater Treatment Plant

The Town of Colton has applied for a National Pollutant Discharge Elimination System (NPDES) permit in accordance with the provisions of Chapter 90.48 Revised Code of Washington (RCW), Chapter 173-220 Washington Administrative Code (WAC), and the Federal Clean Water Act.

The Town presently owns or operates a municipal wastewater treatment plant which discharges wastewater to three facultative lagoons and then on to Union Flat Creek. The Town is designed to handle an average daily flow of .066 million gallons per day. The wastewater, following treatment, must meet the requirements of the Washington State Water Pollution Control Act and applicable regulations for a permit to be issued.

Following evaluation of the application and other available information, a draft permit has been developed which would allow the discharge of treated and disinfected effluent from the plant to Union Flat Creek.

A tentative determination has been made on the effluent limitations and special permit conditions that will prevent and control pollution. A final determination will not be made until all timely comments received in response to this notice have been evaluated.

PUBLIC COMMENT AND INFORMATION

The draft permit and fact sheet may be viewed at the Department of Ecology (Department) website at http://www.ecy.wa.gov/programs/wq/permits/eastern_permits.html. The application, fact sheet, proposed permit, and other related documents are also available at the Department’s Eastern Regional Office for inspection and copying between the hours of 8:00 a.m. and 5:00 p.m., weekdays. To obtain a copy or to arrange to view copies please contact the Permit Coordinator at (509) 329-3455, by e-mail at stra461@ecy.wa.gov or by writing to the address below.

Interested persons are invited to submit written comments regarding the proposed permit. All comments must be submitted within 30 days after publication of this notice to be considered for the final determination. Comments should be received by our office by June 21, 2010. Please send comments to:

Permit Coordinator

Department of Ecology

4601 N. Monroe Street

Spokane, WA 99205

Any interested party may request a public hearing on the proposed permit within 30 days of the publication date of this notice. The request for a hearing shall state the interest of the party and the reasons why a hearing is necessary. The request should be sent to the above address. The Department will hold a hearing if it determines that there is significant public interest. If a hearing is to be held, public notice will be published at least 30 days in advance of the hearing date. Any party responding to this notice with comments will be mailed a copy of a hearing public notice.

Please bring this public notice to the attention of persons who you know would be interested in this matter. Ecology is an equal opportunity agency. If you need this publication in an alternate format, please contact us at (509) 329-3455 or TTY (for the speech and hearing impaired) at 711 or 1-800-833-6388.

20/1c

LEGAL NOTICE

INLAND POWER & LIGHT

COMPANY

It is the intent of Inland Power & Light Company to retire an aerial electric distribution line located in the N 1/2 of Section 18, Township 18N, Range 44EWM, the S 1/2 and SE 1/4 of Section 07, Township 18N, Range 44EWM, the SW 1/4 of Section 08, Township 18N, Range 44EWM, and the NW 1/4 of Section 13, Township 18N, Range 43EWM of Whitman County. The line is further identified as Inland Power’s C-179 line that is near Ripley Road. The line to be removed is approx. two miles. If you have questions regarding the retirement of this line, please call Glen Best at Inland Power & Light 509-747-7151 Ext. 275.

20/1c

PUBLIC HEARING

There will be a public hearing on June 8, 2010, at 7:30 pm at City Hall. The purpose of the hearing is for the Six Year Transportation Improvement Program for the years 2011 - 2015. Those in attendance will be able to speak for or against the Program.

Also, on June 8, 2010, at 7:3 0 pm at City Hall there will be a public hearing on the Water Efficiency Use Goals prepared by the Town for the Department of Health. Those in attendance will be able to speak for or against the Goals.

Georgeann Bafus

Clerk-Treasurer

20/1c

REQUEST FOR BID

Bids for labor and incidental materials for the installation of an owner provided low slope steel roof system on the roof area known as "Elementary School" at Oakesdale School District #324 are requested. A pre-bid meeting will be held on May 24, 2010 at 10:00 am at the Elementary School located at 1st and McCoy Streets, Oakesdale, Washington. Bids are due on May 28, 2010 at 2:00 pm. For information or to request specifications please contact Dr. Jake Dingman, Superintendent, Oakesdale School District #324, (509) 285-5296.

20/1c

NOTICE OF ABANDONMENT

The Bethel Cemetery is stating that the following unused spaces are subject to forfeiture and sale by the Cemetery Association, to provide care, if the owner thereof fails within five years from said date to provide care for the same or to contract for the perpetual care.

LAFYETTE

ELDER - Section 1 – Lot 40

Spaces 5, 6, 7

BETHEL CEMETERY ASSOCIATION

Lavonne Hall Sec/Treas

PO Box 76

Steptoe, WA 99174

20/3c

ORDINANCE # 357 2010-05

An Ordinance ESTABLISHING THE lacrosse, Washington, Critical Areas Relating to the Identification, Classification and Regulation of Critical Areas

PASSED by the Town Council this 13th day of May, 2010.

A copy of the complete ordinance may be obtained from the Town Clerk’s office

during normal business hours.

Larry Burgess

Mayor

Angela Broeckel

Clerk-Treasurer

20/1c

ORDINANCE NO. 359 2010-05

AN ORDINANCE OF THE TOWN OF LACROSSE, Whitman County, WASHINGTON, PROVIDING FOR THE LACROSSE FIRE DEPARTMENT; REPEALING ALL PRIOR ORDINANCES, RESOLUTIONS, LAWS, AND REGULATIONS RELATING TO THE LACROSSE FIRE DEPARTMENT; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.

PASSED by the Town Council this 13th day of May, 2010.

A copy of the complete ordinance may be obtained from the Town Clerk’s office

during normal business hours.

Larry Burgess

Mayor

la Broeckel

Clerk-Treasurer

20/1c

ORDINANCE NO. 328

AN ORDINANCE OF THE TOWN OF Endicott, WASHINGTON, amending Ordinance Nos. 248 and 308, and Endicott Municipal Code §6.08.115, and adopting Endicott Municipal Code §6.08.145, thereby requiring a kennel license for more than two dogs, and establishing penalties for violation of Endicott Municipal Code Chapter 6.08.

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

Section 1. Endicott Municipal Code §6.08.115 and those portions of Ordinance

Nos. 248 and 308 which are codified as Endicott Municipal Code §6.08.115, are hereby amended to read as follows,

"6-08, 115 - Limitation on number of dogs per household. It shall be unlawful for any one person, persons, or any combination thereof in any one household, to harbor, possess, own, care for, or control more than two dogs unless the person or persons holds a current, valid kennel license for more than two dogs in such household."

Section 2. There is hereby adopted as Endicott Municipal Code §6.08.145 the following:

"6.08.146 - Penalties - - Suspension of license - -Reinstatement of license. A. Upon receipt by the Town of a signed, verified written complaint alleging a first time violation by the owner or keeper of a dog of any provisions of this chapter, the owner or keeper shall be issued a written warning. The warning shall describe the alleged violation, and shall notify the recipient that any subsequent violation of any provisions of this chapter may subject the owner or keeper to the penalties set forth in Subsection B, below. The warning shall be issued by the Town’s animal control or code enforcement officer, law enforcement officer, Mayor or Town Clerk.

B. Upon conviction by an owner or keeper of a dog following a second signed and verified written complaint alleging a violation by such owner or keeper of any provisions of this chapter. the following penalties shall be imposed:

First conviction: a fine of not less than $50.00 nor more than $500.00, This penalty shall be in addition to any impound or redemption fees provided under §6.08.120, above.

Second conviction: the subject dog or dogs shall be removed permanently from the Town and, if the offender holds a kennel license, the license shall be suspended.

C. If a kennel license is suspended upon a second conviction as provided above, the holder may apply for reinstatement of the license not sooner than two years following the date of conviction. The license shall then be reinstated by the Town Council if the Council is satisfied that the holder is unlikely to re-offend, and upon the payment by the holder of a $35.00 reinstatement fee."

Section 3. This ordinance shall be in full force and effect five days after it or a summary thereof, is published in the official newspaper of the Town of Endicott as required by law.

ADOPTED this 11 day of May, 2010, by the Town Council of the Town of Endicott.

APPROVED:

Verne Strader, Mayor

ATTEST:

Georgeann Bafus, Clerk

Approved as to form:

Stephen Bishop, Town Attorney

20/1c

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN

IN THE MATTER OF THE ESTATE

OF

STANLEY F. BOTHMAN, Deceased.

NO. 10-4-00051-3

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: MAY 13, 2010

PERSONAL REPRESENTATIVE: DOROTHY L. BOTHMAN

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

19/3c

SUPERIOR COURT OF

WASHINGTON FOR WHITMAN COUNTY

IN THE MATTER OF THE ESTATE

OF

MARGARET J. HATLEY,

Deceased.

No. 10-4-00046-7

NOTICE TO CREDITORS

The Co-Personal Representatives named below have been appointed and have qualified as Co-Personal Representatives 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 Co-Personal Representatives 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: April 28 2010

DATE OF FIRST PUBLICATION: May 6 2010

Elisa Flach and Kristine Alvarez,

Co-Personal Representatives

c/o Timothy Esser, Esser & Sandberg, PLLC

Attorneys for Estate

520 East Main Street

Pullman, WA 99163

(509) 332-7692

18/3c

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF WHITMAN

IN THE MATTER OF THE ESTATE

OF

FRANCES I. SHINDLER,

Deceased.

NO. 10-4-00048-3

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: MAY 6, 2010

PERSONAL REPRESENTATIVE: KAREN F. ROCKNESS

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

18/3c

AFTER RECORDING RETURN TO: Bishop, White & Marshall., P.S. 720 Olive Way, Suite 1301 Seattle, WA 981 Of (206) 62-2-7527 Ref- Nelson, Jesse A. and Kim, 052.1002411

Reference Number(s) of Documents assigned or released: 680128

Grantor: Bishop, While & Marshall, P.S.

Grantee: Jesse A Nelson- and Kim Nelson, husband and wife

Abbreviated Legal Description as Follows: Ptn Lot 6. Blk 35, Hall’s 4th Sub.

Assessor’s Property Tax Parcel/Account Number(s): 1-0965-00-35-06-0002

WE ARE A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

NOTICE OF TRUSTEE’S SALE

I

NOTICE IS HEREBY GIVEN that the undersigned Bishop, White & Marshall, P.S. will on June 18, 20 10 at 10:00 am at the main entrance of the Whitman County Courthouse, 400 Main Street, in the City of Colfax located at Whitman County, State of Washington, sell at public auction to the highest bidder, payable.. in the form of cash, or cashier’s check or certified checks from federally or State chartered banks, at the time of’ sale, the following described real property, situated in Whitman County, State of Washington, to-wit-,

Lot 6, Block -1-5. Hall’s Fourth Addition to Pullman, according to the Plat thereof recorded under Auditor’s Recording No. 392960, record of Whitman County, Washington. Except the East 5 feet thereof.

which is subject to that certain Deed of Trust dated June 29, 2007. recorded July 3. 2007, under Auditor’s File No. 680128 records of Whitman County, Washington, from Jesse A Nelson, and Kim Nelson, husband and wife. as Grantor, to Whitman County Title and Escrow, Inc., as Trustee, to secure an obligation in favor of’ Navy Federal Credit Union as beneficiary. The sale will be made without any warranty concerning the title to, or the condition of the property.

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 default oil the obligation Secured by the Deed of Trust.

III

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

i) Failure to pay the following amounts, now in arrears:

Delinquent Monthly Payments Due from 10/1/2009 through 3/1/2010:

6 payment(s) at $1380.53

Total: $8,283.18

Late Charges:

3 late charge(s) at $43.15

Total Late Charges $129.45

Lender’s Other Fees $15.00

TOTAL DEFAULT $8,427.63

IV

The sum owing on the obligation secured by the Deed of Trust is: $184,271.41, together with interest from September 1, 2010 as provided in the note or other instrument, and such other costs and fees as are due under the note or other instrument secured, and as are provided by statute.

V

The above described real property will be sold to satisfy the expense of sale and the obligation secured by the Deed of Trust as provided by statute.

The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on June 18, 2010.

The payments, late charges, or other defaults must be cured by June 7, 2 0 10 (11 days before the sale date) to cause a discontinuance of the sale.

The sale will be discontinued and terminated if at ally time on or before June 7, 2010 (11 days before the sale date) the default(s) as set forth in paragraph 111, together with any subsequent payments, late charges, or other defaults, is/are cured and the Trustee’s fees and costs are paid.

Payment must be In cash or with cashier’s or certified checks from a State or federally chartered bank.

The sale may be terminated any time after June 7, 2010 (11 days before the sale date), and before the sale by the Borrower, Grantor, any Guarantor, or the holder of any recorded junior lien or encumbrance paying the entire principal and interest secured by the Deed of Trust, plus costs, fees, and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust, arid curing all other defaults.

VI

A written notice of default was transmitted by the beneficiary or Trustee to the Borrower and Grantor at the following address(es):

See ‘Mailing List’ attached hereto and incorporated herein by this reference.

by both first class and certified mail on February 10, 2010, proof of which is in the possession of the Trustee, and the Borrower and Grantor were personally served on February 11, 2010, with said written notice of default or the written notice of default was posted in 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 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 objections to this sale on any grounds whatsoever will be afforded an opportunity to be beard 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.

NOTICE TO ALL PERSONS AND PARTIES WHO ARE GUARANTORS OF THE OBLIGATIONS SECURED BY THIS DEED OF TRUST: (1) 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; (2) 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; (3) The Guarantor will have no right to redeem the property after the Trustee’s Sale; (4) 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; and (5) 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 and the greater of such fair value or the sale price paid at the Trustee’s Sale, plus interest and costs.

EFFECTIVE DATE: March 17, 2010

BISHOP, WHITE & MARSHALL, P.S. Successor Trustee

BY:

William L. Bishop, Jr.

720 Olive Way. Suite 1301

Seattle., WA 98101

(206) 622-7527

State of Washington

) ss.

County of King

On this 16 day of March, 2010, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared the above named person, to me known to be an Officer of Bishop, White & Marshall, P.S., the corporation that executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath states that they are authorized to execute the said instrument.

WITNESS rny hand and official seal hereto affixed the day and year first above written.

Name: Lenore E. Welsh

NOTARY PUBLIC in and for the State of Washington at King County

My Appt. Exp: 9/26/11

‘Mailing List’

Jesse A. Nelson

135 NW Thomas Street

Pullman, WA 99163

Kim Nelson

135 NW Thomas Street

Pullman, WA 99163

20/1c & 23/1c

File No .: 7023.71063 Grantors: Northwest Trustee Services, Inc. Wells Fargo Bank, NA Grantee: Paul A. Morgan and Vicki L. Morgan, husband and wife Tax Parcel ID No .: 1-1575-00-1706-0002 Abbreviated Legal: Notice of Trustee’s Sale Pursuant to the Revised Code of Washington 61.24, et seq.

I. On June 18, 2010, 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: Lot 7, and the South half of Lot 6, Block 17, Town of Rosalia, according to Plat thereof, recorded in Book A of Plats, Page 120, Records of Whitman County, Washington.

1979, Guerdon Ind, Great Lakes, GDBOID40792891A and GDBOID40792891B, 52X42 MFG Home Serial #: GDBOID40792891A Commonly known as: 119 EAST 7TH STREET Rosalia, WA 99170 which is subject to that certain Deed of Trust dated 04/03/06, recorded on 04/06/06, under Auditor’s File No. 670369, records of Whitman County, Washington, from Paul A Morgan and Vicki L Morgan husband and wife, as Grantor, to Northwest Trustee Services, LLC, as Trustee, to secure an obligation "Obligation" in favor of Wells Fargo Bank, N.A., as Beneficiary.

*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 3/19/2010 Monthly Payments $4,151.34 Late Charges $166.08 Lender’s Fees & Costs $30.57 Total Arrearage $4,347.99 Trustee’s Expenses (Itemization) Trustee’s Fee $543.75 Title Report $539.00 Statutory Mailings $9.56 Recording Costs $17.00 Postings $70.00 Total Costs $1,179.31 Total Amount Due: $5,527.30 Other known defaults as follows: IV. The sum owing on the Obligation is: Principal Balance of $79,057.91, together with interest as provided in the note or other instrument evidencing the Obligation from 09/01/09, 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 June 18, 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 06/07/10 (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 06/07/10 (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 06/07/10 (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 PAUL A MORGAN 119 EAST 7TH STREET Rosalia, WA 99170 VICKI L MORGAN 119 EAST 7TH STREET Rosalia, WA 99170 by both first class and either certified mail, return receipt requested on 02/15/10, proof of which is in the possession of the Trustee; and on 02/16/10 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: 3/19/2010 Northwest Trustee Services, Inc., Trustee Authorized Signature P.O. BOX 997 Bellevue, WA 98009-0997 Contact: Heather L. Smith (425) 586-1900.

(TS# 7023.71063) 1002.146931-FEI

20/1c & 23/1

 

Reader Comments(0)