Serving Whitman County since 1877

Legals Aug. 11

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN

that the Board of County Commissioners of Whitman County, Washington will meet in its office in the Whitman County Commissioners’ Chambers, in the Courthouse in Colfax, Washington on Tuesday, the 15th day of August 2016, at the hour of 11:00 a.m. for the purpose of considering an Amendment to Whitman County’s Six-Year Road Program (2016 – 2021), at which time and place any taxpayer may appear and be heard for or against said program.

Handicap access for the Whitman County Courthouse is available at the Mill Street entrance.

BY ORDER OF THE BOARD OF Whitman County COMMISSIONERS.

GIVEN under my hand this 1st day of August, 2016.

Maribeth Becker, CMC, Clerk of the Board 31/2

NOTICE OF HEARING

NOTICE IS HEREBY GIVEN

that the Whitman County Commissioners will conduct a public hearing on Monday, August 15, 2016 at 11:15 a.m. in their Chambers located in the Whitman County Courthouse, 400 N Main Street, Colfax, Washington.

The purpose of the hearing is to receive public comment for proposed revisions to the Whitman County Zoning Code, Title 19 as follows:

19.03-Definitions

19.10-Agricultural District

19.15-North Pullman-Moscow Corridor District

19.16-South Pullman-Moscow Corridor District

19.20-Heavy Commercial District

19.30-Light Industrial District

19.31-Heavy Industrial District

For additional information regarding this proposal, contact Alan Thomson, Whitman County Planner at 397-5211.

Persons requiring ADA accommodations should advise us of that need and providing 24 hour notice by calling 509-397-5240. Handicap accessibility is available using the east entrance (Mill Street) to the Courthouse.

Maribeth Becker, CMC, Clerk of the Board 31/2

SUPERIOR COURT

OF WASHINGTON

IN AND FOR WHITMAN COUNTY

In the Matter of the Estate of:

OSCAR BROECKEL,

Deceased.

Case No .: 16 4 00085 7

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 persons having claims against the deceased must, before the time such 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 in which the probate proceedings were commenced.

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 (1)(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 11.40.060.

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

DATE OF FIRST PUBLICATION: July 28, 2016

/s/ BRIAN D. BROECKEL

BRIAN D. BROECKEL, Co-Personal Representative of the Estate of Oscar Broeckel, Deceased

Address: 2362 Green Spot Road

LaCrosse, WA 99143

/s/ DOREEN M. RIEDNER

DOREEN M. RIEDNER, Co-Personal Representative of the Estate of Oscar Broeckel, Deceased

Address: 401 Musgrave Road

Colfax, WA 99111

AITKEN, SCHAUBLE, PATRICK,

NEILL & SCHAUBLE

Howard M. Neill, WSBA #5296

Attorneys for Estate

P.O. Box 307

Pullman, WA 99163

(509) 334-3505 30/3

SUPERIOR COURT

OF WASHINGTON

IN AND FOR WHITMAN COUNTY

In the Matter of the Estate of:

JAMES C. COLLIER,

Deceased.

Case No .: 16 4 00088 1

PROBATE NOTICE

TO CREDITORS

RCW 11.40.030

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

Any persons having claims against the deceased must, before the time such 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 in which the 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 (1)(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 11.40.060.

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

DATE OF FIRST PUBLICATION: August 4, 2016

/s/ Jayne Reynolds

JAYNE REYNOLDS,

Personal Representative of the Estate of JAMES C. COLLIER, Deceased

Address: 708 N. Clay Street, Colfax, WA. 99111

AITKEN, SCHAUBLE, PATRICK, NEILL & SCHAUBLE

Linda M. Schauble, WSBA #014707

Attorneys for Estate

P.O. Box 307, Pullman, WA 99163

(509) 334-3505 31/3

PLEASE TAKE NOTICE

that a public sale of the personal property, including mobile home, located at 605 NW Fisk, Lot #26, Pullman, WA 99163, will take place on September 5, 2016, at 9:00 a.m. at the following address:

Sevdy’s Trailer Court

605 NW Fisk, Lot #26

Pullman, WA 99163

The landlord will accept any commercially reasonable offer for such property, payable in cash only, and the proceeds of such sale shall be applied to reasonable expenses including unpaid rent pursuant to RCW 60.10.030. If such property be removed from the rented premises, the lien shall continue and be a superior lien on the property so removed, and the lien may be enforced against the property wherever found. In the event the property contained in the rented premises be destroyed, the lien shall extend to any money that may be received by you as indemnity for the destruction of the property.

Law Office of Eric M. Steven, P.S. 1403 W. Boone Ave., Spokane, WA 99201 32/4

SUPERIOR COURT

OF WASHINGTON

IN AND FOR WHITMAN COUNTY

In the Matter of the Estate of:

VIRGINIA M. REPP,

Deceased.

Case No .: 16 4 00094 6

PROBATE NOTICE

TO CREDITORS

RCW 11.40.030

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

Any persons having claims against the deceased must, before the time such 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 in which the 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 (1)(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 11.40.060.

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

DATE OF FIRST PUBLICATION: August 11, 2016

/s/ ROBERT D. REPP

ROBERT D. REPP, Personal representative of the Estate of Virginia M. Repp, Deceased

Address: 1609 N. Riverside Lane

Colfax, WA 99111

AITKEN, SCHAUBLE, PATRICK,

NEILL & SCHAUBLE

Howard M. Neill, WSBA #5296

Attorneys for Estate

P.O. Box 307

Pullman, WA 99163

(509) 334-3505 32/3

CALL FOR FUEL BIDS

Colfax School District No. 300 is accepting bids for fuel for the 2016/2017 and 2017/2018 school years.

Approximately 2,000 gallons gasoline and 25,000 gallons diesel will be used in each of the two years.

Fuel must be obtainable at a local cardlock facility 24 hours a day.

The facility must offer safe access to and from street or highway.

Bid must be presented in "Margin Over Rack" detail.

All pricing must include applicable state tax and exclude federal excise tax.

Please specify octane level and fuel composition.

Mail or deliver bids to Colfax School District, 1207 N Morton St., Colfax, WA 99111.

Bids must be received by 11:00 a.m., Monday, August 22, 2016.

Mark envelope "Fuel Bid." Bids will be awarded at the August 22, 2016, school board meeting at 7:00 p.m.

at the district board room.

The Board of Directors reserves the right to reject any or all bids in the best interest of the Colfax School District.

Call the Business Manager at (509) 397-3042 for more information.

32/2

CALL FOR DAIRY BIDS

Colfax School District No. 300 is accepting dairy bids for the 2016/17 and 2017/18 school years. Call the district office at (509) 397-3042 for more information or to request an official bid form. Bids must be received no later than 11 a.m. on Monday, August 22, 2016. Bids will be awarded August 22, 2016 at the regular board meeting. The Colfax Board of Directors reserves the right to reject any or all bids. 32/2

Call for Vendors

Whitman County Fire District #12 hereby calls for vendors who wish to be placed on the vendor list for District purchasing of materials, equipment, supplies or services in amounts of $10,000 to $50,000 in accordance with the provisions of RCW 39.04.190. For additional information and procedures, contact Fire Chief Lester Erwin of Whitman County Fire District #12, 912 W Main St, Pullman, WA 99163; (509) 334-1715 or (509) 338-7204; [email protected]. 32/1

Small Works, Vendor and Consultant Roster

The Town of Fairfield, Town of Latah, Town of Rockford, Town of Waverly and City of Tekoa have signed an interlocal agreement for the Small Works/Vendor and Consultant roster.

They solicit any licensed contractor, vendor or consultant desiring to perform work or services for any or all of the above listed towns and cities.

Projects may include work or equipment for the town/city's sewer, water, street or bridge facilities, or any other project or services as required by the town/city.

Design, plans, specifications and services during construction for street and utility improvements may include those funded TIB, WSDOT, STP, CMAO, and USDA, CDBG, DWSRF, PWTF, SIED, DOE, DOH, IHS, and other Federal, State , County and local funds.

The Town of Fairfield, Town of Latah, Town of Rockford, Town of Waverly and the City of Tekoa are equal opportunity and affirmative action employers. Minority and women-owned firms are encouraged to submit qualifications.

Call the City of Tekoa at 284-3861 to request an application.

Kynda Browning, Clerk/Treasurer, City of Tekoa 32/2

NOTICE: ANNOUNCEMENT

OF AVAILABILITY OF

DRAFT PERMIT MODIFICATION

PERMIT NO .: WA0021229

APPLICANT:

Town of St. John (St. John)

E. 1 Front Street

PO Box 298

St. John, WA 99171

FACILITY: Town of St. John Wastewater Treatment Plant

402 W. Front Street,

St. John, WA 99171

The Department of Ecology (Ecology) is making a National Pollutant Discharge Elimination System (NPDES) permit modification 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.

Ecology is proposing to remove the receiving flow monitoring requirement from permit section S2.A (2) of St. Johns NPDES permit. Ecology is issuing a draft amended permit and fact sheet amendment and is only accepting comments on the modified portions.

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. 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 https://fortress.wa.gov/ecy/wqreports/public/f?p=110:302:1427863961971654::NO:RP. 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 (509) 329-3400 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 should be received by our office no later than September 10, 2016:

Ms. Kim Prisock

Water Quality Program

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) 329-3400 or TTY (for the speech and hearing impaired) at 711 or 1-800-833-6388. 32/1

Motley Motley, Inc, 6901 State Route 270 Pullman, WA 99163,

is seeking coverage under the Washington State Department of Ecology’s Construction Stormwater NPDES and State Waste Discharge General Permit.

The proposed project, Fill Lot E JJ Steibick AG AC#2, is located at within Section 28, Township 15 North, Range 45 East. Located .67 miles south of Kitzmiller Road west of Eagle Lane in Whitman County. This project involves 12 acres of Agricultural land to be filled clay and topsoil for agricultural activities.

The receiving waterbody is Missouri Flat Creek. Any persons desiring to present their views to the Washington State Department of Ecology regarding this application, or interested in Ecology’s action on this application, may notify Ecology in writing no later than 30 days of the last date of publication of this notice. Ecology reviews public comments and considers whether discharges from this project would cause a measurable change in receiving water quality, and, if so, whether the project is necessary and in the overriding public interest according to Tier II antidegradation requirements under WAC 173-201A-320.

Comments can be submitted to: Department of Ecology Attn:

Water Quality Program, Construction Stormwater

P.O. Box 47696, Olympia, WA 98504-7696 32/2

A board seat on the Whitman Conservation District is available

for appointment by the Washington State Conservation Commission. Conservation District board supervisors are public officials who serve without compensation and set policy and direction for the conservation district. An applicant must be a registered voted in Washington State and may be required to own land or operate a farm. Applicants for appointed positions do not have to live within the district to apply. To obtain and submit an application form, please visit the Conservation Commission website at http:/www.scc.wa.gov/ All applications and supporting materials must be received by the Commission no later than August 29, 2016. 31/3

SUPERIOR COURT

OF WASHINGTON,

WHITMAN COUNTY

Estate of

MARGARET R. SMITH,

Deceased.

NO. 15-4-00106-5

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(1)(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: July 28, 2016

Kenneth J. Smith, Personal Representative

Attorney for Personal Representatives:

______/s/____________________

LYDIA R. ANDERSON

WSBA 47598

Theodore F.S. Rasmussen, P.S.

S. 112 Crosby, P.O. Box 724,

Tekoa, WA 99033

(509) 284-2332

Court of Probate Proceedings:

Whitman County Superior Court

Cause No .: 15-4-00106-5 30/3

NOTICE OF TRUSTEE'S SALE Pursuant to the Revised Code of Washington 61.24, et seq.

TS No .: WA-16-703627-SW APN No .: 104250005020000 / 104250005030000 Title Order No .: 160041949-WA-MSO Deed of Trust Grantor(s): LIA J. BERG, AN UNMARRIED INDIVIDUAL Deed of Trust Grantee(s): BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCIATION Deed of Trust Instrument/Reference No .: 692411 I. NOTICE IS HEREBY GIVEN that Quality Loan Service Corp. of Washington, the undersigned Trustee, will on 9/9/2016 , at 10:00 AM at the main entrance to the Whitman County Courthouse, N 400 Main, Colfax, WA sell at public auction to the highest and best bidder, payable in the form of credit bid or cash bid in the form of cashier’s check or certified checks from Federally or State chartered banks, at the time of sale the following described real property, situated in the County of WHITMAN , State of Washington , to-wit: LOTS 2 AND 3, BLOCK 5, SANTFORD A. MANRING'S ADDITION TO GARFIELD, ACCORDING TO THE PLAT THEREOF IN VOLUME F OF PLATS, PAGE(S) 24, RECORDS OF Whitman County, WASHINGTON. More commonly known as: 903 W SPOKANE ST, GARFIELD, WA 99130 which is subject to that certain Deed of Trust dated 4/23/2009 , recorded 4/28/2009 , under 692411 records of Whitman County, Washington, from LIA J. BERG, AN UNMARRIED INDIVIDUAL , as Grantor(s), to NORTHWEST TRUSTEE SERVICES, INC , as Trustee, to secure an obligation in favor of BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCIATION , as Beneficiary, the beneficial interest in which was assigned by BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCIATION (or by its successors-in-interest and/or assigns, if any), to Nationstar Mortgage LLC d/b/a Champion Mortgage Company .

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 Borrower’s or Grantor's default on the obligation secured by the Deed of Trust/Mortgage.

III. The default(s) for which this foreclosure is made is/are as follows: BORROWER(S) FAILED TO PAY PROPERTY TAXES PRIOR TO THE DELINQUENCY DATE IN VIOLATION OF THE TERMS OF BORROWER(S)' HOME EQUITY CONVERSION MORTGAGE IV. The total sum owing on the obligation secured by the Deed of Trust is: the principal sum of $165,907.85 , together with interest as provided in the Note, Deed of Trust, or other instrument secured from 11/23/2015 on, and such other costs, fees, and charges as are due under the Note, Deed of Trust, 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.

Said sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on 9/9/2016 .

The default(s) referred to in Paragraph III must be cured before this sale date (if curable) to cause a discontinuance of the sale.

The sale will be discontinued and terminated if the default as set forth in Paragraph III is cured.

For monetary defaults, payments must be in cash or with cashiers or certified checks from a State or Federally chartered bank.

The sale may also be terminated any time before the sale date set forth in this Paragraph if the Borrower, Grantor or holder of any recorded junior lien or encumbrance pays the entire principal and interest, plus costs, charges, fees and advances, if any, made pursuant to the terms of the Note, Deed of Trust and/or other instrument secured, and cures 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): NAME LIA J. BERG ADDRESS 903 W SPOKANE ST, GARFIELD, WA 99130 by both first class and certified mail, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, 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.

These requirements were completed as of 3/24/2016 .

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 objections to this 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.

THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE OF YOUR HOME. In the event the property secured by the Deed of Trust is owner-occupied residential real property, you may be eligible for mediation, you have only 20 DAYS from the recording date of this Notice to pursue mediation.

DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home.

See below for safe sources of help.

SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you.

If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission: Toll-free: 1-877-894-HOME (1-877-894-4663) or website: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm .

The United States Department of Housing and Urban Development: Toll-free: 1-800-569-4287 or National website: http://portal.hud.gov/hudportal/HUD or for Local counseling agencies in Washington: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone: 1-800-606-4819 or website: http://nwjustice.org/what-clear .

ADDITIONAL NOTICES: If the sale is set aside for any reason, including if the Trustee is unable to convey title, the Purchaser at the sale shall be entitled only to a return of the monies paid to the Trustee.

This shall be the Purchaser’s sole and exclusive remedy.

The Purchaser shall have no further recourse against the Borrower, Grantor, Trustee, Beneficiary, Beneficiary’s Agent, or Beneficiary’s Attorney.

If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan, in which case this letter is intended to exercise the Note holders right’s against the real property only.

QUALITY MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. TS No .: WA-16-703627-SW Dated: 5/3/2016 Quality Loan Service Corp. of Washington, as Trustee By: Timothy Donlon, Assistant Secretary Trustee’s Mailing Address: Quality Loan Service Corp. of Washington C/O Quality Loan Service Corp. 411 Ivy Street, San Diego, CA 92101 (866) 645-7711 Trustee’s Physical Address: Quality Loan Service Corp. of Washington 108 1 st Ave South, Suite 202 Seattle, WA 98104 (866) 925-0241 Sale Line: 916.939.0772 Or Login to: http://wa.qualityloan.com TS No .: WA-16-703627-SW IDSPub #0107015 8/11/2016 9/1/2016 32 & 35

NOTICE OF TRUSTEE'S SALE Pursuant to the Revised Code of Washington 61.24, et seq.

TS No .: WA-14-645792-SW APN No .: 1-0897-00-00-18-0000 1-0897-00-00-19-0000 1-0897-00-00-20-0000 Title Order No .: 150212570-WA-MSI Deed of Trust Grantor(s): MARILYN BETH HARVEY, JOHN LOUIS HARVEY Deed of Trust Grantee(s): MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PEOPLE'S CHOICE HOME LOAN, INC., A WYOMING CORPORATION DBA PEOPLE'S CHOICE HOME FUNDING Deed of Trust Instrument/Reference No .: 674441 I. NOTICE IS HEREBY GIVEN that Quality Loan Service Corp. of Washington, the undersigned Trustee, will on 9/9/2016 , at 10:00 AM at the main entrance to the Whitman County Courthouse, N 400 Main, Colfax, WA sell at public auction to the highest and best bidder, payable in the form of credit bid or cash bid in the form of cashier’s check or certified checks from federally or State chartered banks, at the time of sale the following described real property, situated in the County of WHITMAN, State of Washington, to-wit: LOTS 18, 19 AND 20, EARTHTONE NO. 2, ACCORDING TO PLAT THEREOF, RECORDED UNDER AUDITOR'S FILE NO. 521242, RECORDS OF Whitman County, WASHINGTON. More commonly known as: 816 SE LORI COURT, PULLMAN, WA 99163 which is subject to that certain Deed of Trust dated 9/14/2006, recorded 9/26/2006, under 674441 records of Whitman County, Washington , from MARILYN BETH HARVEY AND JOHN LOUIS HARVEY WIFE AND HUSBAND , as Grantor(s), to KAREN L. GIBBON, P.S. , as Trustee, to secure an obligation in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PEOPLE'S CHOICE HOME LOAN, INC., A WYOMING CORPORATION DBA PEOPLE'S CHOICE HOME FUNDING , as Beneficiary, the beneficial interest in which was assigned by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR PEOPLE'S CHOICE HOME LOAN, INC., A WYOMING CORPORATION DBA PEOPLE'S CHOICE HOME FUNDING (or by its successors-in-interest and/or assigns, if any), to U.S. Bank National Association, as trustee, on behalf of the holders of the Asset Backed Pass-Through Certificates, Series RFC 2007-HE1 .

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 Borrower’s or Grantor's default on the obligation secured by the Deed of Trust/Mortgage.

III. The default(s) for which this foreclosure is made is/are as follows: Failure to pay when due the following amounts which are now in arrears: $163,244.94 IV. The sum owing on the obligation secured by the Deed of Trust is: The principal sum of $512,388.16 , together with interest as provided in the Note from 2/1/2013 on, and such other costs and fees 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.

Said sale will be made without warranty, expressed or implied, regarding title, possession or encumbrances on 9/9/2016 .

The defaults referred to in Paragraph III must be cured by 8/29/2016 (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 8/29/2016 (11 days before the sale) the default as set forth in Paragraph III is cured and the Trustee's fees and costs are paid.

Payment must be in cash or with cashiers or certified checks from a State or federally chartered bank.

The sale may be terminated any time after the 8/29/2016 (11 days before the sale date) and before the sale, by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance by paying the principal and interest, plus costs, fees and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust, and 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): NAME MARILYN BETH HARVEY AND JOHN LOUIS HARVEY WIFE AND HUSBAND ADDRESS 816 SE LORI COURT, PULLMAN, WA 99163 by both first class and certified mail, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served, if applicable, 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.

These requirements were completed as of 10/1/2015 .

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 objections to this 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 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.

THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 DAYS from the recording date of this notice to pursue mediation.

DO NOT DELAY. CONTACT A HOUSING COUNSELOR OR AN ATTORNEY LICENSED IN WASHINGTON NOW to assess your situation and refer you to mediation if you are eligible and it may help you save your home.

See below for safe sources of help.

SEEKING ASSISTANCE Housing counselors and legal assistance may be available at little or no cost to you.

If you would like assistance in determining your rights and opportunities to keep your house, you may contact the following: The statewide foreclosure hotline for assistance and referral to housing counselors recommended by the Housing Finance Commission: Toll-free: 1-877-894-HOME (1-877-894-4663) or Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm .

The United States Department of Housing and Urban Development: Toll-free: 1-800-569-4287 or National Web Site: http://portal.hud.gov/hudportal/HUD or for Local counseling agencies in Washington: http://www.hud.gov/offices/hsg/sfh/hcc/fc/index.cfm?webListAction=search&searchstate=WA&filterSvc=dfc The statewide civil legal aid hotline for assistance and referrals to other housing counselors and attorneys: Telephone: 1-800-606-4819 or Web site: http://nwjustice.org/what-clear .

If the sale is set aside for any reason, including if the Trustee is unable to convey title, the Purchaser at the sale shall be entitled only to a return of the moni

 

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