Legals - Jan. 14, 2010

Jan 14, 20100

NOTICE OF MITIGATED DETERMINATION OF NONSIGNIFICANCE AND A CONDITIONAL USE HEARING

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

Ron Donaldson proposes to operate a wood and metal recycling center on a 5-acre site in the Agricultural District, located about 3.5 miles north of Garfield on the NE corner of Farmington Road and SR 27 in the NE 1/4 of Section 8 and the NW 1/4 of Section 9, Township 18 N., Range 45 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, February 11, 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, (mail address) P. O. Box 430, Colfax, WA 99111-0430, (fax) (509) 397-6210, up until 4 p.m. on February 11, 2010, or attend the hearing.

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, January 28, 2010, to Alan L. Thomson, County Planner, P.O. Box 430, Colfax, WA 99111-0430.

Date: Tuesday, January 12, 2010

Alan L. Thomson

County Planner

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NOTICE OF A MITIGATED DETERMINATION OF NONSIGNIFICANCE AND AN ADMINISTRATIVE USE PERMIT

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

Whitman County Public Works proposes to expand an existing 15-acre rock quarry (Glorfield Quarry) on land owned by Bernice Glorfield in the Agricultural District, located approximately 3.5 miles north of Ewan on the Rock Lake Road # 3010 in the SE 1/4 of the SW 1/4 of Section 2, Township 19 N., Range 40E., W.M., Whitman County, Washington. The expansion will cover an area of 4.03 acres.

An administrative use permit is being issued by the County Planner for this operation as there are no residences within 1,000 feet of the mining site.

Date: Tuesday, January 12, 2010

Alan L. Thomson

County Planner

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NOTICE OF A MITIGATED DETERMINATION OF NONSIGNIFICANCE AND AN ADMINISTRATIVE USE PERMIT

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

Whitman County Public Works proposes to expand the existing Repp Quarry. The existing quarry is approximately 10.16 acres and the new leased area is 5.83 aces. The site of the quarry is owned by Damar Farms and the Washington State Department of Natural Resources (DNR) in the Agricultural District, located approximately 6.2 miles south of St. John on the Endicott-St. John Road # 4230 in the SE 1/4 of the NE 1/4 of Section 35, and in the SW 1/4 of the NW 1/4 of Section 36, all in Township 18 N., Range 41E., W.M., Whitman County, Washington.

An administrative use permit is being issued by the County Planner for this operation as there are no residences within 1,000 feet of the mining site.

Date: Tuesday, January 12, 2010

Alan L. Thomson

County Planner

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OPEN PUBLIC MEETING NOTICE

The Canvassing Board of Whitman County, pursuant to RCW 29A.60.140, will hold a public meeting at 9:00 a.m., Wednesday, January 20, 2010, in the Election Processing Center to process vote by mail ballots for the February 9, 2010, Special Election. This meeting of the Canvassing Board is an open, public meeting under the applicable provisions of Chapter 42.30 RCW, and shall be continued until the activity for which the meeting is held has been completed.

DATED this 31st day of December, 2009

(SEAL)

Eunice L. Coker

Whitman County Auditor

Ex-Officio Supervisor of Elections

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REVISED NOTICE OF HEARING

CORRECTED DATE

NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Whitman County, Washington, will consider the Report of the County Road Engineer for the vacation and abandonment of the Klemgard Road, County Road No. 9480 located in Section 36, Township 14 North, Range 43 East, W.M., in Whitman County, Washington.

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

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

GIVEN under my hand and official seal this 28th day of December, 2009.

Maribeth Becker, CMC, Clerk of the Board

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NOTICE TO VENDORS AND

CONTRACTORS

Whitman County, Washington is soliciting vendors and contractors for placement on the following lists:

1) General Government Office/Data Processing Equipment

2) General Government Building Maintenance/Park and Recreation

3) General Government Professional Services

4) Public Works Department Materials, Equipment, Supplies, Etc.

5) Public Works Department Contractors

6) Public Works Department Professional Services

Whitman County maintains current rosters of vendors and contractors from which proposals will be requested for the purchase of Materials, Equipment, Supplies or Services for various small works projects.

In accordance with RCW Chapter 39.80, Whitman County invites letters of interest from consultants wishing to be placed on the Professional Services Roster. For any particular work, consultants to be considered will be selected from the Professional Services Roster or from responses to advertisements for consultants for that particular work. Contracts will be negotiated in accordance with RCW 39.80 and Whitman County’s selection procedures.

Whitman County in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat.

252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

Cities, towns and districts within Whitman County who have entered into an interlocal agreement with the County may choose to select materials, equipment, supplies or services from these lists.

Any vendor or contractor wishing placement on any list or updating current information may do so by accessing the Whitman County Website at http://www.whitmancounty.org, subtitle, "Small Works Roster". For specific information regarding unbound letters of submittal, please call 509-397-4622. Vendors and contractors who have completed a questionnaire within the past 10 years do not need to resubmit another questionnaire.

Maribeth Becker, CMC, Clerk of the Board

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SUPERIOR COURT OF WASHINGTON

COUNTY OF WHITMAN

DEPENDENCY OF:

DAVID HUTCHINSON

D.O.B. 05-01-2007

CAUSE NO: 09-7-00025-1

NOTICE & SUMMONS/ORDER

(TERMINATION)

STATE OF WASHINGTON TO:

Name: Wilfred Luis Castillo and All Paternal Interests

I. NOTICE OF HEARING

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

(X) the above-named child is dependent and a permanent termination of the parent child relationship should occur. A termination petition, if granted, will result in permanent loss of your parental rights.

1.2 A hearing has been set in this matter on February 4, 2010 @ 1:30 P.M.

At: Whitman County SUPERIOR COURT

N. 400 MAIN STREET

COLFAX, WA. 99111

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

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

II. SUMMONS/ORDER TO APPEAR

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

NOTICE

VIOLATION OF THIS ORDER OR SUMMONS

IS SUBJECT TO A PROCEEDING

FOR CONTEMPT OF COURT

PURSUANT TO RCW 13.34.070

III. ADVICE OF RIGHTS

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

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

3.3 You have tile right to be represented by a lawyer. If you cannot afford a lawyer you have the right to request that the Court appoint a lawyer to represent you at public expense. If you qualify, a lawyer will be appointed by the Court to represent you.

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

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

Sonya Miller

P.O. Box 679

Colfax, WA 99111

509-397-5345

Dated: Dec. 29,2009

By direction of.

DAVID FRAZIER

Judge/Commissioner of the Superior Court

SHIRLEY J. BAFUS

Clerk

By: Brenda G. Cloninger

Deputy Clerk

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Notice of Public Hearing

Public notice is hereby given that the Whitman County Water Conservancy Board will hold a public hearing to receive comment on active water right transfer application FRAN-08-07. The public hearing will be held on January 27, 2010, at 10:00 a.m. in the Public Service Building located at 310 N. Main, Colfax, Washington.

Stemilt Growers, Inc. has made an application for change/transfer under RCW 90.03.380 in order to change the point of diversion and change the place of use to Surface Water Certificate No. S3-24446C (A portion per administrative division), with a priority date of April 25, 1975.

Surface Water Certificate No. S3-24446C presently authorizes annual withdrawal from a surface water source not to exceed: 1.93 cfs, 465 acre-ft., for seasonal irrigation from March 1 to October 31 of 155 acres. The existing point of diversion is designated as all within the SE1/4 of Section 14, Township 19N, Range 40 EWM. Existing place of use is all within: Sections 11 and 14, Township 19N, Range 40 EWM and is described in detail within the existing water right certificate.

The proposed purpose of use shall include irrigation, temperature control, and frost cooling; total irrigated acres will be up to 1,300 acres, with an annual water quantity use not to exceed the existing allowed beneficial use eligible for change/transfer per RCW 90.03.380.

The proposed point of diversion to be all within Govt.

Lot.

4, Section 13, Township 10N, Range 32 EWM and the proposed place of use to be within all of Sections 1, 11, 12, 13, and 14, Township 10N, Range 32 EWM. The applicant intent is to continue use of an authorized water right, with no increase in quantity of water use, but with an increase to irrigated acres per acre-ft. (overall average).

Note: the detailed legal description for the existing and added place of use is available from the Franklin County Water Board upon request (call 509-545-8546 x3).

Arrangements will be made to accommodate questions and provide responses to non-English speaking residents. Upon receiving 24 hours' advance notice, the Water Conservancy Board will make arrangements to reasonably accommodate the needs of special groups of citizens, including those who are physically disabled or otherwise impaired. Please call (509) 235-8581 if such assistance is needed. Accommodations for the disabled are accessible at the east entrance to the Public Service Building.

Dated this 13th day of January, 2010

Ed Schultz, Chairman of Whitman County Water Conservancy Board

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PUBLIC HEARING

NOTICE IS HEREBY GIVEN that a public hearing will be held by the Town Council at the Rosalia Community Center on January 19th starting at 7:00 p.m. The purpose of the public hearing is to review community development and housing needs, inform citizens of the availability of funds and eligible uses of state Community Development Block Grant (CDBG), and receive comments on proposed activities, particularly from low- and moderate- income persons and persons residing in the Rosalia area.

Up to $1.5 million may be available to the town of Rosalia on a statewide competitive basis to fund public facility, community facility, economic development, housing rehabilitation, and planning projects that principally benefits low- and moderate- income persons.

The draft application for the Wastewater Facility Project proposal will be available for review at the Rosalia Community Center, January 19th at 7:00 p.m. Comments may also be submitted in writing to Rosalia City Hall until January 19th, 2010. The Community Center is handicap accessible. Arrangements to reasonable accommodate the special needs, including handicap accessibility or interpreter, will be made upon receiving twenty-four (24) hour advance notice. Contact Kerry Bourke at 509-523-5991 at City Hall.

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SUPERIOR COURT OF WASHINGTON

IN AND FOR WHITMAN COUNTY

In the matter of the Estate of

FRANC ES E. ZIMMERMAN,

Deceased.

Case No.:: 10 4 00001 7

PROBATE NOTICE TO CREDITORS

RCW 11.40.030

The personal representatives named below have been appointe3d as personal representatives of this estate.

Any persona 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 representatives or the 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 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: January 14,2 010

BARBARA BERNTGEN, personal representatives of the Estate of FRANCES E. ZIMMERMAN, Deceased

33501 State Route 27, Oakesdale, WA 99158

RICHARD ZIMMERMAN, Personal Representative of the Estate of FRANCES E. ZIMMERMAN, Deceased

33761 State Route 27, Oakesdale, WA 99158

AITKEN, SCHAUBLE, PATRICK, NEILL, RUFF & SHIRLEY

Linda Schauble-Ruff, WSBA #14707

Attorneys for Estate

P.O. Box 307

Pullman, WA 99163

(509)397-3091

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SUPERIOR COURT OF

WASHINGTON FOR WHITMAN COUNTY

IN THE MATTER OF THE ESTATE OF:

Lyle C. Honn,

Deceased.

NO. 09-4-00117-6

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 Decedent that arose before Decedent’s death 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 Ch.

11.40.070 by: (a) 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 (b) filing the original of the claim with the Court. The claim must be presented within the later of: (a) Thirty (30) days after the Personal Representative served or mailed the notice to the claimant as provided under RCW Ch.

11.40.020(3); or (b) four (4) months after the date of first publication of the probate notice to the creditors.

If the claim is not presented within this time frame, the claim will be forever barred, except as otherwise provided in RCW Ch.

11.40.051 and 11.40.060.

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

DATE OF FIRST PUBLICATION: January 5, 2010

PERSONAL REPRESENTATIVE: Ronald C. Cone

ATTORNEY FOR PERSONAL REPRESENTATIVE: Brian J. Dano

ADDRESS FOR MAILING OR SERVICE:

100 East Broadway

P.O. Box 1159

Moses Lake, WA 98837

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SUPERIOR COURT OF

WASHINGTON, WHITMAN

COUNTY

Estate of

JOYCE A. DUNCAN

Deceased.

NO. 09-4-00115-0

PROBATE NOTICE TO

CREDITORS

The personal representatives named below have been appointed as personal representatives 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 representatives or the personal representatives’ 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 representatives 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: December 31, 2009

William R. Duncan and Lori A. Hay, Personal Representatives

Attorney for Personal Representative:

THEODORE F.S. RASMUSSEN WSBA 8720

Theodore F.S. Rasmussen, P.S.

S. 112 Crosby, P.O. Box 724

Tekoa, WA 99033

(509) 284-2332

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SUPERIOR COURT, STATE OF WASHINGTON, COUNTY OF SPOKANE

In the Matter of the Estate of

ROBERT C. WEBER,

Deceased

No. 09401586-6

NOTICE TO CREDITORS

The Personal Representatives named below have been appointed as Personal Representatives of this estate.

Any person having a claim against the Decedent must, before the time the claim would be barred by any otherwise applicable statute of limitations present the claim in the manner as provided in RCW 11.40.070 by serving on or mailing to the Personal 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 Representatives 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 11.40.060.

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

DATE OF FIRST PUBLICATION: December 31, 2009.

PERSONAL REPRESENTATIVE: BETHINE M. PAYNE

PERSONAL REPRESENTATIVE: GARY R. WEBER

ATTORNEYS FOR PERSONAL REPRESENTATIVE: LUKINS & ANNIS, P.S.

MARTIN G. WEBER

WSBA #04475

ADDRESS FOR MAILING OR SERVICE:

MARTIN G. WEBER

Lukins & Annis, P.S.

717 West Sprague Ave., Ste 1600

Spokane, WA 99201-0466

COURT OF PROBATE PROCEEDINGS & CAUSE NO.:

Superior Court, Spokane, Washington

Cause No. 09401586-6

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File No .: 8676.20002 Grantors: Northwest Trustee Services, Inc. Leads Petro, LLC. Grantee: A. S. Sons Corp., a Washington Corporation Tax Parcel ID No .: 1-0820-99-00-04-0000 Abbreviated Legal: AGRICULTURAL COLLEGE ADDITION TO PULLMAN Notice of Trustee’s Sale Pursuant to the Revised Code of Washington 61.24, et seq.

I. On February 12, 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: All of Block D, AGRICULTURAL COLLEGE ADDITION TO PULLMAN, according to the plat thereof, recorded in Volume D of Plats, Page 21, in Whitman County, Washington.

TOGETHER WITH all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all mineral, oil, gas geothermal and similar matters.

All the foregoing is referred to as the "Property".

Commonly known as: 1455 Southeast Bishop Blvd.

Pullman, WA 99163 which is subject to that certain Deed of Trust dated 12/20/05, recorded on 12/22/05, under Auditor’s File No. 668441, records of Whitman County, Washington, from A. S. Sons Corp., a Washington Corporation, as Grantor, to Trustee Services, Inc., as Trustee, to secure an obligation "Obligation" in favor of Sterling Savings Bank, as Beneficiary, the beneficial interest in which was assigned by Sterling Savings Bank to Leads Petro, LLC, under an Assignment/Successive Assignments recorded under Auditor’s File No. 693851.

*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 11/05/2009 As to Loan.9001 Monthly Payments $194,574.72 Default Interest $82,410.07 Late Charges $9,120.75 As to Loan.9002 Monthly Payments $19,521.12 Default Interest $2,579.75 Late Charges $915.00 Total Arrearage $309,121.41 Trustee’s Expenses (Itemization) Trustee’s Fee $2,500.00 Title Report $2,780.16 Statutory Mailings $196.00 Postings $70.00 Recording Costs $68.00 Total Costs $5,614,16 Total Amount Due: $314,735.57 IV. The sum owing on the Obligation is: Principal Balance of $1,221,310.35, together with interest as provided in the note or other instrument evidencing the Obligation from 06/15/08, and such other costs and fees as are due under the Obligation, and as are provided by statute.

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

The sale will be made without representation or warranty, express or implied regarding title, possession, encumbrances or condition of the Property on February 12, 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 02/01/10 (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 02/01/10 (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 02/01/10 (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 A.S. Sons Corp. 1455 Southeast Bishop Blvd.

Pullman, WA 99163 A.S. Sons Corp. 2117 Bamboo Way Antioch, CA 94509 Simarjit Sohi, Guarantor 1455 Southeast Bishop Blvd.

Pullman, WA 99163 Gurdip Sohi, Guarantor 1455 Southeast Bishop Blvd.

Pullman, WA 99163 Simarjit Sohi, Guarantor 2117 Bamboo Way Antioch, CA 94509 A.S. Sons Corp. 2305 Northwest Ridgeline Drive Pullman, WA 99163-5117 Simarjit Sohi, Guarantor 2305 Northwest Ridgeline Drive Pullman, WA 99163-5117 Gurdip Sohi, Guarantor 2305 Northwest Ridgeline Drive Pullman, WA 99163-5117 A.S. Sons Corp. 2305 Ridgeline Drive Pullman, WA 99163-5117 Simarjit Sohi, Guarantor 2305 Ridgeline Drive Pullman, WA 99163-5117 Gurdip Sohi, Guarantor 2305 Ridgeline Drive Pullman, WA 99163-5117 A.S. Sons Corp. 444 Northeast Ravenna Blvd., #402 Seattle, WA 98115 Simarjit Sohi, Guarantor 444 Northeast Ravenna Blvd., #402 Seattle, WA 98115 Gurdip Sohi, Guarantor 444 Northeast Ravenna Blvd., #402 Seattle, WA 98115 Kanwar Nijher, Reg.

Agent 444 Northeast Ravenna Blvd., #402 Seattle, WA 98115 Gurdip Sohi, Guarantor 2117 Bamboo Way Antioch, CA 94509 Simarjit Sohi, Guarantor 2126 242nd Street Southeast Bothell, WA 98021 A.S. Sons Corp. Gurdip Sohi, Guarantor 2126 242nd Street Southeast Bothell, WA 98021 Leslie A.M. Cloaninger, Attorney 2126 242nd Street Southeast Bothell, WA 98021 110 East Canyon Street Colfax, WA 99111 Southwell & O’Rourke Dan O’Rourke, BK Trustee 421 West Riverside Avenue, Ste.

960 Spokane, WA 99201 by both first class and either certified mail, return receipt requested on 04/15/09, proof of which is in the possession of the Trustee; and on 04/14/09 Grantor and Borrower were personally served with said written notice of default or the written notice of default was posted on a conspicuous place on the real property described in paragraph I above, and the Trustee has possession of proof of such service or posting.

VII. The Trustee, whose name and address are set forth below, will provide in writing to anyone requesting it a statement of all foreclosure costs and trustee’s fees due at any time prior to the sale.

VIII. The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their right, title and interest in the Property.

IX. Anyone having any objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the sale pursuant to RCW 61.24.130.

Failure to bring such a lawsuit may result in a waiver of any proper grounds for invalidating the Trustee’s sale.

X. NOTICE TO OCCUPANTS OR TENANTS - The purchaser at the Trustee’s Sale is entitled to possession of the property on the 20th day following the sale, as against the Grantor under the Deed of Trust (the owner) and anyone having an interest junior to the deed of trust, including occupants who are not tenants.

After the 20th day following the sale the purchaser has the right to evict occupants who are not tenants by summary proceedings under Chapter 59.12 RCW. For tenant-occupied property, the purchaser shall provide a tenant with written notice in accordance with RCW 61.24.060.

XI. Notice to Guarantors - (1) Guarantors 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) Guarantors have 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 trustees sale; (3) Guarantors 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.

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: 11/05/2009 Northwest Trustee Services, Inc., Trustee Authorized Signature P.O. BOX 997 Bellevue, WA 98009-0997 Contact: Nanci Lambert (425) 586-1900.

(TS# 8676.20002) 1002.137836-FEI

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NOTICE OF TRUSTEE’S SALE

PURSUANT TO THE REVISED CODE OF WASHINGTON

CHAPTER 61.24, ET. SEQ.

TO:

Frank J. Dvorak, Jr.

a/k/a/ Sam Dvorak

Personal Representative of the Estate of Virginia Lile

206 S. Fourth Street

Oaksdale, WA 99158

NOTICE IS HEREBY GIVEN that the undersigned Successor Trustee will, on

February 12, 2010, at the hour of 10:00 o’clock a.m., at the main entrance of the Whitman County Courthouse, 400 N. Main Street, in the city of Colfax, state of Washington, sell at public auction to the highest and best bidder, payable at the time of sale, the following described real property, situated in the county of Whitman, state of Washington, to-wit:

Lot 16, Block 36, Town of Malden, according to the plat thereof, recorded in Book G of plats, page 8, records of Whitman County, Washington.

Tax Identification No. 1-0580-00-36-16-0000.

The postal address of the property is more commonly known as 112 S.E. Aerie, Malden, WA 99149 (the "Property").

Said Property is subject to that certain Deed of Trust dated September 15, 2006, recorded October 13, 2006, in the office of the Whitman County Auditor, as Auditor’s File No. 674809, from Virginia J. Lile, as Grantor, to Pioneer Title Company, as Trustee, to secure an obligation in favor of Bank of Fairfield, as Beneficiary. Grantor is deceased, and Frank J. Dvorak, Jr., also known as Sam Dvorak, is Personal Representative of the Estate of Virginia Lile. On September 18, 2009, K&L Gates LLP was appointed Successor Trustee. The Appointment of Successor Trustee is recorded September 24, 2009, in the office of the Whitman County Auditor, as Auditor’s File No. 695545.

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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 the Borrower’s/Grantor’s default on the obligation secured by the said Deed of Trust.

The defaults for which this foreclosure is made are as follows:

a.Failure to pay when due the following amounts which are now in arrears:

Note No. 29618 fully matures on September 30, 2011.

Loan Payments and

Interest Due:

Plus Interest at 9.0 %

Per Annum

Per diem: $3.2380$ 604.50

Interest at 9.0% per

annum through

October 28, 2009$ 407.99

Late Charges:$ 20.14

Advances for Utility and

Electric Bills:$ 42.40

Advances for Insurance:$ 220.00

Advance for Winterization

Costs:$ 200.00

SUB-TOTAL:$1,495.03

Attorneys Fees

and Costs (Estimated):$4,000.00

Successor Trustee’s

Fees (Estimated):$1,000.00

Successor Trustee’s

Expenses:

a. Title Report

(Estimated)$ 323.40

b. Recording Fees

(Estimated)$ 115.00

c. Service/Posting

of Notices (Estimated)$ 180.00

d. Postage/Copying

Expense (Estimated)$ 250.00

TOTAL DUE

October 28, 2009:$7,363.43

b.Default other than failure to make payments:

Real Estate Taxes are paid through October 28, 2009

**Includes Aquifer Protection, Stormwater Fees and Irrigation District Assessments, if any

$ To be Determined

TOTAL OTHER DEFAULT (Approximate)

$ To be Determined

The total sum owing on the obligation secured by the Deed of Trust is:

The principal in the amount of $13,132.09, together with interest through October 28, 2009, as provided in the Promissory Note or other instrument, as secured from September 15, 2006, and late charges, advances for utility and electric bills, advances for insurance, advances for winterization costs, advances for appraisal fees, attorneys fees and costs, Successor Trustee’s expenses, and other advances and default owing is $19,251.03, and such other costs, fees, attorneys fees and costs, and advances as are due under the Note or other instrument secured, and as are provided by statute.

The 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 February 12, 2010.

The defaults referred to in paragraph 3.

must be cured by February 1, 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 on or before February 1, 2010 (11 days before the sale date), the defaults as set forth in paragraph 3.

are cured and the Successor Trustee’s fees and costs are paid.

The sale may be terminated any time after February 1, 2010 (11 days before the sale date), and before the sale, by the Borrower/Grantor, the Borrower’s/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, attorneys fees and costs, and advances, if any, made pursuant to the terms of the obligation and/or Deed of Trust and curing all other defaults.

A written Notice of Default was transmitted by the Beneficiary or Successor Trustee to the Borrower/Grantor Frank J. Dvorak, Jr., a/k/a Sam Dvorak, Personal Representative of the Estate of Virginia Lile at the address 206 S. Fourth Street Oaksdale, WA 99158, by both first-class and certified mail on September 25, 2009, proof of which is in the possession of the Successor Trustee. The property was posted with the written Notice of Default on September 28, 2009, and the Successor Trustee has in its possession proof of such posting.

The Successor 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.

The effect of the sale will be to deprive the Borrower/Grantor and all those who hold by, through, or under the Borrower/Grantor of all their interest in the Property.

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.

DATED this 30th day of October, 2009.

K&L GATES LLP

SUCCESSOR TRUSTEE

By Thomas T. Bassett, WSBA #7277

618 West Riverside Avenue,

Suite 300

Spokane, WA 99201-0602

Telephone: (509) 241-1538

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