Serving Whitman County since 1877

Legals April 21

PUBLIC NOTICE

NOTICE IS HEREBY GIVEN in accordance with the Revised Code of Washington, Chapter 36.77.070 that the following construction projects shall be performed by County Forces:

Edmondson Bridge, C.R.B.P. No. 9060-04.21(6)

This project provides for the replacement of the Edmondson Bridge with a 30 foot wide, 65 foot long prestressed concrete superstructure on a steel substructure for an estimated cost of $351,500.00.

DATED this 18th day of April, 2016.

W. Mark Storey, P.E., Director of Public Works 16/1

NOTICE OF CALL FOR BIDS

ROOF COATING SYSTEM

SEALED BIDS will be received by the Board of County Commissioners of Whitman County, State of Washington, at its office in the Whitman County Courthouse, Colfax, Washington, until 10:30 a.m. Pacific Daylight Savings Time, Tuesday, May 31, at which time they will be opened and publicly read.

EACH BID shall be separately sealed in an envelope addressed to the Board of County Commissioners with the name of the bidder written plainly on the outside of the envelope.

All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier's check or surety bond in an amount equal to five percent (5%) of the amount of the total bid proposal. Should the successful bidder fail to enter into the contract and furnish a satisfactory performance bond, this proposal deposit shall be forfeited to Whitman County.

The work will consist of: APPLICATION OF ACRYLIC ELASTOMERIC ROOF COATING SYSTEM SIMILAR OR EQUAL TO GAF “ROOF MATE COATING”, OVER EXISTING ROOFING AND EXTRUSIONS ACCORDING TO MANUFACTURERS SPECIFICATIONS TO INCLUDE A MINIMUM OF A 10 YEAR MANUFACTURES PRODUCT WARRANTY AND COMPARABLE LABOR, AT THE Palouse EMPIRE FAIRGROUNDS EVENT CENTER LOCATED AT 322 FAIRGROUNDS ROAD, Colfax, WA. 99111.

THIS IS A PREVAILING WAGE PUBLIC WORKS PROJECT, SUBJECT TO ALL APPLICABLE LAWS AND CODES OF AUTHORITIES HAVING JURISDICTION IN THE STATE OF WASHINGTON. APPLICABLE PREVAILING WAGE RATES MADE AVAILBLE AT THE WORK SITE AND UPON REQUEST, AND INCLUSIVE WITH BID DOCUMENTS.

MANDATORY SITE VISIT

PROSPECTIVE BIDDERS MUST ARRANGE A PRE-BID SITE VISIT ON OR BEFORE THURSDAY, MAY 12, 10:00 A.M., AT WHICH TIME, BIDDERS SUBMITTING PROPOSALS SHALL SIGN IN, MEET THE OWNER, AND MAKE SUCH OBSERVATIONS AND MEASUREMENTS AS MAY BE REQUIRED TO FULLY INFORM THEMSELVES OF EXISTING CONDITIONS AND LIMITATIONS OF THE PROJECT. BIDDERS MAY CALL 509-397-6263 TO ARRANGE THE SITE VISIT, LOCATED AT 322 FAIRGROUNDS ROAD, Colfax WASHINGTON 99111.

The Board of County Commissioners reserves the right to reject any or all bids, to waive technicalities or irregularities, and after careful consideration of all bids and factors involved, make an award of the bid to best serve the interest of Whitman County.

Maribeth Becker, CMC, Clerk of the Board 16/2

Notice of Determination of

Non Significance (DNS)

The Washington State Department of Transportation proposes maintenance work on Bridge 195/27 and Bridge 26/2SP concrete T-beam bridges.

Both bridges are structurally deficient and the deteriorating concrete balusters need to be removed and new three beam rail attached.

Below deck, various deteriorated areas will be patched with concrete and grout.

There is no work below ordinary high water mark, but there will need to be a temporary work platform set up on the channel bed.

This will be done in the dry.

Equipment used below the deck will be lowered by crane and placed on top of fabric or other protection.

There will be no vegetation removal or channel modification.

This project is on US 195 and SR 26, within the City of Colfax at the north end, crossing the Palouse River.

It is located in Section 11 Township 16N Range 43E.

Using State Environmental Policy Act Rules (Chapter 197-11 WAC), we reviewed a complete environmental checklist and other relevant information on file. We concluded this action will not have probable significant adverse impacts on the environment and have issued a DNS for the proposal.

If interested in this proposal you may request a free copy of the DNS and information from Tammie Williams, Eastern Region Environmental Manager, at Washington State Department of Transportation, 2714 N Mayfair Street, Spokane, WA 99207-2090. Phone: (509) 324-6134, or e-mail williamt@wsdot.wa.gov. We will accept written comments mailed to this postal or e-mail address until April 29th 2016. 15/2

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR

THE COUNTY OF WHITMAN

In Re the Matter of the Estate of:

FRED (FRITZ) E. ZUGER,

Deceased.

No. 16-4-00032-6

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(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 non-probate assets.

The decedent’s date of birth, June 24, 1932, and date of death, February 9, 2016.

DATE OF FILING OF NOTICE: March 15, 2016

DATE OF FIRST PUBLICATION: April 7, 2016

/s/ Scott W. Zuger

SCOTT W. ZUGER

Personal Representative

/s/ Daniel S. Cronin

Daniel S. Cronin, WSBA #44476

Attorney for Estate

N. 115 Washington

Spokane, WA 99201 14/3

IN THE SUPERIOR COURT

OF THE STATE

OF WASHINGTON

IN AND FOR

THE COUNTY OF WHITMAN

IN THE MATTER

OF THE ESTATE

OF

WESLEY A. NUXOLL,

Deceased.

NO. 16-4-00045-8

PROBATE NOTICE

TO CREDITORS

(RCW 11.40.070)

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 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; 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 April 7, 2016

PERSONAL REPRESENTATIVE JAMES P. NUXOLL

ATTORNEYS FOR PERSONAL REPRESENTATIVE

LIBEY & ENSLEY, PLLC

BRUCE ENSLEY

ADDRESS FOR MAILING OF SERVICE

P.O. Box 619

North 409 Main Street

Colfax, WA 99111-0619

Telephone: 509-397-4345 14/3

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON

IN AND FOR

THE COUNTY OF WHITMAN

JOHN H. DAILEY and CELESTA A. DAILEY, husband and wife,

Plaintiffs,

v.

JOHN T. GREEN, MARY E. GREEN, ELLA GREEN STEWARD, JENNIE A. GREEN, JESSIE GREEN CARPENTER, and MAMIE GREEN McDOWELL, and all other persons or parties unknown claiming any right, title, estate, lien, or interest in the property herein described,

Defendants.

No.16-2-00077-9

SUMMONS BY PUBLICATION

The State of Washington to the said Defendants, if living, and to their unknown heirs if deceased; JOHN T. GREEN, MARY E. GREEN, ELLA GREEN STEWARD, JENNIE A. GREEN, JESSIE GREEN CARPENTER, and MAMIE GREEN McDOWELL, and all other persons or parties unknown claiming any right, title, estate, lien, or interest in the property herein described.

You, and each of you, are hereby summoned to appear within sixty (60) days after the date of first publication of this Summons, to-wit, within sixty (60) days after the 14th day of April, 2016, and defend the above-entitled action in the above-entitled court and answer the Complaint of the Plaintiffs and serve a copy of your Answer upon the undersigned attorneys for the Plaintiffs, at their office below stated; and in case of your failure to do so, judgment will be rendered against you according to the demands of the Complaint in this action which has been filed with the Clerk of said Court.

The object of this action is to quiet title in the Plaintiffs against the claims of all the Defendants and any one of them with respect to real estate in Whitman County, Washington, described as follows:

A tract of land in Section 6, Township 18 North, Range 46 East, W.M., described as follows:

COMMENCING at the point of intersection of the north line of Whitman Avenue with the east line of Prospect Street, in Railroad Addition to the Town of Farmington, Whitman County, Washington, and running east along the north line of Whitman Avenue 285.23 feet to the east line of Section 6, Township 18 North, Range 46 East, W.M., thence north along said section line 297 feet; thence west 264.30 feet to east line of Prospect Street at a point 356.60 feet north of point of beginning; thence south 356.60 feet to the place of beginning.

DATED this 11th day of April, 2016.

LIBEY & ENSLEY, PLLC

By: GARY J. LIBEY

Attorney for Plaintiffs

WSBA No. 06861

N. 409 Main St.

P.O. Box 619

Colfax, WA 99111-0619

Telephone: (509) 397-4345 15/6

PUBLIC HEARING NOTICE

NOTICE IS HEREBY GIVEN that a public hearing will be held by the City of Tekoa in the council chambers, 419 N Washington, Tekoa, WA, on May 2nd, 2016 at 7:00 PM. 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 the state Community Development Block Grant (CDBG), and receive comments on proposed activities, particularly from lower income persons.

Up to $750,000 may be available to the Town on a statewide competitive basis to fund public facility, community facility, economic development, planning and affordable housing projects that principally benefit low- and moderate-income persons.

An outline of the proposed project will be available for review at City Hall, after May 20th, 2016.

Comments may also be submitted in writing to the City of Tekoa until May 27th, 2016.

The council chambers are handicap accessible. Arrangements to reasonably accommodate special needs, including handicap accessibility or interpreter, will be made upon receiving 24- hour advance notice. Contact Kynda Browning at City Hall, 419 N Washington, 509-284-3861 to make special accommodations. 16/2

Public Meeting

and Public Hearing

NOTICE IS HEREBY GIVEN that the public meeting will be held by the Town Council at the Rosalia Public Library (north door at rear of building), on April 26, 2016 starting at 6:30 P.M .; a public hearing will be held by the Town Council at the Rosalia Public Hearing (north door at rear of building), on May 17, 2016 starting at 6:30 P.M. The purpose of the public meeting and hearing is to review community development and housing needs, inform citizens of the availability of funds and eligible uses of the state Community Development Block Grant (CDBG) planning only grant and general purpose grant, and receive comments on proposed activities, particularly from lower-income persons and persons residing in the Rosalia area.

Up to $750,000 may be available to the Town of Rosalia on a statewide competitive basis to fund public facility, community facility, economic development planning and affordable housing projects that principally benefit low- and moderate-income persons.

An outline of the proposed sewer system project will be available for review at the Public Library or City Hall in the Town of Rosalia on May 17, 2016.

Comments may also be submitted in writing to City Hall, P.O. Box 277; Rosalia, WA 99170 until May 20, 2016, 12 P.M. The west room of the library is handicap accessible.

Arrangements to reasonably accommodate special needs, including handicap accessible or interpreter, will be made upon receiving 24-hour advance notice.

Contact Jenna McDonald at 509-523-5991 at City Hall.

15/2

Notice of Trustee's Sale

i

NOTICE IS HEREBY GIVEN that the undersigned Weinstein & Riley, P.S., will on May 20, 2016 at 10:00 AM at the Main Entrance of the Whitman County Courthouse, 400 N. Main, Colfax, WA 99111 located at Whitman County, State of Washington, sell at public auction to the highest bidder, payable at the time of sale, the following described real property, situated in Whitman County, State of Washington, to-wit;

Lots 1,2,3,4 and 5, Block 1, Coffin's Addition to Tekoa, according to the plat thereof, recorded in book A of plats, page 187, records of Whitman County, Washington.A tract of land in the northwest quarter of Section 24, Township 20 north, Range 45 East, W.M., lying between the north line, projected westerly of Lot 1 and the south line projected westerly of Lot 2, both in Block 1 of Coffin's Addition to Tekoa, and easterly of a line described as follows:BEGINNING at a point 31.4 feet west of the northwest corner of Coffin's Addition to Tekoa and running southerly to a point 29.7 feet westerly of the southwest corner of said Coffin's Addition to Tekoa, and west of the west line of Coffin's Addition to Tekoa.A tract of land situated in the northwest quarter of Section 24, Township 20 north, Range 45 East, W.M., described as follows:COMMENCING at the southwest corner of Lot 6, Block 2, Coffin's Addition to Tekoa, according to plat thereof, recorded in Book A of Plats, page 187, records of Whitman County, Washington; thence run on a projection of the south line of said Lot 6 extended westerly a distance of 30.3 feet; thence south to a point of intersection with the north line of Lot 1, Block 1, said Coffin's Addition, extended westerly; thence east on said extended line to the northwest corner of said Lot 1, Block 1, Coffin's Addition; thence north to the point of beginning.EXCEPT the north 20 feet thereof.

which is subject to that certain Deed of Trust dated July 12, 2013, recorded July 25, 2013, under Recorder's/Auditor's File Number 719338 records of Whitman County, Washington, from Phillip Q. Overton and Laurie L. Overton, husband and wife, as Grantor, to Fidelity National Title Group - Chicago Title, as Trustee, to secure an obligation in favor of Mortgage Electronic Registration Systems, Inc. is a separate corporation that is acting solely as a nominee for Quicken Loans Inc..

MML 5357 and its successors and assigns as Beneficiary.

Quicken Loans Inc. is now the beneficiary of the deed of trust.

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 on 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:

Amount due to reinstate by January 14, 2016

Monthly Payments:

Delinquent Monthly Payments Due:

From 11/01/2014 through 01/01/2016

1 payment(s) at $799.31

12 payment(s) at $811.61

2 payment(s) at $803.80

Total: $12,146.23

Accrued Late Charges: $372.40

NSF Balance: $25.00

Total Default: $12,543.63

IV

The sum owing on the obligation secured by the Deed of Trust is $100,156.27, together with interest from November 1, 2014 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 May 20, 2016.

The payments, late charges, or other defaults must be cured by May 9, 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 on or before May 9, 2016 (11 days before the sale date) the default(s) as set forth in paragraph III, 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 with cashier's or certified checks from a State or federally chartered bank.

The sale may be terminated any time after May 9, 2016 (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, 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):

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

by both first-class and certified mail on October 2, 2015, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on October 2, 2015, 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 objections to this sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objection 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.

If the Trustee's Sale is set aside for any reason, the submitted bid will be forthwith returned without interest and the bidder will have no right to purchase the property. Recovery of the bid amount without interest constitutes the limit of the bidder's recourse against the Trustee and/or the Beneficiary.

xi

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.

XII

Notice

This notice is the final step before the foreclosure sale of your home.

You have only 20 DAYS from the recording date on 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:

Telephone: (1-877-894-4663)

Website: http://www.wshfc.org/buyers/counseling.htm

The United States Department of Housing and Urban Development:

Telephone: (1-800-569-4287)

Website: 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)

Website: http://nwjustice.org/what-clear

DATED: 4/13/16

Weinstein & Riley, P.S.

Successor Trustee

By: ____________________________

William L. Bishop, Jr., Assistant Secretary

2001 Western Avenue Suite 400

Seattle, WA 98121

206-269-3490

State of Washington )

) ss.

County of King )

On this _____ day of 4/13/16, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jeremy S. Davidson, to me known to be an Officer of Weinstein & Riley, 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 my hand and official seal hereto affixed the day and year first above written.

____________________________

Name: Darla Trautman

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

My Appt. Exp .: 04/09/2016

‘Mailing List’

Phillip Q. Overton

601 W Riverside Ave

Spokane, WA 99201

Phillip Q. Overton

C/O Jeremy S. Davidson, Attorney

601 W Riverside Ave, Ste 1550

Spokane, WA 99201

Phillip Q. Overton

402 W Sophy Rd

Tekoa, WA 99033

Phillip Q. Overton

402 SOPHY ST

TEKOA, WA 99033

Phillip Q. Overton

C/O Jeremy S. Davidson, Attorney

1550 Bank of America Financial Center

601 W Riverside Ave

Spokane, WA 99201

Laurie L. Overton

aka Laurel L Overton

601 W Riverside Ave

Spokane, WA 99201

Laurie L. Overton

C/O Jeremy S. Davidson, Attorney

601 W Riverside Ave, Ste 1550

Spokane, WA 99201

Laurie L. Overton

aka Laurel L Overton

402 W Sophy Rd

Tekoa, WA 99033

Laurie L. Overton

aka Laurel L Overton

402 SOPHY ST

TEKOA, WA 99033

Laurie L. Overton

C/O Jeremy S. Davidson, Attorney

1550 Bank of America Financial Center

601 W Riverside Ave

Spokane, WA 99201

David P. Gardner, Trustee

601 W. Riverside Ave

Suite 1900

Spokane, WA 99201 16 & 19

TS #60128-27530-NJ-WA APN #103000000080000 & 103000000190000 Reference Number: 631380 Abbreviated Legal: TRACTS 8 AND 19 LF. SMITH’S ADDITION TO Endicott Grantor: James W. Hughes and Sheri R Hughes Grantee: North Cascade Trustee Services Inc. Original Beneficiary: Popular Financial Services, LLC NOTICE OF TRUSTEE’S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON CHAPTER 61.24 ET. SEQ. This is an attempt to collect a debt and any information obtained will be used for that purpose.

THIS NOTICE IS THE FINAL STEP BEFORE THE FORECLOSURE SALE OF YOUR HOME. You have only 20 DAYS from the recording date on 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 Telephone: Toll-free: 1-877-894-HOME (1-877-894-4663).

Web site: http://www.dfi.wa.gov/consumers/homeownership/post_purchase_counselors_foreclosure.htm The United States Department of Housing and Urban Development Telephone: Toll-free: 1-800-569-4287.

Web Site: http://www.hudgov/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: Toll-free: 1-800-606-4819.

Web site: http://nwjustice.org/what-clear.

I. NOTICE IS HEREBY GIVEN that the undersigned Trustee will on May 20, 2016, at the hour of 10:00 AM at Whitman County Superior Courthouse, main entrance, 404 N. Main Street, Colfax, WA 99111 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: TRACTS SAND 19 L.F. SMITH’S ADDITION TO Endicott, ACCORDING TO PLAT THEREOF, RECORDED IN BOOK FOR PLATS, PAGE 3, RECORDS OF Whitman County, WASHINGTON. APN: 103000000080000 & 103000000190000 More commonly known as: 309 AIakli Si, Endicott, WA 99125 which is subject to that certain Deed of Trust dated September 7, 2001, recorded September 12, 2001, under Auditor’s File No. 631380, records of Whitman County, Washington, from James W. Hughes and Sheri R Hughes, husband and wife, as Grantor, to Pioneer Title Company, as Trustee, to secure an obligation in favor of Popular Financial Services, LLC as Beneficiary, the beneficial interest in which was assigned to The Bank of New York Mellon f/k/a The Bank of New York as successor Trustee for JPMorgan Chase Rank, NA., as Trustee for the benefit of the Certificateholders of Equity One ADS, Inc. Mortgage Pass-Through Certificates Series 2001-3 under an Assignment recorded on December 29, 2011 under Auditor’s File 708455 in the official records in the Office of the Recorder of Whitman County, Washington.

II. No action commenced by the current Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrowers or Grantor’s default on the obligation secured by the Deed of Trust/Mortgage.

III. The Beneficiary alleges default of the Deed of Trust for failure to pay the following amounts now in arrears and/or other defaults: Payments $4,392.88 Interest $22,945.82 Escrow Payment $13,442.10 Grand Total $40,780.80 IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $64,448.14, together with interest as provided in the note or other instrument secured, 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 properly 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 May 20, 2016.

The defaults referred to in paragraph III must be cured by May 9, 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 May 9, 2016 (11 days before the sale date), the defaults as set forth in paragraph III are cured and the Trustee’s fees and costs are paid.

Payment must be in cash or with cashiers’ or certified check from a state or federally chartered bank.

The sale may be terminated any time after May 9, 2016 (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, 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 addresses: James W. Hughes 309 Alkali St Endicott, WA 99125 James W. Hughes 701 Storment Road Endicott, WA 99125 Sheri R Hughes 309 Alkali St Endicott, WA 99125 Sheri R Hughes 701 Storment Road Endicott, WA 99125 Occupant 309 Alkali St Endicott, WA 99125 by both first-class and certified mail on November 6, 2015, 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.

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

VIII. The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property.

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

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

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.

To access sale information, please go to salestrack.tdsf.com or call the automated sales line at: 888-988-6736.

Dated: January 8, 2016 North Cascade Trustee Services Inc., Duly Appointed Successor Trustee By Katherine Forneret, Authorized Signatory 801 Second Avenue, Suite 600 Seattle, Washington 98104 Telephone 1-855-676-9686 TAC: 991663 PUB: 4/21/16, 5/12/16 16 & 19

 

Reader Comments(0)