SUPERIOR COURT OF THE STATE OF WASHINGTON FOR GRANT COUNTY
In the Matter of the Estate of
FRED W. FROESE, NO. 08-4-00112-5
Deceased. NON-PROBATE
NOTICE TO CREDITORS
The notice agent named below has elected to give notice to creditors of the above-named decendent. As of the date of the filing of a copy of this notice with the court, the notice agent has no knowledge of any other person acting as notice agent or of the appointment of a personal representative of the decendent's estate in the state of Washington. According to the records of the court as are available on the date of the filing of this notice with the court, a cause number regarding the decendent has not been issued to any other notice agent and a personal representative of the decendent's estate has not been appointed.
Any person having a claim against the decendent must, before the time the claim would be barred by any otherwise applicable statute of limitations, present the claim in the manner as provided in RCW 11.42.070 by serving on or mailing to the notice agent or the notice agent's attorney at the address stated below a copy of the claim and filing the original of the claim with the court. The claim must be presented within the later of: (1) Thirty days after the notice agent served or mailed the notice to the creditor as provided under RCW 11.42.020(2)(c); or (2) four months after the date of first publication of the notice. If the claim is not presented within this time frame, the claim is forever barred, except as otherwise provided in RCW 11.42.050 and 11.42.060. This bar is effective as to claims against both the decendent's probate and nonprobate assets.
Date of First Publication: August 11, 2008
Notice Agent: EDWARD A. FROESE
Attorney for the Notice Agent: Terrance M. FROESE
Address for Mailing Service: PO Box 999
1004 7th Street, #208
Anacortes, WA 98221
The notice agent declares under penalty of purjury under the laws of the state of Washington on Aug. 6, 2008 at Moses Lake, Washington that the foregoing is true and correct.
/s/ EDWARD A. FROESE
(PRINT) EDWARD A. FROESE
Notice Agent
#08031
Pub.: August 11, 18, 25, 2008
Recorded at the Request of:
Michael D. Bohonnon, PLLC
P.O. Box 2326
Poulsbo, WA 98370
NOTICE OF TRUSTEE'S SALE
Reference Number: 961113019
Grantor: Luis C. Gutierrez and Leona Guttierrez, husband and wife
Grantee: Green Tree Servicing LLC
Legal Description: Lot 9, Block 4, Jeske Addition to Warden, Vol. 3 of Plats, Pg. 37, of Grant County, WA
Tax Parcel Number: 06-1421-000
Pursuant to the Revised Code of Washington, Chapter 61.24 RCW:
I
NOTICE IS HEREBY GIVEN that the undersigned Trustee will on September 26, 2008, at 10:00 a.m., at the main entrance of the Grant County Courthouse, located at 35 C Street NW, Ephrata, 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 Grant, State of Washington, to wit:
Lot 9, Block 4, Jeske Addition to Warden, according to the plat thereof recorded in Volume 3 of Plats, Page 37, records of Grant County, Washington.
TOGETHER WITH that certain personal property described as a 1995 Guerdon mandufactured home situated thereon, VIN GDST0R039517253.
The aforedescribed real property is subject to that certain Deed of Trust dated November 1, 1996, recorded November 12, 1996, under Auditor's File No. 961113019, of Grant County, State of Washington from Luis C. Gutierrez and Leona Gutierrez, Grantors, to Security Title Guaranty, Trustee to secure and obligation in favor of Green Tree Servicing LLC, who as the original Beneficiary or due to assignment, is now the current Beneficiary. The sale will be made without any warranty concerning the title to, or the condition of, the property.
II
No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation secured by the Deed of Trust in any Court by reason of the Borrowers or Grantors default on the obligation secured by the Deed of Trust.
III
The Beneficiary alleges default of the Deed of Trust for failure to pay the following amounts now in arrears and/or other defaults:
A. Monthly payments $ 2,349.38
B. Late charges $ 97.88
C. Delinquent taxes $ 428.53
D. Other arrearages $ 1,574.25
Total arrearages $4,450.04
E. Trustee's expenses
Trustee's or Attorney fee $ 750.00
Title report $ 453.18
Process service $ 260.00
Long distance $ 20.00
Recording fees $ 79.00
Statutory mailings $ 77.00
Photocopies $ 51.33
Publication (estimate) $ 800.00
Total costs $2,490.51
Total Estimated Reinstated Amount as of September 15, 2008: $6,940.55
Other potential defaults do not involve payment to the Beneficiary of the obligation secured by the Deed of Trust. If applicable, each of these defaults must also be cured. Listed beloware categories of common defaults which are or may be applicabe. Opposite each such listed default is a brief description of the action/documentation necessary to cure the default. The list does not exhaust all possible other defaults; any defaults identified by Beneficiary or Trustee that are not listed below must also be cured.
OTHER DEFAULT ACTION NECESSARY TO CURE
Non payment of Taxes/Assessments Deliver to Trustee written proof that all taxes and assessments against the property are paid current.
Default under any senior liens Deliver to Trustee written proof that all senior liens are paid
current and that no other defaults exist.
Failure to insure property against hazard Deliver to Trustee written proof that the property is insured against hazard as required by the Deed of Trust.
Waste Cease and desist from committing waste, repair all damage to property and maintain property as required in Deed of Trust.
Unauthorized sale of property (Due on Sale) Revert title to permitted vestee.
IV
The sum owing on obligation secured by the Deed of Trust is: Principal $41,743.02, together with interest as provided in the underlying Note and such other costs and fees as are due under the Note and Deed of Trust 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 September 26, 2008. the defaults referred to in Paragraph III must be cured by September 15, 2008, to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before September 15, 2008, the defaults as set forth in Paragaph III are cured and the Trustee's fees and costs are paid. The sale may be terminated any time after September 15, 2008, and before the sale by the Borrowers, Grantors, any Guarantor, their successor in interest or the holder of any recorded junior lien or encumbrance, by 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 Borrowers or Grantor at the following addresses:
Luis c. Gutierrez & Leona Gutierrez Occupant Luis C. Gutierrez & Leona Gutierrez
613 W. 10th Street 613 W. 10th Street 1004 S. Adams
Warden, WA 98857 Warden, WA 98857 Warden, WA 98857
Luis C. Gutierrez & Leona Gutierrez
P.O. Box 213
Warden, Wa 98857
by both first class mail and certified mail on April 24, 2008, proof of which is in the possession of the Trustee; and the Borrowers and the Grantors were personally served on May 2, 2008 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.
Michael D. Bohannon, Trustee
19586 10th Avenue NE, Suite 300
P.O. Box 2326
Poulsbo, WA 98370
(360) 779-6665
VIII
The effect of the sale will be to deprive the Grantors and all those who hold by, through or under the Grantors of all their interst in the above-described property.
IX
Anyone having any objection to the sale on any grounds whatsoever is afforded an opportunity to be heard as to those objection if they bring a lawsuit to restrain the sale pursuant to the RCW 61.24.130. Failure to biring 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 entitle to possession of the property on the 20th day following the sale as against the Grantors under the deed of trust (the owner) and anyone having and interest junior to the deed of trust, including occupants or tenants. After the 20th day following the sale, the purchaser has the right to evict occupants and tenants by summary proceedings under the Unlawful Detainer Act, Chapter 59.12 RCW.
XI
NOTICE TO GUARANTORS
If this Notice is being mailed or directed to any Guarantor, said Guarantor should be advised that: (1) the Guarantor may be liable for a deficiency judgment to the extent the sale price obtained at the trustee's sale is less then 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 Grantors in order to avoid the trustee's sale; (3) the Guarantor will have no right to redeem the property after 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.
DATED this June 11, 2008.
MICHAEL D. BOHANNON, Trustee
For further information please call (360) 779-6665
#09004
Pub.: August 25, September 2, 2008
City of Moses Lake
Notice of Application
and Public Hearing
The City of Moses Lake has received the following applications:
1. Morgan Manor Major Plat: Wayne Morgan submitted an application for a major subdivision on June 19, 2008. Additional required information was submitted on Aug. 5. The application was determined to be complete and ready for review on Aug. 19. The project is to subdivides 8 acres of land into 3 multi-family lots. The site is located at the northwest corner of Valley road and Grape Drive, in the R-3, multi-family zone.
2. Grace Harvest Church Major Plat: Dave Hubbard submitted an application for a one-lot major subdivision on July 29, 2008. The application was determined to be complete and ready for review on Aug. 20. The site is 7.38 acres and is located south of Jones Avenue, east of Division Street, north of Linden Avenue, in the R-1, Single Family Zone.
These project have been determined to be consistent with the city's Comprehensive Plan, and the following development regulations are applicable to the projects: Moses Lake Municipal Code (MLMC) Title 14: Environmental Regulations, Title 17: Subdivisions, Title 18: Zoning, and Title 20: Development Review Process.
The Planning Commission will conduct public hearings on September 25, 2008 at 7:00 p.m. in the City Council chambers located at 401 Balsam Street. All interested persons are encouraged to attend and provide comment.
Written comments on the environmental impacts of these proposals will be accepted until 5:00 p.m. on Sept. 3, 2008. Written comments on other aspects of these proposals will be accepted until 5:00 p.m. on the date of the public hearing. Persons who want to be informed of future actions, or the final decision, on these proposals should provide their name and address to the project planner. The final decisions on these proposals will be and within 120 days of the date of the notice of completeness and may be appealed according to the City appeal provisions specified in MLMC 20.11, Appeals. For more information call Anne Henning at 766-9287. Submit written comments by mail to City of Moses Lake Community Development Department, P.O. Box 1579, Moses Lake, WA 98837. Copies of the information related to these applications are available for review at City Hall, 321 S. Balsam, Moses Lake.
Date of Notice: Aug. 20, 2008
#08053
Pub.: August 25, 2008
Notice of Application, MDNS and Public Hearing
The City of Othello Planning Department has received a complete application from Olsen Homes LLC, for a major subdivision of 33 Residential lots described as a portion of the SE quarter of Section 3, Township 15N, Range 29E, W.M., Othello, Adams County, Washington.
The City of Othello has sent out an MDNS (mitigated determination of non-significance) and SEPA checklist. The comment period closed on August 15th, 2008 for all SEPA comments.
A public hearing in reference to this subdivision will be held before the Planning Commission on September 18, 2008 at 6:00 pm, at 500 E. Main Street, Othello, WA 99344
To schedule an appointment to review information on this project or for questions in reference to this project you can contact Serena Martinez at Othello City Hall 500 E. Main Street, Othello, WA 99344 (509) 488-3302 or at landuse@othellowashington.us.
#08054
Pub.: August 25, 2008