Legals August 19, 2016
TRUSTEE SALE NOTICE OF TRUSTEE'S SALE PURSUANT TO THE REVISED CODE OF WASHINGTON, I. NOTICE IS HEREBY GIVEN that the undersigned trustee will on the 2nd day of September 2016, at the hour of 10:00 a.m. at inside of the front door of the Police Building (Balsam Street Entrance) 401 South Balsam in the City of Moses Lake, State of Washington 97737, in the County of Grant, 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. PLEASE SEE ATTACHED; SITUATE IN THE MOSES LAKE, COUNTY OF GRANT, STATE OF WASHINGTON TR 50EAGLE SPRINGS RANCH PHASE 1 PARCEL NO. NOT ASSIGNED COMMONLY KNOWN AS: UNKNOWN, 40 ACRES. MOSES LAKE, WA 98837, which is subject to that certain deed of trust a Deed of Trust recorded under Auditor's/Recorder's File No. 1211485 from DAVID and CAROL ERSKINE, husband and wife, whose address is 29240 164th Ave., Kent, WA 98042, as Grantors, to SECURITY TITLE GUARANTY, Trustee, to secure an obligation in favor of FRANK KRAFT, whose address is 103 Rockingham Court, Longwood, FL 32779, as Beneficiary. That JOHN P. GLEESING, Attorney at Law, was appointed Successor Trustee by document recorded March 23, 2016, under Auditor's number 1360524. II. No action commenced by the Beneficiaries of the Deed of Trust are 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. III. The default for which time this foreclosure is made is as follows: Failure to pay the following, which is in arrears: Monthly Payments: Seventy (70) monthly payments at $420.00 each from August 1, 2010 to May 1, 2016, $29,400.00, One (1) partial payment in 2015 $260.00, Late Charges: Seventy-one (71) late charges of $21.00 for each monthly payment not made within 10 days of its due date $1,491.00, TOTAL MONTHLY PAYMENTS AND LATE CHARGES $31,151.00, b. Default other than failure to make monthly payments: Hazard Insurance, if unpaid; 2015 & 2016 Real Estate Taxes, if unpaid, IV. The sum owing on the obligation secured by the Deed of Trust is: Principal $63,000.00, together with interest as in the note provided from the 1st day of July 2010, and such other costs, fees and cross collateralization charges 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 said Deed of Trust as provided by statute. Said sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on the 2nd day of September 2016. The defaults referred to in paragraph III must be cured by the 22nd day of August 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 22nd day of August 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. The sale may be terminated by the Grantor any time after the 22nd day of August 2016 (11 days before the sale date) and before the sale by the grantor or his successor in interest or the holder of any recorded junior lien or encumbrance 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 grantor or his successor in interest at the following names and addresses: David Erskine, 29240 164th Avenue SE, Kent, WA 98042, Carol Erskine, 29240 164th Avenue SE, Kent, WA 98042 Residents of Property Subject to Foreclosure Sale, 40 ACRES. MOSES LAKE, WA 98837, by both first class and certified mail on the 25th day of March 2016, proof of which is in the possession of the trustee; and the Grantor or his successor in interest was personally served on the 29th day of March 2016, with said written notice of default or the written notice of default was posted in a conspicuous place on the real property ddescribed in paragraph I above, and the trustee has in his possession proof of such service or posting. VII. The trustee whose name and address is 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 him 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. [ONLY IF APPLICABLE UNDER RCW 61.24.040(9) 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 and 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.] If you are a tenant or subtenant in possession of the property that was purchased, pursuant to Section 4 of this act, the purchaser at the Trustee's sale may either give you a new rental agreement OR give you a written notice to vacate the property in sixty (60) days or more before the end of the monthly rental period. 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 Trustee's Sale; (3) Guarantors will have no right to redeem the Property after the Trustee' 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 and Deed of Trust granted to secure the same debt; and (5) in any action for a deficiency, the Guarantors will have the right to establish the fair value or 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. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A TRACT 50 is a 40.09 acre parcel of land located the Northwest quarter of the Southwest quarter Section 21, Township 21 North, Range 30 East of the Willamette Meridian Grant County, Washington State, according to the plat of Eagle Springs Ranch Phase 1, dated November 9th, 2006, under Auditor's file number 1203458 of said County records, Said parcel being more particularly described as follows: Basis of Bearing and distances being Washington Grid South Zone per said survey. Multiply a combined scale factor of 1.00007 3 5494 to derive ground distances if desired. COMMENCING AT the South quarter corner of said section 21 found US Bureau of Reclamation brass cap monument; thence North 01841'11" West along the East line of Tract 56 a distance of 1205.60 feet; thence South 88818'49" West along the North line of Tract 56 a distance of 1200.46; thence North 0854'04" West a distance of 157.13 feet to the Southeast corner of Tract 50 and the TRUE POINT OF BEGININNING thence North 89836'46" West a distance of 1378.05 feet; Thence, along a non-tangent curve to the right having a radius of 275.00 feet; a central angle of 19814'59", a tangent length of 46.64 feet; , the long chord of which bears North 40802'27" East for a distance of 91.96 feet; with a radial line in of South 59835'03" East and a radial line out of North 40820'04" West for an arc length of 92.39 feet; thence North 49839'56" East a distance of 68.37 feet; Thence, 172.64 feet; along a tangent curve to the left with a radius of 100.00 feet; a central angle of 98854'50", a chord bearing of North 00812'31" East for a chord distance of 151.98 feet; ; thence North 49814'54" West a distance of 117.80 feet; Thence, 211.72 feet; along a tangent curve to the right with a radius of 100.00 feet; , a central angle of 121818'25", a chord bearing of North 11824' 1 9" East for a chord distance of 174.33 feet; thence North 72803'3 1" East a distance of 167.13 feet; Thence, 246.26 feet; along a tangent curve to the left with a radius of 100.00 feet; , a central angle of 141805'51", a chord bearing of North 01830'35" East for a chord distance of 188.59 feet; ; thence North 69802'20" West a distance of 256.48 feet; Thence, 118.97 feet; along at tangent curve to the right with a radius of 100.00 feet; , a central angle of 68809'54", a chord bearing of North 34857'23" West for a chord distance of 112.08 feet; ; thence North 00852'26" West a distance of 32.13 feet; Thence, 99.80 feet; along a tangent curve to the left with a radius of 200.00 feet; , a central angle of 28835'25", a chord bearing of North 15810'09" West for a chord distance of 98.77 feet; thence North 29827'5 1" West a distance of 111.86 feet; Thence, 57.41 feet; along a tangent curve to the right with a radius of 100.00 feet; , a central angle of 32853'27", a chord bearing of North 13801'08" West for a chord distance of 56.62 feet; ; thence North 03825'36" East a distance of 94.92 feet; Thence, along a non-tangent curve to the left having a radius of 3000.00 feet; , a central angle of 06823'01", a tangent length of 167.30 feet; , the long chord of which bears South 87 83 1'42" East for a distance of 334.08 feet; with a radial line in of North 0583 9'49" East and a radial line out of South 00843'13" East for an arc length of 334.25 feet; ; thence North 89816'47" East a distance of 1037.23 feet; thence North 89816'47" East a distance of 154.91 feet; thence South 01800'3 8" East a distance of 1322.90 feet; To the TRUE POINT OF BEGINNING. CONTAINING: 40.09 acres of land, more or 'less. Subject to private road easement along the Westerly, and Northerly lines line thereof according to said survey. Subject to easements, reservations, and covenants of Eagle Springs Ranch Phase 1, per said survey recorded in Grant County, Washington. #08008/5221378 Pub: July 29, 2016 & August 19, 2016
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON AT SPOKANE ZB, N.A., dba California Bank & Trust, | Case No. 2:12-CV-00161 LRS successor by merger to California Bank | & Trust, a California banking corporation, | NOTICE OF U.S. MARSHAL'S SALE Plaintiff, | | v. | | SHILO INN, MOSES LAKE, INC., a | Washington corporation; MOSES LAKE | FOOD MART, INC., a Washington | corporation; and KOHLI INVESTMENT, INC., | d/b/a Sunval Express, a Washington | corporation, | | Defendants. | TO: SHILO INN, MOSES LAKE, INC., a Washington corporation; MOSES LAKE, INC., a Washington corporation; and KOHLI INVESTMENT, INC., d/b/a Sunval Express, a Washington corporation The District Court for the United States of America for the Eastern District of Washington by virtue of an Order Granting Plaintiff's Motion for Amendment of Foreclosure Order, Entry of Writ of Execution, and Amendment of Caption dated May 25, 2016, has directed the undersigned to sell the property described below and to deposit the money from the sale of the Property into the Registry of the Court in the above-entitled action. The debtors can avoid the sale by paying, in full, the amount of $4,234,371.48, together with interest, costs, and fees (including but not limited to fees and costs incurred by the Court-appointed Receiver), less any payments applied, before the sale date. For the exact amount, contact the Marshal at the address stated below. The Marshal has been informed that there is not sufficient personal property to satisfy the indebtedness and that if the debtor or debtors do have sufficient personal property to satisfy the indebtedness the debtor or debtors should contact the Marshal's office immediately. The Property to be sold is as follows: REAL PROPERTY AND PERSONAL PROPERTY Real Property and Personal Property described in Exhibit 1, attached hereto, including but not limited to land, hotel building, fuel station, and personal property identified by categories in Exhibit 1 PROPERTY STREET ADDRESS 1819 East Kittleson Road, Moses Lake, WA 98837 SALE OF PROPERTY The sale of the above described property is to take place as follows: Sale of Real and Personal Property: Time: 1:30 PM Date: Friday, September 9, 2016 Place: Grant County Courthouse The debtors can avoid the sale by paying, in full, the amount of $4,234,371.48 together with interest, costs, and fees into the registry of the Court before the sale date. For the exact amount, contact the Marshal at the address stated below: United States Marshal Eastern District of Washington Post Office Box 1463 West Riverside Avenue, Suite 200 Spokane, Washington 99210 The property is subject to: X No Redemption rights on real or personal property Under the terms of paragraph 8 of the "Order Granting Plaintiff's Motion for Amendment of Foreclosure Order, Entry of Writ of Execution, and Amendment of Caption," dated May 25, 2016, there is no redemption period: "Any purchaser at the sale(s) is entitled to exclusive possession of the Property from and after the date of sale(s) and is entitled to such remedies as are available at law to secure possession." This Execution is to be issued as a foreclosure on real and personal property. Dated this 2nd day of August, 2016. By /s/ Craig E. Thayer Craig E. Thayer United States Marshal Eastern District of Washington Post Office Box 1463 West Riverside Avenue, Suite 200 Spokane, Washington 99210 cc: Eric D. Lansverk Hillis Clark Martin & Peterson 999 Third Avenue, Suite 4600 Seattle, WA, 98104 206-623-1745 ND: 20772.10101 4832-3247-4930v2 Exhibit 1 to the Notice of Marshal's Sale UCC Financing Agreement filed November 1, 2005 Debtor: SHILO INN, MOSES LAKE, INC. Secured Party: CALIFORNIA BANK & TRUST, as assignee of the FDIC, as receiver for Vineyard Bank, N.A. Item No. 4: All inventory, Chattel Paper, Accounts, Equipment, General Intangibles and Fixtures; whether any of the foregoing is owned now or acquired later; all accessions, additions, replacements, and substitutions, relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceedings relating to any of the foregoing (including insurance, general intangibles and other accounting proceeds). See Exhibit "A" for real property description attached hereto and made a part hereof. EXHIBIT A To UCC Financing Statement filed on November 1, 2005 and To Deed of Trust filed on November 1, 2005 REAL PROPERTY That certain real property located in the County of Grant, State of Washington and described as follows: Lot 2, Shilo Short Plat, according to the plat thereof recorded in Volume 3 of Short Plats, page 42, records of Grant County, Washington, being a portion of Farm Unit 124, Irrigation Block 41, Columbia Basin Project, and a portion of the Northwest quarter of the Northeast quarter of Section 36, Township 19 North, Range 28 E.W.M., described as follows: Commencing at the North quarter corner of said Section 36; thence South 89820'15" East, 702.37 feet along the North line of said Section 36; thence South 00839'45" West, 30 feet to the True Point of Beginning; thence South 00839'45" West, 468.82 feet to a point on the Northerly right of way of S.R. 90 Highway; thence Westerly 140.61 feet along a 375 feet radius curve to the left (whose long chord bears South 79852'18" West, 139.79 feet); thence North 80852'21" West, 43.75 feet to a point 75 feet perpendicular to the center line of S.R. 17 Highway; thence North 35852'41" West, 287.31 feet; thence South 89820'15'' East, 73.17 feet; thence North 00839'45" East, 182.99 feet; thence North 03842'02" West, 59.91 feet; thence North 00839'45" East, 15 feet to a point on the Southerly right of way line of Kittleson Road; thence along said right of way line South 89820'15" East, 283.04 feet to the True Point of Beginning. Schedule 1 to UCC-1 Financing Statement filed March 6, 2012 Debtor: SHILO INN, MOSES LAKE, INC. Secured Party: CALIFORNIA BANK & TRUST, as assignee of the FDIC, as receiver for Vineyard Bank, N.A. Item No. 4: Debtor has granted to Secured Party a security interest in the following (collectively, the "Collateral"), some or all which may be located on the real property described on Exhibit "A" attached hereto and incorporated herein by this reference (the "Real Property"): All of Debtor's right, title and leasehold interest in and to the Real Property, 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 minerals, oil, gas, geothermal and similar matters. Together with all of Debtor's right, title and interest in and to all present and future leases of the Real Property and the improvements located thereon and all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived therefrom. Together with the following described property, whether now owned or hereafter acquired, whether now existing or hereafter arising, and wherever located: (A) All accessions, attachments, accessories, tools, parts, supplies, replacements of and additions to any of the Collateral described herein, whether added now or later. (B) All products and produce of any of the Collateral. (C) All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of a sale, lease, consignment or other disposition of any of the Collateral. (D) All proceeds (including insurance proceeds) from the sale, destruction, loss, or other
disposition of any of the Collateral, and sums due from a third party who has damaged or destroyed the Collateral or from that party's insurer, whether due to judgment, settlement or other process. (E) All records and data relating to any of the Collateral, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with all of Debtor's right, title, and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media. (F) All Inventory, Chattel Paper, Accounts, Equipment, General Intangibles and Fixtures, as such terms are defined in the Uniform Commercial Code. #08032/5261253/5261328 Pub: August 5, 12, 19 & 26 ,2016
NOTICE IS HEREBY GIVEN THAT AN OPEN RECORD PUBLIC HEARING WILL BE HELD August 29, 2016 at 11:00 a.m. in the Grant County Commissioners Hearing Room, Courthouse, Ephrata, WA to consider a budget extension request from the Grant County Auditor's Office ? Accounting Department in the amount of 51,654.96 to the Grant County Fair ? Restroom Replacement project fund. Any interested persons may appear regarding these matters. Barbara J. Vasquez, CMC Administrative Assistant & Clerk of the Board Grant County Commissioners #08035/5270428 Pub: August 12, 19, 2016
Revised Notice for Special Meeting In Accordance with RCW 42.30, Special Meetings, notice is hereby given that a Special Study Session will be held by the Commissioners of the Port of Moses Lake on Monday, August 22, 2016 from 09:00 a.m. to 10:00 a.m., at the Terminal Building, Grant County International Airport, for the purpose of providing updates on the Northern Columbia Basin Railroad Project. Jeffrey Bishop Executive Director #08039/5270507 Pub: August 12, 19, 2016
Notice of Application August 19, 2016 Notice is hereby given that a Short Subdivision application was received by Grant County on August 3, 2016 from Freeman Farms Land LLC (Designated Contact: Prairie Land Survey (Jim Keyes), 5134 Rd E.7 NE, Moses Lake, WA 98837), was found to be technically complete on August 11, 2016. PROJECT: A Short Subdivision of one parcel approximately 133.97 acres to create three (3) lots in the Agricultural zone. Lot 1 will be approximately 1.54 acres in size with a residence and shop. Lot 2 will be 1.53 acres with an existing residence and storage building. Lot 3 will be 130.90 acres which will continue to be farmed containing a building envelope for future development. LOCATION: The project site is located at 16707 Rd 11 SE, approximately 5.5 miles southwest of Warden, WA. The site is located in the east O of Section 35, Township 17 North, Range 29 East, W.M., Grant County, WA. Parcel #19-1423-000. ZONING: Agriculture. PUBLIC HEARING: None. CONSISTENCY STATEMENT: This proposal is subject to and shall be consistent with Grant County Code, International Building Code, and International Fire Code. Copies of application materials (File #P16-0283) are available from Connor Lange, Grant County Planning Department, 264 West Division Avenue, PO Box 37, Ephrata, WA 98823, (509) 754-2011, ext. 2525, clange@grantcountywa.gov. Front Office hours: 8 am-12 noon, 1-4 pm, M-F. Comments must be submitted to the Planning Department no later than September 6, 2016. Comments should be as specific as possible and may be mailed, hand-delivered, or sent by facsimile. All persons, agencies, or tribes have the right to comment, receive notice, participate in any hearings, request a copy of the final decision, and/or appeal the decision as provided by law and County Code. This may be the only opportunity to comment on the above listed materials. #08046/5276402 Pub: August 19, 2016
SUPERIOR COURT OF WASHINGTON FOR GRANT COUNTY Estate of | | NO. 16-4-00080-4 | MONROE MASHBURN, | PROBATE NOTICE TO | CREDITORS | (RCW 11.40.030) | | Deceased. | PLEASE TAKE NOTICE The above Court has appointed me as Personal Representative of Decedent's estate. Any person having a claim against the Decedent must present the claim: (a) Before the time when the claim would be barred by any applicable statute of limitations, and (b) In the manner provided in RCW 11.40.070: (i) By filing the original of the claim with the foregoing Court, and (ii) By serving on or mailing to me at the address below a copy of the claim. The claim must be presented by the later of: (a) Thirty (30) days after I served or mailed this Notice as provided in RCW 11.40.020(1)(c), or (b) Four (4) months after the date of first publication of this Notice. If the claim is not presented within this time period, the claim will be forever barred except as provided in RCW 11.40.051 and 11.40.060. This bar is effective for claims against both the Decedent's probate and non-probate assets. Date of First Publication of this Notice: August 19, 2016 Decedent's SSN (for WDSHS only): _____________________________ Brian Chase Attorney for Personal Representative 209 Central Avenue S., Quincy WA 98848 #09006/5282168 Pub: August 19, 26, 2016 & September 2, 2016