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Legal Notices November 19, 2008

Submitted by Webmaster on December 28, 2007 - 3:03pm.

LEGAL
SUMMARY OF ORDINANCE NO. 682
Everson, Washington
The following is a summary of Ordinance 682, adopted by the City of Everson, Washington on November 10, 2008 and published under authority of RCW 35A.12.160:

AN ORDINANCE ADOPTING THE 2008 BUDGET FOR THE CITY OF EVERSON FOR THE FISCAL YEAR ENDING DECEMBER 31, 2008, AND IN SO DOING AMENDING ORDINANCE NO.670.

A copy of Ordinance No. 682 is available for public inspection in the office of the Clerk Treasurer/City Administrator, at City Hall during business hours. The full text of Ordinance No. 682 will be mailed without charge, to any person who requests the same from the Clerk.
Published November 19, 2008
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LEGAL
SUMMARY OF ORDINANCE NO. 683
Everson, Washington
The following is a summary of Ordinance 683, adopted by the City of Everson, Washington on November 10, 2008 and published under authority of RCW 35A.12.160:

AN ORDINANCE AMENDING THE 2008 BUDGET of the CITY of EVERSON AS ADOPTED BY ORDINANCE #670

A copy of Ordinance No. 683 is available for public inspection in the office of the Clerk Treasurer/City Administrator, at City Hall during business hours. The full text of Ordinance No. 683 will be mailed without charge, to any person who requests the same from the Clerk.
Published November 19, 2008
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LEGAL
SUMMARY OF ORDINANCE NO. 684
Everson, Washington
The following is a summary of Ordinance 684, adopted by the City of Everson, Washington on November 10, 2008 and published under authority of RCW 35A.12.160:

AN ORDINANCE CREATING A NEW FUND IN THE CITY BUDGET ENTITLED BUILDING CAPITAL IMPROVEMENT FUND AND THEREBY AMENDING THE 2008 BUDGET FOR THE CITY OF EVERSON FOR THE FISCAL YEAR ENDING DECEMBER 31, 2008, AND IN SO DOING AMENDING ORDINANCE NO. 670.

A copy of Ordinance No. 684 is available for public inspection in the office of the Clerk Treasurer/City Administrator, at City Hall during business hours. The full text of Ordinance No. 684 will be mailed without charge, to any person who requests the same from the Clerk.
Published November 19, 2008
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LEGAL
SUMMARY OF ORDINANCE NO. 685
Everson, Washington
The following is a summary of Ordinance 685, adopted by the City of Everson, Washington on November 10, 2008 and published under authority of RCW 35A.12.160:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EVERSON, WASHINGTON, INCREASING THE REAL PROPERTY TAX LEVY.

A copy of Ordinance No. 685 is available for public inspection in the office of the Clerk Treasurer/City Administrator, at City Hall during business hours. The full text of Ordinance No. 685 will be mailed without charge, to any person who requests the same from the Clerk.
Published November 19, 2008
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LEGAL
CITY OF EVERSON
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing on the City of Everson’s Preliminary Budget will be held at Everson City Hall 111 W. Main St, on Tuesday November 25th. All interested parties wishing to comment may appear at said time and place.
Notice is the preliminary 2009 budget has been filed with the City Clerk and may be examined at the City Clerk’s Office.

NOTICE IS FURTHER GIVEN that a special public hearing on the Final 2009 City of Everson budget will be held on December 9th, 2008 at 7:00 PM. Any taxpayer may appear and be heard, either for or against any part of the budget with written or oral comments. Anyone with special needs or disabilities that will be attending the meeting should contact City Hall at 966-3411 at least 24 hours in advance.
Debra A. Davidsen
Clerk Treasurer / City Administrator
City of Everson
Published November 19 & 26 2008
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LEGAL
CITY OF EVERSON
NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Everson City Council will hold a Public Hearing on November 25th regarding amending the 2008 budget. The hearing will be held at 7:00 pm at Everson City Hall, 111 West Main Street Everson, WA 98247.

Debra A. Davidsen
City of Everson
Clerk Treasurer/City Administrator
Published November 19, 2008
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LEGAL
INVITATION FOR BID
CITY OF LYNDEN
PUBLIC RESTROOMS
CITY PROJECT NO. 2007-11

ADVERTISEMENT FOR BIDS
A. GENERAL INFORMATION

1. Sealed bids for the Public Restrooms, Lynden, Washington, will be received by the City of Lynden at the Lynden City Hall Public Works counter upstairs, 323 Front St. Lynden, WA. (360) 354-3446, on or before 3:00 p.m. December 2, 2008. Bids will be opened and read aloud at this time and place.
2. Project Name: Lynden Public Restrooms
3. Owner: City of Lynden
Lynden, Washington
Pre-bid Meeting and Site Visit: November 20, 2008 at 2:00 p.m. Location: Lynden City Hall, 323 Front St. Lynden, WA on the second floor in the public works conference room. Attendance at the Pre-Bid meeting and site visit is Non-Mandatory. Generals & major subcontractors are encouraged to attend. This meeting should be attended by a representative qualified to comprehend the contract documents for this project, and the probable or possible difficulties and opportunities this project represents. A roster of those attending will be issued to all plan holders by addendum following the meeting.
5. Architect: Stewart + King Architects Inc.
401 Harris Ave.
Bellingham, WA 98225
(360) 733-2100
6. Owner: City of Lynden
B. BIDDING
1. Deliver sealed bids on the enclosed bid form at the time and place noted above.
2. Bid submission must include a surety company bid bond on a form acceptable to Owner, a bid bond, cashier’s check or a certified check payable to the order of the City of Lynden, in an amount not less than five percent (5%) of the Base Bid plus all additive bids. The bid bond must be issued by a bonding company licensed to transact business in the locality of the project in conformance with Washington State Statutes.
3. No bidder may withdraw its bid after the time set for bid opening, unless award is delayed for a period exceeding 60 days.
4. The City of Lynden reserves the right to reject any or all bids, and to waive informalities or irregularities in the bids received.
5. Performance Bond and Payment Bond in the amount of 100 percent of the amount of the bid will be required.
6. Bid Documents are available for purchase on CD-Rom for $15 each at The Print Stop, 514 Front St. Lynden, WA. (360) 354-5100. Paper plans and specs are available for the cost of printing – this is non-refundable. Verify actual costs with The Print Stop. Allow 24 hours advance notice for ordering.
7. Documents are available for viewing at the WCR Plan Center, 2215 Midway Ln, Ste 208, Bellingham, WA 98226. (360) 738-0370. www.wcrinc.com.
C. PROJECT
1. Description of the Work: New Building of 670 square foot one-story wood-framed public restroom facility. Plumbing and mechanical systems are included, electrical work is by others. All site work is by others including utility service to building.

All bidders are advised to examine the site to become familiar with all site conditions. The site is located at 324 Front Street Lynden, WA.
Published November 12 & 19, 2008
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LEGAL
CALL FOR BIDS
FOR
PRINTING CITY NEWSLETTER
BID NO. 2009-2

NOTICE IS HEREBY GIVEN that the City of Lynden is accepting bids for the printing of the City newsletter for the 2009 calendar year.

A Specification Sheet may be obtained from the Mayor’s office at 323 Front Street, Lynden, Washington. Bids must be submitted in a sealed envelope marked Bid No. 2009-2, Newsletter Publication. The City will receive bids until 10:00 A.M. Wednesday, November 26, 2008 at the Mayor’s office.

The opening of the bids will take place at Lynden City Hall on Wednesday, November 26, 2008 at 11:00 A.M. The bids will be submitted to the Council for consideration at its regular meeting on December 15, 2008.

The City of Lynden reserves the right to reject any and/or all bids.

Bill Verwolf
City Administrator
Published November 12 & 19, 2008
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LEGAL
CALL FOR BIDS
LEGAL PUBLICATIONS
BID NO. 2009-3

NOTICE IS HEREBY GIVEN that the City of Lynden is accepting bids for the 2009 calendar year for the publication of all legal notices and ordinances as required by Washington State Law RCW 35.23.352.

Bids will be accepted only from qualified legal newspapers which have substantial circulation within the Lynden City limits. Bids must state the number of paid subscriptions for addresses within Lynden City limits as of November 1, 2008. Estimates may be given in lieu of exact paid subscriptions.

Specification Bid Forms may be obtained from the Mayor’s office at 323 Front Street, Lynden, Washington. Bids must be submitted in a sealed envelope marked Bid No. 2009-3, Legal Publications. The City will receive bids until 10:00 A.M. Wednesday, November 26, 2008, at the Mayor’s office.

The City of Lynden reserves the right to reject any and/or all bids.

Bill Verwolf
City Administrator
Published November 12 & 19, 2008
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LEGAL
NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the Mayor of the City of Lynden has filed the 2009 Preliminary Budget with the Finance Director. A public hearing on the Preliminary Budget and Property Tax Levy was held at 7:00PM on Monday, November 3, 2008. A public hearing on the Final Budget will be held at 7:00PM at the Lynden City Hall Annex on Monday, December 1, 2008. All interested parties wishing to comment may appear at said time and place. Written comments will be accepted through 4:00 PM Monday, December 1, 2008.

Copies of the 2009 Preliminary Budget are available for public view in the Mayor’s Office and the Finance Director’s Office (between the hours of 9:00 AM and 4:00 PM, Monday through Friday) and the Lynden Public Library.

Teresa L. Camfield, CPA
Finance Director
Published November 19 & 26, 2008
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LEGAL
CITY OF LYNDEN
NOTICE
PUBLIC MEETING

NOTICE IS HEREBY GIVEN that the Lynden City Council will hold a special Council meeting to discuss the budget for year 2009 and to take action on Resolution No. 796 regarding Referendum 47. The meeting will take place at 7:00 P.M. on November 24, 2008 at the City Hall Annex, 205 4th Street, Lynden.
Bill Verwolf
City Administrator
Published November 19, 2008
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LEGAL
SUMMARY OF ORDINANCE NO. 1516
The following is a summary of Ordinance 1516 as adopted by the Sumas City Council during the course of their regular meeting of October 27, 2008. This is published under the authority of RCW 35a.65.020. The ordinance is entitled “An Ordinance of the City of Sumas, Whatcom County, Washington, Establishing a System Development Charge for the Sumas Storm Water Utility and Adding Section 13.67.065 to the Sumas Municipal Code.” Copies of the Ordinance are available at the office of the City Clerk.

Geri Lewis
City Clerk
City of Sumas
Published November 19, 2008
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LEGAL
SUMMARY OF ORDINANCE NO. 1517
The following is a summary of Ordinance 1517 as adopted by the Sumas City Council during the course of their regular meeting of November 10, 2008. This is published under the authority of RCW 35a.65.020. The ordinance is entitled “An Ordinance of the City of Sumas, Whatcom County, Washington, Setting the Property Tax Levy for 2009.” Copies of the Ordinance are available at the office of the City Clerk.

Geri Lewis
City Clerk
City of Sumas
Published November 19, 2008
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LEGAL
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Sumas City Council will hold a final public hearing on the 2009 Budget for the City of Sumas on December 8, 2008 at 7:00pm in council chambers. Any taxpayer may appear and be heard for or against any part of the budget with written or oral comments.

Geri Lewis
City Clerk
City of Sumas
Published November 19 & 26, 2008
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LEGAL
NOTICE OF PUBLIC HEARING
The City of Sumas hereby gives notice that the Sumas City Council will hold a public hearing regarding proposed Ordinance No. 1518 to adopt the 2008 update of the Sumas comprehensive plan. The proposed ordinance addresses the comprehensive plan map amendment and site-specific rezone of the Warren property located at 4235 Rock Road. The public hearing will be held at Sumas City Hall at 7:00 P.M. on December 8, 2008. Any party may submit written or oral comments at the hearing. The complete ordinance is available for review at Sumas City Hall during normal business hours.

Sumas City Hall
433 Cherry Street
P.O. Box 9
Sumas, WA 98295
Published November 19, 2008
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LEGAL
NOTICE OF PUBLIC HEARING
The City of Sumas hereby gives notice that the Sumas City Council will hold a public hearing regarding proposed Ordinance No. 1519 amending Chapter 20.20 of the Sumas Municipal Code and changing the uses allowed in the Agricultural zoning district, including allowing development of one single-family residence on a legal lot of record as a conditional use. The public hearing will be held at Sumas City Hall at 7:00 P.M. on December 8, 2008. Any party may submit written or oral comments at the hearing. The complete ordinance is available for review at Sumas City Hall during normal business hours.

Sumas City Hall
433 Cherry Street
P.O. Box 9
Sumas, WA 98295
Published November 19, 2008
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LEGAL
NOTICE OF PUBLIC HEARING
The City of Sumas hereby gives notice that the Sumas City Council will hold a public hearing regarding proposed Ordinance No. 1520 amending Chapter 20.44 of the Sumas Municipal Code and changing the uses allowed in the Industrial zoning district, including prohibiting freight operations and terminals involving the storage or transport of garbage or refuse and allowing certain go-kart tracks as a conditional use. The public hearing will be held at Sumas City Hall at 7:00 P.M. on December 8, 2008. Any party may submit written or oral comments at the hearing. The complete ordinance is available for review at Sumas City Hall during normal business hours.

Sumas City Hall
433 Cherry Street
P.O. Box 9
Sumas, WA 98295
Published November 19, 2008
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LEGAL
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR WHATCOM COUNTY

IN RE THE MATTER OF:
ELIVIA FALK,
Deceased.

NO. 08 4 00343 8
NOTICE OF VACANCY OF NOTICE AGENT & SUCCESSION OF PRs

NOTICE is hereby given that the NonProbate Creditor’s Claim Notice Agent LOREN FALK has caused the Will of decedent, ELIVIA FALK, to be admitted to probate herein; therefore, the office of Notice Agent has become vacant and LOREN FALK and MICHELLE DUBUQUE have been appointed Co-Personal Representatives of the Estate of Elivia Falk pursuant to the Last Will and Testament of ELIVIA FALK.
DATED this 5th day of November, 2008.
LOREN R. FALK
MICHELLE A. DUBUQUE
Steve Hager, WSBA #16513
Attorney for Notice Agent
Steve Hager, P.S.
805 Dupont #6
Bellingham, WA 98225
Published November 19 & 26, 2008
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LEGAL
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM

In Re the Estate of
HARVEY M. GELDER,
Deceased.

NO. 08 4 00395 1
NOTICE TO CREDITORS
RCW 11.40.030

Judge Steven J. Mura

Date of First Publication:
November 5, 2008
Personal Representative:
Mary G. Enfield
c/o 1616 Cornwall Avenue, Suite 209
Post Office Box 2788
Bellingham, WA 98227-2788

Attorney for the Personal Representative:
William H. Johnson, WSBA #17196
Betts Austin Johnson, p.l.l.c.
1616 Cornwall Avenue, Suite 209
Post Office Box 2788
Bellingham, WA 98227-2788

Address for Mailing or Service:
William H. Johnson, Attorney
Betts Austin Johnson, p.l.l.c.
1616 Cornwall Avenue, Suite 209
Post Office Box 2788
Bellingham, WA 98227-2788
Published November 5, 12 & 19, 2008
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LEGAL
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM

In Re the Estate of LYLE S. HUNTER,
Deceased.

NO. 08 4 00404 3
NOTICE TO CREDITORS

The Personal Representatives named below have been appointed as Co-Personal Representatives of the above 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 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. The claim must be presented within the later of:

Thirty days after the Co-Personal Representatives served or mailed the Notice to the Creditor as provided under RCW 11.40.020(1)(c); or
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: November 5, 2008
ROBERT L. HUNTER Personal Representative
NANCY A. HALVORSON
Personal Representative

Attorney for Personal Representative:
BARRON, SMITH DAUGERT, PLLC

By
Dennis R. Williams, WSBA# 12439
300 N. Commercial Street / P.O. Box 5008
Bellingham, WA 98227
(360) 733-0212
Published November 5, 12 & 19, 2008
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LEGAL
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR WHATCOM county

In re the Estate of
GERTRUDE V. DOAN,
deceased.

NO. 08 4 00394 2
NOTICE TO CREDITORS
IRA UHRIG

The Personal Representative named below has been appointed and has qualified as personal representative of this estate. Persons having claims against the decedent must, prior to the time such claims would be barred by any otherwise applicable statute of limitations, present their claims 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 of record at the address state below a copy of the claim and file the original of the claim with the Clerk of 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(3); or
(2) four (4) months after the date of first publication of this 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 probate assets and nonprobate assets of the decedent.

DATE OF FILING COPY OF THE NOTICE TO CREDITORS with the Clerk of Court: October 28, 2008
DATE OF FIRST PUBLICATION: Nov. 5, 2008
By LYNDA THOMPSON
Steve Hager, WSBA #16513
Attorney for Estate
Steve Hager, P.S.
805 Dupont #6
Bellingham, WA 98225
Published November 5, 12 & 19, 2008
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LEGAL
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF WHATCOM
In re the Estate of:
LILLIAN K. WINSKI,
Deceased.

Probate No. 08-4-00345-4
NOTICE TO CREDITORS
Assigned Judge: Charles R. Snyder

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 Clerk of this 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 nonprobate assets.
1. Date of filing copy of Notice to Creditors: November 4, 2008.
2. Date of first publication: November 12, 2008.
Attorney for the Estate:
KEITH A. BODE, WSBA #7791
314 Fifth Street, P.O. Box 688
Lynden, WA 98264-0688
Tel. (360) 354-5021
Personal Representative:
TONIA N. McDONALD
Published November 12, 19 & 26, 2008
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LEGAL
IN THE SUPERIOR COURT OF WASHINGTON FOR WHATCOM COUNTY

In Re the Estate of:
DORINDA L. BENDER,
Deceased.

Case No: 08-4-00393-4
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 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(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: November 5, 2008
Personal Representative: Philip A. Weiss
Attorney for the Personal Representative: Joe Abbott
Address for Mailing or Service:
Shepherd Abbott Carter
103 W. Main Street
P.O. Box 427
Everson, WA 98247
(360) 966-5200
Published November 5, 12 & 19, 2008
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LEGAL
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF WHATCOM

IN RE THE ESTATE OF
JOHN A. ZIEMBA,
DECEASED.

NO. 08 4 00401 9
PROBATE NOTICE TO CREDITORS
(RCW 11.40.030)
JUDGE: STEVEN J. MURA

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(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: WEDNESDAY, NOVEMBER 5, 2008

Personal Representative: KIM RICHARDSON
2063 Ponderosa Court
Bellingham, WA 98229

Attorney for the Personal Representative: KATTI ESP
301 Prospect Street
Bellingham, WA 98225

Address for Mailing or Service: KATTI ESP
301 Prospect Street
Bellingham, WA 98225

Court of Probate Proceedings and Cause Number:
Superior Court of Whatcom County
Cause No. 08 4 00401 9
Published November 5, 12 & 19, 2008
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LEGAL
THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR WHATCOM COUNTY

In Re the Estate of
HERSCHEL VICTOR LEVERETT III,
Deceased,

HERSCHEL VICTOR LEVERETT IV,
Administrator.

NO. 08-4-00396-9
PROBATE NOTICE TO CREDITORS
JUDGE: CHARLES SNYDER

The Administrator named below has been appointed as Administrator 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 Administrator or the Administrator ‘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 Administrator 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.

Date of filing Notice to Creditors: November 6, 2008
Date of first publication: November 12, 2008
DATED this 5th day of November, 2008.

HERSCHEL VICTOR LEVERETT IV
Administrator
4708 Towhee Dr. NW
Gig Harbor, WA 98332
RESICK HANSEN & FOLLIS

BRIAN L. HANSEN, WSBA #7643
Attorneys for Administrator
412 N. Commercial Street
Bellingham, WA 98225
(360) 671-9212
Published November 12, 19 & 26, 2008
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LEGAL
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF WHATCOM
In re the Estate of:
BENJAMIN VAN ETTEN SR.,
Deceased.

No. 08-4-00414-1
PROBATE NOTICE TO CREDITORS
RCW 11.40.030
JUDGE: CHARLES R. SNYDER

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(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 FILING OF NOTICE TO CREDITORS WITH CLERK OF COURT:
November 17, 2008.
DATE OF FIRST PUBLICATION:
November 19, 2008.
RITA McCUTCHEON
Personal Representative
1203 Hamlin Street, Seattle, WA 98102
Attorney for Personal Representative:
J. Bruce Smith, WSBA #11600
Barron Smith Daugert, PLLC, 300 North Commercial St., Bellingham, WA 98225
Court of probate proceedings and cause number:
Whatcom County Superior Court, Cause No. 08-4-00414-1
Published November 19, 26 & December 3, 2008
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LEGAL
NOTICE OF TRUSTEE’S SALE
THIS NOTICE IS AN ATTEMPT TO COLLECT A DEBT, AND ANY
INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

TO: Chad Eaton
Jane Doe Eaton
Tina H Heaton
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee, Karen L. Gibbon, P.S., will on December 19, 2008, at the hour of 10:00 a.m., at Plaza at the North Entrance to the Snohomish County Courthouse, 3000 Rockefeller Avenue, in the City of Everett, 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 Snohomish, State of Washington, to wit:
LOT 4, SNOHOMISH COUNTY SHORT PLAT NO SP 202 (4-78), RECORDED UNDER SNOHOMISH COUNTY RECORDING NUMBER 7903050219, FORMERLY KNOWN AS PORTION OF TRACT J IN SURVEY VOLUME 3 OF SURVEYS, PAGE 257, RECORDED UNDER AUDITOR’S FILE NUMBER 7604160209, LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 27 NORTH, RANGE 6 EAST, W M, IN SNOHOMISH COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON (TAX PARCEL ID NO. 27063500302700).

(commonly known as 16902 Mt Forest Blvd, Monroe, WA 98272), which is subject to that certain Deed of Trust, dated April 2, 2007, recorded April 10, 2007, under Auditor’s File No. 200704101039 records of County Snohomish County, Washington, from Chad Eaton, a married man as his separate estate, as Grantors, to Commonwealth, as Trustee, to secure an obligation in favor of Mortgage Electronic Registration Systems, Inc., as Beneficiary, the beneficial interest in which has been assigned to LaSalle Bank National Association, as Trustee for Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-3, under Snohomish County Auditor’s File No. 200809030392.
II.
No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrower’s or Grantor’s default on the obligation secured by the Deed of Trust.
III.
The Default for which this foreclosure is made is as follows: Failure to pay when due the following amounts which are now in arrears:
Monthly payments:
5 monthly IF 5 = 1 payments(s) at $7,120.68,
From May 1, 2008 $35,603.40
Late charges: 1 late charge at $281.95 IF 1 <= 1 $281.95

Accrued late charges: $1,127.80
Less suspense $0.00
TOTAL MONTHLY PAYMENTS AND LATE CHARGES: $37,013.15
Default other than failure to make monthly payments: None
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal UnpaidPrinc $727,292.43, together with interest as provided in the note or other instrument secured from April 1, 2008 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 said Deed of Trust as provided by statute. The sale will be made without warranty, express or implied, regarding title, possession, or encumbrances on December 19, 2008. The defaults referred to in paragraph III must be cured by December 8, 2008 (11 days before the sale) to cause a discontinuance of the sale. The sale will be discontinued and terminated if at any time on or before December 8, 2008 (11 days before the sale) the default(s) as set forth in paragraph III is/are cured and the Trustee’s fees and costs are paid. The sale may be terminated any time after December 8, 2008 (11 days before the sale date), and before the sale, by the Borrower or Grantor or the holder of any recorded junior lien or encumbrance paying the principal and interest plus costs, fees, and advances, if any, made pursuant to the terms of the obligation and/or deed of trust, and curing all other defaults.
VI.
A written Notice of Default was transmitted by the Beneficiary or Trustee to the Borrower or Grantor at the following addresses:
Chad Eaton Both At: 16902 Mt Forest Blvd
Jane Doe Eaton Monroe, WA 98272
by both first class and certified mail on August 8, 2008, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on August 12, 2008, with said written Notice of Default and/or the Notice of Default was posted in a conspicuous place on the real property described 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 any person requesting it, a statement of all costs and fees due at any time prior to the sale.
VIII.
The effect of the sale will be to deprive the Grantor and all those who hold by, through or under the Grantor of all their interest in the above-described property.
IX.
Anyone having any objections to this sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections, if they bring a lawsuit to restrain the sale, pursuant to R.C.W. 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 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.

DATED: September 15, 2008.
KAREN L. GIBBON, P.S., Successor Trustee
By: Karen L. Gibbon, President
LAW OFFICES OF KAREN L. GIBBON, P.S.
3409 MCDOUGALL AVENUE, SUITE 202
EVERETT, WA 98201
(425) 212-3277
STATE OF WASHINGTON
Published November 19 & December 10, 2008
___

LEGAL
notice of trustee’s sale
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will on the 19th day of December, 2008, at the hour of 10 o’clock, a.m., at the Whatcom County Superior Courthouse, main floor lobby, in the city of Bellingham, 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 Whatcom, state of Washington, to wit:

That certain tract of land described on EXHIBIT “A” attached hereby and by reference made a part hereof.

EXHIBIT “A”
LEGAL DESCRIPTION
ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 37 NORTH, RANGE 5 EAST OF W.M., LYING WESTERLY OF THE NORTHERN PACIFIC RAILROAD COMPANY’S RIGHT-OF-WAY AND EASTERLY OF STATE ROAD NO. 9, ALSO KNOWN AS COUNTY ROAD NO. 64. EXCEPTING THEREFROM THE NORTHERLY 1030 FEET.

ALSO THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER LYING EAST OF STATE HIGHWAY NO. 9; EXCEPTING THEREFROM THE NORTHERLY 1030 FEET.

ALSO THAT PART OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 20, TOWNSHIP 37 NORTH, RANGE 5 EAST OF W.M., DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT WHERE THE STATE HIGHWAY INTERSECTS THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, BEING 200 FEET WEST OF THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID STATE HIGHWAY, 396 FEET; THENCE DUE EAST TO THE EAST LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH ALONG SAID EAST LINE TO THE NORTHEAST CORNER OF SAID NORTH EAST QUARTER OF THE NORTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER TO THE PLACE OF BEGINNING.

ALSO THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SECTION 20, TOWNSHIP 37 NORTH, RANGE 5 EAST OF W.M., DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT 665 FEET WEST OF THE NORTHEAST CORNER OF THE SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTHERLY ALONG THE WEST LINE OF THE RIGHT-OF-WAY OF THE NORTHERN PACIFIC RAILROAD COMPANY, 356 FEET; THENCE DUE WEST TO THE WEST LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE DUE EAST TO THE POINT OF BEGINNING.

ALL EXCEPT THE RIGHT-OF-WAY FOR HIGHWAY 9, LYING ALONG THE WESTERLY LINE OF SAID PREMISES.

SITUATE IN WHATCOM COUNTY, WASHINGTON.

which is subject to that certain Deed of Trust dated May 27, 2005, and recorded June 14, 2005, under Auditor’s File No. 2050602678, records of Whatcom County, Washington, from TEREZA VILLALUZ, a single woman, as Grantor, to JOHN W. HICKS, Successor Trustee, to secure an obligation in favor of LORNA A. STERN, as her separate property, as beneficiary.
II.
No action commenced by the Beneficiary of the Deed of Trust is now pending to seek satisfaction of the obligation in any Court by reason of the Borrower’s or Grantor’s default on the obligation secured by the Deed of Trust.
III.
The defaults for which this foreclosure is made are as follows:
Delinquent payments from 1-27-08 through 8/27/08 in the amount of $393.00 per month resulting in delinquent interest at 18% $6,766.08
5% Late charge for payment more than 15 days late 157.20
Real estate taxes paid by beneficiary 7/9/08 1,743.78
18% interest on taxes paid 55.04
Trustee’s Expenses:
Attorney’s fees - estimated 2,500.00
Trustee’s Fee 100.00
Trustee’s Expenses:
Title Report 428.18
Recording Fees - estimated 62.00
Serve/Post Notices - estimated 90.00
Publication - estimated 850.00
TOTALS 12,752.28
Failure to pay when due the following which are now in arrears:
Failure to pay real estate taxes for the years 2007 and the first half of 2008, together with interest and penalties due Whatcom County Treasurer.
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal of $57,394.01, together with interest as provided in the note or other instrument secured from January 16, 2008, 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 the 19th day of December, 2008. The defaults referred to in Paragraph III must be cured by the 8th day of December, 2008, (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 the 8th day of December, 2008, (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. The sale may be terminated any time after the 8th day of December, 2008, (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:
TEREZA VILLALUZ
1304 VALLEY HIGHWAY
ACME, WA 98220
by both first class and certified mail on the 31st day of July, 2008, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served 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 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 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.
XI.
This notice is an attempt to collect a debt, and any information obtained will be used for that purpose.
XII.
The Trustee makes no representation or warranties concerning what interest in the real property described above is being sold. The Deed of Trust lien foreclosed may not be a first lien position, or there may be other prior encumbrances of title. The Trustee is not required to provide title information concerning this property. Any person interested in this foreclosure is encouraged to make his or her own investigation concerning the ownership of the property, and the position on title of the deed of trust being foreclosed. Any person interested in the foreclosure is also encouraged to consult an attorney, as the Trustee will not provide legal advice concerning the foreclosure. The Trustee does not provide information concerning the location of the debtors nor concerning the condition of the property. No representation or warranties are made concerning the physical condition of the property, or whether there are any environmental or hazardous waste liabilities or problems connected with the property. Any person desiring title information, information concerning the physical condition of the property, information concerning any hazardous waste or environmental issues, or other information about the real property being foreclosed must obtain all such information independently.
Dated: September 10, 2008
JOHN W. HICKS, Successor Trustee
1603 South Third Street
P.O. Box 1165
Mount Vernon, WA 98273
Telephone: (360) 336-6565
Published November 19 & December 10, 2008

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Legal Notices November 19, 2008