No. 106-08

NOTICE OF TRUSTEE’S SALE
Issued Pursuant to RCW 61.24.140
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee will, on the 26th day of September, 2008, at the hour of 10:00 a.m. at the Wahkiakum County Superior Courthouse located at 64 Main Street, Cathlamet, WA 98612, 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 Wahkiakum, State of Washington:
THAT PORTION OF GOVERNMENT LOT 4 IN SECTION 19, TOWNSHIP 8 NORTH, RANGE 5 WEST OF THE WILLAMETTE MERIDIAN, WAHKIAKUM COUNTY, WASHINGTON, LYING EAST OF THE EASTERLY RIGHT OF WAY LINE OF CONSOLIDATED DIKING DISTRICT NO. ONE, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON SAID RIGHT OF WAY LINE 412 FEET SOUTH OF THE NORTH LINE OF SAID GOVERNMENT LOT 4;
THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE, 396 FEET;
THENCE EAST TO THE MEANDER LINE TO THE COLUMBIA RIVER;
THENCE NORTHWESTERLY ALONG SAID MEANDER LINE TO A POINT THEREON EAST OF THE POINT OF BEGINNING;
THENCE WEST TO THE POINT OF BEGINNING.
the postal address of which is more commonly known as 447 E Birnie Slough Road, Cathlamet, Washington 98612, which is subject to that certain Deed of Trust dated April 19, 2007, recorded on April 23, 2007, under Recording No. 2012343 records of Wahkiakim County, Washington, from Erla Ann Crouse, as Grantor, to Stewart Title, as Trustee, to secure an obligation in favor of West Coast Bank, 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 Grantors’ 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 the following past due amounts which are in arrears:
1) Payment due in full on April 1, 2008: $156,700.37

2) Late charges: $7,952.44

3) Interest as of June 3, 2008: $4,816.74
($39.1750 per diem)
TOTAL PAST DUE PAYMENTS: $169,469.55

IV.

The sum owing on the obligation secured by the Deed of Trust is: Principal $156,700.37 together with interest as provided in the Note or other instrument secured from February 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 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 (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 September 15, 2008 (11 days before the sale date) 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 by the Grantors any time after September 15, 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 principal and interest secured by the Deed of Trust, plus costs, interest, late charges, fees and advances, if any, made pursuant to the terms of the obligations 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, Grantor, and/or Guarantor at the following addresses: Erla Ann Crouse at 144 N. Welcome Slough Road, Cathlamet, WA 98612; and to Erla Ann Crouse / Occupant at 447 E. Birnie Slough Road, Cathlamet, WA 98612, by both first class and certified mail, on April 18, 2008, proof of which is in the possession of the Trustee; the written Notice of Default was also posted in a conspicuous place on the real property described in Paragraph I above on May 2, 2008. The Trustee has in Trustee’s possession proof of such service/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 Grantors and all those who hold by, through or under Grantors, 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’ 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 purchase 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 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.
DATED this 3rd day of June, 2008.
EISENHOWER AND CARLSON, PLLC
Successor Trustee By: Terrence J. Donahue Its: Manager Terrence J. Donahue
Address: 1201 Pacific Avenue, Suite 1200
Tacoma, WA 98402
Phone: (253) 572-4500

STATE OF WASHINGTON )
; ss.
COUNTY OF PIERCE )
On this 3rd day of June, 2008, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Eisenhower and Carlson, PLLC, by and through Terrence J. Donahue, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged to me that he signed and sealed the said instrument as his free and voluntary act and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above written.
/s/ Nicole Frey Name: Nicole Frey Notary Public in and for the State of
Washington, residing at: Spanaway, WA
My Appointment Expires: 1.8.11

No. 107-08

IN THE SUPERIOR COURT OF
THE STATE OF WASHINGTON
FOR WAHKIAKUM COUNTY

In the Matter of the Estate of )
) No. 08-4-00018-1
MARVIN E. RAWLS, )
) PROBATE
Deceased. ) 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: August 28, 2008

Personal Representative: SUSAN E. RAWLS
Susan E. Rawls

Attorney for William J. Faubion
Personal Representative: P.O. Box 153
Cathlamet, WA 98612
Phone: (360) 795-3367

Publish August 28 and September 4 & 11, 2008