Review Staff
Articles by this Author
Zillah ready for some Bluegrass fun
- By Review Staff
- Published 08/17/2011
- Unrated
Members of the Coyote Ridge Bluegrass Wranglers were part of the Saturday afternoon lineup in last year’s festival.
With less than a week to go, Zillah Lions Club and Coy Farmer are making final preparations for the Fourth Annual Zillah Bluegrass Pickin’ Days. The event is all weekend long and has proved to be an entertaining event.Legal Publications for the week of 8/10/2011
- By Review Staff
- Published 08/11/2011
- Legals
- Unrated
LYON WEIGAND & GUSTAFSON, P.S.
Notice of Hearing on Final Report and Petition for Decree of Distribution
SUPERIOR COURT OF WASHINGTON FOR YAKIMA COUNTY In Re the Estate of HOWARD K. VOLLAND, Decedent. No. 11-4-00311-2.
NOTICE IS HEREBY GIVEN that Marci Perkins, as Personal Representative of the above estate, has filed in the office of the clerk of the above court the Final Report and Petition for Decree of Distribution, asking the court to approve the report, distribute the property to the persons entitled thereto, and discharge the Personal Representative.
The Final Report and Petition for Decree of Distribution will be heard on Friday, the 2nd day of September, 2011, at 1:30 p.m. in the courtroom of the Probate Department of the above court, at which time and place any person interested in the above estate may appear and file objections to and contest the Final Report.
DATED this 8th day of August, 2011.
Personal Representative: Marci Perkins.
Attorney for Personal Representative: Marcus J. Fry, WSBA #33653, Lyon, Weigand & Gustafson, P.S., 222 North Third Street, P. O. Box 1689, Yakima, Washingotn 98907, (509) 248-7220.
Legal #2180.
Published in the Review Independent August 10, 2011.
Notice of Hearing on Final Report and Petition for Decree of Distribution
SUPERIOR COURT OF WASHINGTON FOR YAKIMA COUNTY In Re the Estate of HOWARD K. VOLLAND, Decedent. No. 11-4-00311-2.
NOTICE IS HEREBY GIVEN that Marci Perkins, as Personal Representative of the above estate, has filed in the office of the clerk of the above court the Final Report and Petition for Decree of Distribution, asking the court to approve the report, distribute the property to the persons entitled thereto, and discharge the Personal Representative.
The Final Report and Petition for Decree of Distribution will be heard on Friday, the 2nd day of September, 2011, at 1:30 p.m. in the courtroom of the Probate Department of the above court, at which time and place any person interested in the above estate may appear and file objections to and contest the Final Report.
DATED this 8th day of August, 2011.
Personal Representative: Marci Perkins.
Attorney for Personal Representative: Marcus J. Fry, WSBA #33653, Lyon, Weigand & Gustafson, P.S., 222 North Third Street, P. O. Box 1689, Yakima, Washingotn 98907, (509) 248-7220.
Legal #2180.
Published in the Review Independent August 10, 2011.
Toppenish PD welcomes officer Duggan
- By Review Staff
- Published 07/20/2011
- Unrated
Officer John Duggan, Toppenish Police Department
Toppenish PD added John Duggan to the force last August. Duggan says law enforcement runs in the family. His father was an Oregon State Trooper, grandfather was a Sheriff in Oregon and he has a cousin who works with the Dallas Police Department Homicide division. When Duggan joined the Air Force he served as a Military Police Officer (MP).
2011 Pow Wow and Rodeo
- By Review Staff
- Published 06/29/2011
- Unrated
Summer FUN with Toppenish Parks and Rec
- By Review Staff
- Published 06/1/2011
- Unrated
Swimming Pool set to open June 10. Call Parks and Rec for pool hours, fees and more information, 865-5150.
Legal Publications for the week of 7/20/2011
- By Review Staff
- Published 06/1/2011
- Legals
- Unrated
KEVIN S. KIRKEVOLD
Notice to Creditors
SUPERIOR COURT OF WASHINGTON FOR YAKIMA COUNTY In re the Estate of ROBERT W. DART. Deceased. NO. 11-4-00390-2.
The Personal Representative named below has been appointed and has qualified 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 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 decedent’s probate and nonprobate assets.
DATE OF FILING COPY OF NOTICE TO CREDITORS with Clerk of Court: July 13, 2011.
DATE OF FIRST PUBLICATION: July 20, 2011.
DATED this 13th day of July, 2011.
Personal Representative: PATRICIA J. DART.
AGENT FOR SERVICE OF ALL PAPERS: KEVIN S. KIRKEVOLD 24 North 2nd Street, Yakima, Washington 98901 (509) 575-8961.
Legal #2154.
Published in the Review Independent July 20, 27, August 3, 2011.
AUTO BONE YARD
Abandoned Vehicles Sale
The following abandoned vehicle will be sold at public auction:
1999 Chev. Cav. 012ZZJ WA
Inspection will be Friday, June 29, 2011, 8 a.m. to 11 a.m. Sale at 12 Noon, Auto Bone Yard, 406 South Division, Toppenish, WA.
Legal #2153.
Published in the Review Independent July 20, 2011.
CITY OF ZILLAH
Notice of Application & pen Record Hearing
File Nos.: VAR 2011-13
NOTICE OF APPLICATION & PROPOSAL
On July 8, 2011, the City of Zillah received a Variance Application from Quality Signs on behalf of U.S. Cellular and JG Development, LLC to mount signs on the office suite of the property. The property is zoned (C-T) Commercial Tourism Zone. As proposed, the temporary banners would be approximately 90 square feet. The two permanent main signs would be approximately 75 square feet x 2 (roughly 18.325’ x 4.1’) with additional business listing signs adding approximately 5.6 square feet along the front window and main office door. A variance is also being requested from allowed area of signage and banners and sign text requirements of Zillah Municipal Code. The address of the subject property is 823 Zillah West Road, within the City limits of Zillah, Washington (Assessor’s Parcel Number 201126-44417). This application was determined complete for processing on July 15, 2011.
REQUEST FOR WRITTEN COMMENTS
Your views on this proposal are welcome. You may provide written comments concerning the impacts of this proposal during the 15-day comment period which ends August 5th, 2011 at 4:00 p.m. All written comments will be considered prior to issuing a recommendation and final decision. The applications and other information n file with the City of Zillah are available to the public upon request. Please submit your comments in writing to the City of Zillah, P. O. Box 475, Zillah, Washington 98953. Be sure to reference GFile No. VAR 2011-13.
NOTICE OF PUBLIC HEARING
An pen Record Public Hearing on this application is scheduled before the City of Zillah Planning Commission on August 16th, 2011 at 7:00 P.M. or shortly thereafter in the City of Zillah Council Chambers, 111 7th Street, Zillah, WA 98953. All members of the public are welcome to attend this meeting and offer testimony regarding the proposal. At the close of the hearing, the Planning Commission is expected to issue a final decision on this application.
If you have any questions about this proposal, please call Ardele Steele at (509) 829-5151.
Dated this 15th day of July, 2011.
/s/Sharon bounds, City Clerk/Treasurer.
Legal #2152.
Published in the Review Independent July 20, 2011.
ALL VALLEY TOWING, INC.
Abandoned Vehicle Sale
The following abandoned vehicle will be sold at public auction:
2004 Ford PU B50583A WA
Inspection will be Tuesday, July 26, 2011, 9 am to 1:00 pm. Sale at 1:30 pm., Wofford’s Used Cars & Towing, Inc., 201 South Frontage Road, Wapato, WA.
Legal #2151.
Published in the Review Independent July 20, 2011.
WOFFORD’S TOWING, INC.
Abandoned Vehicles Sale
The following abandoned vehicles will be sold at public auction:
1992 Sub. Loy. ABL5023 WA
1976 Chev. PU LRL612 OR
Inspection will be Monday, July 25, 2011, 9 am to 1:00 pm. Sale at 1:30 pm., All Valley Towing, Inc., 202 South Ahtanum Road, Wapato, WA.
Legal #2150.
Published in the Review Independent July 20, 2011.
ZILLAH SCHOOL DISTRICT NO. 205
Notice of Budget Adoption for Zillah School District No. 205 of Yakima County, Washington
NOTICE is hereby given that the Board of Directors of Zillah School District No. 205, Yakima County, Washington, will meet on July 28, 2011, at 7:00 p.m., at the Zillah Middle School Library in said district for the purpose of fixing and adopting the budget for the 2011-2012 school year. Any taxpayer may appear at said meeting and be heard for or against any part of the budget. The budget will be available to the public July 11, 2011.
Kevin McKay, Secretary of the Board.
Legal #2149.
Published in the Review Independent July 20, 27, 2011.
CITY OF TOPPENISH
Summary of Ordinance Passed
The following is a summary of the Ordinance passed by the Toppenish City Council on July 11, 2011:
ORDINANCE 2011-9
Ordinance amending Section 2.35.050 of the Toppenish Municipal Code regarding appointment of Judges pro tem by the presiding municipal court judge.
A copy of the complete text is available at City Hall, 21 West First Avenue. Copies will be made upon request to the City Clerk’s Office (865-2080).
Linda B. Mead, CMC, Finance Director/City Clerk.
Legal #2148.
Published in the Review Independent July 20, 2011.
LAW OFFICES OF KAREN L. GIBBON, P.S.
Notice Of Trustee's Sale
TO: Yakima Hotel, LLC, a Washington Limited Liability Company; Gary D. Lukehart, Guarantor; Mary M. Lukehart, Guarantor.
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee, Karen L. Gibbon, P.S., will on July 29, 2011, at the hour of 10:00 am, at the main entrance of the Yakima County Courthouse, 128 N 2nd St., in the City of Yakima, 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 Yakima, State of Washington, to wit:
That portion of the south half of the southeast quarter of section 18, township 13 north, range 19, E.W.M., described as follows: Commencing at the southeast corner of the north half of the southeast quarter of the southeast quarter of said section 18; Thence north 88° 03' 37" west along the south line thereof 1068.60 feet; Thence north 01° 56' 23" east 121.00 feet to the point of beginning; Thence continuing north 01° 56' 23" east 55.00 feet; Thence south 88° 03' 37" east 65.00 feet; Thence north 01° 56' 23" east 200.00 feet; Thence north 88° 03' 37" west 357.00 feet; Thence south 71° 56' 38" west 49.54 feet to the southeast corner of that tract of land conveyed by instrument recorded under auditor's file no. 2162017, records of Yakima County, Washington, Thence south 01° 12' 30" east 194.06 feet; Thence south 17° 19' 25" east 46.92 feet to the intersection with a line bearing north 88° 03' 37" west from the point of beginning; Thence south 88° 03' 37" east 312.42 feet to the point of beginning. Situate in Yakima County, Washington.
APN #191318-44030.
(commonly known as 137 North Fair Avenue, Yakima, WA 98901), which is subject to that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated August 3, 2007, recorded August 3, 2007, under Auditor’s File No. 7575033, 7575034 and 7575035, records of Yakima County, Washington, from Yakima Hotel, LLC, a Washington limited liability company, as grantors, to Valley Title Guarantee, as Trustee, to secure an obligation in favor of Citigroup Global Markets Realty corp., a New York Corporation, as Beneficiary, the beneficial interest in which has been assigned to CGCMT 2008-C7 Fair Avenue Lodging, LLC, a Washington Limited Liability Company, under Yakima County Auditor’s File No. 7627770.
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 Borrowers 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:
5 monthly payments at $56,342.54, (December 6, 2010-April 6, 2011): $281,712.70
Default Interest Due: $92,823.12
Accrued Late Charge: $27,003.06
Legal Fees: $18,917.79
Other Charges: $3,022.40
Annual SPE Fee: $434.75
Title Expense: $8,335.67
Appraisal Fees: $7,000.00
TOTAL AMOUNT: $439,249.49
Default other than failure to make monthly payments: None
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal $4,739,904.75, together with interest as provided in the note or other instrument secured from November 6, 2010 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 July 29, 2011. The defaults referred to in paragraph III must be cured by July 18 , 2011 (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 July 18 , 2011 (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 July 18 , 2011 (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: Yakima Hotel, LLC, a Washington Limited Liability Company, At: 137 North Fair Avenue, Yakima, WA 98901; And At: c/o Gary D. Lukehart, Registered Agent, 137 North Fair Avenue, Yakima, WA 98901-4515; And At:: 1901 North 4th Street, Yakima, WA 98901; Gary D. Lukehart, Guarantor, Mary M. Lukehart, Guarantor, Both At: 271 Running Springs Lane, Naches, WA 98931; And At: 1901 North 4th Street, Yakima, W 98901; And At: 137 North Fair Avenue, Yakima, WA 98901
by both first class and certified mail on March 23, 2011, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on March 23, 2011, 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.
NOTICE TO GUARANTORS
You are hereby notified of the following:
(1) The Guarantor may be liable for a deficiency judgment to the extent that the sale price obtained at the trustee’s sale is less than the indebtedness 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 reap 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.
(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.
TOGETHER WITH: all right, title, interest and estate if Borrower now owned, or hereafter acquired, in an to the following property, rights, interests and estates (the Premises, the Improvements and the following property, rights, interests and estates being hereinafter described are collectively referred to herein as the “Property”):
(a) all easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened, or proposed, in front of or adjoining the Premises, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Borrower of, in and to the Premises and the Improvements and every part and parcel thereof, with the appurtances thereto;
(b) all machinery, equipment, fixtures (including but not limited to all heating, ventilation, air conditioning, plumbing, lighting, communications and elevator fixtures) inventory and articles of personal property and accessions thereof and renewals, replacements thereof and substitutions therefore, if any (including, but not limited to, beds, bureaus, chiffoniers, chests, chairs, desks, lamps, mirrors, bookcases, tables, rugs, carpeting, drapes, draperies, curtains, shades, venetian blinds, screens, paintings, hangings, pictures, divans, couches, luggage carts, luggage racks, stools, sofas, chinaware, linens, pillows, blankets, glassware, foodcarts, cookware, dry cleaning facilities, dining room wagons, keys or other entry systems, bars, bar fixtures, liquor and other drink dispensers, icemakers, radios, television sets, intercom and paging equipment, electric and electronic equipment, dictating equipment, private telephone systems, medical equipment, potted plants, heating, lighting and plumbing fixtures, fire prevention and extinguishing apparatus, cooling and air conditioning systems, elevators, escalators, fittings, plants, apparatus, stoves, ranges, refrigerators, laundry machines, tools, machinery, dynamos, motors, boilers, incinerators, switchboards, conduits, compressors, vacuum cleaning systems, floor cleaning, waxing and polishing equipment, call systems, brackets, electrical signs, bulbs, bells, ash and fuel, conveyors, cabinets, lockers, shelving, spotlighting equipment, dishwashers, garbage disposals, washers and dryers), other customary hotel equipment and other property of every kind and nature, whether tangible or intangible, whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Premises and the Improvements or appurtenant thereto, and useable in connection with the present or future operation and occupancy of the Premises and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Premises and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation, enjoyment and occupancy of the Premises and the Improvements (hereinafter collectively called the “Equipment”), including the proceeds of any sale or transfer of the foregoing, and the right, title and interest of Borrower in and to any of the Equipment which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the “Uniform Commercial Code”) superior in lien to the lien of this Mortgage;
(c) all awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Property, whether from the exercise of the right of eminent domain or condemnation (including but not limited to any transfer made in lieu of or in anticipation of the exercise of said rights), or for a change of grade, or for any other injury to or decrease in the value of the Property;
(d) all leases and subleases (including, without limitations, all guarantees, letter of credit rights and other supporting obligations in respect thereto) and other agreements or arrangements heretofore or hereafter entered into affecting the use, enjoyment or occupancy of, or the conduct of any activity upon or in, the Premises and the Improvements, including any extensions, renewals, modifications or amendments thereof (the “Leases”) and all rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, all oil and gas or other mineral royalties and bonuses), fees profits, income, receivables, reservations system, receipts, revenues, deposits (including, without limitation, security, utility and other deposits), accounts (including deposit accounts), cash, issues, profits, charges for services rendered, earnings, fees, benefits, reservations system, and any and all payment and consideration of whatever form or nature received by Borrower or its agents or employees from any and all sources relating to and advantages arising from the use of the Property, including, but not limited to, all revenues and credit card receipts collected from guest rooms, restaurants, bars, meeting rooms, banquet rooms and recreational facilities, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereinafter arising out of the sale or created from said Leases or other grant of the right to the use and occupancy of the property or rendering of services by Assignor or any operator or manager of the hotel or the commercial space located within the Property or acquired from others (including, but not limited to, the rental of any office space, retail space, guest rooms or other space, halls, stores, and other offices, and deposits securing reservations of such space), license lease, sublease and concession fees and rentals, health club membership fees, food and beverage wholesale and retail sales, service charges, vending machine sales and proceeds, if any, from business interruption or other loss of income insurance, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Borrower or its agents or employees from any and all sources arising from or attributable to the Premises and the Improvements (the “Rents”), together with all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt;
(e) all proceeds of and any unearned premiums or any insurance policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments or settlements made in lieu thereof, for damage to the Property or any part thereof;
(f) the right, in the name and on behalf of the Borrower, to appear in and defend any action or proceeding brought with respect to the Property and to commence any action or proceeding to protect the interest of Lender on the Property or any part thereof;
(g) all (i) accounts, escrows, reserves, documents, records, instruments, chattel paper (including both tangible chattel paper and electronic chattel paper), claims, financial assets, investment property, letter of credit rights, supporting obligations, deposits and general intangibles (including payment intangibles and software), as the foregoing terms are defined in the Uniform Commercial Code, (ii) trademark licenses, trademarks, symbols, rights in intellectual property, trade names, service marks or copyrights, copyright licenses, patents, patent licenses or the license to use intellectual property such as computer software owned or licensed by Borrower or other proprietary business information relating to Borrower’s policies, procedures, manuals and trade secrets (collectively, “Intellectual Property”), (iii) books, records, plans, specifications, designs, drawings, permits, consents, licenses, franchises, approvals, management agreements, contracts and contract rights of Borrower or relating to the Property, or the use, operation, management, improvement, alteration, repair, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon (including, without limitation, any contract with any architect or engineer or with any other provider of goods or services for or in connection with any construction, repair, or other work upon the Property), and (iv) actions, refunds or rights to refunds of real estate taxes and assessments (and any other governmental impositions related to the Property), and causes of action that now or hereafter relate to the Property, or the use, operation, management, improvement, alteration, repair, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon;
(h) all “inventory” as defined in the Uniform Commercial Code in effect in the State of New Jersey from time to time, whether now or hereafter existing or acquired, and which arises out of or is used in connection with, directly or indirectly, the ownership and operation of the Property, all documents representing the same and all proceeds and products of such inventory, including without limitation: (i) all goods, merchandise, raw materials, food, beverages, work in process and other personal property, wherever located, now or hereafter owned or held by the Borrower for manufacture, processing, the providing of services or sale, use or consumption in the operation of the Property (including, without limitations, fuel, supplies and similar items and all substances commingled therewith or added thereto); (ii) all other items that would be entered on a balance sheet under the line items for “inventories” or “china”, glassware, silver, linen and uniforms” under the Uniform System of Accounts for the Lodging Industry, 9th Revised Edition (1996), as from time to time amended; and (iii) all rights and claims of the borrower against anyone who may store of acquire the inventory for the account of the borrower, or from whom the borrower may purchase the inventory:
(i) any and all proceeds and products of any of the foregoing and any and all other security and collateral of any nature whatsoever, now or hereafter given for the repayment of the Debt and the performance of Borrower’s obligations under the Loan Documents, including (without limitation) the Reserve Funds (as hereinafter defined), the Deposit Account, the Collection Account and the Expense Account (each as defined in the Cash Management Agreement dated as of the date hereof by and between Borrower and Lender (the “Cash Management Agreement”) and any other escrows set forth in the Loan Documents;
(j) all accounts receivable, contract rights, interests, estates or other claims, both in law and in equity, which Borrower now has or may hereafter acquire in the Property or any part thereof; and
(k) all rights which Borrower now has or may hereafter acquire, to be indemnified and/or held harmless from any liability, loss, damage, cost or expense (including, without limitation, attorneys’ and paralegals’ fees and disbursements) relating to the Property of any part thereof.
DATED: April 26, 2011.
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.
Legal #2108.
Published in the Review Independent June 29, July 20, 2011.
KEVIN S. KIRKEVOLD
Notice to Creditors
SUPERIOR COURT OF WASHINGTON FOR YAKIMA COUNTY In re the Estate of JAN KATHLEEN LUNDGREN. SS# 533-68-7622. Deceased. NO. 11-4-00378-3.
The Personal Representative named below has been appointed and has qualified 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 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 decedent’s probate and nonprobate assets.
DATE OF FILING COPY OF NOTICE TO CREDITORS with Clerk of Court: July 7, 2011.
DATE OF FIRST PUBLICATION: July 13, 2011.
DATED this 7th day of July, 2011.
Personal Representative: ANTHONY S. SOMOHANO.
AGENT FOR SERVICE OF ALL PAPERS: KEVIN S. KIRKEVOLD 24 North 2nd Street, Yakima, Washington 98901 (509) 575-8961.
Legal #2146.
Published in the Review Independent July 13, 20, 27, 2011.
KEVIN S. KIRKEVOLD
Notice to Creditors
SUPERIOR COURT OF WASHINGTON FOR YAKIMA COUNTY In re the Estate of DORIS G. ARNOLD BECKER., Deceased. NO. 11-4-00373-2.
The Co-Personal Representative named below have been appointed and have qualified as Personal Representatives 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 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 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 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 decedent’s probate and nonprobate assets.
DATE OF FILING COPY OF NOTICE TO CREDITORS with Clerk of Court: July 6, 2011.
DATE OF FIRST PUBLICATION: July 13, 2011.
DATED this 6th day of July, 2011.
Co-Personal Representatives: SHARON E. KINDER, LINDA J. BECKER.
AGENT FOR SERVICE OF ALL PAPERS: KEVIN S. KIRKEVOLD 24 North 2nd Street, Yakima, Washington 98901 (509) 575-8961.
Legal #2147.
Published in the Review Independent July 13, 20, 27, 2011.
LYON, WEIGAND & GUSTAFSON, P.S.
Notice To Creditors
SUPERIOR COURT OF WASHINGTON FOR YAKIMA COUNTY In Re the Estate of REINHOLD G. WINCKLER, Decedent. NO. 11-4-00360-1.
The Personal Representative named below has been appointed as Personal Representative of this estate. Any person having a claim against the Decedent that arose before the Decedent's death 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: (a) Thirty days after the Personal Representative served or mailed the notice to the creditor as provided under RCW 11.40.020(1)(c); or (b) Four months after the date of first publication of the notice. If the claim is not presented within this time frame, the claim will be 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: July 6, 2011.
Personal Representative: TOMMY J. WINCKLER.
Attorney for Personal Representative: Bryan P. Myre, WSBA #28422, Lyon, Weigand & Gustafson, P.S., 222 North Third Street, P. O. Box 1689, Yakima, WA 98907-1689, (509) 248-7220.
Legal #2134.
Published in the Review Independent July 6, 13, 20, 2011.
VELIKANJE HALVERSON, P.C.
Probate Notice to Creditors
RCW 11.40.020, 11.40.030
SUPERIOR COURT, STATE OF WASHINGTON, YAKIMA COUNTY In The Matter Of The Estate Of MARY L. WALKER, DECEASED NO. 11-4-00359-7.
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 his 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(3); 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 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: July 6, 2011.
Personal Representative: MICHAEL R. WALKER.
Attorney for Personal Representative: LINDA A. SELLERS, WSBA #18369, Velikanje Halverson, P.C., 405 E. Lincoln Ave., P.O. Box 22550, Yakima, WA 98907, (509) 248-6030.
Legal #2126.
Published in the Review Independent July 6, 13, 20, 2011.
HURLEY & LARA
Notice to Creditors
RCW 11.40.020, 11.40.030
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR YAKIMA COUNTY In the Matter of the Estate of VERA VIOLA MCGLOTHLIN, Deceased. No. 11-4-00355-4.
The Personal Representative named below has been appointed and has qualified 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 probate assets and nonprobate assets of the decedent.
Date of First Publication: July 6, 2011.
Personal Representative: LARRY WAYNE MCGLOTHLIN.
Attorney for Personal Representative: JAMES P. HURLEY, WSBA #6615, 411 North 2nd Street, Yakima, WA 98901, 509-248-4282.
Legal #2124.
Published in the Review Independent July 6, 13, 20, 2011.
Notice to Creditors
SUPERIOR COURT OF WASHINGTON FOR YAKIMA COUNTY In re the Estate of ROBERT W. DART. Deceased. NO. 11-4-00390-2.
The Personal Representative named below has been appointed and has qualified 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 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 decedent’s probate and nonprobate assets.
DATE OF FILING COPY OF NOTICE TO CREDITORS with Clerk of Court: July 13, 2011.
DATE OF FIRST PUBLICATION: July 20, 2011.
DATED this 13th day of July, 2011.
Personal Representative: PATRICIA J. DART.
AGENT FOR SERVICE OF ALL PAPERS: KEVIN S. KIRKEVOLD 24 North 2nd Street, Yakima, Washington 98901 (509) 575-8961.
Legal #2154.
Published in the Review Independent July 20, 27, August 3, 2011.
AUTO BONE YARD
Abandoned Vehicles Sale
The following abandoned vehicle will be sold at public auction:
1999 Chev. Cav. 012ZZJ WA
Inspection will be Friday, June 29, 2011, 8 a.m. to 11 a.m. Sale at 12 Noon, Auto Bone Yard, 406 South Division, Toppenish, WA.
Legal #2153.
Published in the Review Independent July 20, 2011.
CITY OF ZILLAH
Notice of Application & pen Record Hearing
File Nos.: VAR 2011-13
NOTICE OF APPLICATION & PROPOSAL
On July 8, 2011, the City of Zillah received a Variance Application from Quality Signs on behalf of U.S. Cellular and JG Development, LLC to mount signs on the office suite of the property. The property is zoned (C-T) Commercial Tourism Zone. As proposed, the temporary banners would be approximately 90 square feet. The two permanent main signs would be approximately 75 square feet x 2 (roughly 18.325’ x 4.1’) with additional business listing signs adding approximately 5.6 square feet along the front window and main office door. A variance is also being requested from allowed area of signage and banners and sign text requirements of Zillah Municipal Code. The address of the subject property is 823 Zillah West Road, within the City limits of Zillah, Washington (Assessor’s Parcel Number 201126-44417). This application was determined complete for processing on July 15, 2011.
REQUEST FOR WRITTEN COMMENTS
Your views on this proposal are welcome. You may provide written comments concerning the impacts of this proposal during the 15-day comment period which ends August 5th, 2011 at 4:00 p.m. All written comments will be considered prior to issuing a recommendation and final decision. The applications and other information n file with the City of Zillah are available to the public upon request. Please submit your comments in writing to the City of Zillah, P. O. Box 475, Zillah, Washington 98953. Be sure to reference GFile No. VAR 2011-13.
NOTICE OF PUBLIC HEARING
An pen Record Public Hearing on this application is scheduled before the City of Zillah Planning Commission on August 16th, 2011 at 7:00 P.M. or shortly thereafter in the City of Zillah Council Chambers, 111 7th Street, Zillah, WA 98953. All members of the public are welcome to attend this meeting and offer testimony regarding the proposal. At the close of the hearing, the Planning Commission is expected to issue a final decision on this application.
If you have any questions about this proposal, please call Ardele Steele at (509) 829-5151.
Dated this 15th day of July, 2011.
/s/Sharon bounds, City Clerk/Treasurer.
Legal #2152.
Published in the Review Independent July 20, 2011.
ALL VALLEY TOWING, INC.
Abandoned Vehicle Sale
The following abandoned vehicle will be sold at public auction:
2004 Ford PU B50583A WA
Inspection will be Tuesday, July 26, 2011, 9 am to 1:00 pm. Sale at 1:30 pm., Wofford’s Used Cars & Towing, Inc., 201 South Frontage Road, Wapato, WA.
Legal #2151.
Published in the Review Independent July 20, 2011.
WOFFORD’S TOWING, INC.
Abandoned Vehicles Sale
The following abandoned vehicles will be sold at public auction:
1992 Sub. Loy. ABL5023 WA
1976 Chev. PU LRL612 OR
Inspection will be Monday, July 25, 2011, 9 am to 1:00 pm. Sale at 1:30 pm., All Valley Towing, Inc., 202 South Ahtanum Road, Wapato, WA.
Legal #2150.
Published in the Review Independent July 20, 2011.
ZILLAH SCHOOL DISTRICT NO. 205
Notice of Budget Adoption for Zillah School District No. 205 of Yakima County, Washington
NOTICE is hereby given that the Board of Directors of Zillah School District No. 205, Yakima County, Washington, will meet on July 28, 2011, at 7:00 p.m., at the Zillah Middle School Library in said district for the purpose of fixing and adopting the budget for the 2011-2012 school year. Any taxpayer may appear at said meeting and be heard for or against any part of the budget. The budget will be available to the public July 11, 2011.
Kevin McKay, Secretary of the Board.
Legal #2149.
Published in the Review Independent July 20, 27, 2011.
CITY OF TOPPENISH
Summary of Ordinance Passed
The following is a summary of the Ordinance passed by the Toppenish City Council on July 11, 2011:
ORDINANCE 2011-9
Ordinance amending Section 2.35.050 of the Toppenish Municipal Code regarding appointment of Judges pro tem by the presiding municipal court judge.
A copy of the complete text is available at City Hall, 21 West First Avenue. Copies will be made upon request to the City Clerk’s Office (865-2080).
Linda B. Mead, CMC, Finance Director/City Clerk.
Legal #2148.
Published in the Review Independent July 20, 2011.
LAW OFFICES OF KAREN L. GIBBON, P.S.
Notice Of Trustee's Sale
TO: Yakima Hotel, LLC, a Washington Limited Liability Company; Gary D. Lukehart, Guarantor; Mary M. Lukehart, Guarantor.
I.
NOTICE IS HEREBY GIVEN that the undersigned Trustee, Karen L. Gibbon, P.S., will on July 29, 2011, at the hour of 10:00 am, at the main entrance of the Yakima County Courthouse, 128 N 2nd St., in the City of Yakima, 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 Yakima, State of Washington, to wit:
That portion of the south half of the southeast quarter of section 18, township 13 north, range 19, E.W.M., described as follows: Commencing at the southeast corner of the north half of the southeast quarter of the southeast quarter of said section 18; Thence north 88° 03' 37" west along the south line thereof 1068.60 feet; Thence north 01° 56' 23" east 121.00 feet to the point of beginning; Thence continuing north 01° 56' 23" east 55.00 feet; Thence south 88° 03' 37" east 65.00 feet; Thence north 01° 56' 23" east 200.00 feet; Thence north 88° 03' 37" west 357.00 feet; Thence south 71° 56' 38" west 49.54 feet to the southeast corner of that tract of land conveyed by instrument recorded under auditor's file no. 2162017, records of Yakima County, Washington, Thence south 01° 12' 30" east 194.06 feet; Thence south 17° 19' 25" east 46.92 feet to the intersection with a line bearing north 88° 03' 37" west from the point of beginning; Thence south 88° 03' 37" east 312.42 feet to the point of beginning. Situate in Yakima County, Washington.
APN #191318-44030.
(commonly known as 137 North Fair Avenue, Yakima, WA 98901), which is subject to that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, dated August 3, 2007, recorded August 3, 2007, under Auditor’s File No. 7575033, 7575034 and 7575035, records of Yakima County, Washington, from Yakima Hotel, LLC, a Washington limited liability company, as grantors, to Valley Title Guarantee, as Trustee, to secure an obligation in favor of Citigroup Global Markets Realty corp., a New York Corporation, as Beneficiary, the beneficial interest in which has been assigned to CGCMT 2008-C7 Fair Avenue Lodging, LLC, a Washington Limited Liability Company, under Yakima County Auditor’s File No. 7627770.
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 Borrowers 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:
5 monthly payments at $56,342.54, (December 6, 2010-April 6, 2011): $281,712.70
Default Interest Due: $92,823.12
Accrued Late Charge: $27,003.06
Legal Fees: $18,917.79
Other Charges: $3,022.40
Annual SPE Fee: $434.75
Title Expense: $8,335.67
Appraisal Fees: $7,000.00
TOTAL AMOUNT: $439,249.49
Default other than failure to make monthly payments: None
IV.
The sum owing on the obligation secured by the Deed of Trust is: Principal $4,739,904.75, together with interest as provided in the note or other instrument secured from November 6, 2010 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 July 29, 2011. The defaults referred to in paragraph III must be cured by July 18 , 2011 (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 July 18 , 2011 (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 July 18 , 2011 (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: Yakima Hotel, LLC, a Washington Limited Liability Company, At: 137 North Fair Avenue, Yakima, WA 98901; And At: c/o Gary D. Lukehart, Registered Agent, 137 North Fair Avenue, Yakima, WA 98901-4515; And At:: 1901 North 4th Street, Yakima, WA 98901; Gary D. Lukehart, Guarantor, Mary M. Lukehart, Guarantor, Both At: 271 Running Springs Lane, Naches, WA 98931; And At: 1901 North 4th Street, Yakima, W 98901; And At: 137 North Fair Avenue, Yakima, WA 98901
by both first class and certified mail on March 23, 2011, proof of which is in the possession of the Trustee; and the Borrower and Grantor were personally served on March 23, 2011, 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.
NOTICE TO GUARANTORS
You are hereby notified of the following:
(1) The Guarantor may be liable for a deficiency judgment to the extent that the sale price obtained at the trustee’s sale is less than the indebtedness 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 reap 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.
(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.
TOGETHER WITH: all right, title, interest and estate if Borrower now owned, or hereafter acquired, in an to the following property, rights, interests and estates (the Premises, the Improvements and the following property, rights, interests and estates being hereinafter described are collectively referred to herein as the “Property”):
(a) all easements, rights-of-way, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, tenements, hereditaments and appurtenances of any nature whatsoever, in any way belonging, relating or pertaining to the Premises and the Improvements and the reversion and reversions, remainder and remainders, and all land lying in the bed of any street, road or avenue, opened, or proposed, in front of or adjoining the Premises, to the center line thereof and all the estates, rights, titles, interests, dower and rights of dower, curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Borrower of, in and to the Premises and the Improvements and every part and parcel thereof, with the appurtances thereto;
(b) all machinery, equipment, fixtures (including but not limited to all heating, ventilation, air conditioning, plumbing, lighting, communications and elevator fixtures) inventory and articles of personal property and accessions thereof and renewals, replacements thereof and substitutions therefore, if any (including, but not limited to, beds, bureaus, chiffoniers, chests, chairs, desks, lamps, mirrors, bookcases, tables, rugs, carpeting, drapes, draperies, curtains, shades, venetian blinds, screens, paintings, hangings, pictures, divans, couches, luggage carts, luggage racks, stools, sofas, chinaware, linens, pillows, blankets, glassware, foodcarts, cookware, dry cleaning facilities, dining room wagons, keys or other entry systems, bars, bar fixtures, liquor and other drink dispensers, icemakers, radios, television sets, intercom and paging equipment, electric and electronic equipment, dictating equipment, private telephone systems, medical equipment, potted plants, heating, lighting and plumbing fixtures, fire prevention and extinguishing apparatus, cooling and air conditioning systems, elevators, escalators, fittings, plants, apparatus, stoves, ranges, refrigerators, laundry machines, tools, machinery, dynamos, motors, boilers, incinerators, switchboards, conduits, compressors, vacuum cleaning systems, floor cleaning, waxing and polishing equipment, call systems, brackets, electrical signs, bulbs, bells, ash and fuel, conveyors, cabinets, lockers, shelving, spotlighting equipment, dishwashers, garbage disposals, washers and dryers), other customary hotel equipment and other property of every kind and nature, whether tangible or intangible, whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Premises and the Improvements or appurtenant thereto, and useable in connection with the present or future operation and occupancy of the Premises and the Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Premises and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation, enjoyment and occupancy of the Premises and the Improvements (hereinafter collectively called the “Equipment”), including the proceeds of any sale or transfer of the foregoing, and the right, title and interest of Borrower in and to any of the Equipment which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the “Uniform Commercial Code”) superior in lien to the lien of this Mortgage;
(c) all awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Property, whether from the exercise of the right of eminent domain or condemnation (including but not limited to any transfer made in lieu of or in anticipation of the exercise of said rights), or for a change of grade, or for any other injury to or decrease in the value of the Property;
(d) all leases and subleases (including, without limitations, all guarantees, letter of credit rights and other supporting obligations in respect thereto) and other agreements or arrangements heretofore or hereafter entered into affecting the use, enjoyment or occupancy of, or the conduct of any activity upon or in, the Premises and the Improvements, including any extensions, renewals, modifications or amendments thereof (the “Leases”) and all rents, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including, without limitation, all oil and gas or other mineral royalties and bonuses), fees profits, income, receivables, reservations system, receipts, revenues, deposits (including, without limitation, security, utility and other deposits), accounts (including deposit accounts), cash, issues, profits, charges for services rendered, earnings, fees, benefits, reservations system, and any and all payment and consideration of whatever form or nature received by Borrower or its agents or employees from any and all sources relating to and advantages arising from the use of the Property, including, but not limited to, all revenues and credit card receipts collected from guest rooms, restaurants, bars, meeting rooms, banquet rooms and recreational facilities, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereinafter arising out of the sale or created from said Leases or other grant of the right to the use and occupancy of the property or rendering of services by Assignor or any operator or manager of the hotel or the commercial space located within the Property or acquired from others (including, but not limited to, the rental of any office space, retail space, guest rooms or other space, halls, stores, and other offices, and deposits securing reservations of such space), license lease, sublease and concession fees and rentals, health club membership fees, food and beverage wholesale and retail sales, service charges, vending machine sales and proceeds, if any, from business interruption or other loss of income insurance, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Borrower or its agents or employees from any and all sources arising from or attributable to the Premises and the Improvements (the “Rents”), together with all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt;
(e) all proceeds of and any unearned premiums or any insurance policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments or settlements made in lieu thereof, for damage to the Property or any part thereof;
(f) the right, in the name and on behalf of the Borrower, to appear in and defend any action or proceeding brought with respect to the Property and to commence any action or proceeding to protect the interest of Lender on the Property or any part thereof;
(g) all (i) accounts, escrows, reserves, documents, records, instruments, chattel paper (including both tangible chattel paper and electronic chattel paper), claims, financial assets, investment property, letter of credit rights, supporting obligations, deposits and general intangibles (including payment intangibles and software), as the foregoing terms are defined in the Uniform Commercial Code, (ii) trademark licenses, trademarks, symbols, rights in intellectual property, trade names, service marks or copyrights, copyright licenses, patents, patent licenses or the license to use intellectual property such as computer software owned or licensed by Borrower or other proprietary business information relating to Borrower’s policies, procedures, manuals and trade secrets (collectively, “Intellectual Property”), (iii) books, records, plans, specifications, designs, drawings, permits, consents, licenses, franchises, approvals, management agreements, contracts and contract rights of Borrower or relating to the Property, or the use, operation, management, improvement, alteration, repair, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon (including, without limitation, any contract with any architect or engineer or with any other provider of goods or services for or in connection with any construction, repair, or other work upon the Property), and (iv) actions, refunds or rights to refunds of real estate taxes and assessments (and any other governmental impositions related to the Property), and causes of action that now or hereafter relate to the Property, or the use, operation, management, improvement, alteration, repair, maintenance, occupancy or enjoyment thereof or the conduct of any business or activities thereon;
(h) all “inventory” as defined in the Uniform Commercial Code in effect in the State of New Jersey from time to time, whether now or hereafter existing or acquired, and which arises out of or is used in connection with, directly or indirectly, the ownership and operation of the Property, all documents representing the same and all proceeds and products of such inventory, including without limitation: (i) all goods, merchandise, raw materials, food, beverages, work in process and other personal property, wherever located, now or hereafter owned or held by the Borrower for manufacture, processing, the providing of services or sale, use or consumption in the operation of the Property (including, without limitations, fuel, supplies and similar items and all substances commingled therewith or added thereto); (ii) all other items that would be entered on a balance sheet under the line items for “inventories” or “china”, glassware, silver, linen and uniforms” under the Uniform System of Accounts for the Lodging Industry, 9th Revised Edition (1996), as from time to time amended; and (iii) all rights and claims of the borrower against anyone who may store of acquire the inventory for the account of the borrower, or from whom the borrower may purchase the inventory:
(i) any and all proceeds and products of any of the foregoing and any and all other security and collateral of any nature whatsoever, now or hereafter given for the repayment of the Debt and the performance of Borrower’s obligations under the Loan Documents, including (without limitation) the Reserve Funds (as hereinafter defined), the Deposit Account, the Collection Account and the Expense Account (each as defined in the Cash Management Agreement dated as of the date hereof by and between Borrower and Lender (the “Cash Management Agreement”) and any other escrows set forth in the Loan Documents;
(j) all accounts receivable, contract rights, interests, estates or other claims, both in law and in equity, which Borrower now has or may hereafter acquire in the Property or any part thereof; and
(k) all rights which Borrower now has or may hereafter acquire, to be indemnified and/or held harmless from any liability, loss, damage, cost or expense (including, without limitation, attorneys’ and paralegals’ fees and disbursements) relating to the Property of any part thereof.
DATED: April 26, 2011.
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.
Legal #2108.
Published in the Review Independent June 29, July 20, 2011.
KEVIN S. KIRKEVOLD
Notice to Creditors
SUPERIOR COURT OF WASHINGTON FOR YAKIMA COUNTY In re the Estate of JAN KATHLEEN LUNDGREN. SS# 533-68-7622. Deceased. NO. 11-4-00378-3.
The Personal Representative named below has been appointed and has qualified 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 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 decedent’s probate and nonprobate assets.
DATE OF FILING COPY OF NOTICE TO CREDITORS with Clerk of Court: July 7, 2011.
DATE OF FIRST PUBLICATION: July 13, 2011.
DATED this 7th day of July, 2011.
Personal Representative: ANTHONY S. SOMOHANO.
AGENT FOR SERVICE OF ALL PAPERS: KEVIN S. KIRKEVOLD 24 North 2nd Street, Yakima, Washington 98901 (509) 575-8961.
Legal #2146.
Published in the Review Independent July 13, 20, 27, 2011.
KEVIN S. KIRKEVOLD
Notice to Creditors
SUPERIOR COURT OF WASHINGTON FOR YAKIMA COUNTY In re the Estate of DORIS G. ARNOLD BECKER., Deceased. NO. 11-4-00373-2.
The Co-Personal Representative named below have been appointed and have qualified as Personal Representatives 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 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 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 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 decedent’s probate and nonprobate assets.
DATE OF FILING COPY OF NOTICE TO CREDITORS with Clerk of Court: July 6, 2011.
DATE OF FIRST PUBLICATION: July 13, 2011.
DATED this 6th day of July, 2011.
Co-Personal Representatives: SHARON E. KINDER, LINDA J. BECKER.
AGENT FOR SERVICE OF ALL PAPERS: KEVIN S. KIRKEVOLD 24 North 2nd Street, Yakima, Washington 98901 (509) 575-8961.
Legal #2147.
Published in the Review Independent July 13, 20, 27, 2011.
LYON, WEIGAND & GUSTAFSON, P.S.
Notice To Creditors
SUPERIOR COURT OF WASHINGTON FOR YAKIMA COUNTY In Re the Estate of REINHOLD G. WINCKLER, Decedent. NO. 11-4-00360-1.
The Personal Representative named below has been appointed as Personal Representative of this estate. Any person having a claim against the Decedent that arose before the Decedent's death 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: (a) Thirty days after the Personal Representative served or mailed the notice to the creditor as provided under RCW 11.40.020(1)(c); or (b) Four months after the date of first publication of the notice. If the claim is not presented within this time frame, the claim will be 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: July 6, 2011.
Personal Representative: TOMMY J. WINCKLER.
Attorney for Personal Representative: Bryan P. Myre, WSBA #28422, Lyon, Weigand & Gustafson, P.S., 222 North Third Street, P. O. Box 1689, Yakima, WA 98907-1689, (509) 248-7220.
Legal #2134.
Published in the Review Independent July 6, 13, 20, 2011.
VELIKANJE HALVERSON, P.C.
Probate Notice to Creditors
RCW 11.40.020, 11.40.030
SUPERIOR COURT, STATE OF WASHINGTON, YAKIMA COUNTY In The Matter Of The Estate Of MARY L. WALKER, DECEASED NO. 11-4-00359-7.
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 his 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(3); 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 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: July 6, 2011.
Personal Representative: MICHAEL R. WALKER.
Attorney for Personal Representative: LINDA A. SELLERS, WSBA #18369, Velikanje Halverson, P.C., 405 E. Lincoln Ave., P.O. Box 22550, Yakima, WA 98907, (509) 248-6030.
Legal #2126.
Published in the Review Independent July 6, 13, 20, 2011.
HURLEY & LARA
Notice to Creditors
RCW 11.40.020, 11.40.030
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON FOR YAKIMA COUNTY In the Matter of the Estate of VERA VIOLA MCGLOTHLIN, Deceased. No. 11-4-00355-4.
The Personal Representative named below has been appointed and has qualified 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 probate assets and nonprobate assets of the decedent.
Date of First Publication: July 6, 2011.
Personal Representative: LARRY WAYNE MCGLOTHLIN.
Attorney for Personal Representative: JAMES P. HURLEY, WSBA #6615, 411 North 2nd Street, Yakima, WA 98901, 509-248-4282.
Legal #2124.
Published in the Review Independent July 6, 13, 20, 2011.
Toppenish council pays off wastewater facility
- By Review Staff
- Published 05/24/2011
- Unrated
TOPPENISH—After three years of construction, the Toppenish city council
approved the final payment on the waste water treatment facility.
The council passed a resolution Monday, May 23 accepting the project as complete. The final payment of $37,707.08 to Pacific Crest Construction was approved as part of the council’s consent agenda.
“We’re all thrilled this is finally over with,” Mayor Blaine Thorington said.
The council passed a resolution Monday, May 23 accepting the project as complete. The final payment of $37,707.08 to Pacific Crest Construction was approved as part of the council’s consent agenda.
“We’re all thrilled this is finally over with,” Mayor Blaine Thorington said.
School Calendar 5/11/2011
- By Review Staff
- Published 05/12/2011
- Unrated
Wednesday, May 11
National School Nurse Day
GRANGER Migrant physicals
6 p.m. TOPPENISH JOM senior banquet
6 p.m. MT ADAMS JOM/IPEC Recognition Dinner Middle School gym
6 p.m. ZILLAH school district booster meeting, library
6:30 p.m. WAPATO high school publication awards, cafeteria
Thursday, May 12
2:45 p.m. WAPATO PACE orientation
6 p.m. MT ADAMS Spring Community informal chat with board, Harrah Elementary
6:30 p.m. WAPATO high school FFA banquet
Friday, May 13
8:45am ZILLAH Middle School to High School for play
4 p.m. TOPPENISH EAGLE student led conferences
Saturday, May 14
ZILLAH community day (breakfast 6:00, fun run 8:00, parade 11:00)
ZHS Alumni banquet in gym/commons,
Monday, May 16
MT ADAMS Diabetes awareness week, Harrah Elementary
WAPATO PACE new student enrollment
6 p.m. MT ADAMS board of directors meeting, Harrah elementary school
6 p.m. WAPATO Satus & Camas PTO meeting, gym
6:30 p.m. WAPATO high school fine arts awards, cafeteria
Tuesday, May 17
6 p.m. MT ADAMS JOM meeting, White Swan
Wednesday, May 18
5:30 p.m. GRANGER high school parent night
6 p.m. WAPATO Migrant awards banquet, high school cafeteria
6:30 p.m. TOPPENISH Migrant PAC meeting, middle school
7:30 p.m. GRANGER school board agenda study session
ZILLAH WACKO Olympics 12:45
National School Nurse Day
GRANGER Migrant physicals
6 p.m. TOPPENISH JOM senior banquet
6 p.m. MT ADAMS JOM/IPEC Recognition Dinner Middle School gym
6 p.m. ZILLAH school district booster meeting, library
6:30 p.m. WAPATO high school publication awards, cafeteria
Thursday, May 12
2:45 p.m. WAPATO PACE orientation
6 p.m. MT ADAMS Spring Community informal chat with board, Harrah Elementary
6:30 p.m. WAPATO high school FFA banquet
Friday, May 13
8:45am ZILLAH Middle School to High School for play
4 p.m. TOPPENISH EAGLE student led conferences
Saturday, May 14
ZILLAH community day (breakfast 6:00, fun run 8:00, parade 11:00)
ZHS Alumni banquet in gym/commons,
Monday, May 16
MT ADAMS Diabetes awareness week, Harrah Elementary
WAPATO PACE new student enrollment
6 p.m. MT ADAMS board of directors meeting, Harrah elementary school
6 p.m. WAPATO Satus & Camas PTO meeting, gym
6:30 p.m. WAPATO high school fine arts awards, cafeteria
Tuesday, May 17
6 p.m. MT ADAMS JOM meeting, White Swan
Wednesday, May 18
5:30 p.m. GRANGER high school parent night
6 p.m. WAPATO Migrant awards banquet, high school cafeteria
6:30 p.m. TOPPENISH Migrant PAC meeting, middle school
7:30 p.m. GRANGER school board agenda study session
ZILLAH WACKO Olympics 12:45
Calendar of Events
- By Review Staff
- Published 05/11/2011
- Community Calendar
- Unrated
Wednesday, May 11
3 p.m. GRANGER Library, school age story with activity, elementary students are invited to the library for a story and activity.
4 p.m. BUENA Library, blast after school tutoring, reading and math tutoring are available for grades K-5 registration required
4 p.m. WAPATO Library, Catch the Wind, children, teens Greg Greger will demonstrate how to make your own kite. Children must be in the 4th grade or older. Younger participants must have a teen or adult partner. Registration is required. Sign up with your partner. Space is limited to 10 teams.
6:30 p.m. TOPPENISH TOPS, Community Hospital, Conference Room, 502 West Fourth Avenue, 457-4538
7 p.m. TOPPENISH Rodeo & Livestock Association meeting, rodeo grounds office, more info call Barb 949-5957
Thursday, May 12
ZILLAH community days for more info call 509-829-5055
ZILLAH Community Days Stewart Park
ZILLAH Miss Zillah Contest
11 a.m. TOPPENISH Library, pre school story time, stories songs and activities for pre schoolers
4 p.m. BUENA Library, blast after school tutoring, reading and math tutoring are available for grades K-5 registration required
5 p.m. TOPPENISH Parks & Rec Board of Directors Meeting, City Hall 21 W. First Avenue 865-2409
6 p.m. ZILLAH TOPS, Civic Center, 119 First Avenue, 829-5282
Friday, May 13
ZILLAH Community Days Stewart Park
ZILLAH Kids fishing derby
Saturday, May 14
ZILLAH Community Days including, Lions club breakfast, parade, fun run and pie baking contest
Monday, May 16
6 p.m. TOPPENISH Women’s self defense class for more info contact Sgt. Jake Church 865-1630
6 p.m. ZILLAH City Council Study Session & Council Meeting, City Hall Council Chambers, 111 Seventh Street, 829-5151
7 p.m. WAPATO City Council Meeting, City Hall Council Chambers, 205 East Third Street 877-2334
7 p.m. ZILLAH Quilt Club Meeting, Civic Center, 119 First Avenue, 829-5282
Tuesday, May 17
Noon TOPPENISH Rotary Meeting, Heritage Inn Restaurant, 14 Tribes Room, Highway 97, 865-6319
6 p.m. GRANGER City Council Workshop, City Hall Council Chambers, 102 Main Street 854-1725
6 p.m. TOPPENISH City Planning Commission Meeting, City Hall Council Chambers, 21 West First Avenue 865-7318
6 p.m. TOPPENISH Community Meeting, United Methodist Church, 201 North Beech Street, Toppenish, Community Involvement and up coming events, and activities, planning for the summer months, Parent Classes, CSN BBQ, 2011 National Night Out, Community Graffiti Paint Outs & Clean-ups. Diane Sampson 865-5104
6 p.m. TOPPENISH Women’s self defense class for more info contact Sgt. Jake Church 865-1630
6:30 p.m. ZILLAH Lions Club Meeting, Civic Center, 119 First Avenue 829-5282
6:30 p.m. TOPPENISH Lions Club Meeting, Mt Adams Country Club Hwy 97
7 p.m. ZILLAH City Planning Commission Meeting, City Hall Council Chambers, 111 Seventh Street 829-5151
Wednesday, May 18
6 p.m. TOPPENISH Women’s self defense class for more info contact Sgt. Jake Church 865-1630
6:30 p.m. TOPPENISH TOPS, Community Hospital, Conference Room, 502 West Fourth Avenue, 457-4538
3 p.m. GRANGER Library, school age story with activity, elementary students are invited to the library for a story and activity.
4 p.m. BUENA Library, blast after school tutoring, reading and math tutoring are available for grades K-5 registration required
4 p.m. WAPATO Library, Catch the Wind, children, teens Greg Greger will demonstrate how to make your own kite. Children must be in the 4th grade or older. Younger participants must have a teen or adult partner. Registration is required. Sign up with your partner. Space is limited to 10 teams.
6:30 p.m. TOPPENISH TOPS, Community Hospital, Conference Room, 502 West Fourth Avenue, 457-4538
7 p.m. TOPPENISH Rodeo & Livestock Association meeting, rodeo grounds office, more info call Barb 949-5957
Thursday, May 12
ZILLAH community days for more info call 509-829-5055
ZILLAH Community Days Stewart Park
ZILLAH Miss Zillah Contest
11 a.m. TOPPENISH Library, pre school story time, stories songs and activities for pre schoolers
4 p.m. BUENA Library, blast after school tutoring, reading and math tutoring are available for grades K-5 registration required
5 p.m. TOPPENISH Parks & Rec Board of Directors Meeting, City Hall 21 W. First Avenue 865-2409
6 p.m. ZILLAH TOPS, Civic Center, 119 First Avenue, 829-5282
Friday, May 13
ZILLAH Community Days Stewart Park
ZILLAH Kids fishing derby
Saturday, May 14
ZILLAH Community Days including, Lions club breakfast, parade, fun run and pie baking contest
Monday, May 16
6 p.m. TOPPENISH Women’s self defense class for more info contact Sgt. Jake Church 865-1630
6 p.m. ZILLAH City Council Study Session & Council Meeting, City Hall Council Chambers, 111 Seventh Street, 829-5151
7 p.m. WAPATO City Council Meeting, City Hall Council Chambers, 205 East Third Street 877-2334
7 p.m. ZILLAH Quilt Club Meeting, Civic Center, 119 First Avenue, 829-5282
Tuesday, May 17
Noon TOPPENISH Rotary Meeting, Heritage Inn Restaurant, 14 Tribes Room, Highway 97, 865-6319
6 p.m. GRANGER City Council Workshop, City Hall Council Chambers, 102 Main Street 854-1725
6 p.m. TOPPENISH City Planning Commission Meeting, City Hall Council Chambers, 21 West First Avenue 865-7318
6 p.m. TOPPENISH Community Meeting, United Methodist Church, 201 North Beech Street, Toppenish, Community Involvement and up coming events, and activities, planning for the summer months, Parent Classes, CSN BBQ, 2011 National Night Out, Community Graffiti Paint Outs & Clean-ups. Diane Sampson 865-5104
6 p.m. TOPPENISH Women’s self defense class for more info contact Sgt. Jake Church 865-1630
6:30 p.m. ZILLAH Lions Club Meeting, Civic Center, 119 First Avenue 829-5282
6:30 p.m. TOPPENISH Lions Club Meeting, Mt Adams Country Club Hwy 97
7 p.m. ZILLAH City Planning Commission Meeting, City Hall Council Chambers, 111 Seventh Street 829-5151
Wednesday, May 18
6 p.m. TOPPENISH Women’s self defense class for more info contact Sgt. Jake Church 865-1630
6:30 p.m. TOPPENISH TOPS, Community Hospital, Conference Room, 502 West Fourth Avenue, 457-4538
Top-Hi student fakes pregnancy to show stereotypes
- By Review Staff
- Published 04/27/2011
- Front Page
- Unrated
Photo published by permission of the Yakima Herald-Republic
Wednesday morning 17-year-old Gaby Rodriguez surprised the Top-hi student body at a school-wide assembly when she announced, “…In reality, I’m not pregnant.” 
