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About Illinois Valley news. (Cave City, Oregon) 1937-current | View Entire Issue (May 13, 2009)
Page 10 Illinois Valley News, Cave Junction, Ore. Wednesday, May 13, 2009 Man shot by deputy in 2006 O’Brien incident files federal lawsuit (Continued from page 1) Equal Protection Act, and de- mands a trial by judge. States the suit: “Individually listed Defendants are liable for violations of the Oregon Constitution, and are liable for assault, negligence, intentional infliction of emo- tional distress, intentional inflic- tion of physical distress, endan- gering the life, safety, health and physical well being of Plaintiff Kurtis Kern Korff; negligent infliction of emotional distress, perjury; conspiracy to commit perjury and lie, conspiracy to commit malicious prosecution in violation of state laws.” The suit accuses the county and OSP of “knowingly engag- ing in and conspiring to execute a false or phony prosecution which was only and always without merit; it was in fact ma- licious prosecution.” It states that the defendants also “carried out their wanton and malicious acts entirely based on false pre- tenses, whereas others of these Defendants actually fabricated evidence.” Geiger “is sued both in his individual and official capacity” and is accused of “unlawful and unjustified use of deadly force” against Korff. The suit also states that Geiger “lied under oath and under penalty of per- jury about his involvement and direct role in the shooting and attempted murder” of Korff, along with Johnson. Johnson and Geiger “fired a total of seven rounds from their weapons between them,” the suit states. It accuses Johnson of “specifically shooting Plaintiff Kurtis Korff in the right tempo- ral region of his head, from ‘point blank’ range.” Official Forensics Questioned The suit also casts asper- sions on the forensics used in Korff’s criminal case. “The processing of the crime scene and its claimed ‘evidence’ was not performed in an objective nor scientific man- ner,” the suit states. “OSP and Defendants Josephine County failed to adequately investigate and process this crime scene, which resulted in the Plaintiff being falsely charged with at- tempted murder and assault.” Also mentioned in the suit is the accusation that Geiger’s father, a JCSO reserve deputy, “‘guarded’ the crime scene in- volving an officer shooting by his own son.” Particular questions are raised in the suit surrounding the ballistics of the bullet shot at Korff. The suit states, “Police re- ports indicate Geiger shot Korff through the windshield. Bullets that penetrate glass usually have fragments of glass embedded in them. “Absolutely no glass was identified by the crime lab nor in any examination conducted by any party on the bullet that penetrated Korff. No fine glass fragments were noted in or near the entrance wound.” Lingering Medical Issues According to the lawsuit, “Korff required two units of blood transfused and was emer- gently transported via Life Flights to OHSU Hospital in Portland” immediately after being shot on Feb. 26, 2006. The suit states that the bul- let that struck Korff was re- moved from his jaw on July 20, 2006, nearly six months after the shooting. It is now claimed in the lawsuit that Korff’s jaw has healed improperly because of the delay. “His doctor indicated the bullet had caused a major infec- tion and should have been re- moved much earlier,” the suit states. “This deliberate decision not to remove the bullet… caused extreme pain, permanent nerve damage, migraine head- aches, balance and equilibrium problems that may be perma- nent now, thanks to Defendants willfully breaking the law, and now broken teeth.” Korff has “suffered physi- cal pain and suffering, including problems with ordinary tasks such as eating, walking and enjoying a pain-free life” since being shot, the suit states. Claims for Relief The first claim for relief listed in the lawsuit stems from allegations that the defendants deprived Korff of his civil rights “arising from the use of deadly force.” It singles out Geiger and Johnson, and states that the deputies “decided to use deadly force against Korff even after observing that Korff was un- armed” and “made a choice to use a higher level of force to make Korff comply with com- mands when Korff presented no danger to anyone and was there- fore objectively unreasonable under the circumstances. “Neither Defendant at- tempted to use a degree of force less than a gun,” the suit states. “Neither Defendant had prob- able cause to believe that Korff presented any danger to them- selves or others.” The second claim for relief states that Korff’s federal civil rights to due process were vio- lated. It states that the defen- dants did not provide “exculpatory evidence in their possession to Plaintiff and his counsel” including crime scene photos, forensic tests, reports and internal affairs reports about the shooting. According to the lawsuit, Korff’s criminal attorney, Mary Landers, “was not aware at the time of the first trial of the ex- culpatory evidence.” The defendants listed in the suit are accused of attempting to coerce Korff into a guilty plea under the seventh claim for re- lief. “Defendant deputies, acting under color of their offices, threatened, intimidated, and coerced Plaintiff while in his jail cell, or needlessly accompanied Plaintiff to medical appoint- ments,” the suit states. “Said actions were done with the in- tent of scaring Plaintiff into pleading guilty.” Johnson is specifically mentioned in the lawsuit, which states that he “repeatedly at- tempted to intimidate Korff.” The suit states that “Korff’s mother had to write the Sheriff to put a stop to Johnson’s intimi- dation of Korff,” and that Gilbertson later removed John- son from duties at the jail as a result. Neither Gilbertson nor Jo- sephine County Legal Counsel Steve Rich would comment on the suit. Rich did state, however, that the county would seek out- side counsel in handling it. LEGAL NOTICE TRUSTEE’S NOTICE OF SALE Loan No.: 0059611004 T.S. No.: OR-09-272695-SH Reference is made to that certain deed made by ROBERT HATCHER as Grantor to FIRST AMERICAN TITLE IN- SURANCE, as Trustee, in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FIRST HORIZON HOME LOAN CORPORATION, as Beneficiary, dated 12/11/2006, recorded 12/14/2006, in official records of Josephine County, Oregon, in book/reel/volume No. XXX, at page No. XXX fee/file/instrument/microfile/reception No. 2006-025041 covering the following described real property situated in said County and State, to wit: APN: R331523 FOR FULL LEGAL SEE AT- TACHED EXHIBIT "A" EXHIBIT "A" REAL PROPERTY IN THE JOSEPHINE, STATE OF OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SECTION 2, TOWNSHIP 40 SOUTH, RANGE 8 WEST OF THE WILLAMETTE MERIDIAN, JOSEPHINE COUNTY OREGON; THENCE EAST 433 FEET TO THE WEST RIGHT OF WAY LINE OF THE BRIDGEVIEW AND TAKILMA COUNTY ROAD; THENCE NORTH 20º24' EAST ALONG SAID RIGHT OF WAY LINE 446 FEET, TO THE TOP OF THE SOUTH BANK OF THE DIVERSION CUT FOR WHAT IS KNOW AS HOPKINS SLOUGH; THENCE NORTHWESTERLY ALONG THE TOP OF SAID BANK WITH ITS MEANDERING'S 525 FEET, MORE OR LESS, TO THE MOUTH OF SAID CUT; THENCE WEST 364 FEET TO THE LINE BETWEEN THE EAST HALF AND WEST HALF OF SECTION 2, TOWNSHIP 40 SOUTH, RANGE 8 WEST OF THE WILLAMETTE MERIDIAN, JOSEPHINE COUNTY OREGON; THENCE SOUTH ALONG SAID LINE 854 FEET, MORE OR LESS TO THE POINT OF BEGINNING. EXCEPTING THEREFROM; THAT PORTION CONVEYED TO JOSEPHINE COUNTY (PUBLIC WORKS), A POLITICAL SUBDIVISION OF THE STATE OF OREGON, AS DISCLOSED IN WAR- RANTY DEED RECORDED OCTOBER 10, 2006 AS DOCUMENT NO. 2006-020385. NOTE: THIS LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 1, 2008 TAX PARCEL NUMBER: R331523 AND R344091 Commonly known as: 4180 TAKILMA ROAD CAVE JUNCTION, OR 97523 Both the beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said trust deed and a notice has been recorded pursuant to Section 86.735 (3) of Oregon Revised Statutes; the default for which the foreclosure is made is the grantor’s: Installment of principal and interest plus impounds and/or advances which became due on 1/1/2009 plus amounts that are due or may become due for the following: late charges, delinquent property taxes, insurance premi- ums, advances made on senior liens, taxes and/or insurance, trustee’s fees, and any attorney fees and court costs arising from or associated with beneficiaries effort to protect and preserve its security must be cured as a condition of reinstatement. Monthly Payment $3,357.88 Monthly Late Charge $133.03 By this reason of said default the beneficiary has declared all obligations secured by said trust deed immediately due and payable, said sums being the following, to wit: The sum of $391,856.47 together with interest thereon at the rate of 7.0000 per annum from 12/1/2008 until paid; plus all ac- crued late charges thereon; and all trustee’s fees, foreclosure costs and any sums advanced by the beneficiary pursuant to the terms of said deed of trust. Whereof, notice hereby is given that, FIRST TRUSTEE’S NOTICE OF SALE Loan No.: 0596512305 T.S. No.: OR-09-268882-SH Refer- ence is made to that certain deed made by BRUCE M. STEEL AND VETTA E. STEEL, AS TENANTS BY THE ENTIRETY as Grantor to TICOR TITLE COMPANY, as Trustee, in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ("MERS"), AS NOMINEE FOR GATEWAY BUSINESS BANK, DBA MISSON HILLS MORTGAGE BANKERS, as Beneficiary, dated 11/5/2007, recorded 11/13/2007, in official records of Josephine County, Oregon, in book/ reel/volume No. XXX, at page No. XXX fee/file/ instrument/microfile/reception No. 2007-021555 covering the following described real property situated in said County and State, to wit: APN: R300784 THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 34 SOUTH, RANGE 5 WEST OF THE WILLAMETTE MERIDIAN, JOSEPHINE COUNTY, OREGON. Commonly known as: 1447 GREENBACK MINE ROAD WOLF CREEK, OR 97497 Both the beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said trust deed and a no- tice has been recorded pursuant to Section 86.735 (3) of Oregon Revised Statutes; the de- fault for which the foreclosure is made is the grantor’s: Installment of principal and interest plus impounds and/or advances which became due on 1/1/2009 plus amounts that are due or may be- come due for the following: late charges, delin- quent property taxes, insurance premiums, ad- vances made on senior liens, taxes and/or insur- ance, trustee’s fees, and any attorney fees and court costs arising from or associated with benefi- ciaries effort to protect and preserve its security must be cured as a condition of reinstatement. Monthly Payment $2,713.12 Monthly Late Charge $135.66 By this reason of said default the benefi- ciary has declared all obligations secured by said trust deed immediately due and payable, said sums being the following, to wit: The sum of $408,663.31 together with interest thereon at the rate of 6.8750 per annum from 12/1/2008 until paid; plus all accrued late charges thereon; and all trustee’s fees, foreclosure costs and any sums advanced by the beneficiary pursuant to the terms of said deed of trust. Whereof, notice hereby is given that, FIRST AMERICAN TITLE INSURANCE COMPANY, the undersigned trus- tee will, on 8/18/2009, at the hour of 01:00 PM, Standard of Time, as established by section 187.110, Oregon Revised Statutes, at the front door to the Josephine County Courthouse, Sixth and "C" Street, Grants Pass, OR County of Jose- phine, State of Oregon, sell at public auction to the highest bidder for cash the interest in the said described real property which the grantor had or had power to convey at the time of execution by him of the said trust deed, together with any inter- est which the grantor or his successors in interest acquired after the execution of said trust deed, to satisfy the foregoing obligations thereby secured and the costs and expenses of sale, including a reasonable charge by the trustee. Notice is fur- ther given that any person named in section 86.753 of Oregon Revised Statutes has the right to have the foreclosure proceeding dismissed and the trust deed reinstated by payment to the beneficiary of the entire amount then due (other than such portion of said principal as would not then be due had no default occurred), together with the costs, trustee’s and attorney’s fees and curing any other default complained of in the No- tice of Default by tendering the performance re- quired under the obligation or trust deed, at any time prior to five days before the date last set for sale. For Sale Information Call: 714-573-1965 or Login to www.priorityposting.com. In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word “grantor” includes any successor in interest to the grantor as well as any other per- sons owing an obligation, the performance of which is secured by said trust deed, the words “trustee” and “beneficiary” include their respective successors in interest, if any. Pursuant to Oregon Law, this sale will not be deemed final until the Trustee’s deed has been issued by Quality Loan Service. If there are any irregularities are discov- ered within 10 days of the date of this sale, that the trustee will rescind the sale, return the buyer’s money and take further action as necessary. If the Trustee is unable to convey title for any rea- son, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. Dated: 4/14/2009 FIRST AMERICAN TITLE INSURANCE COMPANY, as Trustee By: Quality Loan Service Corp. of Wash- ington, as agent Quality Loan Service Corp. of Washington 2141 5th Avenue San Diego, CA 92101 619-645-7711 OR-09-268882-SH Signa- ture By: HAZEL GARCIA, Assistant Secretary For Non-Sale Information: Quality Loan Service Corp. of Washington 2141 5th Avenue San Diego, CA 92101 619-645-7711 Fax: 619-645-7716 If you have previously been discharged through bank- ruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holder’s rights against the real property only. This Office is at- tempting to collect a debt and any information obtained will be used for that purpose. As re- quired by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. P#559251 Publish & Affd: illinois-valley-news.com 4/22, 4/29, 5/6, 05/13/2009 AMERICAN TITLE INSURANCE COMPANY, the undersigned trustee will, on 8/25/2009, at the hour of 01:00 PM, Standard of Time, as established by section 187.110, Oregon Revised Statutes, at At the front door to the Josephine County Courthouse, Sixth and "C" Street, Grants Pass, OR County of Jo- sephine, State of Oregon, sell at public auction to the highest bidder for cash the interest in the said described real property which the grantor had or had power to convey at the time of execution by him of the said trust deed, together with any interest which the grantor or his successors in interest ac- quired after the execution of said trust deed, to satisfy the foregoing obligations thereby secured and the costs and expenses of sale, including a reasonable charge by the trustee. Notice is further given that any person named in section 86.753 of Oregon Revised Statutes has the right to have the foreclo- sure proceeding dismissed and the trust deed reinstated by payment to the beneficiary of the entire amount then due (other than such portion of said principal as would not then be due had no default occurred), together with the costs, trustee’s and attorney’s fees and curing any other default com- plained of in the Notice of Default by tendering the performance required under the obligation or trust deed, at any time prior to five days before the date last set for sale. For Sale Information Call: 714-573- 1965 or Login to www.priorityposting.com. In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word “grantor” includes any successor in in- terest to the grantor as well as any other persons owing an obligation, the performance of which is secured by said trust deed, the words “trustee” and “beneficiary” include their respective successors in interest, if any. Pursuant to Oregon Law, this sale will not be deemed final until the Trustee’s deed has been issued by Quality Loan Service. If there are any irregularities are discovered within 10 days of the date of this sale, that the trustee will rescind the sale, return the buyer’s money and take further action as necessary. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. Dated: 4/22/2009 FIRST AMERICAN TITLE INSURANCE, as Trustee By: Quality Loan Service Corp. of Washington, as agent Quality Loan Service Corp. of Washington 2141 5th Avenue San Diego, CA 92101 619-645-7711 OR-09-272695-SH Signature By: SETH OTT, Assis- tant Secretary For Non-Sale Information: Quality Loan Service Corp. of Washington 2141 5th Avenue San Diego, CA 92101 619-645-7711 Fax: 619-645-7716 If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holder’s rights against the real property only. This Office is at- tempting to collect a debt and any information obtained will be used for that purpose. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be sub- mitted to a credit report agency if you fail to fulfill the terms of your credit obligations. P#562606 Publish & Affd: TRUSTEE’S NOTICE OF SALE Loan No.: 5002638386 T.S. No.: OR-08-190570-CM Refer- ence is made to that certain deed made by DAVID M HERNDON AND MICHELE D HERN- DON, AS TENANTS BY THE ENTIRETY as Grantor to LAWYERS TITLE REALTY SERVICE, as Trustee, in favor of MORTGAGE ELEC- TRONIC REGISTRATION SYSTEMS, INC., ("MERS"), AS NOMINEE FOR CAPITAL ONE HOME LOANS, INC., as Beneficiary, dated 5/13/2005, recorded 5/27/2005, in official records of Josephine County, Oregon, in book/reel/ volume No. xxx, at page No. xxx fee/file/ instrument/microfile/reception No. 2005-011815 covering the following described real property situated in said County and State, to wit: APN: R331482 PARCEL A: Parcel 2 of PARTITION PLAT NO. 1992-104, in Josephine County, Ore- gon. PARCEL B: Easement for the benefit of Par- cel No. A, as created by instrument Recorded: Mach 25, 1968, Volume 258, Page 564, Records of Josephine County, Oregon, for Ingress and Egress. Subject to the terms, provisions and con- ditions set forth in said instrument. Commonly known as: 4411 HOLLAND LOOP RD CAVE JUNCTION, OR 97523 Both the beneficiary and the trustee have elected to sell the said real prop- erty to satisfy the obligations secured by said trust deed and a notice has been recorded pursu- ant to Section 86.735 (3) of Oregon Revised Stat- utes; the default for which the foreclosure is made is the grantor’s: Installment of principal and interest plus impounds and/or advances which became due on 8/18/2008 plus amounts that are due or may become due for the following: late charges, delinquent property taxes, insurance premiums, advances made on senior liens, taxes and/or insurance, trustee’s fees, and any attorney fees and court costs arising from or associated with beneficiaries effort to protect and preserve its security must be cured as a condition of rein- statement. Monthly Payment $715.62 Monthly Late Charge $35.78 By this reason of said default the beneficiary has declared all obligations se- cured by said trust deed immediately due and payable, said sums being the following, to wit: The sum of $71,397.48 together with interest thereon at the rate of 9.4300 per annum from 7/18/2008 until paid; plus all accrued late charges thereon; and all trustee’s fees, foreclosure costs and any sums advanced by the beneficiary pur- suant to the terms of said deed of trust. Whereof, notice hereby is given that, FIRST AMERICAN TITLE INSURANCE COMPANY, the undersigned trustee will, on 8/17/2009, at the hour of 1:00 PM, Standard of Time, as established by section 187.110, Oregon Revised Statutes, at At the front door to the Josephine County Courthouse, Sixth and "C" Street, Grants Pass, OR County of Jose- phine, State of Oregon, sell at public auction to the highest bidder for cash the interest in the said described real property which the grantor had or had power to convey at the time of execution by him of the said trust deed, together with any inter- 5/6, 5/13, 5/20, 05/27/2009 est which the grantor or his successors in interest acquired after the execution of said trust deed, to satisfy the foregoing obligations thereby secured and the costs and expenses of sale, including a reasonable charge by the trustee. Notice is fur- ther given that any person named in section 86.753 of Oregon Revised Statutes has the right to have the foreclosure proceeding dismissed and the trust deed reinstated by payment to the beneficiary of the entire amount then due (other than such portion of said principal as would not then be due had no default occurred), together with the costs, trustee’s and attorney’s fees and curing any other default complained of in the No- tice of Default by tendering the performance re- quired under the obligation or trust deed, at any time prior to five days before the date last set for sale. For Sale Information Call: 714-573-1965 or Login to www.priorityposting.com. In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word “grantor” includes any successor in interest to the grantor as well as any other per- sons owing an obligation, the performance of which is secured by said trust deed, the words “trustee” and “beneficiary” include their respective successors in interest, if any. Pursuant to Oregon Law, this sale will not be deemed final until the Trustee’s deed has been issued by Quality Loan Service. If there are any irregularities are discov- ered within 10 days of the date of this sale, that the trustee will rescind the sale, return the buyer’s money and take further action as neces- sary. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and ex- clusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. Dated: 4/10/2009 FIRST AMERICAN TITLE INSURANCE COM- PANY, as Trustee By: Quality Loan Service Corp. of Washington, as agent Quality Loan Service Corp. of Washington 2141 5th Avenue San Diego, CA 92101 619-645-7711 OR-08-190570- CM Signature By: Hazel Garcia, Assistant Secre- tary For Non-Sale Information: Quality Loan Ser- vice Corp. of Washington 2141 5th Avenue San Diego, CA 92101 619-645-7711 Fax: 619-645- 7716 If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holder’s rights against the real property only. This Office is attempting to collect a debt and any information obtained will be used for that purpose. As re- quired by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. P#558281 Publish & Affd: 4/22, 4/29, 5/6, 05/13/2009
