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About Illinois Valley news. (Cave City, Oregon) 1937-current | View Entire Issue (Dec. 30, 2009)
Page 8 Illinois Valley News, Cave Junction, Ore. Wednesday, December 30, 2009 Lawsuit contends Oregon law violates employers’ free speech rights Associated Oregon In- dustries (AOI) announced Tuesday, Dec. 22 that it has filed a federal lawsuit arguing that a new Oregon law un- constitutionally eliminates an employer’s federally pro- tected right to conduct man- datory meetings with employ- ees to provide information on the effects and drawbacks of a unionized workplace. The lawsuit was filed in partnership with the U.S. Chamber of Commerce. The new law, Senate Bill 519, was passed by the 2009 Oregon Legislature despite warnings from the business community that the legisla- tion would violate federal law, AOI said. “AOI demonstrated very clearly to the Oregon legisla- ture that SB 519 was an unlawful and unconstitutional violation of an employer’s federally protected right to hold mandatory meeting with employees,” said AOI Presi- dent and CEO Jay Clements. “We are now forced to de- fend the free speech rights of Oregon employers in federal court because the Oregon Legislature refused to do so.” The case is Associated Oregon Industries and Cham- ber of Commerce of the United States v. Brad Ava- kian and Laborers’ Interna- tional Union of North Amer- ica, Local No. 296. In the federal lawsuit, AOI argues that federal law pre-empts Oregon’s SB 519, which AOI said runs counter to 50 years of federal protec- tion for employers’ rights to hold mandatory meetings to rebut union rhetoric about unionizing. The lawsuit also contends that SB 519 violates employers’ speech rights guaranteed by the First Amendment. AOI said that Oregon is the first state to pass an em- ployer “gag” law. SB 519 is based on model legislation drafted by the AFL-CIO un- ion designed to undermine federally protected employer speech rights on a state-by- state basis, AOI said. It added that such law is designed to give labor unions unprece- dented power and advantage in union organizing cam- paigns. “Right now, Oregon is the battleground for employer speech rights nationwide,” Clemens said. “Unions are having a hard enough time organizing workplaces based on merit, so their strategy now consists of unconstitutionally muzzling employers and changing the rules for their own gain on a state-by-state basis. Today, AOI and the U.S. Chamber are taking a stand for the rights of employers across our great country.” LEGAL NOTICE TRUSTEE’S NOTICE OF SALE T.S. No.: OR-09- 326416-SH Reference is made to that certain deed made by LARRY MCCUE & JULIE MCCUE as Grantor to Ticor Title Insurance Company, as Trustee, in favor of Fidelity National Mortgage, as Beneficiary, dated 10/27/2004, recorded 11/02/2004, in official records of Josephine County, Oregon, in book/reel/volume No. xxx, at page No. xxx fee/file/instrument/microfile/reception No. 2004-025451 covering the following described real property situated in said County and State, to wit: APN: R340003 37-05-07-00-001202-00 PAR- CEL 2 OF PARTITION PLAT NO. 1997-013, IN JOSEPHINE COUNTY, OREGON. Commonly known as: 1644 JAYNES DRIVE, GRANTS PASS, OR 97527 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: The installments of principal and interest which became due on 8/1/2009, and all subse- quent installments of principal and interest through the date of this Notice, plus amounts that are due for late charges, delinquent property taxes, insur- ance premiums, advances made on senior liens, taxes and/or insurance, trustee’s fees, and any attorney fees and court costs arising from or asso- ciated with the beneficiaries efforts to protect and preserve its security, all of which must be paid as a condition of reinstatement, including all sums that shall accrue through reinstatement or pay-off. Nothing in this notice shall be construed as a waiver of any fees owing to the Beneficiary under the Deed of Trust pursuant to the terms of the loan documents. Monthly Payment $1,721.78 Monthly Late Charge $79.43 By this reason of said default the beneficiary has declared all obli- gations secured by said trust deed immediately due and payable, said sums being the following, to wit: The sum of $150,884.77 together with inter- est thereon at the rate of 5.3750 per annum from 7/1/2009 until paid; plus all accrued late charges thereon; and all trustee’s fees, foreclosure costs and any sums advanced by the beneficiary pursu- ant to the terms of said deed of trust. Whereof, notice hereby is given that, First American Title Insurance Company, the undersigned trustee will, on 3/31/2010, at the hour of 01:00 PM, Standard of Time, as established by section 187.110, Ore- gon Revised Statutes, at At the front door to the Josephine County Courthouse, 500 NW 6th Street Grants Pass, OR County of Josephine, 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 acquired after the execution of said trust deed, to satisfy the foregoing obligations thereby secured and the costs and expenses of sale, including a reason- able charge by the trustee. Notice is further given that any person named in section 86.753 of Ore- gon 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 por- tion of said principal as would not then be due had no default occurred), together with the costs, trus- tee’s and attorney’s fees and curing any other default complained 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 interest 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 First American Title Insurance Company. If there are any irregularities are dis- covered 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 exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortga- gor, the Mortgagee, or the Mortgagee’s Attorney. NOTICE TO TENANTS If you are a tenant of this property, foreclosure could affect your rental agreement. A purchaser who buys this property at a foreclosure sale has the right to require you to move out after giving you notice of the require- ment. If you do not have a fixed-term lease, the purchaser may require you to move out after giv- ing you a 30-day notice on or after the date of the sale. If you have a fixed-term lease, you may be entitled to receive after the date of the sale a 60- day notice of the purchaser's requirement that you move out. To be entitled to either a 30-day or 60- day notice, you must give the Trustee of the Deed of Trust written evidence of your rental agreement at least 30 days before the date first set for the sale. If you have a fixed-term lease, you must give the Trustee a copy of the rental agreement. If you do not have a fixed-term lease and cannot provide a copy of the rental agreement, you may give the trustee other written evidence of the existence of the rental agreement. The date that is 30 days before the date of the sale is 3/1/2010 the name of the Trustee and the Trustee's mailing address is set forth on this Notice of Sale below. Federal law may grant you additional rights, including a right to a longer notice period. Consult a lawyer for more information about your rights under federal law. You have the right to apply your security deposit and any rent you prepaid toward your current obli- gation under your rental agreement. If you want to do so, you must notify your Landlord in writing and in advance that you intend to do so. If you believe you need legal assistance with this matter, you may contact the Oregon State Bar and ask for the lawyer referral service. Contact information for the Oregon State Bar is included below with this no- tice. If you have a low income and meet federal poverty guidelines, you may be eligible for free legal assistance. Contact information for where you can obtain free legal assistance is included below with this notice. Oregon State Bar (503) 684-3763; (800) 452-7636 Legal assistance: www.lawhelp.org/or/index.cfm Dated: 11/23/2009 First American Title Insurance Company, as Trus- tee 3 First American Way Santa Ana, CA 92707 Signature By: Seth Ott, Assistant Secretary Qual- ity Loan Service Corp. of Washington, as agent for First American Title Insurance Company 2141 5th Avenue San Diego, CA 92101 619-645-7711 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 in- tended 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 required by law, you are hereby notified that a negative credit report reflect- ing on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. P#642115 Publish & affd.: 12/9, 12/16, 12/23, 12/30/2009 TRUSTEE’S NOTICE OF SALE T.S. No.: OR-09- 324642-SH Reference is made to that certain deed made by KEVIN CARR as Grantor to First American Title Insurance Company, as Trustee, in favor of Mortgage Electronic Registration Sys- tems, Inc., as nominee for First Horizon Home Loans, A division of First Tennessee Bank N.A., as Beneficiary, dated 3/28/2008, recorded 04/01/2008, in official records of Josephine County, Oregon, in book/reel/volume No. xxx, at page No. xxx fee/file/instrument/microfile/reception No. 2008-005451 covering the following described real property situated in said County and State, to wit: APN: R336229 Lot 14 of Patriot subdivision, phase 2, located in the Northeast quarter of sec- tion 25, township 36 South, range 6 West, of the Willamette Meridian, Josephine county, Oregon, according to the official plat thereof, recorded in volume 9, page 90, plat records. Commonly known as: 1750 PATRIOT LANE, GRANTS PASS, OR 97527 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: The installments of principal and interest which became due on 8/1/2009, and all subse- quent installments of principal and interest through the date of this Notice, plus amounts that are due for late charges, delinquent property taxes, insur- ance premiums, advances made on senior liens, taxes and/or insurance, trustee’s fees, and any attorney fees and court costs arising from or asso- ciated with the beneficiaries efforts to protect and preserve its security, all of which must be paid as a condition of reinstatement, including all sums that shall accrue through reinstatement or pay-off. Nothing in this notice shall be construed as a waiver of any fees owing to the Beneficiary under the Deed of Trust pursuant to the terms of the loan documents. Monthly Payment $1,952.67 Monthly Late Charge $69.90 By this reason of said default the beneficiary has declared all obli- gations secured by said trust deed immediately due and payable, said sums being the following, to wit: The sum of $209,938.38 together with inter- est thereon at the rate of 6.8750 per annum from 7/1/2009 until paid; plus all accrued late charges thereon; and all trustee’s fees, foreclosure costs and any sums advanced by the beneficiary pursu- ant to the terms of said deed of trust. Whereof, notice hereby is given that, First American Title Insurance Company, the undersigned trustee will, on 4/20/2010, at the hour of 01:00 PM, Standard of Time, as established by section 187.110, Ore- gon Revised Statutes, at At the front door to the Josephine County Courthouse, 500 NW 6th Street Grants Pass, OR County of Josephine, 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 acquired after the execution of said trust deed, to satisfy the foregoing obligations thereby secured and the costs and expenses of sale, including a reason- able charge by the trustee. Notice is further given that any person named in section 86.753 of Ore- gon 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 por- tion of said principal as would not then be due had no default occurred), together with the costs, trus- tee’s and attorney’s fees and curing any other default complained 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 interest 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 First American Title Insurance Company. If there are any irregularities are dis- covered 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 exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortga- gor, the Mortgagee, or the Mortgagee’s Attorney. NOTICE TO TENANTS If you are a tenant of this property, foreclosure could affect your rental agreement. A purchaser who buys this property at a foreclosure sale has the right to require you to move out after giving you notice of the require- ment. If you do not have a fixed-term lease, the purchaser may require you to move out after giv- ing you a 30-day notice on or after the date of the sale. If you have a fixed-term lease, you may be entitled to receive after the date of the sale a 60- day notice of the purchaser's requirement that you move out. To be entitled to either a 30-day or 60- day notice, you must give the Trustee of the Deed of Trust written evidence of your rental agreement at least 30 days before the date first set for the sale. If you have a fixed-term lease, you must give the Trustee a copy of the rental agreement. If you do not have a fixed-term lease and cannot provide a copy of the rental agreement, you may give the trustee other written evidence of the existence of the rental agreement. The date that is 30 days before the date of the sale is 3/21/2010 the name of the Trustee and the Trustee's mailing address is set forth on this Notice of Sale below. Federal law may grant you additional rights, including a right to a longer notice period. Consult a lawyer for more information about your rights under federal law. You have the right to apply your security de- posit and any rent you prepaid toward your current obligation under your rental agreement. If you want to do so, you must notify your Landlord in writing and in advance that you intend to do so. If you believe you need legal assistance with this matter, you may contact the Oregon State Bar and ask for the lawyer referral service. Contact infor- mation for the Oregon State Bar is included below with this notice. If you have a low income and meet federal poverty guidelines, you may be eligi- ble for free legal assistance. Contact information for where you can obtain free legal assistance is included below with this notice. Oregon State Bar (503) 684-3763; (800) 452-7636 Legal assistance: www.lawhelp.org/or/index.cfm Dated: 12/11/2009 First American Title Insurance Company, as Trus- tee 3 First American Way Santa Ana, CA 92707 Signature By: Seth Ott, Assistant Secretary Qual- ity Loan Service Corp. of Washington, as agent for First American Title Insurance Company 2141 5th Avenue San Diego, CA 92101 619-645-7711 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 in- tended 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 required by law, you are hereby notified that a negative credit report reflect- ing on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. P647751 Publish & Affd: 12/23, 12/30/2009, 1/6/2010, 01/13/2010 TRUSTEE’S NOTICE OF SALE Pursuant to O.R.S. 86.705, et seq. and O.R.S. 79-5010, et seq. Trustee No.: fc23834-5 Loan No.: 014245335 Title No.: 4270908 Reference is made to that cer- tain Trust Deed made by Gregory E. Liles, as Grantor, to David E. Fennell, as Trustee, in favor of Suntrust Mortgage, Inc., as Beneficiary, dated 09/23/2003, Recorded on 10/03/2003 as Instru- ment No. 2003-024524, in the mortgage records of Josephine County, Oregon, recorded on 10/03/2003 as Instrument No. 2003-024524. The beneficial interest under said Trust Deed and the obligations secured thereby are presently held by Suntrust Mortgage, Inc.. Said Trust Deed encum- bers the following described real property situated in said county and state, to-wit: See attached Ex- hibit "A" Exhibit "A" Parcel I: The Northwest Quar- ter of the Northeast Quarter of Section 11, Town- ship 41 South, Range 9 West, of the Willamette Meridian Josephine County, Oregon. Less and Except Beginning at the Southwest corner of the Northwest Quarter of the Northeast Quarter of Section 11, Township 41 South, Range 9 West, of the Willamette Meridian, Josephine County, Ore- gon; thence East along the South line of said Northwest Quarter of the Northeast Quarter of said section to the Southeast corner thereof; thence North along the East line thereof, 660 feet; thence West, parallel with the said South line 660 feet; thence South and parallel with said East line 330 feet; thence West, parallel with said South line thereof to a point on the West line of said Northwest Quarter of the Northeast Quarter of said section; thence South 330 feet to the point of beginning. Parcel 2: Beginning at the Southwest corner of the Northwest Quarter of the Northeast Quarter of section 11, Township 41 South, Range 9 West, of the Willamette Meridian, Josephine County, Oregon; thence East along the South line of said Northwest Quarter of the Northeast Quar- ter of said section to the Southeast corner thereof; thence North along the East line thereof, 660 feet; thence West, parallel with the said South line 660 feet; thence South and parallel with said East line 330 feet; thence West, parallel with said South line thereof to a point on the West line of said Northwest Quarter of the Northeast Quarter of said section; thence South 330 feet to the point of beginning. Less and Except that portion lying within the public roads. Account No.: R3329732/ R332973/R332974 The street address or other common designation, if any, of the real property described above is purported to be: 37265 Red- wood Highway, O’Brien, OR 97534 The under- signed Trustee disclaims any liability for any incor- rectness of the above street address or other com- mon designation. 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 of Default has been recorded pursuant to Oregon Revised Statutes 86.735 (3); the default for which the foreclosure is made is Grantor’s failure to pay when due, the following sums: monthly payments of $793.04 beginning 06/01/2009, together with title expenses, costs, trustee’s fees and attorney’s fees incurred herein by reason of said default, and any further sums advanced by the beneficiary for the protection of the above described real property and its interest therein. Also, if you have failed to pay taxes on the property, provide insurance on the property or pay other senior liens or encumbrances as required in the note and Deed of Trust, the beneficiary may insist that you do so in order to reinstate your ac- count in good standing. The beneficiary may re- quire as a condition to reinstatement that you pro- vide reliable written evidence that you have paid all senior liens or encumbrances, property taxes, and hazard insurance premiums. These require- ments for reinstatement should be confirmed by contacting the undersigned Trustee. By reason of said default, the beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable, said sums being the following: Principal balance of $99,247.98 with interest thereon at the rate of 6.625% per annum from 05/01/2009, together with any late charge(s), delinquent taxes, insurance premiums, impounds and advances; senior liens and encumbrances which are delinquent or be- come delinquent together with title expense, costs, trustee’s fees and any attorney’s’ fees and court costs, and any further sums advanced by the beneficiary for the protection of the above de- scribed real property and its interest therein. Wherefore, notice hereby is given that, First American Title Insurance Company c/o Foreclo- surelink, Inc., the undersigned trustee will, on 2/18/2010, at the hour of 01:00PM in accord with the standard of time as established by O.R.S. 187.110, At the front door to the Josephine County Courthouse, Sixth and ‘C’ Street, Grants Pass, OR, sell at public auction to the highest bid- der for cash, the interest in the said described real property which the Grantor has or had power to convey at the time of execution by him of the said Trust Deed, together with any interest which the Grantor 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 reasonable charge by the trustee. Notice is further given that any person named in O.R.S. 86.753 has the right, at any time prior to five days before the date last set for the sale, to have this foreclosure proceed- ing dismissed and the Trust Deed reinstated by payment to the beneficiary of the entire amount then due (other than such portion of the principal as would not then be due had no default occurred) and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or to cure the default, by paying all costs and ex- penses actually incurred in enforcing the obliga- tion and Trust Deed, together with trustee’s and attorney’s fees. In construing this notice, the mas- culine gender includes the feminine and the neu- ter, the singular includes plural, the word “Grantor” includes any successor in interest to the Grantor as well as any other person owing an obligation, the performance of which is secured by said Trust Deed, and the words “trustee” and “beneficiary” include their respective successors in interest, if any. Dated: 10/6/2009 First American Title Insur- ance Company, Inc., Trustee By: Mortgage Lender Services, Inc. fka Foreclosurelink, Inc., Agent Lauren Meyer, Sr. Trustee Sale Officer Di- rect Inquiries to: Suntrust Mortgage, Inc. c/o Mort- gage Lender Services, Inc. FKA ForeclosureLink, Inc. 4401 Hazel Avenue, Suite 225, Fair Oaks, CA (916) 962-3453 P#647067 Publish & affd.: 12/30/2009, 1/6, 1/13, 01/20/2010