Illinois Valley news. (Cave City, Oregon) 1937-current, April 21, 2010, Page 11, Image 11

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    Page 11
Illinois Valley News, Cave Junction, Ore. Wednesday, April 21, 2010
Bill Sizemore now free to raise funds for his gubernatorial campaign
By SCOTT JORGENSEN
IVN Staff Writer
Although some of his
rivals for the Republican
nomination for governor have
raised substantial amounts of
money, Bill Sizemore is no
longer prohibited from doing
the same.
On Friday, April 9, Mult-
nomah County Judge Janice
Wilson ruled that Sizemore’s
campaign committee is not
covered by a previous court
injunction banning him from
raising money for political
purposes.
Sizemore has spent the
last few years battling the
state’s public employee un-
ions in court. Those legal
disputes have stemmed from
Sizemore’s sponsorship of
various ballot measures
aimed at limiting the unions’
influence on public officials.
During a Saturday, April
10 telephone interview,
Sizemore praised the ruling,
but that it still has limitations.
“It only applies to candi-
date committees,” Sizemore
said. “But it completely frees
me to raise and spend money
in the governor’s race.”
Gubernatorial hopefuls
Chris Dudley and former
Gov. John Kitzhaber, a De-
mocrat, both have surpassed
the $1 million fund-raising
mark. Sizemore acknowl-
edges that he has a steep hill
to climb to compete with
those candidates.
“It will be a challenge at
this late date to find money
and put money in. I will do
my best to do that,” he said.
“My hands have been tied
behind my back this entire
campaign thus far.”
Despite the financial
limitations, Sizemore said
that he still has been hitting
the campaign trail hard
throughout the state.
“I’ve been debating and
giving speeches almost every
day,” Sizemore said.
In recent weeks, he has
spoken to Republican groups
in Multnomah, Yamhill and
Clackamas counties. He also
addressed crowds at Tea
Party gatherings in Grants
Pass, Klamath Falls, Bend
and Redmond.
Sizemore still has plenty
of court appearances ahead.
He has a hearing scheduled
for June regarding the $12
million defamation lawsuit he
filed against various public
employee unions.
“That will be the one
where the judge will wrap it
up and hopefully make a de-
cision to go ahead with dis-
covery,” Sizemore said. “The
unions already lost this round,
but legal fees are no issue for
them. They will continue to
stall and delay.”
Also pending is a multi-
million dollar lawsuit against
Sizemore and one of his fre-
quent donors. Sizemore also
is facing multiple charges of
contempt of court.
Advertising in the Illinois Valley News
is the best buy for your buck
Reach more potential
customers for less!
LEGAL NOTICE
TRUSTEE’S NOTICE OF SALE T.S. No.: OR-10-
349431-SH Reference is made to that certain
deed made by BRADLEY R JONES as Grantor to
First American Title Insurance Company, as Trus-
tee, in favor of Mortgage Electronic Registration
Systems, Inc., as nominee for MetLife Home
Loans, A Division of MetLife Bank, N.A, as Benefi-
ciary, dated 12/22/2008, recorded 12/29/2008, in
official records of Josephine County, Oregon, in
book/reel/volume No. xxx, at page No. xxx fee/file/
instrument/microfile/reception No. 2008-019439
covering the following described real property situ-
ated in said County and State, to wit: APN:
R342866 Parcel 1 of Partition Plat No. 2004-029,
recorded April 23, 2004 in Josephine County, Ore-
gon. Commonly known as: 1880 CLOVERLAWN
DRIVE GRANTS PASS, OR 97527 Both the
beneficiary and the trustee have elected to sell the
said real property to satisfy the obligations se-
cured by said trust deed and notice has been re-
corded pursuant to Section 86.735 (3) of Oregon
Revised Statutes; the default for which the foreclo-
sure is made is the grantor’s: The installments of
principal and interest which became due on
11/1/2009, and all subsequent installments of prin-
cipal and interest through the date of this Notice,
plus amounts that are due for 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 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 ac-
crue 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 docu-
ments. Monthly Payment $1,803.59 Monthly Late
Charge $77.01 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
$213,598.45 together with interest thereon at the
rate of 7.7500 per annum from 10/1/2009 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 Com-
pany , the undersigned trustee will, on 8/19/2010,
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, 500 NW 6th Street Grants Pass, OR
County of Josephine, State of Oregon, sell at pub-
lic auction to the highest bidder for cash the inter-
est 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 succes-
sors 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 further given that any person named in
section 86.753 of Oregon Revised Statutes has
the right to have the foreclosure proceeding dis-
missed 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 First American
Title Insurance Company. If there are any irregu-
larities discovered within 10 days of the date of
this sale, that the trustee will rescind the sale, re-
turn 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. 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 re-
course against the Mortgagor, the Mortgagee, or
the Mortgagee’s Attorney. NOTICE TO RESIDEN-
TIAL TENANTS The property in which you are
living is in foreclosure. A foreclosure sale is sched-
uled for 8/19/2010. Unless the lender who is fore-
closing on this property is paid, the foreclosure will
go through and someone new will own this prop-
erty. The following information applies to you only
if you occupy and rent this property as a residen-
tial dwelling under a legitimate rental agreement.
The information does not apply to you if you own
this property or if you are not a residential tenant.
If the foreclosure goes through, the business or
individual who buys this property at the foreclo-
sure sale has the right to require you to move out.
The buyer must first give you an eviction notice in
writing that specifies the date by which you must
move out. The buyer may not give you this notice
until after the foreclosure sale happens. If you do
not leave before the move-out date, the buyer can
have the sheriff remove you from the property
after a court hearing. You will receive notice of the
court hearing. FEDERAL LAW REQUIRES YOU
TO BE NOTIFIED IF YOU ARE OCCUPYING
AND RENTING THIS PROPERTY AS A RESI-
DENTIAL DWELLING UNDER A LEGITIMATE
RENTAL AGREEMENT, FEDERAL LAW RE-
QUIRES THE BUYER TO GIVE YOU A NOTICE
IN WRITING A CERTAIN NUMBER OF DAYS
BEFORE THE BUYER CAN REQUIRE YOU TO
MOVE OUT. THE FEDERAL LAW THAT RE-
QUIRES THE BUYER TO GIVE YOU THIS NO-
TICE IS EFFECTIVE UNTIL DECEMBER 31,
2012. Under federal law, the buyer must give you
at least 90 days' notice in writing before requiring
you to move out. If you are renting this property
under a fixed-term lease (for example, a six-month
or one-year lease), you may stay until the end of
your lease term. If the buyer wants to move in and
use this property as the buyer's primary residence,
the buyer can give you written notice and require
you to move out after 90 days, even if you have a
fixed-term lease with more than 90 days left.
STATE LAW NOTIFICATION REQUIREMENTS
IF THE FEDERAL LAW DOES NOT APPLY,
STATE LAW STILL REQUIRES THE BUYER TO
GIVE YOU NOTICE IN WRITING BEFORE RE-
QUIRING YOU TO MOVE OUT IF YOU ARE OC-
CUPYING AND RENTING THE PROPERTY AS A
TENANT IN GOOD FAITH. EVEN IF THE FED-
ERAL LAW REQUIREMENT IS NO LONGER
EFFECTIVE AFTER DECEMBER 31, 2012, THE
REQUIREMENT UNDER STATE LAW STILL AP-
PLIES TO YOUR SITUATION. Under state law, if
you have a fixed-term lease (for example, a six-
month or one-year lease), the buyer must give you
at least 60 days' notice in writing before requiring
you to move out. If the buyer wants to move in
and use this property as the buyer's primary resi-
dence, the buyer can give you written notice and
require you to move out after 30 days, even if you
have a fixed term lease with more than 30 days
left. If you are renting under a month-to-month or
week-to-week rental agreement, the buyer must
give you at least 30 days' notice in writing before
requiring you to move out. IMPORTANT: For the
buyer to be required to give you a notice under
state law, you must prove to the business or indi-
vidual who is handling the foreclosure sale that
you are occupying and renting this property as a
residential dwelling under a legitimate rental
agreement. The name and address of the busi-
ness or individual who is handling the foreclosure
sale is shown on this notice under the heading
"TRUSTEE". You must mail or deliver your proof
not later than 7/20/2010 (30 days before the date
first set for the foreclosure sale). Your proof must
be in writing and should be a copy of your rental
agreement or lease. If you do not have a written
rental agreement or lease, you can provide other
proof, such as receipts for rent paid. ABOUT
YOUR SECURITY DEPOSIT Under state law, you
may apply your security deposit and any rent you
paid in advance against the current rent you owe
your landlord. To do this, you must notify your
landlord in writing that you want to subtract the
amount of your security deposit or prepaid rent
from your rent payment. You may do this only for
the rent you owe your current landlord. If you do
this, you must do so before the foreclosure sale.
The business or individual who buys this property
at the foreclosure sale is not responsible to you for
any deposit or prepaid rent you paid to your land-
lord. ABOUT YOUR TENANCY AFTER THE
FORECLOSURE SALE The business or individual
who buys this property at the foreclosure sale may
be willing to allow you to stay as a tenant instead
of requiring you to move out. You should contact
the buyer to discuss that possibility if you would
like to stay. Under state law, if the buyer accepts
rent from you, signs a new residential rental
agreement with you or does not notify you in writ-
ing within 30 days after the date of the foreclosure
sale that you must move out, the buyer becomes
your new landlord and must maintain the property.
Otherwise, the buyer is not your landlord and is
not responsible for maintaining the property on
your behalf and you must move out by the date
the buyer specifies in a notice to you. YOU
SHOULD CONTINUE TO PAY RENT TO YOUR
LANDLORD UNTIL THE PROPERTY IS SOLD
TO ANOTHER BUSINESS OR INDIVIDUAL OR
UNTIL A COURT OR A LENDER TELLS YOU
OTHERWISE. IF YOU DO NOT PAY RENT, YOU
CAN BE EVICTED. AS EXPLAINED ABOVE,
YOU MAY BE ABLE TO APPLY A DEPOSIT OR
RENT YOU PREPAID AGAINST YOUR CUR-
RENT RENT OBLIGATION. BE SURE TO KEEP
PROOF OF ANY PAYMENTS YOU MAKE AND
OF ANY NOTICE YOU GIVE OR RECEIVE CON-
CERNING THE APPLICATION OF YOUR DE-
POSIT OR PREPAID RENT. IT IS UNLAWFUL
FOR ANY PERSON TO TRY TO FORCE YOU
TO LEAVE YOUR HOME WITHOUT FIRST GO-
ING TO COURT TO EVICT YOU. FOR MORE
INFORMATION ABOUT YOUR RIGHTS, YOU
MAY WISH TO CONSULT A LAWYER. If you
believe you need legal assistance, contact the
Oregon State Bar and ask for the lawyer referral
service. Contact information for the Oregon State
Bar is included with this notice. If you do not have
enough money to pay a lawyer or are otherwise
eligible, you may be able to receive legal assis-
tance for free. Information about whom to contact
for free legal assistance is included with this no-
tice. Oregon State Bar (503) 684-3763; (800) 452-
7636 Legal assistance: www.lawhelp.org/or/
index.cfm Dated: 4/12/2010 First American Title
Insurance Company, as Trustee 3 First American
Way Santa Ana, CA 92707 Signature By: Brooke
Frank, Assistant Secretary Quality 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 Wash-
ington 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 required 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#690080
TRUSTEE’S NOTICE OF SALE T.S. No.: OR-10-
350468-SH Reference is made to that certain
deed made by MARK MCELHENY AND CHERYL
MCELHENY AS TENANTS BY THE ENTIRETY
as Grantor to Fidelity National Title Co, as Trus-
tee, in favor of Centrex Home Equity Company,
LLC, as Beneficiary, dated 6/9/2006, recorded
06/15/2006, in official records of Josephine
County, Oregon, in book/reel/volume No. xxx, at
page No. xxx fee/file/instrument/microfile/reception
No. 2006-012267 covering the following described
real property situated in said County and State, to
wit: APN: R316914 SEE EXHIBIT "A" Exhibit "A"
Real property in the County of Josephine, State of
Oregon, described as follows: A parcel of land in
the east half of tract 45, Chicago Land Co. subdi-
vision in section 30, township 36 south, range 5
west of the Willamette Meridian, Josephine
County, Oregon, more particularly described as
follows: commencing at the northeast corner of
said tract 45; thence south 0°02'30" east 20.00
feet to a 5/8 inch iron rod on the south right of way
line of Harbeck Road; thence along said right of
way line south 89°55'50" west 15.8 feet to a 5/8
inch iron rod; thence south 109.50 feet to a 5/8
inch iron rod for the true point of beginning; thence
continue south, parallel with the east line of said
tract 45, a distance of 123.18 feet; thence south
89°55'50" west 183 feet to the easterly right of
way line of Towne Street; thence, north along said
easterly right of way line 60 feet to the southwest
corner of a tract of land described in volume 329,
page 1844, Josephine County deed records;
thence north 89°55'50" east 83.62 feet; thence
north 63.18 feet to the southwest corner of a tract
of land described in volume 329, page 1846, Jo-
sephine County deed records; thence north 89°
55'50" east 99.38 feet to the true point of begin-
ning. Note: This legal description was created
prior to January 1, 2008. Tax Parcel Number:
R316914 Commonly known as: 541 TOWNE
STREET GRANTS PASS, OR 97527 Both the
beneficiary and the trustee have elected to sell the
said real property to satisfy the obligations se-
cured by said trust deed and notice has been re-
corded pursuant to Section 86.735 (3) of Oregon
Revised Statutes; the default for which the foreclo-
sure is made is the grantor’s: The installments of
principal and interest which became due on
12/1/2009, and all subsequent installments of prin-
cipal and interest through the date of this Notice,
plus amounts that are due for 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 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 ac-
crue 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 docu-
ments. Monthly Payment $913.36 Monthly Late
Charge $45.67 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
$140,134.76 together with interest thereon at the
rate of 7.2860 per annum from 11/1/2009 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 Com-
pany, the undersigned trustee will, on 8/3/2010, at
the hour of 01:00 PM, Standard of Time, as estab-
lished by section 187.110, Oregon Revised Stat-
utes, at the front door to the Josephine County
Courthouse, 500 NW 6th Street Grants Pass, OR
County of Josephine, State of Oregon, sell at pub-
lic auction to the highest bidder for cash the inter-
est 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 succes-
sors 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 further given that any person named in
section 86.753 of Oregon Revised Statutes has
the right to have the foreclosure proceeding dis-
missed 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 First American
Title Insurance Company. If there are any irregu-
larities discovered within 10 days of the date of
this sale, that the trustee will rescind the sale, re-
turn 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. 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 re-
course against the Mortgagor, 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 requirement. If you do not have a
fixed-term lease, the purchaser may require you to
move out after giving 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 7/4/2010 the name of the Trustee and the
Trustee's mailing address is set forth on this No-
tice of Sale below. Federal law may grant you
additional rights, including a right to a longer no-
tice 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 obligation under
your rental agreement. If you want to do so, you
must notify your Landlord in writing and in ad-
vance 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 law-
yer 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: 3/29/2010
First American Title Insurance Company, as Trus-
tee 3 First American Way Santa Ana, CA 92707
Signature By: Nina Hernandez, Assistant Secre-
tary Quality 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 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 required
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#685217
Publish:
Publish:
4/21, 4/28, 5/5, 05/12/2010
4/7, 4/14, 4/21, 04/28/2010