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About Illinois Valley news. (Cave City, Oregon) 1937-current | View Entire Issue (April 21, 2010)
Illinois Valley News, Cave Junction, Ore. Wednesday, April 21, 2010 LEGAL NOTICE Page 13 LEGAL NOTICE LEGAL NOTICE NOTICE OF BUDGET COMMITTEE MEETING NOTICE OF PUBLIC MEETING NOTICE OF BUDGET COMMITTEE MEETING A public meeting of the Budget Committee of the City of Cave Junction, Josephine County, State of Oregon, to discuss the budget for the fiscal year July 1, 2010 to June 30, 2011, will be held at City Hall, 222 W. Lister Street, Cave Junction, OR. The meeting will take place on the 12th day of May, 2010, at approximately 7:30 p.m. The purpose of the meeting is to re- ceive the budget message and to receive com- ment from the public on the budget. A copy of the budget document can be inspected or ob- tained on or after April 30, 2010 at City Hall, between the hours of 8:00 a.m. and 12:00 noon and 12:30 p.m. and 4:00 p.m. This is a public meeting where deliberation of the Budget Com- mittee will take place. Any person may appear at the meeting and discuss the proposed pro- grams with the budget committee. This is to give notice that on Monday, April 26, 2010, at 7:00 p.m. in the Council Chambers of City Hall, 222 W. Lister Street, Cave Junction, Oregon, the Common Council of the City of Cave Junction will meet in a regular session. The agenda may include, but is not limited to, the following: ♦ Minutes of Previous Meeting(s) ♦ Continued Park Use Request - Thompson (Cross Quest) ♦ Proposal for Renovation - Old Stage Park ♦ Public Hearing - Land Partition (Moore) ♦ Public Hearing - Ordinance, Amend Title 13 (Cross Connections) {1st Reading} ♦ Executive Session - ORS 192.660(2)(h) {If/As Required} ♦ Comments Publish: Publish: A public meeting of the Budget Committee of the Illinois Valley Rural Fire Protection District, Josephine County, State of Oregon, to discuss the budget for the fiscal year July 1, 2010 to June 30, 2011, will be held at Fire District Ad- ministration Building, at 681 Caves Hwy., Cave Junction, Oregon. The meeting will take place on May 10, 2010 at 6:00 p.m. The purpose of the meeting is to receive the budget message and to receive comment from the public on the budget. A copy of the budget document may be inspected or obtained on or after May 7, 2010 at 681 Caves Hwy., Cave Junction, Oregon, between 9:00 a.m. and 3:30 p.m. This is a public meeting where deliberation of the Budget Committee will take place. Any per- son may appear at the meeting and discuss the proposed programs with the Budget Committee. Publish & Affd.: 4/21 & 4/28/2010 4/21/ & 4/28/2010 4/21/10 Beef production class set at OSU Extension “Introduction to Grass-Fed Beef Produc- tion” is scheduled for June 12 at the OSU Ex- tension Auditorium, 215 Ringuette St. in Grants Pass. There is a fee for individuals and for cou- ples, which will cover materials, lunch and a tour. The first half of the class will cover nutri- tion, health and disease management, and rota- tion grazing including fencing. The second half will cover slaughter and meat processing, and how to market the meat and then the tour of Plai- sance Ranch in Williams. Preregistration is required by June 4 and can be done at http://extension.oregonstate.edu/ josephine/ or phone 541-476-6613, Ext. 208. For more information phone Melissa Mat- thewson at 541-776- LEGAL NOTICE 7371. LEGAL NOTICE IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF JOSEPHINE In the Matter of the Estate of: DWAYNE CLAY WOOD, Deceased Case No. 10-P-0091 NOTICE TO INTERESTED PERSONS Notice is hereby given that the undersigned has been appointed and has qualified as the Personal Representative of the estate. All per- sons having claims against the estate are hereby required to present their claims, with proper vouchers, within four months after the date of first publication of this notice, as stated below, to the Personal Representative at P.O. Box 234, Cave Junction, OR 97523 or the claims may be barred. All persons whose rights may be affected by the proceedings in this estate may obtain additional information from the records of the court, the Personal Representative, or the attor- ney for the Personal Representative. If you have knowledge, let others light their candles in it. ~Margaret Fuller~ Life is an echo; what you send out comes back. ~Chinese proverb ~ Dated and first published April 14, 2010. MICKAEL WOOD c/o PO Box 234 Cave Junction, OR 97523 Mansfield R. Cleary Attorney for the Estate PO Box 234 Cave Junction, OR 97523 Publish & Affd.: April 14, 21, 28 & May 5, 2010 Subscribe to Illinois Valley News Phone 541-592-2541 today! 24-HOUR ACCESS Safe, secure and convenient location (behind SOFCU) LEGAL NOTICE TRUSTEE’S NOTICE OF SALE T.S. No.: OR-10- 352554-SH Reference is made to that certain deed made by BRENT HOWARD AND RANDOLF F. HOWARD, EACH AS TO AN UNDIVIDED 50% INTEREST AS TENANTS IN COMMON as Gran- tor to First American Title Insurance, as Trustee, in favor of Mortgage Electronic Registration Sys- tems, Inc., as nominee for Gateway Business Bank, DBA Mission Hills Mortgage Bankers, as Beneficiary, dated 9/7/2007, recorded 09/14/2007, in official records of Josephine County, Oregon, in book/reel/volume No. xxx, at page No. xxx fee/file/ instrument/microfile/reception No. 2007-018021 covering the following described real property situ- ated in said County and State, to wit: APN: R316900 SEE EXHIBIT "A" Exhibit "A" Real prop- erty in the County of Josephine, State of Oregon, described as follows: A part of tracts 49 and 51 of Chicago Land Co. subdivision and part of the southwest quarter of the northwest quarter of sec- tion 30, township 36 south, range 5 west of the Willamette Meridian, Josephine County, Oregon, described as follows: Commencing at a point which is south 89° 52' west a distance of 22.7 feet from the northeast corner of lot 51, Chicago land co. subdivision and marking intersection of the north line of lot 51 with the westerly right of way line of the Murphy-Williams highway section 30, township 36 south, range 5 west of the Willamette Meridian, Josephine County, Oregon; thence north 28° 11' east, along the westerly right of way line of the Murphy-Williams highway a distance of 73.2 feet; thence north 65° 44' west (being the same line as north 67° west in previous deeds) to the northwesterly right of way line of the relocated Murphy-Williams Highway, 45 feet northwesterly from the center line of said highway recorded in volume 315, page 1962, Josephine County deed records; thence south 29° 05' 30" west along the northwesterly right of way line of said relocated Murphy-Williams Highway to a point that bears north 29° 05' 30" east 25 feet from the south line of property described in volume 262, page 381, Josephine County deed records; thence north 73° 07' west, parallel with the south line of said prop- erty described in volume 262, page 381, Jose- phine County deed records, 120.75 feet; thence southwesterly, parallel to the southerly extension of the westerly line of that certain tract described in volume 319, page 1012, Josephine county deed records to the northerly right of way line of Mayfair lane, for the true point of beginning; thence northeasterly, parallel to said extension and westerly line, to the northeasterly line of said tract; thence south 65° 44' east, along said line, to the westerly right of way line of said relocated Murphy-Williams Highway; thence southwesterly, along said right of way line, to the northerly right of way line of said Mayfair Lane; thence northwest- erly, along said right of way line to the true point of beginning. Note: This legal description was cre- ated prior to January 1, 2008. Tax Parcel Num- ber: R316900 Commonly known as: 900 MAY- FAIR LANE 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 5/1/2009, 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 $1,636.77 Monthly Late Charge $81.84 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 $177,401.24 together with interest thereon at the rate of 7.3750 per annum from 4/1/2009 until paid; plus all accrued late charges thereon; and all trus- tee’s fees, foreclosure costs and any sums ad- vanced 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 trustee will, on 8/17/2010, 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 Court- house, 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 8/17/2010. 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 7/18/2010 (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: 4/6/2010 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#687911 Publish: 4/14, 4/21, 4/28, 05/05/2010
