Illinois Valley News, Cave Junction, Ore. Wednesday, May 19, 2010 Page 10 Lake Selmac Resort prepares for summer tourist season By SCOTT JORGENSEN IVN Staff Writer The front counter of the Lake Selmac Resort store in Selma is a popular place for exchanging fish stories, which hap- pens on a daily basis. But unlike many fish stories, the ones told here have a ring of truth to them, as two state records for bass fishing have been set at “Selmac.” There is an undisturbed view of the lake from the front of the store, and it is one of the resort’s top attractions. Colin & Nona Clark are entering their fifth season as the resort’s owners, and have worked diligently since they arrived to make the facility safe and fam- ily friendly. Two new sleeping cabins recently were placed on the more than 5-acre site, which includes approximately 500 feet of property rights along the lake. That dock has a fleet of paddle boats that also are quite the attraction. “It’s nice to be able to add things to the lake and the area,” said Nona. The cabins, accommodating up to six guests each, can be rented for $65 per night for two and $5 per night for each additional person. Paddle boats are avail- able to rent for $20 the first hour and $10 each hour afterward, and sit four. Fishing boats can be rented for three hours for $45 and $10 for each additional hour. Canoe and row boats are available for $10 per hour with a two-hour mini- mum. Other popular attractions at the resort include a miniature golf course, tether- ball, horseshoes and a volleyball court. Licenses for fishing can be obtained in the store, along with bait. Sites for recreational vehicles, com- plete with electricity, water and sewer hookups, are available for $35 per night on a year-round basis. Guests also can engage in tent camping for $24 per night. The tent sites also include electricity and water. And Lake Selmac Resort has laundry I.V. News - it’s good for you! LEGAL NOTICE Notice of Preliminary Determination for Water Right Transfer T-9781 T-9781 filed by Paul W. Coots, Jr., 6418 Hol- land Loop Road, Cave Junction, OR 97523, proposes a change in point of diversion under Certificate 79996. The right allows the use of 0.64 cubic foot per second (priority date 1865) from Sucker Creek in Sec. 29 for irrigation, do- mestic, and livestock uses in Sec. 32, T 39 S, R 7 W, W.M. The applicant proposes to move the point of diversion approximately 4,500 feet downstream to Sec. 32, T 39 S, R 7 W, W.M. The Water Resources Department has con- cluded that the proposed transfer appears to be consistent with the requirements of ORS Chap- ter 540 and OAR 690-380-5000. Any person may file, jointly or severally, with the Department a protest or standing statement within 30 days after the date of final publication of notice in the Department’s weekly notice or of this newspaper notice, whichever is later. A protest form and additional information on filing protests may be obtained by calling (503) 986- 0883. The last date of newspaper publication is May 19, 2010. If no protests are filed, the De- partment will issue a final order consistent with the preliminary determination. Publish & Affd: 5/5, 5/12, 5/19/10 facilities for its guests, and Wi-Fi. For the future, the Clarks would like to open the resort for children’s birthday parties and family reunions. They also are planning to rebuild part of the store, and are considering adding a cyber café. Pets are welcome at the resort, and Nona proudly states that many of their guests are repeat visitors. The store is open from March to mid- October. Frisbees are sold for the 18-hole disc golf course in the Josephine County park portion at the lake. “It’s a fun business,” Nona said. “There’s never a dull moment. There’s always something to do.” For more information, phone 541- 597-2277 or visit lakeselmac.com. Lake Selmac Resort owners Colin & Nona Clark pose by the many paddle boats available to its guests. (Photo by Scott Jorgensen, I.V. News) DEQ offers green tips to Oregon businesses Conserving energy and water and using environ- mentally friendly products can save money for busi- nesses, said Oregon Dept. of Environmental Quality (DEQ). The following actions, said DEQ, can reduce air and water pollution and “global warming.” They also can result in more ef- fective business practices and efficiencies that often translate into bottom line benefits, the agency said. Many of these actions qualify for a 35 percent Oregon Business Energy Tax Credit. Business Site Characteristics *Make your next building a Leadership in Energy and Environmental Design (LEED) building. *Use a landscape maintenance contractor who uses environmentally friendly practices like those included in the EcoBiz landscape program. Make sure they: -Use alternatives to pesticides, herbicides, or any other chemicals. -Landscape with native plants. -Incorporate storm water management. -Manage all their air emissions, water dis- charges, and hazardous and solid wastes properly. *Collect rainwater for use in toilets or landscap- ing. *Purchase nontoxic and low- or no-VOC prod- ucts for building mainte- nance and cleaning. *Use night lighting that doesn’t contribute to “light pollution.” *Purchase furnishings made with renewable mate- rials and non-toxic adhe- sives and coatings. Resource Conservation *Provide employees with training on how their individual activities affect the environment. *Get an energy audit. *Purchase renewable energy or credits to off-set a company’s “carbon foot- print.” *Use water and energy efficient plumbing and lighting fixtures and con- trols. *Maximize use of day- lighting and passive solar heating. *Maintain HVAC sys- tems regularly. *Incorporate renew- able energy systems into buildings such as solar or wind. *Set the default on all printers to double-sided. *Use paper with post- consumer recycled mate- rial. *Provide recycling bins for paper, plastic and metal containers, newspa- per in common areas around the office. *Provide employees the opportunity to bring in from home hard-to-recycle items such as Styrofoam, old batteries, light bulbs, ink cartridges, and other materials that are routinely recycled at work. *Equip break rooms with Energy Star rated ap- pliances. *Provide reusable utensils, bowls, plates, glasses, and mugs for break rooms. Transportation *Use a fleet mainte- nance contractor who uses environmentally friendly practices like those in- cluded in the EcoBiz auto repair program. Make sure they: -Perform regularly scheduled maintenance including oil changes, tire pressure and wear checks, fluid and leak inspections, filter replacements, and tailpipe smoke inspections. -Manage all their air emissions, water dis- charges, and hazardous and solid wastes properly. -Join a group, like a transportation management association or a chamber of commerce that can provide businesses better access to transit options. -Provide employees with alternatives to driving alone to work, including carpooling, vanpooling, telecommuting, and flexi- ble work schedules. -Provide employees a transit subsidy. -Install bike racks for bicyclists and showers for those who walk, run, or bike to work. -Maximize video con- ferencing technology. LEGAL NOTICE TRUSTEE’S NOTICE OF SALE T.S. No.: OR-10- 352776-SH Reference is made to that certain deed made by DANIEL J. MARTIN as Grantor to First American Title Insurance, as Trustee, in fa- vor of Mortgage Electronic Registration Systems, Inc., as nominee for Gateway Business Bank, DBA Mission Hills Mortgage Bankers, as Benefici- ary, dated 10/30/2007, recorded 10/31/2007, in official records of Josephine County, Oregon, in book/reel/volume No. xxx, at page No. xxx fee/file/ instrument/microfile/reception No. 2007-020931 covering the following described real property situated in said County and State, to wit: APN: R314854 LEGAL DESCRIPTION ATTACHED AS EXHIBIT A Exhibit "A" Real property in the County of Josephine, State of Oregon, described as follows: A parcel of land situated in the North- west Quarter of the Northwest Quarter of Section 21, Township 36 South, Range 5 West of the Wil- lamette Meridian, Josephine County, Oregon, being more particularly described as follows: Be- ginning at a point on the West line of said Section 21, which point bears North 00°25' West of and 309.70 feet distant from the Southwest corner of the Northwest Quarter of the Northwest Quarter of said section 21; thence continue along said West line 100.00 feet to the South line of M Street; thence along the arc of a 547.95 foot radius curve to the right 100.14 feet (the chord of which bears South 72°23'24" East 100.00 feet); thence South 15°46'06" West 72.08 feet; thence South 89° 43'06" West 75.00 feet to the point of beginning. NOTE: This legal description was created prior to January 1, 2008. Tax Parcel Number: R314854 Commonly known as: 1317 SE M STREET GRANTS PASS, OR 97526 Both the beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said trust deed and 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 1/1/2010, 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 $1,311.23 Monthly Late Charge $65.56 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 $161,618.53 together with inter- est thereon at the rate of 7.3750 per annum from 12/1/2009 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 8/24/2010, at the hour of 01:00 PM, Standard of Time, as established by section 187.110, Ore- gon Revised Statutes, at the front door to the Jo- sephine 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 Insur- ance. If there are any irregularities 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. 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 Mortgagor, the Mortgagee, or the Mortgagee’s Attorney. NO- TICE TO RESIDENTIAL TENANTS The property in which you are living is in foreclosure. A foreclo- sure sale is scheduled for 8/24/2010. Unless the lender who is foreclosing on this property is paid, the foreclosure will go through and someone new will own this property. The following information applies to you only if you occupy and rent this property as a residential dwelling under a legiti- mate 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 foreclosure 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 hear- ing. You will receive notice of the court hearing. FEDERAL LAW REQUIRES YOU TO BE NOTI- FIED IF YOU ARE OCCUPYING AND RENTING THIS PROPERTY AS A RESIDENTIAL DWELL- ING UNDER A LEGITIMATE RENTAL AGREE- MENT, FEDERAL LAW REQUIRES THE BUYER TO GIVE YOU A NOTICE IN WRITING A CER- TAIN NUMBER OF DAYS BEFORE THE BUYER CAN REQUIRE YOU TO MOVE OUT. THE FED- ERAL LAW THAT REQUIRES THE BUYER TO GIVE YOU THIS NOTICE 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 NOTIFICA- TION REQUIREMENTS IF THE FEDERAL LAW DOES NOT APPLY, STATE LAW STILL RE- QUIRES THE BUYER TO GIVE YOU NOTICE IN WRITING BEFORE REQUIRING YOU TO MOVE OUT IF YOU ARE OCCUPYING AND RENTING THE PROPERTY AS A TENANT IN GOOD FAITH. EVEN IF THE FEDERAL LAW REQUIRE- MENT IS NO LONGER EFFECTIVE AFTER DE- CEMBER 31, 2012, THE REQUIREMENT UN- DER STATE LAW STILL APPLIES 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 prop- erty as the buyer's primary residence, 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 re- quired to give you a notice under state law, you must prove to the business or individual who is handling the foreclosure sale that you are occupy- ing and renting this property as a residential dwell- ing under a legitimate rental agreement. The name and address of the business 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 7/25/2010 (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 agree- ment or lease, you can provide other proof, such as receipts for rent paid. ABOUT YOUR SECU- RITY 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 busi- ness 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 landlord. ABOUT YOUR TENANCY AFTER THE FORE- CLOSURE 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 agree- ment with you or does not notify you in writing 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: 4/19/2010 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#692362 Publish & Affd: 4/28, 5/5, 5/12, 05/19/2010