Page 10
Illinois Valley News, Cave Junction, Ore. Wednesday, July 14, 2010
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IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF JOSEPHINE
SUPERIOR COURT OF WASHINGTON
FOR GRAYS HARBOR COUNTY
JUVENILE DIVISION
In re the Welfare of
CAMELLIA J BAINTER
D.O.B. 03-17-2005
Minor Child.
)
)
)
)
No. 10-7-00297-3
NOTICE AND SUMMONS
BY PUBLICATION
(Termination)
TO: THOMAS PAUL CARLSON or ANYONE CLAIMING TO BE THE
FATHER
A Petition to Terminate Parental Rights was filed on June 9,
2010: A Fact Finding hearing will be held on this matter on:
WEDNESDAY, AUGUST 4, 2010 AT 10:00 a.m. at the Juvenile
Court located at 103 Hagara Street, Aberdeen, WA 98520. YOU
SHOULD BE PRESENT AT THIS HEARING.
THE HEARING WILL DETERMINE IF YOUR PARENTAL
RIGHTS TO YOUR CHILD ARE TERMINATED. IF YOU DO
NOT APPEAR AT THE HEARING THE COURT MAY ENTER
AN ORDER IN YOUR ABSENCE TERMINATING YOUR PA-
RENTAL RIGHTS.
To request a copy of the Notice, Summons, and Termination Peti-
tion, call DSHS at 360-537-4300. To view information about your
rights in this proceeding, go to: www.atg.wa.gov/TRM.aspx.
In the Matter of the Estate of:
NEALE EUGENE SHUMAKER,
Deceased.
July 7, July 14, July 21, 2010
Mansfield R. Cleary
Attorney for the Estate
P.O. Box 234
Cave Junction, OR 97523
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Case No. 10P0170
NOTICE TO INTERESTED
PERSONS
Notice is hereby given that the undersigned has been ap-
pointed and has qualified as the Personal Representative of the
estate. All persons 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 attorney for the
Personal Representative.
Dated and first published July 7, 2010.
Judith Ann Shumaker Adams
c/o P.O. Box 234
Cave Junction, OR 97523
Dated this 15th day of June, 2010 by, CHERYL BROWN, Grays
Harbor County Clerk.
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LEGAL NOTICE
TRUSTEE’S NOTICE OF SALE T.S. No.: OR-09-
268833-SH Reference is made to that certain
deed made by Jeffrey A Lockyer Sherry R
Lockyer, husband and wife as tenants by the en-
tirety as Grantor to First American Title Insurance
Company, as Trustee, in favor of Mortgage Elec-
tronic Registration Systems, Inc., as nominee for
Homecomings Financial, LLC (F/K/A Homecom-
ings Financial Network, Inc.), as Beneficiary, dated
8/22/2007, recorded 08/23/2007, in official records
of Josephine County, Oregon, in book/reel/volume
No. xxx, at page No. xxx fee/file/instrument/
microfile/reception No. 2007-016617 covering the
following described real property situated in said
County and State, to wit: APN: R308997 Please
See Attached Exhibit "A" Real property in the
County of Josephine, State of Oregon, described
as follows: A parcel of land in the Southwest Quar-
ter of the Northwest Quarter of Section 15, Town-
ship 36 South, Range 5 West of the Willamette
Meridian, Josephine County Oregon, described as
follows: Commencing at the Southeast Corner of
said Southwest Quarter of the Northwest Quarter;
thence along the South line of said Southwest
Quarter of the Northwest Quarter South 89º27'03"
West 20.00 feet to an iron rod on the West right of
way line of Jones Creek Road; thence along said
right of way line North 0º34'40" West 710.00 feet;
thence around a 15.00 foot radius curve to the
right, the long chord of which bears South
44º26'11" West 21.21 feet to an iron rod on the
North right of way line of Richland Drive; thence
along said North right of way line, South 89º27'03"
West 185.00 feet to an iron rod being the true
point of beginning; thence continue along said
North right of way line South 89º27'03" West
170.00 feet; thence North 0º34'40" West 260.00
feet; thence North 89º27'03" East 170.00 feet;
thence South 0º34'40" East 260.00 feet more or
less, to the point of beginning. Note: This legal
description was created prior to January 1, 2008.
Tax Parcel Number: R308997 Commonly known
as: 100 Richland Drive Grants Pass, OR 97526
Both the beneficiary and the trustee have elected
to sell the said real property to satisfy the obliga-
tions 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 install-
ments of principal and interest which became due
on 1/1/2009, and all subsequent installments of
principal and interest through the date of this No-
tice, plus amounts that are due for late charges,
delinquent property taxes, insurance premiums,
advances made on senior liens, taxes and/or in-
surance, 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 documents.
Monthly Payment $1,774.29 Monthly Late Charge
$88.71 By this reason of said default the benefici-
ary has declared all obligations secured by said
trust deed immediately due and payable, said
sums being the following, to wit: The sum of
$236,981.79 together with interest thereon at the
rate of 7.2500 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 Com-
pany, the undersigned trustee will, on 10/28/2010,
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 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 obliga-
tions thereby secured and the costs and expenses
of sale, including a reasonable charge by the trus-
tee. 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 10/28/2010. 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 resi-
dential dwelling under a legitimate rental agree-
ment. 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 busi-
ness 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 evic-
tion 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 hap-
pens. 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 PROP-
ERTY AS A RESIDENTIAL DWELLING UNDER A
LEGITIMATE RENTAL AGREEMENT, FEDERAL
LAW REQUIRES 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
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 NOTIFICATION REQUIREMENTS IF
THE FEDERAL LAW DOES NOT APPLY, STATE
LAW STILL REQUIRES THE BUYER TO GIVE
YOU NOTICE IN WRITING BEFORE REQUIR-
ING YOU TO MOVE OUT IF YOU ARE OCCUPY-
ING AND RENTING THE PROPERTY AS A TEN-
ANT IN GOOD FAITH. EVEN IF THE FEDERAL
LAW REQUIREMENT IS NO LONGER EFFEC-
TIVE AFTER DECEMBER 31, 2012, THE RE-
QUIREMENT 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 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
required 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
9/28/2010 (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 ad-
vance against the current rent you owe your land-
lord. 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 agreement
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. Other-
wise, the buyer is not your landlord and is not re-
sponsible 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 LAND-
LORD UNTIL THE PROPERTY IS SOLD TO AN-
OTHER BUSINESS OR INDIVIDUAL OR UNTIL A
COURT OR A LENDER TELLS YOU OTHER-
WISE. 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 CURRENT RENT
OBLIGATION. BE SURE TO KEEP PROOF OF
ANY PAYMENTS YOU MAKE AND OF ANY NO-
TICE YOU GIVE OR RECEIVE CONCERNING
THE APPLICATION OF YOUR DEPOSIT OR
PREPAID RENT. IT IS UNLAWFUL FOR ANY
PERSON TO TRY TO FORCE YOU TO LEAVE
YOUR HOME WITHOUT FIRST GOING TO
COURT TO EVICT YOU. FOR MORE INFORMA-
TION 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. Con-
tact information for the Oregon State Bar is in-
cluded 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 assistance for
free. Information about whom to contact for free
legal assistance is included with this notice. Ore-
gon State Bar (503) 684-3763; (800) 452-7636
Legal assistance: www.lawhelp.org/or/index.cfm
Dated: 6/21/2010 First American Title Insurance
Company, as Trustee 3 First American Way Santa
Ana, CA 92707 Signature By: Brooke Frank, As-
sistant Secretary Quality Loan Service Corp. of
Washington, as agent for First American Title In-
surance Company 2141 5th Avenue San Diego,
CA 92101 619-645-7711 For Non-Sale Informa-
tion: 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 exer-
cise the note holder’s rights against the real prop-
erty 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 noti-
fied 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. P716198
TRUSTEE'S NOTICE OF SALE
Reference is made to that certain trust deed made
by CHRISTINE R. ELESKY, as grantor, to JOSE-
PHINE-CRATER TITLE COMPANIES, an Oregon
corporation, as trustee, in favor of DICK RHOTEN
as beneficiary, dated July 24, 2000, recorded on
July 27, 2000, as Document No. 00-13284, Official
Records of Josephine County, Oregon; said Trust
Deed was assigned to Noralee F. Benton and
Margaret L. Rhoten dated May 10, 2003, and re-
corded on May 14, 2003, as Document No. 2003-
011386, Official Records of Josephine County,
Oregon, covering the following described real and
personal property situated in the above-mentioned
county and state, to-wit: Lot 4, PINEWOOD
PARK SUBDIVISION, Josephine County, Oregon;
Manufactured structure, Serial # 11808823, X #
149931, Home ID 217312, Personal MS; and
Manufactured structure, Serial # 118010017, X #
169561, Home ID 232256, Personal MS. Said
real and personal property is commonly known as:
227 Pinewood Way, Cave Junction, OR 97523.
FRANK C. ROTE, III, Attorney, OSB #893898, is
now the Successor Trustee. His office is located
at 612 NW Fifth Street, Grants Pass, OR 97526.
His telephone number is (541) 479-2678.
Both the beneficiary and/or the trustee have
elected to sell the real and personal property to
satisfy the obligations secured by the trust deed
and a notice of default has been recorded pursu-
ant to Oregon Revised Statutes 86.735(3); the
default for which the foreclosure is made in gran-
tor’s failure to pay when due the following sums:
monthly payments of $325.43 beginning March
27, 2008; together with title expense, costs, trus-
tee’s fees and attorney fees incurred herein by
reason of said default; unpaid real property taxes
for 2008-2009 in the amount of $412.60; unpaid
real property taxes for 2009-2010 in the amount of
$394.10; unpaid personal property taxes for 2008-
2009 in the amount of $328.54; and unpaid per-
sonal property taxes for 2009-2010 in the amount
of $335.77, plus penalty and interest; and any
further sums advanced by the beneficiary for the
protection of the above described real and per-
sonal property and its interests therein. By reason
of the default just described, the beneficiary has
declared all sums owing on the obligation that the
trust deed secures immediately due and payable,
those sums being the following, to-wit: $32,364.70
with interest thereon at the rate of 8.55% per an-
num from March 27, 2008 until paid, together with
title expense, costs, trustee’s fees and attorney
fees incurred herein by reason of said default;
unpaid real and personal property taxes for the tax
years 2008-2009 and 2009-2010, plus interest
and penalties; and any further sums advanced by
the beneficiary for the protection of the above de-
scribed real and personal property and its inter-
ests therein.
WHEREFORE, notice is hereby given that the
beneficiary on August 24, 2010, at the hour of
10:00 o’clock am, in accord with the standard of
time established by ORS 187.110, at the front
steps of the offices of Hughes, Rote, Brouhard &
Thorpe, LLP, 612 NW Fifth Street, Grants Pass,
Josephine County, State of Oregon, the interest in
the real and personal property described above
which the grantor had or had power to convey at
the time the grantor executed the trust deed to-
gether with any interest which the grantor or gran-
tor’s successors in interest acquired after the exe-
cution of the trust deed will be sold by the under-
signed trustee at public auction to the highest bid-
der for cash to satisfy the foregoing obligations
thereby secured and the costs and expenses of
the sale, including a reasonable charge by the
trustee. Notice is further given that any person
named in ORS 86.753 that the right exists under
ORS 86.753 to have proceeding dismissed and
the trust deed reinstated by paying the entire
amount then due, together with costs, trustee’s
fees and attorney fees, and by curing any other
default complained of in the notice of default, at
any time that is not later than five days before the
date last set for the sale. In construing this notice,
the singular includes the 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 the trust
deed, and the words “trustee” and “beneficiary”
include their respective successors in interest, if
any.
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 prop-
erty 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 July 26, 2010. The
name of the trustee and the trustee’s mailing ad-
dress are listed on this notice. 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 in this matter,
you may contact the Oregon State Bar and ask for
the lawyer referral service at 1-800-503-620-0222
or toll-free in Oregon at 1-800-452-8260 or you
may visit its website at www.osbar.org Dated this
9 th day of April, 2010, Frank C. Rote, III, ORS
#893898, 612 NW Fifth Street, Grants Pass, OR
97526 (541) 479-2678
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