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About Illinois Valley news. (Cave City, Oregon) 1937-current | View Entire Issue (July 21, 2010)
Illinois Valley News, Cave Junction, Ore. Wednesday, July 21, 2010 (Editor’s Note: Factual information for ‘Blotter’ is provided by official law enforcement agencies. All persons listed are innocent until proven guilty in a court of law. Charges can be amended or dismissed.) * * * Thursday, July 8 *In the 400 block of S. Redwood Hwy. at 8:21 a.m. a caller stated that a mud- covered man had told her to “call the cops,” but wouldn’t say anything else. *In connection with the previous call, it was reported that the man was Tazed be- fore he was transported to Three Rivers Community Hospital in Grants Pass on a police officer’s mental hold. *Some reported that someone had stolen a brazier from their campsite at Gray- back Campground. *On Lone Mountain Road, said a complainant, a man was standing on the roadway yelling at him. *A Thompson Creek Road resident reported theft of miscellaneous items during the past month. *Theft of a silver-colored Nissan Pathfinder from a lot in Selma was noted. *On S. Sawyer Avenue a landlord said that his tenant was moving out, and returned to the property to find that some other people and their many dogs had moved in and refused to leave. *Barlow Street resident Alexander Nguyen, 15, was cited on a charge of third- degree theft. *Five teen-agers were contacted on Fir Drive on suspicion of using explosives. They said they’d put a can of beans on a fire and it made a lot more noise than they’d anticipated. They were warned about the noise and their behavior. *Donald Carriea Schoonover, 26, was cited on a charge of speeding (69 mph in a 55 mph zone) and warned about speeding in other areas on N. Redwood Hwy. at 9:58 p.m. *Carlos Salvador Breedlove, 35, was cited on a charge of no valid operator permit on Laurel Road at N. Old Stage Road at 11:08 p.m. Friday, July 9 *At 9:11 a.m. the owner of River Valley Restaurant on N. Redwood Hwy. stated that an elderly man had run into her building with his car, causing damage. *Denise Michelle Tau- saga, 46, was cited on a charge of no insurance on N. Redwood Hwy. at 2:30 p.m. *A caller complained that someone was at their mining claim up Eight Dollar Mountain Road and refused to leave. *On Westside Road a woman stated that her neighbor was taking photos of her children at Illinois River and refused to leave. *Dyarly Jean Burns, 42, was cited on Redwood Hwy. in Downtown Cave Junction at 9:06 p.m. on a charge of driving under the influence of an intoxicant. *Thomas Bradley Holmes, 27, was cited on a charge of speeding on S. Red- wood Hwy. at Lister Street at 10:58 p.m. Saturday, July 10 *Jeremiah Michael Gib- son, 18, was cited on a charge of minor in possession of alco- hol (MIP) on Schumacher Street at 12:46 a.m. *After a traffic stop on Sauer’s Flat, Heather Lee Johnson, 31, was lodged in Josephine County Jail in Grants Pass on a charge of possession of a controlled substance (PCS), metham- phetamine. *In connection with the previous incident, Yvette Tene Towe, 35, was cited and lodged on charges of delivery of a controlled substance, PCS/meth, and driving with a suspended license. *Two backpacks, a cell phone and some clothing were stolen from a vehicle near Six Mile Campground, according to a complaint. *A man was said to be cursing and threatening to physically beat everyone as he walked around Downtown Cave Junction at 5:57 p.m. *A rectangular package wrapped in newspaper was left at Taylor’s Country Store and the manager thought it odd. Turned out to be a book wrapped as a gift. *A caller stated that the driver of a large, white pickup truck with utility boxes hit his vehicle, which was on a Downtown Cave Junction parking lot. *On Pugetville Road, Brenda Jo McClean, 38, was cited on a charge of fourth- degree domestic assault and lodged in county jail. *It was reported that someone driving a silver- colored Honda pumped $20 worth of gasoline into his vehicle and dove off from the Downtown CJ 76 Station without paying. *A Selma man claimed that his wife said that her male friends were going to “teach him a lesson.” Sunday, July 11 *Four people were con- tacted behind Shop Smart Food Warehouse after a caller at 12:46 a.m. reported hearing banging noises. It turned out that two of them were em- ployees, and the other was just visiting. *On McMullen Creek Road at 1:15 a.m. a woman returned to her home to re- trieve a jointly owned pickup truck and her husband refused to allow her on the property. She was advised to not return to the residence tonight. *In a Kerby neighbor- hood, a man said that his ex- girlfriend had thrown rocks at his pickup truck, and Mason jars at his residence. *Several vehicle owners were cited on charges of ille- gal parking on Illinois River Page 9 Road near McCaleb Ranch Scout Camp. Others were warned. *On Patton Bar Road a man claimed to have been struck with a broom handle as the result of a landlord/tenant dispute. Monday, July 12 *Two dogs left on city- owned property on Rocky- dale Road were checked. *Following a violent, verbal argument on Hanby Lane, a woman was provided Women’s Crisis Center infor- mation. *After a traffic stop on Caves Hwy. at Laurel Road, passenger Lane Kendall Davis, 41, was lodged in county jail on a charge of absconding from parole. *Due to a disturbance reported on S. Old Stage Road, Robin Rhodes Gasser, 43, was cited on charges of attempted fourth-degree as- sault, resisting arrest and four counts of menacing. *In the 29000 block of Redwood Hwy. a caller stated that her daughter had moved out, taking the complainant’s dog. The situation was deter- mined to be civil in nature. *Prowlers were heard outside a residence on Deer Creek Road at 11:12 p.m. *In Selma a caller asked that her husband be placed on a police officer’s mental hold because he’d made suicidal and threatening statements. She was going to stay away from the residence, because he’d been drinking and was armed, she said. Law enforce- ment officers decided to not confront him at this time. Tuesday, July 13 *“Gun shots” were heard in the 4000 block of Rocky- dale Road at 5 a.m. *Michael James Schufelt, 32, was cited on a charge of speeding (68 mph in a 55 mph zone) on Red- wood Hwy. at Waldo Road at 7:46 a.m. *Tammy Lee Williams, 47, was cited on a charge of speeding (83 mph in a 55 mph zone) in the 24000 block of Redwood Hwy. *Theft of items from a home in the 1200 block of Illinois River Road was re- ported. *A disturbance on N. Old Stage Road wherein a man was said to be screaming and throwing items was the subject of a call. *At Six Mile Camp- ground, a man said that his cell phone and wallet had been stolen. *On Lone Mountain Road a resident said that her neighbor had thrown feces onto her property and that the man’s behavior was generally “escalating.” *On E. River Street a caller stated that her neighbor was tampering with her fence. Following are alarms to which Illinois Valley Fire District responded through Sunday, July 18: Monday, July 12 *2:01 a.m., motor vehicle collision, Redwood Hwy./ Kerby Mainline *12:09 p.m., medical assist (M.A.), 900 block Caves Hwy. *11:16 p.m., motor vehi- cle collision, 7000 block Deer Creek Road Tuesday, July 13 *11:07 p.m., red brush fire, 24000 block Redwood Hwy. Wednesday, July 14 *1:19 a.m., motor vehicle collision, S. Caves Ave./East Lister Street *4:22 p.m., open burn, 2000 block Laurel Road *7:02 p.m., M.A., 900 block Idlewild Drive *9:37 p.m., M.A., 500 block Lister Way *10:49 p.m., outdoor smoke investigation, 34000 block Redwood Hwy. *11:25 p.m., motor vehi- cle collision. 26000 block Redwood Hwy. Thursday, July 15 *1:35 a.m., smell of smoke, 1000 block Naue Way *11:22 a.m., open burn, 800 block Airport Drive *1:37 p.m., M.A., 23000 block Redwood Hwy. *4:23 p.m. outdoor smoke investigation, 4000 block Caves Hwy. Friday, July 16 *10:42 a.m., motor vehi- cle collision, 200 block Wat- kins *5:08 p.m., outdoor smoke investigation, Red- wood Hwy./6th Street *6:56 p.m., M.A., 500 block Schumacher *7:24 p.m., power line problem, 400 block Jeannie Way *9:01 p.m., outdoor smoke investigation, Iron Ring Campground *11:11 p.m., assist the public, 900 block Naue Way Saturday, July 17 *10:17 a.m., M.A., 600 block Caves Hwy. *12:13 p.m., M.A., 400 block Deer Creek Road *10:35 p.m., motor vehi- cle collision, 23000 block Redwood Hwy. Sunday, July 18 *3:53 a.m., assist the public - lift, 900 block Naue Way *5:39 a.m., M.A., 1400 block Lakeshore Drive *12:31 p.m., M.A., Kerby Ave./ W. River *12:39 p.m., M.A., Red- wood Hwy./Hamilton Ave. *7:40 p.m., M.A., 100 block N. Boundry *8:00 p.m., M.A., 100 block Norman Road LEGAL NOTICE TRUSTEE’S NOTICE OF SALE T.S. No.: OR-10- 367061-SH Reference is made to that certain deed made by Frederick S Martin Melissa J Martin as Grantor to First American Title Insurance Com- pany of Oregon, as Trustee, in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Jefferson State Mortgage Co.,, as Beneficiary, dated 5/18/2007, recorded 05/25/2007, in official records of Josephine County, Oregon, in book/ reel/volume No. xxx, at page No. xxx fee/file/ instrument/microfile/reception No. 2007-010298 covering the following described real property situated in said County and State, to wit: APN: R311775 The Southerly 85 feet of Lots 2 and 3, Block "B", J.T. Judson's Addition, in the City of Grants Pass, Josephine County, Oregon, accord- ing to the Official Plat thereof, recorded in Volume 1, Page 13, Plat Records, excepting therefrom the Easterly 16 feet of Lot 2 thereof. Commonly known as: 910 SW H Street Grants Pass, OR 975262536 Both the beneficiary and the trustee have elected to sell the said real property to sat- isfy 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 6/1/2009, and all subsequent in- stallments of principal and interest through the date of this Notice, plus amounts that are due for late charges, delinquent property taxes, insurance premiums, advances made on senior liens, taxes and/or insurance, trustee’s fees, and any attorney fees and court costs arising from or associated with the beneficiaries efforts to protect and pre- serve 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 $1,396.71 Monthly Late Charge $69.84 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 $194,900.00 together with inter- est thereon at the rate of 6.6250 per annum from 5/1/2009 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 11/23/2010, 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 Insurance Company. If there are any irregularities discov- ered 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 11/23/2010. 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 10/24/2010 (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: 7/13/2010 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#724390 Publish & Affd.: 7/21, 7/28, 8/4, 08/11/2010