Illinois Valley News, Cave Junction, Ore. Wednesday, July 28, 2010
Page 8
Southard may face federal charges for explosives
By SCOTT JORGENSEN
IVN Staff Writer
An Illinois Valley resident may
be facing federal charges for his al-
leged possession of explosive de-
vices in O’Brien earlier this year.
Merle Southard, 30, has been
lodged in Josephine County Jail in
Grants Pass since Jan. 15 under a
parole violation charge.
On Feb. 11, an unidentified
O’Brien resident phoned 911 to re-
port explosive devices on Cobalt
Road. The devices were inside a tent
that the caller was packing up, said
Josephine County Sheriff’s Office
(JCSO).
According to JCSO logs re-
corded at the time, the devices re-
sembled a fire extinguisher canister
with the top removed. A cap was
placed over the device with wires
coming out and wrapped around the
canister.
The devices were found inside a
backpack with two other canisters
that did not have wire. The tent was
located 40 yards from any structure.
An Oregon State Police bomb
squad was dispatched to remove the
devices. Southard was identified as a
suspect in the incident.
Willian sentenced in sex case
Cave Junction resident Dennis Willian were based on allegations
Willian, 66, was sentenced to nine that he abused a 5-year-old girl on
years in state prison on Thursday, multiple occasions during 2002. He
July 22 after pleading guilty to five was arrested and booked into county
jail in Grants Pass on June 10.
counts of first-degree sex abuse.
At the time of Willian’s arrest,
Willian entered his plea into
Josephine County Circuit Court in he was living near Evergreen Ele-
Grants Pass on Friday, July 16. Dep- mentary School in Cave Junction.
uty District Attorney Ryan Mulkins, Willian was represented in court by
who prosecutes most of the sex Victory Walker from the county
crime cases in the county, said that public defender’s office.
Willian was indicted on 15 counts of
first-degree sex abuse.
The guilty plea was
PERSONAL
part of a deal with prosecu-
tors, Mulkins said.
Because first-degree
Lose Weight,
sex abuse is a Measure 11
Feel Great!
crime with mandatory TOPS (Take Off
minimum sentencing, Wil- Pounds Sensibly).
lian will be ineligible for Weight Loss for all
alternative programs or sizes. 10:30 a.m. to
Noon on Thursdays.
early release.
Willian also was sen- United Methodist
541-592-
tenced to post-prison super- Church.
3167
vision, Mulkins said.
TT-tfc
The charges against
On July 8, he was among many
suspects to face arraignment before
Josephine County Circuit Court
Judge Lindi Baker at the courthouse
in Grants Pass. Southard attended via
teleconference from the county jail.
Deputy District Attorney Anne
Marie Kirchoff told Baker that
Southard’s case might be picked up
by federal officials, and that she was
waiting to hear back from them.
Kirchoff added that the district attor-
ney’s office cannot proceed with
prosecuting the case until they know
if federal officials plan to file
charges.
Baker pointed out that the case
already had been postponed eight
times.
“I just don’t want this case to
languish,” Baker said.
Southard’s next hearing was
scheduled for Thursday, July 15, but
no action was taken at that time.
On Thursday, July 22, a hearing
was held in which an attorney repre-
senting Southard made a motion for
the suspect’s conditional release.
That motion was denied by Judge
Thomas Hull.
Southard remains lodged in jail
on $30,000 bail. He still is facing two
counts of possession of a destructive
device and manufacture of a destruc-
tive device and one count of assault
of a public safety officer.
LEGAL NOTICE
PERSONAL
LEGAL NOTICE
DRINKING
PROBLEM ?
BARGAIN
STORAGE
175 Finch Road
Kerby, OR 97531
Richard Velasquez
Unit #61
AA CAN HELP
Call 541-592-2901
or 541-761-4115
* * *
CJ Meetings:
Immanuel
Methodist Church
Mon 7-8 p.m.
Wed 7-8 p.m.
Thurs 7 p.m.
Sat 7 p.m.
Sun 7 p.m.
St. Matthias
Church
Tues 7 p.m.
Wed 7 p.m. Men
Sat 10 a.m. Women
AL-ANON Family
Group
I.V. Senior Center
Wed 7-8 p.m.
AA-tfc
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF JOSEPHINE
In the Matter of the Estate of:
NEALE EUGENE SHUMAKER,
Deceased.
Publish & Affd.:
If you want to do something, do it.
~ Plautus ~
Case No. 10P0170
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 persons
having claims against the estate are hereby required to present their
claims, with proper vouchers, within four months after the date of first pub-
lication 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
Notice
You are hereby noti-
fied that your storage
unit #61 at Bargain
Storage, 175 Finch
Road, Kerby, OR will
be emptied and its
contents sold by
sealed bid to the
highest bidder. Sale
will take place at
Bargain Storage, 175
Finch Road, Kerby
OR 97531 on Satur-
day, August 7, 2010
at 10 a.m.
Publish:
7/21 & 7/28/2010
LEGAL NOTICE
A+ Mini Storage
Mansfield R. Cleary
Attorney for the Estate
P.O. Box 234
Cave Junction, OR 97523
The contents of the unit/units listed below will
be sold August 12, 2010. Anyone wishing to
submit a sealed bid on any unit may do so at:
A+ Mini Storage, 25657 Redwood Hwy., Cave
Junction, Oregon, between the hours of 3 p.m.
and 5 p.m. August 12, 2010. Each unit will be
sold as a “complete unit” and the buyer will be
responsible for removing the entire contents of
the purchased unit within 48 hours of the sale.
Unit #
Size
Tenant
6
10x15 Tammy Herrmon
8
10x15 Roxanne Elings
37
10x20 George Childress
104
10x10 Rudy Gonzales
116
10x10 Casey Rygiel
136
10x15 Destiny Ridenour
July 7, July 14, July 21, July 28, 2010
Publish:
July 28 & August 4, 2010
LEGAL NOTICE
Trustee’s Notice of Sale Loan No: 8501081092
T.S. No.: 10-02347-5 JV Reference is made to
that certain Line of Credit Deed of Trust made by,
Marc Bovet and Britina Jayce Bovet, as tenants by
the entirety as Grantor to Ticor Title Company, as
trustee, in favor of UMPQUA Bank, It's successors
and/or assigns, as Beneficiary, recorded on
08/08/2008, as Instrument No. 2008-012540 of
Official Records in the office of the Recorder of
Josephine County, OR to-wit: APN: R341325
Commonly known as: 7304 N Applegate Rd
Grants Pass, OR 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: failed to pay the balance of the principal
sum which became due; together with interest due
thereon; failed to pay payments which became
due; together with late charges due; Monthly Pay-
ment $5,032.52 Monthly Late Charge $251.62 By
this reason of said default the beneficiary has de-
clared all obligations secured by said deed of trust
immediately due and payable, said sums being
the following, to-wit: The sum of $768,423.81 to-
gether with interest thereon at the rate of
6.37500% per annum from February 1, 2010 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 FIDELITY NATIONAL TITLE INSUR-
ANCE COMPANY, the undersigned trustee will on
11/22/2010 at the hour of 01:00 PM, Standard of
Time, as established by Section 187.110, Oregon
Revised Statues, At the front door to the Jose-
phine 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 the 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 named in Section 86.753 of Oregon Revised
Statutes has the right to have the foreclosure pro-
ceeding dismissed 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 oc-
curred), together with the costs, trustee’s and at-
torney’s fees and curing any other default com-
plained 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 further information, please
contact Fidelity National Title Insurance Company,
3075 Prospect Park Dr., Ste 100, Rancho Cor-
dova, CA 95670 Phone 916-636-0114 Trustee
Sale Line 714-573-1965 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 owning an obligation, the perform-
ance of which is secured by said trust deed, the
words “trustee” and “beneficiary” include their re-
spective successors in interest, if any. Dated:
7/21/2010 Fidelity National Title Insurance Com-
pany Jenny Viall State of California County of
Sacramento I, the undersigned, certify that I am
the Trustee Sale Officer and that the foregoing is
a complete and exact copy of the original Trus-
tee’s Notice of Sale. Jenny Viall P#727008
TRUSTEE’S NOTICE OF SALE T.S. No.: OR-10-
369539-SH Reference is made to that certain
deed made by Violet M. Shanley as Grantor to
Josephine-Crater Title Companies, Inc, as Trus-
tee, in favor of Mission Hills Mortgage Corpora-
tion, as Beneficiary, dated 8/13/1996, recorded
08/22/1996, in official records of Josephine
County, Oregon, in book/reel/volume No. xxx, at
page No. xxx fee/file/instrument/microfile/
reception No. 96-16030 covering the following
described real property situated in said County
and State, to wit: APN: R303480 Lot 6, Dobbin-
shire Subdivision, Josephine County, Oregon.
Commonly known as: 298 Timber Lane Grants
Pass, OR 97526 Both the beneficiary and the trus-
tee 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 4/1/2010, 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 $1,102.19
Monthly Late Charge $55.11 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 $95,330.73 together with inter-
est thereon at the rate of 8.8750 per annum from
3/1/2010 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 11/24/2010, 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 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 11/24/2010. 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 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 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 10/25/2010 (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 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: 7/19/2010 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#726303
Publish & Affd:
Publish & Affd.:
7/28, 8/4, 8/11, 08/18/2010
7/28, 8/4, 8/11, 08/18/2010