Illinois Valley News, Cave Junction, Ore. Wednesday, December 27, 2017
Page A-9
Year in Review: November
•Simon Hare abstains from RR ban vote:
Ordinance No. 2017-001, which aims to ban the
production of commercial cannabis on Rural
Residential (RR) land, went through its second
first reading at the Nov. 1 Weekly Business
Session and passed 2-0. Commissioner Simon
Hare abstained his vote and announced that
he’s recused himself entirely from all further
deliberations on the ordinance, citing perceived
conflicts of interest. The second reading is
scheduled for Nov. 29 at the Anne Basker
Auditorium at 9 a.m. Before being signed,
the proposed rule regarding the prohibition of
work being performed at cannabis production
sites on Sundays was stricken. Lawful hours
of operation outlined in 2017-001 remain from
dawn to dusk.
•Unsubstantiated Statements: In an article
published by the Curry Coastal Pilot Oct. 20,
Josephine County’s community development
director Julie Schmelzer and Commissioner Lily
Morgan claimed that, in addition to 3,000 legal
cannabis operations, Josephine County is host to
an estimated 5,000 illegal ones. In anticipation
for the potential ban regarding commercial
cannabis farming on Rural Residential (RR)
land, as reported in the Oct. 17 issue of the
Curry Coastal Pilot, Schmelzer said that she
warned the Curry County Commissioners that
unscrupulous growers may move over into
their county should the ban force them out.
She further recommended that they develop
rules to make sure that the industry develops
in an equitable manner that would be safe for
all residents. When asked for the source that
suggests Josephine County has 5,000 illegal
grow sites, Schmelzer said that her information
came from a state agency though she refused
to specify which one. Wally Hicks, Josephine
County’s Attorney, said that the county
possesses no documents pertinent to such a
statement.
•City recorder Becky Patton confirmed
that Cave Junction received $6,304 cannabis
tax dollars Oct. 5 in the state’s first quarterly
distribution since recreational cannabis sales
began back in 2015.
•Bad year for mushrooms, local
mycologist predicts: A local mycologist, who
prefers to go by his online name, Matsiman,
specializes in the growth and lifecycle of wild
mushrooms and predicts, with 95 percent
certainty that 2017 has been and will be a bad
year for hunters and buyers alike.
•County releases records with little time
before vote: Chris Hall, president of the Cave
Junction Farmers’ Market and local community
activist, received the second part of his public
records request which demanded that all emails
made to or from the commissioners regarding
the ban on cannabis from Sept. 22, 2016, to
Oct. 10, 2017, be handed over. The purpose of
the investigation is to determine whether or not
farming cannabis on Rural Residential (RR)
properties is as widespread and unenforceable a
problem as the commissioner’s claim it is. The
county took 48 days to complete the process
and all identifiable information regarding
members of the public who voiced their
opinions has been redacted. As such, there’s
no way of determining if any one person sent
two or more complaints regarding the proposed
regulations.
•Cannabis debate continues: Passions
are running high with the marijuana growing
restrictions debate for Rural Residential (RR)
properties in Josephine County. A few weeks
back a couple young ladies representing a
pro-grow community group aptly named
“Growmunity,” met with Commissioner Dan
DeYoung. During that meeting Cassie Cooper
claims DeYoung used strong arm tactics to
get her to back down. Cooper stated in an
email to the Illinois Valley News that DeYoung
said the following: “This ordinance is gonna
happen. And if you keep fighting me on it you
will get an outright ban. There are folks in the
community who have put a petition together
and are very close to having all the signatures
required to get it on the ballot in May.”DeYoung
views the conversation differently, “I was trying
to explain to her what I felt would happen if we
just stopped working on this ordinance.”
•Josephine County declares housing
emergency: On Nov. 21, the Board of
Commissioners officially declared that the
unincorporated areas of Josephine County are
suffering from a housing emergency. According
to Commissioner Simon Hare, the declaration
is designed to put pressure on the state and
hopefully encourage them to make legislative
adjustments to Oregon’s “cumbersome”
land use processes which are prohibiting the
development of affordable housing.
•Santa will leave his reindeer and sleigh
at the North Pole Nov. 25 when he visits Cave
Junction for the annual community Christmas
Tree Lighting ceremony.
•Food & Friends Senior Meals Program
will be serving lunch at their new location in
Cave Junction at the Illinois Valley Senior
Center, 520 E. River Street starting Wednesday,
Nov. 15. “Monday the 13th is the last day we
will be serving in the Old County Building,”
explained Kristi Welburn, Food & Friends
Nutrition Supervisor. “Meals on Wheels and the
Meals Program will stay the same – just be at a
different place.”
Year in Review: December
• Late November, the Josephine County
Parks Department received a report that 10
largemouth bass were found dead around the
lake’s dam which is currently being rebuilt. So
far, as of the last estimate, more than 100 bass
have mysteriously perished. No other species
of fish living in the lake have been affected.
As it turns out in December state biologists
confirmed it was a lack of oxygen that has
since corrected itself.
• The Illinois Valley Fire District’s
(IVFD) four new career firefighter EMTs,
paid for with money from the levy which
passed during the May special election,
recently finished up the department’s two
week orientation process before being
deployed Monday, Dec. 18. The levy, and
subsequently the new team members, aim
to bolster the district’s manpower resources
following a chronic and longstanding shortage
of volunteers for which it relied on almost
exclusively for many years. “We’re glad to
have them on board,” Fire Chief Dennis Hoke
said, “I think we’ve made a great decision
and they’re excited to be out here. It’s going
to be a definite improvement in our ability
to respond to calls in the Illinois Valley.”
Two of the new firefighters were volunteers
within the district while the second two were
working for Jackson County Fire District No.
5 as part of Rogue Community College’s Fire
Science program.The IVFD, asking only those
who were both certified firefighters and state
licensed EMTs to apply, initially received
15 viable applications but whittled it down
to eight after a vetting process that included
a physical agility and written test. Panel
interviews made the final decision as to who
would be the best for the job.
• The indomitable Valley Girls have
completed another successful year of quilt-
making and fundraising for the youth of the
Illinois Valley. In a presentation Nov. 27,
three nonprofit organizations dedicated to
improving the lives of Illinois Valley youth
were each awarded $2,000. Representatives
from I.V. Boys and Girls Club, the Evergreen
Elementary School Life Skills program and
I.V. High School baseball team received
checks for their respective programs. The
funds were raised from raffling the 2017
Opportunity Quilt throughout the year, as well
as silent auction sales and admission fees for
the Valley Girls’ ninth annual quilt show in
October. The presentation took place during
a regularly scheduled Valley Girls meeting
at the I.V. Senior Center. Valley Girls co-
founder Carol Dickson said, “It’s amazing
that a non-profit not affiliated with a national
organization has stood the test of time. I thank
the community and the small core of ladies
who make this all possible. It says something,
too, that when people hear that proceeds go
to benefit kids in the Valley, they’re very
supportive and often donate more toward the
cause.” The show features all new quilts each
year, games and door prizes and a “country
store” offering quilt kits, magazines, materials
and donated quilts. About 600 people attended
this year’s quilt show, the second highest
attendance after the 2015 show. Over the
past nine years, the group has raised close to
$40,000.
• Community development director Julie
Schmelzer, speaking on the county’s side of
cannabis in an Illinois Valley News interview,
laid out how the industry has affected the area.
Schmelzer reports that the county’s workload
has substantially increased since legalization
and although there are no official statistics on
the topic, she says that cannabis is inundating
the system for very little reward. The county
recently received its first state level cannabis
tax dollar payout, but, according to Schmelzer,
it’s simply not enough to cover the cost. The
next distribution of cannabis tax dollars has the
potential to be more substantial because it’ll be
based entirely on a new formula which appears
to be more considerate of cannabis growing
counties. However, the county has not been
informed as to what future installments may
be.
• On Nov. 29 Commissioners Lily
Morgan and Dan DeYoung voted to continue
deliberations regarding Ordinance No. 2017-
002, which aims to regulate the production
of commercial cannabis on Rural Residential
(RR) land, and will reconvene for another
potential vote Dec. 6. The amount of existing
grow sites that will be affected by the
ordinance, since most of them are Oregon
Medical Marijuana Program (OMMP) farms
whose location is protected under privacy
laws, is currently unknown. Oregon Liquor
Control Commission (OLCC) farms do not
have such protections and the county has
admitted on several occasions that they’re not
the source of citizen complaints.
• DeYoung initially voted to pass the
bill as written after Morgan voted to continue
deliberations but Commissioner Simon
Hare reminded DeYoung that he’s recused
himself from all political involvement on the
matter and that if the vote went one to one,
the ordinance would be dead in the water.
After hearing this he agreed to continue
deliberations.
• After a week delay, Dec. 6 the Josephine
County Board of County Commissioners
approved Ordinance No. 2017-002 while
Simon Hare abstained and both Lily Morgan
and Dan DeYoung voted in favor. The county
expects a series of lawsuits in response to the
new laws, most specifically from Farm &
Agricultural Rights Management, a collective
of affected parties rallied under Ross Day, a
decorated land use attorney.
• Ordinances in Josephine County
have a 90 grace period before becoming
effective during which time citizens have
the opportunity to circulate a petition
which, should it gain the required amount of
signatures, will refer the issue to the voters.
PUBLIC NOTICE
NOTICE
OF
DEFAULT
AND
FORECLOSURE SALE Trustee Sale No:
129856-OR Loan No: 431-4837745 Title
Order No: 8716834 APN R316595/36-05-29-
D0-002500-00 WHEREAS, on 08/27/2009, a
certain Deed of Trust was executed by OLAND
C. JANUARY AND VERLIE M. JANUARY,
TRUSTEES OF THE JANUARY FAMILY
TRUST U.A.D. OCTOBER 27, 1993, as trustor
in favor of WELLS FARGO BANK, N.A.
as beneficiary and FIDELITY NATIONAL
TITLE INSURA as trustee, and was recorded
on 09/02/2009 as Document No. 2009-014227,
and WHEREAS, the Deed of Trust was insured
by the United States Secretary of Housing and
Urban Development (the Secretary) pursuant
to the National Housing Act for the purpose
of providing single family housing; and
WHEREAS the beneficial interest in the Deed
of Trust is now owned by the Secretary, pursuant
to an assignment recorded 10/19/2015 in
document no. 2015-013838, of Official records
in the office of the Recorder of JOSEPHINE
County, OR, and WHEREAS a default has
been made in the covenants and conditions of
the Deed of Trust PURSUANT TO SECTION
9(b)(iii), OF THE LOAN DOCUMENTS
“DUE AND PAYABLE WITH SECRETARY
APPROVAL. AS DEFINED, THE LENDER
WILL REQUIRE IMMEDIATE PAYMENT
IN FULL OF ALL OUTSTANDING
PRINCIPAL AND ACCRUED INTEREST
IF; AN OBLIGATION OF THE BORROWER
UNDER THIS SECURITY AGREEMENT IS
NOT PERFORMED, AS PER THE REPAIR
RIDER AGREEMENT” INCLUDING ALL
FORECLOSURE FEES, ATTORNEY FEES
AND ADVANCES TO SENIOR LIENS,
INSURANCE, TAXES AND ASSESSMENTS
WHEREAS, by virtue of this default, the
Secretary has declared the entire amount of
the indebtedness secured by the Deed of Trust
to be immediately due and payable; NOW
THEREFORE, pursuant to powers vested in me
by the Single Family Mortgage Foreclosure Act
of 1994, 12 U.S.C. 3751 et seq., by 24 CFR part
27, subpart B, and by the Secretary’s designation
of me as Foreclosure Commissioner, recorded
on 05/11/2017 as Instrument No. 2017-006383,
**THE SALE DESCRIBED BELOW HAS
BEEN POSTPONED TO 01/09/18, SAME
TIME AND LOCATION AS FURTHER
DESCRIBED BELOW** notice is hereby
given that on 12/06/2017,** at 01:00PM local
time, all real and personal property at or used
in connection with the following described
premises (“Property”) will be sold at public
auction to the highest bidder: AS MORE FULLY
DESCRIBED IN SAID DEED OF TRUST
Commonly known as: 2650 CLOVERLAWN
DR., GRANTS PASS, OR 97527 The sale will
be held: Inside the main lobby of the Josephine
County Courthouse, 500 NW 6th St, Grants
Pass, OR 97526 The Secretary of Housing
and Urban Development will bid $180,536.84.
There will be no proration of taxes, rents or other
income or liabilities, except that the purchaser
will pay, at or before closing, his pro rata share
of any real estate taxes that have been paid by
the Secretary to the date of the foreclosure sale.
When making their bids, all bidders except
the Secretary must submit a deposit totaling
$18,053.68 [10% of the Secretary’s bid] in the
form of a certified check or cashier’s check made
out to the Secretary of HUD. A deposit need not
accompany each oral bid. If the successful bid is
oral, a deposit of $18,053.68 must be presented
before the bidding is closed. The deposit is
nonrefundable. The remainder of the purchase
price must be delivered within 30 days of the
sale or at such other time as the Secretary may
determine for good cause shown, time being of
the essence. This amount, like the bid deposits,
must be delivered in the form of a certified or
cashier’s check. If the Secretary is the highest
bidder, he need not pay the bid amount in cash.
The successful bidder will pay all conveying
fees, all real estate and other taxes that are due
on or after the delivery date of the remainder of
the payment and all other costs associated with
the transfer of title. At the conclusion of the sale,
the deposits of the unsuccessful bidders will be
returned to them. The Secretary may grant an
extension of time within which to deliver the
remainder of the payment. All extensions will
be for a 15-day increments for a fee of $500.00,
paid in advance. The extension fee will be in
the form of a certified or cashier’s check made
payable to the Secretary of HUD. If the high
bidder closes the sale prior to the expiration
of any extension period, the unused portion
of the extension fee shall be applied toward
the amount due. If the high bidder is unable
to close the sale within the required period, or
within any extensions of time granted by the
Secretary, the high bidder may be required to
forfeit the cash deposit or, at the election of the
foreclosure commissioner after consultation
with the HUD representative, will be liable to
HUD for any costs incurred as a result of such
failure. The commissioner may, at the direction
of the HUD representative, offer the property to
the second highest bidder for an amount equal
to the highest price offered by that bidder. There
is no right of redemption, or right of possession
based upon a right of redemption, in the
mortgagor or others subsequent to a foreclosure
completed pursuant to the Act. Therefore, the
Foreclosure Commissioner will issue a Deed
to the purchaser(s) upon receipt of the entire
purchase price in accordance with the terms
of the sale as provided herein. HUD does not
guarantee that the property will be vacant. The
scheduled foreclosure sale shall be cancelled or
adjourned if it is established, by documented
written application of the mortgagor to the
Foreclosure Commissioner not less than 3 days
before the date of sale, or otherwise, that the
default or defaults upon which the foreclosure
is based did not exist at the time of service of
this notice of default and foreclosure sale, or all
amounts due under the mortgage agreement are
tendered to the Foreclosure Commissioner, in
the form of a certified or cashier’s check payable
to the Secretary of HUD, before public auction
of the property is completed. The amount that
must be paid if the mortgage is to be reinstated
prior to the scheduled sale is $180,507.75 as of
12/05/2017, plus all other amounts that would be
due under the mortgage agreement if payments
under the mortgage had not been accelerated,
advertising costs and postage expenses incurred
in giving notice, mileage by the most reasonable
road distance for posting notices and for the
Foreclosure Commissioner’s attendance at the
sale, reasonable and customary costs incurred
for title and lien record searches, the necessary
out-of-pocket costs incurred by the Foreclosure
Commissioner for recording documents, a
commission for the Foreclosure Commissioner,
and all other costs incurred in connection with
the foreclosure prior to reinstatement. Tender
of payment by certified or cashier’s check or
application for cancellation of the foreclosure
sale shall be submitted to the address of
the Foreclosure Commissioner provided
below. DATE: 10/03/2017 FORECLOSURE
COMMISSIONER: MORTGAGE LENDER
SERVICES, INC. 11707 Fair Oaks Blvd., Ste
202 Fair Oaks, CA 95628 (916) 962-3453
Fax: (916) 962-1334 Sale Information Line:
916-939-0772 or www.nationwideposting.
com TARA CAMPBELL, FORECLOSURE
COMMISSIONER OFFICER NPP0321890
To: ILLINOIS VALLEY NEWS 12/13/2017,
12/20/2017, 12/27/2017.