Eugene weekly., February 10, 2011, Page 35, Image 35

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UPON SERVICE OF THE SUMMONS AND
PETITION UPON THE RESPONDENT. IT
REMAINS IN EFFECT UNTIL A FINAL DECREE
OR JUDGMENT IS ISSUED, UNTIL THE
PETITION IS DISMISSED, OR UNTIL FURTHER
ORDER OF THE COURT. PETITIONER’S/
RESPONDENT’S RIGHT TO REQUEST A
HEARING Either petitioner or respondent
may request a hearing to apply for further
temporary orders, or to modify or revoke
one or more terms of the automatic mutual
restraining order, by filing with the court
the Request for Hearing form specified in
Form 8.080.2 in the UTCR Appendix of
Forms. Date of first publication: January 27,
2011.
LANE COUNTY CIRCUIT COURT Probate
Department In the Matter of the Estate of
GEORGIA I. HILL, Deceased (DOD 11/8/10). No.
50 11 00360 NOTICE TO INTERESTED
PERSONS ALL PERSONS HAVING CLAIMS
against the Estate of GEORGIA I. HILL,
Deceased, Lane County Probate Case No.
50-11-00360, are required to present them,
with vouchers attached, to the Personal
Representative, appointed by the Lane
County Circuit Court, at 1158 High Street,
Suite 102, Eugene, Oregon, 97401, within four
(4) months from January 27, 2011, the date
of first publication, or such claims may be
barred. Any person 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 of the
Personal Representative. ROBERT G.
UPWARD, Personal Representative, c/o Lee
J. Judy, Attorney. Phone: 541-687-4802.
NOTICE OF DEFAULT, ELECTION TO SELL,
AND TRUSTEE’S NOTICE OF SALE The
successor trustee under the terms of the
trust deed described below, at the direction
of the beneficiary, hereby elects to sell the
property described in the trust deed to
satisfy the obligations secured thereby,
which the beneficiary has declared due.
Pursuant to ORS 86.745, the following infor-
mation is provided: 1. PARTIES: Grantors:
James A. McNie and Kimberly A. McNie;
Trustee: Western Title and Escrow
Company; Successor Trustee: Megan I.
Livermore, Gaydos, Churnside & Balthrop,
P.C., 440 East Broadway, Suite 300, Eugene,
Oregon 97401; Beneficiary: Home Federal
Bank, successor in interest to LibertyBank
pursuant to an Assignment of Trust Deed
dated November 15, 2010; recorded on
November 18, 2010, as Instrument No. 2010-
058730, in the official records of Lane
County, Oregon. 2. DESCRIPTION OF
PROPERTY: 92386 River Road, Junction
City, Oregon 97448, more specifically
described as follows: Beginning at the
stone marking the Southwest corner of
Lester Hulins Donation Land Claim No. 49,
Township 16 South, Range 4 West of the
Willamette Meridian; thence North 0º 37’
09” West 457.84 feet along or very near an
existing property line fence to an iron pin
set therein and marking the true point of
beginning, thence, North 0º 37’ 09” West
447.78 feet continuing along said fence line
and the Northerly extension thereof to a
point; thence South 89º 52’ 09” East,
1905.04 feet to a point, thence; South 0º 07’
52” West, 369.51 feet to a point; thence
South 89º 36’ 15” East, 20.93 feet to a point;
thence, North 89º 45’ 31” East, 1041.53 feet
to a point on the centerline of River Road;
thence, South 17º 33’ East, 62.85 feet along
said centerline to a point (being referenced
on the ground by an iron pin bearing South
89º 45’ 31” West, 31.42 feet); thence, South
89º 45’ 31” West, 1060.69 feet to a point
marked by an iron pin; thence North 89º 36’
15” West, 1920.06 feet to the true point of
beginning, in Lane County, Oregon. 3.
RECORDING DATA: Trust deed dated July
31, 2009; recorded on August 7, 2009, as
Instrument No. 2009-045611, in the official
records of Lane County, Oregon. 4.
DEFAULT FOR WHICH FORECLOSURE IS
MADE: Beneficiary seeks to foreclose the
trust deed for failure to pay the following
sums: Installments of principal and interest
which became due on June 1, 2010, and
subsequent payments; together with all
costs, disbursements, and/or fees incurred
or paid by the beneficiary and/or trustee,
their employees, agents or assigns. 5. SUM
OWING ON THE OBLIGATION SECURED BY
THE TRUST DEED: Beneficiary has
declared all amounts to be immediately due
and payable, including: (a) The principal
sum of $1,209,673.36; and (b) Interest
accruing daily at $231.99 as of November 16,
2010 in the amount of $46,170.68; and (c)
Late fees and foreclosure costs in the
amount of $5,870.20; and (d) Trustee’s
fees, attorney’s fees, sums required for
protection of the property, and additional
sums secured by the Trust Deed. 6.
ELECTION TO SELL: The successor trustee
hereby elects to sell the property to satisfy
the obligations secured by the trust deed.
This Notice of Default, Election to Sell and
Trustee’s Notice of Sale has been recorded
in the official records of Lane County,
Oregon, as 2010-058906, on November 19,
2010, as reflected on the copy of this docu-
ment which has been entered in the
records of Lane County for purposes of
notice of default and election to sell. 7.
DATE, TIME AND PLACE OF SALE:
Tuesday, April 5, 2011, at 10:00 a.m.
ENNEAGRAM PORTLAND
presented by Dale Rhodes
Understanding the 9 Points of
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& Spiritual Development
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Feb 26 th Tamarack Wellness Center
www.AlidaBirch.com
541-686-1610
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Pacific Time, as established by ORS 187.110;
at the doorsteps of the Lane County
Courthouse, 125 E. 8th Avenue, Eugene,
Oregon, 97401. 8. SALE OF PROPERTY:
The successor trustee will sell at oral public
auction to the highest bidder for cash, paid
on the date of sale, the interest which the
grantor had, or had power to convey at the
time of execution of the trust deed, togeth-
er with any interest of the grantor or suc-
cessors in interest acquired after execution
of the trust deed, to satisfy the sum owing
on the obligation plus the expenses of sale
and trustee and attorney fees. 9.
REINSTATEMENT: Pursuant to ORS 86.753,
the grantor, the grantor’s successor in
interest to all or any part of the trust prop-
erty, any beneficiary under a subordinate
trust deed, or any person having any subor-
dinate lien or encumbrance of record on
the property may cure the default or
defaults at any time prior to 5 days before
the date set by the trustee for the trustee’s
sale. If the default consists of a failure to
pay, when due, sums secured by the trust
deed, the default may be cured by paying
the entire amount due at the time of cure
under the terms of the obligation, other
than such portion as would not then be due
had no default occurred. Any other default
of the trust deed obligation that is capable
of being cured may be cured by tendering
the performance required under the obliga-
tion or trust deed. In any case, and in
addition to paying the sums or tendering
the performance necessary to cure the
default, the person affecting the cure shall
pay to the beneficiary all costs and expens-
es actually incurred in enforcing the obliga-
tion and trust deed, plus trustee and attor-
ney fees as prescribed in ORS 86.753. Upon
such payment, the proceedings shall be
dismissed and the trust deed reinstated. 10.
NOTICE TO TENANTS: The property in
which you are living is in foreclosure. A
foreclosure sale is scheduled for Tuesday,
April 5, 2011, at 10:00 a.m. at the door-
steps of the Lane County Courthouse, 125 E.
8th Avenue, Eugene, Oregon 97401. Unless
the lender who is foreclosing on this prop-
erty 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 legitimate
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 speci-
fies 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
PROPERTY AS A RESIDENTIAL DWELLING
UNDER A LEGITIMATE RENTAL AGREEMENT,
FEDERAL LAW REQUIRES THE BUYER TO GIVE
YOU 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 pri-
mary 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 REQUIRING YOU
TO MOVE OUT IF YOU ARE OCCUPYING AND
RENTING THE PROPERTY AS A TENANT IN
GOOD FAITH. EVEN IF THE FEDERAL LAW
REQUIREMENT IS NO LONGER EFFECTIVE
AFTER DECEMBER 31, 2012, THE REQUIREMENT
UNDER 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 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 notice under state law,
you must prove to the business or individu-
al who is handling the foreclosure sale that
you are occupying and renting this proper-
ty as a residential dwelling under a legiti-
mate 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 “SUCCESSOR
TRUSTEE.” You must mail or deliver your
proof not later than (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 you paid. ABOUT YOUR
SECURITY DEPOSIT: Under state law, you
may apply your security deposit and any
rent you paid in advance against the cur-
rent 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
landlord. ABOUT YOUR TENANCY AFTER THE
FORECLOSURE SALE: The business or indi-
vidual who buys this property at the fore-
closure 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 prop-
erty. Otherwise, the buyer is not your land-
lord 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 YOU MADE OR PREPAID
RENT YOU PAID AGAINST YOUR CURRENT
RENT OBLIGATION. BE SURE TO KEEP PROOF
OF ANY PAYMENTS YOU MAKE AND OF ANY
NOTICE YOU GIVE OR RECEIVE CONCERNING
THE APPLICATION OF YOUR DEPOSIT OR
YOUR 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
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 and 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. Legal Aid Services of Oregon
Lane County Office, 376 East 11th Avenue,
Eugene, Oregon 97401. 1-541-342-6056.
1-800-422-5247. 1-541-341-1262 Fax. Oregon
State Bar, Lawyers Referral Service: 1-503-
684-3763/1-800-452-7636. PO Box 231935,
Tigard, Oregon 97281-1935. In construing
this notice, the masculine gender includes
the feminine and the neuter, 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 said trust deed, the words
“trustee” and “beneficiary” include their
respective successors in interest, if any.
DATED: November 19, 2010. Megan I.
Livermore, Successor Trustee. STATE OF
OREGON County of Lane. This instrument
was acknowledged before me on November
19, 2010, by Megan I. Livermore, Successor
Trustee. Debra Dawn Ragsdale, Notary
Public for Oregon. THIS IS AN ATTEMPT
TO COLLECT A DEBT AND ANY
INFORMATION OBTAINED WILL BE USED
FOR THAT PURPOSE. Date of first publica-
tion: February 3, 2011. Date if last publica-
tion: February 24, 2011.
¡ASK A MEXICAN!
BY GUSTAVO ARELLANO
Dear Readers: Although
many of you have loved
and/or loathed my
columna for years, the
Mexican still fi nds new
readers every week in
the unlikeliest of spots
(hola, Chattanooga! See
you in August, inshallah!).
As a result, I sometimes
receive questions about the
methodology of the column, ques-
tions all of us know the respuestas to but that bear refrying
from time to tiempo. Without further ado …
Dear Mexican: I’ve been watching you speak about
your ¡Ask A Mexican¡ column. Now, you keep reiterat-
ing that this is supposed to be a joke. I have a question
for you: It would be OK for a Caucasian to speak in an
insulting yet joking manner about Mexicans, right?
When my daughter comes up to me and asks me why
some of the girls at her school call her a white bitch,
what am I to say when adults continue to press the
issue that this is acceptable AND funny? She is the
only one in her class who looks like her, but that’s a
non-issue because she’s white. If it were the other
way around it would be a big deal—I know this because
it was when I was a child. I do not believe you un-
derstand the damage you are creating by making it
socially acceptable to speak the way you do.
— Tiger Mom
Dear Gabacha: I’ve never said my column is a pure joke —
it’s a satirical response to the bigotry Mexicans must endure
in this country. A joke’s only intent is to elicit a laugh. For
instance, did you hear the one about the guy who left a banjo
in the back of his truck, only to return and fi nd the windows
shattered — and two banjoes? OK, so bluegrass-music
humor isn’t exactly Jerry Seinfeld territory, but there are no
other ulterior motives behind the chiste other than an intra-
group ridiculing of banjo players — no social commentary,
no statement of facts, nada. Satire is humor laced with sting-
ing facts and points to make specifi c commentaries attacking
the status quo — think Twain, Swift, Colbert, Chapelle, and
the mess that I make trying to copy them. And when have
I ever said it’s OK to make fun of gabachos for their race?
I advocate logical, lyrical smackdowns of Know Nothings,
who come in all colors — and if you don’t believe me, try to
fi gure out what Michelle Malkin’s maiden name is.
Dear Mexican: I read your column regularly, thank you.
I do however have what I think should be a simple
request of you. My Spanish skills are confi ned to the
street slang that I learned growing up in Los Angeles
County during the 1970s and ‘80s — I’m not exactly
what I would call profi cient in polite company. Not
surprisingly, you often use Spanish words and phrases
in your column that are more appropriate for usage
in the forum of public debate. I would appreciate it if
at the end of each of your columns, you allot space to
defi ning the Spanish words and phrases which appear
in your articles. For most of us, the alternative will be
to look it up on the internet — a translation done out-
of-context. For instance, all this time I thought that I
was a “gringo” but maybe I’m a “gabacho” instead — or
too? Who knew? In any event, it would be nice to learn
a little bit about the language at the same time, and
in the same context, that we are learning about the
Mexican culture through your column.
— Muchos Gracias (which means “Thank You”)
Dear Gabacho: No, you’re very much a gringo and a gaba-
cho. I do love slipping in español words whenever possible,
but I also make it a point to make easy-to-decipher choices.
For instance, look at the Spanish words I’ve used so far.
Tiempo? Use your cabeza — it’s “time,” as in the idiom
“from time to time.” Cabeza? Head, as in “use your head.”
Pretty fácil, right? In the rare cases I do use palabras that
you can’t easily understand, keep reading — I’ll explain it
sooner rather than más tarde.
GOOD MEXICAN OF THE WEEK: The Coalition of
Immokalee Workers have done the Lord’s work for the past
decade organizing Mexican, Central American and Haitian
tomato pickers in South Florida to ask fast-food giants to pay
an iota more to double the salaries of its members. More in-
formation at www.ciw-online.org.
Ask the Mexican at themexican@askamexican.net, be his fan on
Facebook, follow him on Twitter or ask him a video question at
youtube.com/askamexicano!
EUGENE WEEKLY FEBRUARY 10, 2011
35