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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (June 20, 2019)
B9 THE ASTORIAN • THuRSdAy, JuNE 20, 2019 101 Legal Notices AB7326 Main Street Storage (South) Pursuant to its lien rights Intends to sell at Cash only Public oral auction The property of: Mark Crouch #152A Jacob Leino #302 Bill Saar #236 Allen Saul #228 Jan Stewart #170 Sale to be held at 1805 S. Main Ave. Warrenton, Oregon 6/26/19 11:00 am (503) 861-2880 Published: June 13th and 20th, 2019. AB7292 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF CLATSOP In the Matter of the Estate of JEFFREY R. ADAMS, Deceased. No. 19PB04094 NOTICE TO INTERESTED PERSONS NOTICE IS HEREBY GIVEN that ELISABETH G. ADAMS has been appointed per- sonal representative in the above-referenced estate. All persons having claims against the estate are required to present them, with vouchers attached, to the attorney for the personal representative at the address listed below, with- in four months after the date of first publication of this notice, or the claims may be barred. All persons whose rights may be affected by the proceed- ings may obtain additional information from the records of the court, the personal rep- resentative, or the attorney for the personal representative. ATTORNEY FOR PERSONAL REPRESENTATIVE: Michael A. Autio, OSB #91200 93750 Autio Loop, Astoria, OR 97103 Phone: (503) 325-9155 PERSONAL REPRESENTATIVE: Elisabeth G. Adams c/o 93750 Autio Loop, Astoria, OR 97103 Phone: (503) 325-9155 Date of first publication: May 30, 2019 Published: June 20, 27, and July 4, 2019. SHOP LOCAL! Check the Business Directory daily to utilize the local professionals advertising in The Astorian. To place an ad in our Business Directory, call 503-325-3211. IF YOU HAVE an eye for real value, you’ll eye the classified ads regularly. 101 Legal Notices 101 Legal Notices 101 Legal Notices 101 Legal Notices AB7332 PUBLIC NOTICE 101 Legal Notices 101 Legal Notices AB7333 Notice is hereby given that in accordance with Section 13.030 Ad- ministrative Provision of the City of Gearhart Zoning Ordinance the Gearhart Planning Commission will hold the following public hearing on Thursday, July 11, 2019 at 6:00 p.m., Gearhart City Hall, 698 Pacific Way, Gearhart, Oregon: File #19-002V – Variance request submitted by Shawn Helligso Construction seeking relief from Section 6.010(1)(A) fence height for property located at 1310 Sea Ridge Lane and further described as Assessors Plat 61003CD, Tax Lot 604. Said request is to ex- ceed the 6-foot height limitation and allow a seven (7) foot fence. Criteria relevant to the application are in Section 3.2 Medium Den- sity Residential R-2; Article 6 Accessory Uses, Fences, Article 9 Variances. A copy of the application, all documents and evidence relied upon and applicable criteria pertinent to the requests are available for review on the city website www.cityofgearhart.com and at Gear- hart City Hall at the office of Chad Sweet, 503-738-5501. Copies of materials and the city staff report may be obtained at a reason- able cost seven (7) days prior to the hearing. All interested parties are invited to express their opinion for or against the request at the hearing, by letter addressed to the Gearhart Planning Com- mission, P O Box 2510, Gearhart, Oregon 97138, or by email at planning@cityofgearhart.com received prior to 4:00 o’clock pm the day of the hearing. The public hearing will be conducted in ac- cordance with Section 13.050 of the Gearhart Zoning Ordinance. Any person testifying may appeal the decision, however, failure to raise an issue, including constitutional or other issues regarding conditions of approval, with sufficient specificity to afford the City and parties to the request an opportunity to respond to the issues precludes appeal on said issue to the State Land Use Board of Appeals (LUBA), or to seek damages in circuit court due to a con- dition of approval. Cheryl A. Lund Gearhart Planning Commission City of Gearhart Published: June 20th, 2019. 101 Legal Notices 101 Legal Notices AB7343 Notice of Planning Commission Public Hearing On Tuesday, July 2, 2019 at 7:00 p.m. a public hearing will be held by the Seaside Planning Commission at Seaside City Hall, 989 Broadway, to take testimony regarding the following item: 19-040CU: A conditional use request by Romano Development to allow the establishment of a three unit condominium at 321 S Prom (T6, R10, 21AC TL: 11900). The proposed units would be side-by-side (townhome style) and the 1st floor would be used for parking with access from Avenue A. The property is zoned Resort Residential (RR), and although the zone permits motels outright, condominiums are a conditionally permitted use. The review will be conducted in accordance with Article 6 and Article 10 of the Seaside Zoning Ordinance that establishes the review criteria and procedures applicable to the request. A copy of the application, applicable criteria, documents, and ev- idence relied upon by the applicant are available for review at no charge. Likewise, a staff report will be available for inspection 7 days prior to the hearing. These materials can be reviewed at the Community Development Department, 1387 Avenue U in Seaside. Copies of these materials will be provided at a reasonable cost. All interested persons are invited to attend the meetings and sub- mit oral testimony in favor or in opposition to the request. During the hearing, individuals that wish to offer testimony will be called to a microphone by the Chairman of the Planning Commission and asked to state their name and address for the record before they testify. Written testimony is also welcome and will be submitted to the Planning Commission at the time of the hearing. Comments may be delivered to the Community Development Department located at 1387 Avenue U or mailed to 989 Broadway, Seaside, Oregon 97138. A copy of the application, applicable criteria, doc- uments, and evidence relied upon by the applicant are available for review at no charge. Likewise, a staff report will be available for inspection 7 days prior to the hearing. These materials can be reviewed at the Community Development Department. Copies of these materials will be provided at a reasonable cost. Failure to raise an issue at the meeting, in person, or in writing, or failure to provide sufficient details to afford the Planning Commis- sion and the applicant an opportunity to respond to the issue may preclude appeal to the Land Use Board of Appeals on that issue. For more information, contact Seaside Planning Director, Kevin Cupples at (503) 738-7100. Published: June 20, 2019. AB7334 TRUSTEE’S NOTICE OF SALE Reference is made to those certain deeds of trust made by Jerry W. Richardson, as Grantor, and Pacific Title Company, as Trustee, in favor of Bank of the Pacific, as Beneficiary, dated January 24, 2008, and recorded January 30, 2008 in the Records of Clatsop County, Oregon as Instrument No. 200800799, and re-recorded on April 24, 2019, to correct scrivener’s error, in the Records of Clatsop County, Oregon as Instrument No. 201902573, covering the following described real property situated in the above-mentioned county and state, to-wit: Lot 1, Block 9, BRADBURY’S SECOND ADDITION TO OCEAN GROVE, City of Seaside, County of Clatsop, State of Oregon. TOGETHER WITH the following described property: Beginning at a point in the center of the road leading from Skipanon to Seaside, which is 11.48 chains West of the Quarter Section post on the East boundary line of Section 21, in Township 6 North, Range 10 West of the Willamette Meridian; thence running South 2-1/2° West along the center of said County Road 11.36 chains to the Southeast corner of land sold to HF. Prael by Clement Bradbury and wife by Deed recorded in Book 22 at page 600, of record of Deeds for said Clatsop County; thence continuing South 2-1/2° West 346 feet to the North- east corner of the tract herein to be conveyed; thence continuing South 2-1/2° West 50 feet; thence running West 3.50 chains, more or less, to the line of low water mark on the East bank of the Necan- icum River; thence North 31°30’ West to a point 50 feet distant at rights angles from the South line of the tract hereby conveyed, if continued due West; thence East 50 feet distant from and parallel with the South line of said tract, to the point of beginning thereof. In the City of Seaside, County of Clatsop, State of Oregon. Situs Address: 1118-1202 S. Holladay Drive, Seaside, OR 97138 Tax ID No.: 12330, 35327 Map and Tax Lot: 61021DA06900 The undersigned hereby certifies that Benjamin F. Lawrence, whose address is 427 S. Holladay Drive, Seaside, OR 97138, has been appointed as Successor Trustee, and no other appointments of succes- sor trustee have been made, except as recorded in the records of the county or counties in which the above-described real property is situated. Further, no action has been instituted to recover the debt, or any part thereof, now remaining secured by the trust deed, or, if such action has been instituted, such action has been dismissed except as permitted by ORS 86.735(4). There is a default by Grantor or other person owing an obligation, performance of which is secured by the trust deed, or by the successor in interest, with respect to provisions therein which authorize sale in the event of default of such provision. The default for which foreclosure is made is Grantor’s failure to pay the balance owing on the Note and Trust Deed when it matured and the entire balance plus interest became due and owing on January 28, 2019. Said principal balance is $225,937.36 with inter- est accruing at the contract rate in the amount of $40.00 per diem (at the rate of 6.375% per annum) from December 16, 2018. The total amount owing will also include title expenses, costs, Successor Trustee’s fees, late charges, and attorney fees incurred herein by reason of said default and any fur- ther sums advanced by the Beneficiary for the protection of the above described real property and its interest therein. Please contact the Successor Trustee for updated payoff information. Notice hereby is given that the Beneficiary and Successor Trustee, by reason of the default, have elected and do hereby elect to foreclose the trust deed by advertisement and sale pursuant to ORS 86.705 to 86.795, and to cause to be sold at public auction to the highest bidder for cash the interest in the described property which Grantor had, or had the power to convey, at the time of the execution by Grantor of the trust deed, together with any interest Grantor or Grantor’s successor in interest acquired after the execution of the trust deed, to satisfy the obligations secured by the trust deed and the ex- penses of the sale, including the compensations of the trustee as provided by law, and the reasonable fees of trustee’s attorneys. The sale will be held at the hour of 10:00 o’clock AM, in accord with the standard of time established by ORS 187.110 on Tuesday, September 17, 2019, at the following place: Parking Lot Staircase of the Clatsop County Courthouse, 749 Commercial Street, Astoria, Oregon 97103, which is the last time and date set for the sale. Other than as shown of record, neither the Beneficiary nor the Successor Trustee has any actual no- tice of any person having or claiming to have any lien upon or interest in the real property herein above described subsequent to the interest of the Successor Trustee in the trust deed, or of any successor in interest to Grantor or of any lessee or other person in possession of or occupying the property. Notice is further given that any persons named in ORS 86.778 have the right, at any time period to five days before the date last set for the sale, to have this foreclosure proceeding dismissed and the trust deed reinstated by payment to the Beneficiary of the entire amount then due (other than such portion of the principal as would not then be due had no default occurred) and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or trust deed, and in addition to paying the sums or tendering the performance necessary to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and trust deed, together with trustee’s and attorney fees not exceeding the amounts provided by ORS 86.778. Without limiting the trustee’s disclaimer of representations or warranties, Oregon law requires the trustee to state in this notice that some residential property sold at a trustee’s sale may have been used in manufacturing methamphetamines, the chemical components of which are known to be toxic. Pro- spective purchasers of residential property should be aware of this potential danger before deciding to place a bid for this property at the trustee’s sale. The Successor Trustee’s name and address is Benjamin F. Lawrence of Lawrence, Lawrence & Queener P.C., 427 S. Holladay Drive, Seaside, OR 97138, telephone number (503) 739-7200. DATES PUBLISHED: June 20 and 27, July 4 and 11, 2019. Published: June 20th, 2019 101 Legal Notices 101 Legal Notices 101 Legal Notices AB7290 TRUSTEE’S NOTICE OF SALE TS No. 144359 APN No. 52018 Reference is made to that certain trust deed made by Dorothy O. Tikka, as grantor, Northwest Trustee Services, Inc., as trustee, in favor of Golf Savings Bank, as beneficiary, dated 03/09/2007 recorded on 03/16/2007, Inst No. 200702663 in the records of Clatsop County, Oregon, covering the following described real property situated in said County and State, to wit: Lots 31, 32 and the South 25 feet of Lot 33, Tract 2, Block 10, OLNEY’S ADDITION TO ASTORIA, as laid out and recorded by Jackson G. Hustler and H.S. Aiken, as executors of the last will and testament of Cyrus Olney, deceased and as subdivided by A. H. Stone, in the City of Astoria, Clatsop County, Oregon. COMMONLY KNOWN AS: 1556 6th Street, Astoria, OR, 97103 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 as follows: There is a default by the grantor or other person owing an obligation, or by their successor-in-interest, the performance of which is secured by said trust deed with respect to provisions therein which authorize sale in the event of default of such provision; the de- fault for which foreclosure is made is due to the death of the borrower pursuant to the Note, paragraph 7 and the Deed of Trust, paragraph 9. By the reason of said default the beneficiary has declared all ob- ligations secured by said deed of trust immediately due and payable, said sums being the following, to wit: The principal sum of $139,979.09 together with the interest until paid; plus all accrued late charges thereon; servicing costs, and all trustee’s fees, foreclosure costs and any sums advanced by the bene- ficiary pursuant to the terms of said deed of trust totaling $232,702.57 as of 2/28/2019. Whereof, notice hereby is given that the undersigned trustee will on July 18, 2019 at the hour of 11:00 AM, Standard of Time, as established by Section 187.110, Oregon Revised Statutes, at the front entrance to the Clatsop County Courthouse located at 749 Commercial Street, Astoria, OR 97103, located in the City of Asto- ria, Clatsop County, 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 and expenses of sale, including a reasonable charge by the trustee). Notice is further given that any person named in Section 86.778 of Oregon 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 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 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 the sale. In construing this, the mas- culine gender includes the feminine and the successor in interest to the grantor as well as any other person owing 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 The Mortgage Law Firm, LLC. If any irregularities are discovered within 10 days of the date of this sale, the trustee will rescind the sale, return the buyer’s money and take further action as necessary. If the sale is set aside for any rea- son, including if the trustee is unable to convey title, the Purchaser at the sale shall be entitled only to a return of the monies paid to the Trustee. This shall be the Purchaser’s sole and exclusive remedy. The purchaser shall have no further recourse against the Trustor, the Trustee, the Beneficiary, the Benefi- ciary’s Agent, or the Beneficiary’s Attorney. Also, please be advised that pursuant to the terms stated on the Deed of Trust and Note, the beneficiary is allowed to conduct property inspections while there is a default. This shall serve as notice that the beneficiary shall be conducting property inspections on the referenced property. Without limiting the trustee’s disclaimer of representations or warranties, Oregon law requires the trustee to state in this notice that some residential property sold at a trustee’s sale may have been used in manufacturing methamphetamines, the chemical components of which are known to be toxic. Prospective purchasers of residential property should be aware of this potential danger before deciding to place a bid for this property at the trustee’s sale. NOTICE TO RESIDENTIAL TENANTS The property in which you are living is in foreclosure. A foreclosure sale is scheduled for July 18, 2019. The date of this sale may be postponed. Unless the lender that is foreclosing on this property is paid before the sale date, the foreclosure will go through and someone new will own this property. After the sale, the new owner is required to provide you with contact information and notice that the sale took place. The following information applies to you only if you are a bona fide tenant occupying and renting 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 bona fide residential tenant. If the foreclosure sale goes through, the new owner will have the right to require you to move out. Before the new owner can require you to move, the new owner must provide you with written no- tice that specifies the date by which you must move out. If you do not leave before the move-out date, the new owner can have the sheriff remove you from the property after a court hearing. You will receive notice of the court hearing. PROTECTION FROM EVICTION IF YOU ARE A BONA FIDE TENANT OCCUPYING AND RENTING THIS PROPERTY AS A RESIDENTIAL DWELLING, YOU HAVE THE RIGHT TO CONTINUE LIVING IN THIS PROPERTY AFTER THE FORECLOSURE SALE FOR: • 60 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE, IF YOU HAVE A FIXED TERM LEASE; OR • AT LEAST 30 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE, IF YOU HAVE A MONTH-TO-MONTH OR WEEK-TO-WEEK RENTAL AGREEMENT. If the new owner wants to move in and use this property as a primary residence, the new owner can give you written notice and require you to move out after 30 days, even though you have a fixed term lease with more than 30 days left. You must be provided with at least 30 days’ written notice after the foreclosure sale before you can be required to move. A bona fide tenant is a residen- tial tenant who is not the borrower (property owner) or a child, spouse or parent of the borrower, and whose rental agreement: • Is the result of an arm’s-length transaction; • Requires the payment of rent that is not substantially less than fair market rent for the property, unless the rent is reduced or sub- sidized due to a federal, state or local subsidy; and • Was entered into prior to the date of the foreclo- sure sale. ABOUT YOUR TENANCY BETWEEN NOW AND THE FORECLOSURE SALE: RENT YOU SHOULD CONTINUE TO PAY RENT TO YOUR LANDLORD UNTIL THE PROPERTY IS SOLD OR UNTIL A COURT TELLS YOU OTHERWISE. IF YOU DO NOT PAY RENT, YOU CAN BE EVICTED. BE SURE TO KEEP PROOF OF ANY PAYMENTS YOU MAKE. SECURITY DEPOSIT You may apply your security deposit and any rent you paid in advance against the current rent you owe your landlord as provided in ORS 90.367. 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 FORECLO- SURE SALE The new owner that 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 after 30 or 60 days. After the sale, you should receive a written notice informing you that the sale took place and giving you the new owner’s name and contact information. You should contact the new owner if you would like to stay. If the new owner 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 new owner be- comes your new landlord and must maintain the property. Otherwise: • You do not owe rent; • The new owner is not your landlord and is not responsible for maintaining the property on your behalf; and • You must move out by the date the new owner specifies in a notice to you. The new owner may offer to pay your moving expenses and any other costs or amounts you and the new owner agree on in exchange for your agreement to leave the premises in less than 30 or 60 days. You should speak with a lawyer to fully understand your rights before making any decisions regarding your tenancy. IT IS UNLAWFUL FOR ANY PERSON TO TRY TO FORCE YOU TO LEAVE YOUR DWELLING UNIT WITHOUT FIRST GIVING YOU WRITTEN NOTICE AND GOING TO COURT TO EVICT YOU. FOR MORE INFORMA- TION ABOUT YOUR RIGHTS, YOU SHOULD CONSULT A LAWYER. If you believe you need legal as- sistance, 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. OREGON STATE BAR, 16037 S.W. Upper Boones Ferry Road, Tigard Oregon 97224, Phone (503) 620-0222, Toll-free 1-800-452-8260 Website: http://www.oregonlawhelp.org The Fair Debt Collection Practices Act requires that we state the follow- ing: this is an attempt to collect, and any information obtained will be used for that purpose. If a dis- charge has been obtained by any party through bankruptcy proceedings: This shall not be construed to be an attempt to collect the outstanding indebtedness or hold you personally liable for the debt. This letter is intended to exercise the note holders right’s against the real property only. The Succes- sor Trustee, The Mortgage Law Firm, LLC, has authorized the undersigned attorney to execute the document on the Successor Trustee’s behalf as allowed under ORS 86.713(8). Dated: February 28, 2019 The Mortgage Law Firm, LLC Carrie Majors-Staab, OSB#980785 The Mortgage Law Firm, LLC 121 SW Salmon St; Suite 1100 Portland, OR 97204 A-4686927 06/06/2019, 06/13/2019, 06/20/2019, 06/27/2019 Published: June 6, 13, 20, and 27, 2019. Let your pockets “jingle” with extra cash from The Astorian classifieds. If you live in Seaside or Cannon Beach, call 503-325-3211 to place a The Astorian classified ad. Let your pockets “jingle” with extra cash from The Daily Astorian classifieds.
