Wallowa County chieftain. (Enterprise, Wallowa County, Or.) 1943-current, April 12, 2017, Page A12, Image 12

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    A12
Legals
wallowa.com
April 12, 2017
LEGAL NOTICE
Wallowa County Chieftain
LEGAL NOTICE
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LEGAL NOTICE
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LEGAL NOTICE
NOTICE OF DEFAULT AND ELECTION TO SELL
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 the Trust Deed, and the
words "Trustee" and "Beneficiary" include their respective
successors in interest, if any.
The Trust Deed encumbers the real property legally described
as follows:
Please direct all inquiries to:
Ashley McDonald, Esq.
Brownstein Rask, LLP
1200 SW Main Street
Portland, Oregon 97205-2040
(503) 412-6702
THE FAIR DEBT COLLECTION PRACTICES ACT
REQUIRES THAT WE STATE THE FOLLOWING: THIS IS AN
ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
DATED this 5th day of January, 2017.
________________________________
Joseph M. Mabe, Trustee
NOTICE REQUIRED BY THE
FAIR DEBT COLLECTION PRACTICE ACT
15 U.S.C. Section 1692
(“the Property”).
ATTENTION TRUSTORS:
The Trustee certifies:
1. You are hereby notified that JOSEPH M. MABE, Trustee is
attempting to collect a debt.
(1) The Trust Deed, any assignment of the Trust Deed by
the Trustee or Beneficiary and any appointment of successor-
trustee are recorded in the mortgage records in the county in
which the Property is located; and
(2) No action has been instituted to recover all or any part of
the debt secured by the Trust Deed;
The Trust Deed and the obligations secured by the Trust Deed
are in default for: (a) failure to pay when due, interest
payments, late fees and attorneys fees due on and after
November 9, 2016; and (d) failure to remove liens or
encumbrances against the Property. Because of the default,
the Beneficiary has declared all amounts to be immediately
due and payable, including the Grantor’s promissory note to
Beneficiary dated July 9, 2016, in the principal amount of
$600,000.00, with a balance due as follows:
(1) The sum of $676,197.67; and
(2) Interest from January 1, 2017, until paid at the rate of
12% per annum, on all amounts due; and
(3) Trustee’s fees, attorney’s fees, foreclosure costs, sums
required for protection of the property, and additional sums
secured by the Trust Deed.
NOTICE
By reason of the default, the Beneficiary and the Trustee have
elected to foreclose the Trust Deed by advertisement and sale
pursuant to ORS 86.705 to 86.795. At public auction, the
Trustee shall sell to the highest bidder for cash the interest in
the Property which the 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
successors in interest acquired after the execution of the Trust
Deed, to satisfy the debt secured by the Trust Deed and the
expenses of the sale, including the compensation of the
Trustee as provided by law, and the reasonable fees of
Trustee's attorneys.
The sale will be held at the hour of 10:30 a.m., on May 30,
2017, at the following place: front steps of the Wallowa
County Courthouse at 101 S River Street, Enterprise,
Oregon.
NOTICE OF RIGHT TO CURE
Any person named in ORS 86.753 has the right, at any time
prior to five (5) days before the date last set for the sale, to
have this foreclosure proceeding dismissed and the Trust Deed
reinstated by doing all of the following:
(1) Paying the Beneficiary the entire amount due;
(2) Curing any other default complained of herein that is
capable of being cured by tendering the performance required
under the Note or Trust Deed; and
(3) Paying all costs and expenses actually incurred in
enforcing the Note and Trust Deed, together with Trustee’s and
attorney's fees not exceeding the amounts provided by
ORS 86.753.
PUBLIC NOTICE
The Board of Directors of the Wallowa Education Service
District will hold their regular meeting and Budget Hearing
meeting on Monday, April 17, 2017 at 5:30 P.M. in the ESD
Board Room. A copy of the agenda may be obtained at the
Education Service District office at 107 SW First Street #105 in
Enterprise.
LEGAL NOTICE
NOTICE OF MEETING
A public meeting of the Wallowa County Compensation
Committee will be held on APRIL 18, 2017.  The meeting will
be held in the Thornton Conference Room of the Wallowa
County Courthouse at 8:00am.  The purpose of the meeting is
to make recommendations on elected official compensation to
the Wallowa County Commission.
--- CONTINUED ---
Reference is made to that certain trust deed made by Indian
Ridge I, LLC, as Grantor, to Wallowa Title Company, as
Trustee, in favor of Estate of Mary Hayes, dated October 3,
2016, recorded October 14, 2016, in the mortgage records of
Wallowa County, Oregon, as Doc. No. 00075420 (the "Trust
Deed"), which was assigned to Joseph Properties I, LLC by
Assignment of Note and Trust Deed, dated November 8, 2016,
recorded November 10, 2016, in the mortgage records of
Wallowa County, Oregon, as Doc. No. 00075541. An
Appointment of Successor Trustee appointing Joseph M.
Mabe, Esq., Successor Trustee (hereinafter referred to as the
“Trustee”) dated January 5th, 2017, was recorded on January
20, 2017, in the mortgage records of Wallowa County, Oregon,
as Doc. No. 2017-75813. An Amended Appointment of
Successor Trustee dated March 13, 2017, was recorded on
March 24, 2017, in the mortgage records of Wallowa County,
Oregon, as Doc. 00076164.
Three tracts of land situated in the SW¼SE¼, Section 30 and
the W½E¼, Section 31, Township 2 South, Range 45 East of
the Willamette Meridian, Wallowa County, Oregon designated
as PARCELS 1, 2 AND 3 on Minor Partition Plat No. 2016-
75016 (being a replat of Parcels 1 and 3 of Minor Partition No.
2011-66222), on file and of record in the Office of the County
Clerk of said County and State
LEGAL NOTICE
2. As of January 1, 2017, you owed $676,197.67. Because of
interest, late
charges and other charges that may vary from day to day, or
may apply only upon payoff, the amount due on the date you
pay may be greater. Hence if you pay the amount shown
above, an adjustment may be necessary after we receive your
check, in which event we will inform you before depositing the
check for collection.
3. The original creditor to whom the debt is/was owed is
Joseph Properties I, LLC.
4. The debt will be assumed to be valid by JOSEPH M. MABE,
Trustee unless
WITHIN THIRTY DAYS AFTER THE RECEIPT OF THIS
NOTICE, you dispute the validity of the debt or some portion
thereof.
5. If you notify JOSEPH M. MABE, Trustee within thirty days
after the receipt of this Notice that the debt or any portion
thereof is disputed, JOSEPH M. MABE, Trustee will provide a
verification of the debt, and a copy of the verification will be
mailed to you by JOSEPH M. MABE, Trustee. In attempting to
collect the debt, any information obtained will be used for the
purpose.
6. If the current creditor is not the original creditor, and if you
make a request to JOSEPH M. MABE, Trustee within thirty
days after receipt of this Notice, the name and address of the
original creditor will be mailed to you by JOSEPH M. MABE,
Trustee.
LEGAL NOTICE
NOTICE OF BUDGET COMMITTEE MEETING
A public meeting of the Budget Committee of Wallowa County,
State of Oregon, to discuss the budget for the fiscal year
beginning July 1, 2017 will be held at the Wallowa County
Courthouse, 101 S. River Street, Enterprise, Oregon. The
meeting will take place on the 18th day of April, 2017 at
9:00am. The purpose of the meeting is to receive the budget
message and to receive public comment.
A copy of the document may be inspected or obtained on or
after April 18th, 2017 at the office of the Wallowa County
Administrative Services Director at the above address between
the hours of 8:30 am and 4:30 pm Monday thru Thursday.
This is a public meeting where deliberation of the Budget
Committee will take place. Any person may appear at this
meeting and discuss the proposed budget with the Budget
Committee.
LEGAL NOTICE
NOTICE TO INTERESTED PERSONS
Mallory C. Villa has been appointed Personal Representative
(hereafter PR) of the Estate of Farrell Dean Garrett,
deceased, Probate No. 17PB02531, Wallowa County Circuit
Court, State of Oregon. All persons whose rights may be
affected by the proceeding may obtain additional information
from the court records, the PR, or the attorney for the PR. All
persons having claims against the estate must present them to
the PR at:
J. Logan Joseph, Attorney for PR
STEVEN J. JOSEPH, P.C.
P.O. Box 3230
901 Washington Avenue
La Grande, OR 97850
(541) 963-4901, within four months after the date of first
publication of this notice or they may be barred.
Date of first publication: April 12, 2017
LEGAL NOTICE
PUBLIC NOTICE
ORS 545.025(6)
Notice is hereby given that a hearing on the formation of an
irrigation district under the provisions of ORS Chapter 545 will
be held before the Wallowa County Board of Commissioners in
the Thornton Conference Room of the Wallowa County
Courthouse, 101 S River Street, Enterprise, OR 97828, on April
17, 2017 at 10:00am. The name of the proposed irrigation
district is "Wallowa Lake Irrigation District." The boundaries of
the proposed district are set out on the map that accompanies
this notice. The purpose for which the irrigation district is being
formed is to provide for the betterment of irrigation works that
serve the lands within the boundaries of the proposed district.
All interested parties may appear and be heard at the hearing.
Meeting and hearings are open to the public. Those interested
in attending are encouraged to do so. Questions, please
contact the Wallowa County Board of Commissioners office at
426-4543, ext. 130.
7. Written and/or verbal requests may be made to and further
information can be obtained from:
JOSEPH M. MABE, Trustee
Attn: Ashley McDonald, Esq.
1200 SW Main Street
Portland, OR 97205-2040
(503) 221-1772
SERVICEMEMBERS CIVIL RELIEF ACT NOTIFICATION
If you are on active duty in the armed services, or the
dependent of such a person, and you believe that you are
entitled to protections afforded under the Soldiers’ and Sailors’
Relief Act, please contact the undersigned immediately.
Failure to do so may result in loss of your rights, if any, under
the Act. To facilitate follow-up to any response to this notice,
please make any response in writing and describe the circum-
stances which you believe cause you to be entitled under the
Act.
If you have any questions about the applicability of the
Soldiers’ and Sailors’ Relief Act, you should contact a lawyer
immediately. The undersigned cannot provide you legal
advice.
JOSEPH M. MABE, Trustee
1200 SW Main Street
Portland, OR 97205-2040
(503) 221-1772
LEGALS CONTINUE ON
PAGES 8A & 11A