A16
NEWS
Wallowa County Chieftain
101 Legal Notices
101 Legal Notices
Wednesday, February 13, 2019
101 Legal Notices
TRUSTEE’S NOTICE OF SALE
NOTICE OF DEFAULT AND ELECTION TO SELL
REFERENCE IS MADE to that certain Deed of Trust (the “Trust Deed”) recorded on July 18,
2007 as Document No. 07-58087 in the records of Wallowa County, Oregon by and among
Sam P. Russell, as the Grantor, Wallowa Title Company as the Trustee and Community Bank,
a banking corporation, as the Beneficiary.
Property address: 303 E First Street, Joseph, Oregon 97846.
The undersigned successor trustee, Bennett H. Goldstein, hereby certifies that (i) no assign-
ments of the Trust Deed by the trustee or the beneficiary and no appointments of successor
trustee have been made, except as recorded in the official records of the county or counties
in which the above-referenced real property is situated, and including specifically the appoint-
ment of Bennett H. Goldstein, attorney, as successor trustee, and (ii) no action has been
commenced or is pending to recover the debt or any part of it now remaining which is secured
by the Trust Deed.
The beneficiary has elected to sell the real property described above to satisfy the obligations
secured by the Trust Deed. Pursuant to ORS 86.752(3), a Notice of Default and Election to
Sell was recorded on November 28, 2018 in the records of Wallowa County, Oregon as Doc-
ument No. 2018-79228.
There are presently one or more defaults by the grantor owing an obligation, the performance
of which is secured by the Trust Deed, with respect to provisions in the Trust Deed which au-
thorize sale in the event of default under such provisions. The defaults for which foreclosure
is made are grantor’s failure to pay the installments due under a credit agreement of July 12,
2007 in the original principal sum of $26,000.00 between grantor as debtor and beneficiary as
creditor, specifically including without limitation the failure to make installment payments from
and after October 1, 2018.
By reason of such defaults, the beneficiary has declared and hereby does declare all sums
owing on the obligations secured by the Trust Deed immediately due and payable. Such sums
are as follows:
$ 24,644.61
Principal:
Interest to 11/19 /18
$ 323.97
Late charges through 11/19/18:
$
20.54
Foreclosure guarantee:
$ 200.00
Per diem interest from and
$4.10
after 11/19/18:
Attorneys’ fees, costs and other sums necessary to protect
vided by law and contract.
beneficiary’s interests as pro-
WHEREFORE, notice is hereby given that the undersigned successor trustee will on April 12,
2019, at the hour of 10:00 a.m., in accordance with the standard of time established by ORS
187.110, on the front steps of the Wallowa County Courthouse, 101 S. River Street, in the
City of Enterprise, County of Wallowa, Oregon, sell at public auction to the highest bidder for
cash the interest in the above-described real property which grantor had, or had the power to
convey, at the time of the execution by the 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 expenses of the sale, including the
compensation due to the successor trustee as provided by law, and the reasonable fees of the
attorneys for the successor trustee.
NOTICE IS FURTHER GIVEN that reinstatement or payoff quotes requested pursuant to ORS
86.786 and ORS 86.789 must be timely communicated in a written request that complies with
that statute, addressed to the trustee either by personal delivery to the trustee’s physical offic-
es at 1132 SW 19th Avenue, No. 106, Portland, OR 97205 or by first class, certified mail, return
receipt requested, addressed to the trustee’s address set forth in this notice. Due to potential
conflicts with federal law, persons having no record legal or equitable interest in the subject
property will only receive information concerning the lender’s estimated or actual bid.
NOTICE IS FURTHER GIVEN, pursuant to ORS 86.786, that not later than 15 days before
the date of a sale of property set forth in the notice of sale under ORS 86.771, the grantor, an
occupant, a holder of a junior lien or any other person interested in bidding at the sale may
send a written request to the trustee requesting that the trustee provide a written statement
of information as described in ORS 86.789. The written request shall be sent to the trustee
at 1132 SW 19th Ave., No. 106, Portland, Oregon 97205 by: (a) certified mail, return receipt
requested; or (b) personal delivery. The written request shall include a mailing address, a
facsimile number or an electronic mail address to which the trustee shall send the written
statement of information. The trustee is not required to respond to a written request that does
not include an address, facsimile number or electronic mail address described above. Upon
receiving the written request the trustee shall send the written statement of information to the
address, facsimile number or electronic mail address provided in the written request at least
seven days prior to the date of the sale. If the person requesting the written statement of infor-
mation provided a mailing address, the trustee shall send the written statement of information
by certified mail, return receipt requested and by first class mail.
NOTICE IS FURTHER GIVEN that 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 the foreclosure proceeding ter-
minated 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 described herein if such default is capable of cure by tendering
the performance required under the Trust Deed and the obligation secured by the Trust Deed,
plus payment of all costs and expenses actually incurred in enforcing the Trust Deed and the
obligation it secures and all fees of the successor trustee and of attorneys as provided by ORS
86.753. Requests from persons named in ORS 86.778 for reinstatement quotes received less
than six days prior to the date set for the trustee’s sale will be honored only at the discretion of
the beneficiary or if required by the terms of the loan documents.
In construing this notice, the singular includes the plural, the word “grantor” includes any suc-
cessor in interest to the grantor as well as any other person owing an obligation, the perfor-
mance of which is secured by said trust deed, and the words “trustee” and “beneficiary” include
their respective successors in interest, if any.
Other than as shown of record, neither the beneficiary nor the successor trustee has any actual
notice of (i) any person having or claiming to have any lien upon or interest in the real property
described herein subsequent to the interest of the trustee, the grantor, or any successor in
interest to either of them, or (ii) any lessee or person, other than grantor, in possession of or
occupying the real 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 po-
tential danger before deciding to place a bid for this property at the trustee’s sale.
Date: December 3, 2018.
/s/ Bennett H. Goldstein
Bennett H. Goldstein, Successor Trustee
ss.
STATE OF OREGON
County of Multnomah
The undersigned hereby certifies that he is the successor trustee named above and that the
foregoing is a duplicate original of the Trustee’s Notice of Sale.
Bennett H. Goldstein, Successor Trustee
Direct inquires to:
Bennett H. Goldstein, Successor Trustee
1132 SW 19th Ave., No. 106
Portland, Oregon 97205
Email: bhgoldatty@comcast.net
Telephone: (503) 294-0940
Telecopy: (503) 294-7918
OK THEATRE
Some high points in a
storied 100-year history
By Ellen Morris Bishop
Wallowa County Chieftain
The beneficiary, by reason of the foregoing defaults, has elected to, and hereby does 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 above-de-
scribed real property which grantor had, or had the power to convey, at the time of the execu-
tion by the 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 expenses of the sale, including the compensation due to the successor
trustee as provided by law, and the reasonable fees of the attorneys for the successor trustee.
/s/ Bennett H. Goldstein
Ellen Morris Bishop
Lorri Fischer’s fourth and fifth grade class honoring storied OK Theatre over decades past.
Enterprise’s OK Theatre
is 100 years old this year.
Conceived and completed
in 1918, the theatre’s open-
ing was delayed until Sat-
urday, Jan. 25, 1919 by the
threat of global influenza
epidemic. The theatre began
with silent films, that stared
such legends as John Bar-
rymore and Mary Pickford.
“Talkies” appeared on the
screen in 1929. The theatre
closed, sold, and reopened
several times, operating
from 1933 to 1981 as the
“Vista Theatre”. Today,
owned and operated by
Darrell and Christi Brann,
the newly refurbished OK
is on the register of National
Historic Places and offers
live performances of both
local and legendary musi-
cians and bands.
• A.
Hackbarth
announces the construction
of the theatre in July 1918.
The theatre would fea-
ture a new concept in mod-
ern movie houses adapted
from the East Coast: a
sloping floor that would
allow everyone in the the-
atre to have a good view
of the screen. Other mod-
ern touches included five
safety exits and steam heat.
John Oberg, builder of the
Enterprise City Library,
won the contract for car-
pentry construction and
Samuel Haworth was hired
for masonry work. The-
atre seats were modern, and
imported from Chicago.
• October 6, 1918: A.
Hackbarth names the new
theatre he is building on
Main Street the “OK The-
atre.” J.A. Van Wie from
Portland will be the man-
ager. He arranges for add-
ing mural decorations to the
walls, which “will make the
auditorium very bright and
attractive.”
• December
1918,
Theatre is completed, but
opening banned due to the
influenza pandemic. The
Chieftain reports that while
waiting for the day they
could open, manager Van
Wie “…completed murals,
finished the wiring and
installed the chairs and the
“picture machines”.
• January 25, 1919:
Brand new OK Theatre
opens after 6 week delay
due to influenza pandemic.
Offers two silent movie
shows daily at 7:15 and
9 PM, with admission 25
cents for adults and 15 cents
for children. First movie:
“The Law of the North”
starring Charles Ray. The
movie promises “dramatic
action and thrills!” On
opening night, local phy-
sician Dr. Charles Ault
instructs patrons to sit one
or two seats apart to avoid
spreading any remaining
influenza pathogens.
• February 6, 1919: OK
Theatre petitions to show
movies on Sunday after-
noon. City Council balks,
seeking input and com-
ments from public, then
finally relents.
• In September 1929,
the first talking mov-
ies debut at the OK The-
atre with the R.K.O. pic-
ture “Street Girl.” Shows
to a sold-out audience.
The “Music is reproduced
beautifully and the spoken
word can generally be dis-
tinguished,” the Chieftain
reported on Sept. 19.
• 1933: OK Theatre
renamed the Vista Theatre.
Continues as primarily a
movie theatre.
• 1981: Russell Ford
purchases theatre, restores
its original name.
• March, 2003: OK
Theatre gets new seats!
Shabby old seats are
replaced by comfortable
modern ones, “complete
with cup holders.” Acousti-
cal insulation is added to the
walls, and covered by drap-
ery retrieved from a bank-
rupt movie theater in Walla
Walla
Joseph’s own weather station
By Ellen Morris Bishop
Wallowa County Chieftain
If this winter has seemed
colder than usual, you’re
right, according to Scott
Hampton and his weather
station in Joseph. Since he
began keeping records in
1997, Hampton’s lowest
reading was -21.5 degrees
on Feb. 26, 2011. But at
2:40 a.m. last Wednesday
(Feb. 6), he recorded -17.4
degrees, with a wind-chill
of -28 degrees F. Not quite
a record, but close.
“Even though we had
some really beautiful
weather that spoiled us
for awhile, it’s turned cold
recently,” Hampton said.
“And we had a pretty good
stretch of cold weather in
December. We had our
below zero that we usually
have in January back in
December, and now we’ve
got this cold weather snap.
It’s pretty rare that we have
what we had on Febru-
ary 6: 17 below zero, and
28 below zero with wind
chill.”
Hampton began track-
ing weather here in 1997.
His work in the military
and in wild land firefight-
ing aroused an interest in
tracking and understand-
ing weather conditions. In
2001 he began sharing his
local information through
his website, Joseph Oregon
Weather (www.josephore-
gonweather.com).
The
Pendleton NOAA station
gets its data for Joseph
from Hampton’s weather
station.
The site now includes
pages on earthquakes,
lunar phases, and local
weather conditions at
Enterprise, Lostine, Wal-
lowa, Troy, Imnaha, and
Salt Creek Summit. You’ll
find links to sites at Aner-
oid Lake and Mount How-
ard with daily updates on
snowpack, and tempera-
tures. There are graphs that
depict Joseph tempera-
tures, wind, and precipi-
tation for the past 48 and
72 hours. In the summer,
when thunderstorms loom,
you can check the site’s
Lightning Strike page for
lightning strike locations.
The video cameras are
perhaps the most popular
feature of Hampton’s site.
“ I’ve had pilots tell me
that they always checked
my site, and especially the
photos, when they were
flying into Joseph,” he
said. The images update
every minute, and Hamp-
ton strings them into a
time-lapse look at daily
weather. It’s a great way
to watch weather systems
move across the upper
valley.
What’s his prediction
for this winter? Pretty
much in accord with the
NRCS’s
sophisticated
hydrologic models.
“Every winter’s going
to be a little different,”
Hampton said. “My feel
for this year vs past years,
is that we’ll be below aver-
age on snow for the valley
overall. In the mountains?
A little below average for
snowfall depths, but pretty
much average on the mois-
ture, maybe a little above.”
Joseph Oregon Weather
is at www.josephoregon-
weather.com
EDITOR’S CORRECTION
Correction:
Last
weeks edition of the
Wallowa County Chief-
tain ran an article from
one of our syndicated
publications that con-
tained some factual mis-
representations that need
to be addressed. The
article initially repre-
sented that the Oregon
State Parks and the Con-
federated Tribes of the
Umatilla Indian Reser-
vation participated in the
deal. We have since been
informed that the Nez
Perce Tribe and the Con-
federated Colville Tribes
also participated equally
in the transaction and
should not have been left
out. We apologize for
the misrepresentation.