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About Polk County itemizer observer. (Dallas, Or) 1992-current | View Entire Issue (Sept. 2, 2015)
Polk County Itemizer-Observer • September 2, 2015 11A Polk County News TRUSTEE’S NOTICE OF SALE Reference is made to that certain trust deed made by John Carroll, as grantor, to AmeriTitle, as trustee, in favor of ROKAB Investments, LLC, as beneficiary, dated May 13, 2013, recorded on May 17, 2013, in the Records of Polk County, Oregon, in instrument No. 2013-005388, covering the following described real prop- erty situated in that county and state, to-wit: Lot 6, Block 4, LEVEN’S FIRST ADDITION TO THE TOWN (NOW CITY) OF DAL- LAS, in the County of Polk, State of Oregon. Both the beneficiary and the trustee have elected to sell the real property to satisfy the ob- ligations secured by the trust deed and a notice of default has been recorded pursuant to Oregon Revised Statutes 86.735(3); the default for which the foreclosure is made in grantor’s failure to pay when due the following sums: $260,000.00 By reason of the default just described, the beneficiary has declared all sums owing on the obligation secured by the trust deed immediately due and payable, those sums being the following, to-wit: Principal in the amount of $260,000.00 and as of Decem- ber 31, 2014 the sum of $19,484.47 for costs, fees and interest; plus interest at a per diem rate of $86.67 and default interest at a per diem rate of $36.11 from December 31, 2014 until paid; plus attorney fees and costs. WHEREFORE, notice is hereby given that the under- signed trustee will on Novem- ber 13, 2015, at the hour of ten o’clock, A.M., in accord with the standard of time estab- lished by ORS 187.110, at the front steps of the Polk County Courthouse in the City of Dal- las, County of Polk, State of Oregon, sell at public auction to the highest bidder for cash the interest in the real property described above which the grantor had or had power to convey at the time of the exe- cution by grantor of the trust deed together with any interest which the grantor or grantor’s successors in interest ac- quired after the execution of the trust deed, to satisfy the foregoing obligations thereby secured and the costs and ex- penses of the sale, including a reasonable charge by the trustee. Notice is further given that any person named in ORS 86.753 has the right, at any time prior to five days before the date last set for the sale, to have this foreclosure proceed- ing 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 com- plained of herein that is capa- ble of being cured by tender- ing the performance required under the obligation or trust deed, and in addition to paying those sums or tendering the performance necessary to cure the default, by paying all costs and expenses actually incurred in enforcing the obli- gation and trust deed, together with trustee and attorney fees not exceeding the amounts provided by ORS 86.753. In construing this notice, the singular includes the plu- ral, the word “grantor” includes any successor in interest to the grantor as well as any other person owing an obliga- tion, the performance of which is secured by the trust deed, and the words “trustee” and “beneficiary” include their re- spective successors in inter- est, if any. DATED 6/29/2015 Michael T. Davis OSB 133421, Trustee 12220 SW First Street Beaverton, Oregon 97005 (503) 644-9000 I certify that I am the attor- ney or one of the attorneys for the above named trustee and that the foregoing is a com- plete and exact copy of the original trustee’s notice of sale. Michael T. Davis Attorney for Trustee SERVE: 1. John Carroll 984 SW Levens Street Dallas, OR 97338 2. Occupants 984 SW Levens Street Dallas, OR 97338 NOTICE: YOU ARE IN DANGER OF LOSING YOUR PROPERTY IF YOU DO NOT TAKE ACTION IMMEDIATELY This notice is about your loan on your property at: Lot 6, Block 4, LEVEN’S FIRST ADDITION TO THE TOWN (NOW CITY) OF DAL- LAS, in the County of Polk, State of Oregon. Your lender has decided to sell this property because the money due on the loan has not been paid on time or because you have failed to fulfill some other obligation to your lender. This is sometimes called 'fore- closure'. The amount you would have had to pay as of December 31, 2014 to bring your mortgage loan current was $260,000.00, and the sum of $19,484.47 for costs, fees and interest. The amount you must now pay to bring your loan current may have increased since that date. By law, your lender has to provide you with details about the amount you owe, if you ask. You may call (503) 644- 9000 to find out the exact amount you must pay to bring your loan current and to get other details about the amount you owe. You may also get these details by sending a re- quest by certified mail to: Michael T. Davis Davis Galm Law Firm 12220 SW First Street Beaverton, OR 97005 THIS IS WHEN AND WHERE YOUR PROPERTY WILL BE SOLD IF YOU DO NOT TAKE ACTION: Date and Time: November 13, 2015 at 10:00am Place: at the front steps of the Polk County Courthouse 850 Main Street Dallas, OR 97338, County of Polk THIS IS WHAT YOU CAN DO TO STOP THE SALE 1. You can pay the amount past due or correct any other default, up to five (5) days be- fore the sale. 2. You can refinance or oth- erwise pay off the loan in full anytime before the sale. 3. You can call Michael T. Davis at (503) 644-9000 to find out if your lender is willing to give you more time or change the terms of your loan. 4. You can sell your home, provided the sale price is enough to pay what you owe. There are government agen- cies and nonprofit organiza- tions that can give you infor- mation about foreclosure and help you decide what to do. For the name and telephone number of an organization near you, please call the statewide telephone contact number at 1-800-452-7636. You may also wish to talk to a lawyer. If you need help finding a lawyer, you may call the Ore- gon State Bar's Lawyer Refer- ral Service at 503-684-3763 or toll-free in Oregon at 1-800- 452-7636 or you may visit its website at http://www.osbar.org. Legal as- sistance may be available if you have a low income and meet federal poverty guide- lines. For more information and a directory of legal aid programs, go to http://www.oregonlaw- help.org. WARNING: You may get offer from people who tell you they can help you keep your property. You should be careful about those offers. Make sure you understand any papers you are asked to sign. If you have any questions, talk to a lawyer or one of the organiza- tions mentioned above before signing. DATED: June 29, 2015 Michael T. Davis Davis Galm Law Firm 12220 SW First Street Beaverton, OR 97005 503-644-9000 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT (FDCFA) 15 USC SECTION 1692 We are attempting to collect a debt on behalf of the benefi- ciary named in the attached Trustee's Notice of Sale (also referred to as the "creditor") and any information obtained will be used for that purpose. This debt is owed to the credi- tor in the amount described in the notice. Under some cir- cumstances, you may receive more than one copy of this no- tice. Unless you dispute the validity of this debt, or any por- tion thereof, within 30 days after your first receipt of the original or a copy of this no- tice, we will assume the debt is valid. If you notify us in writing within 30 days after your first receipt of the original or a copy of this notice that the debt, or any portion thereof, is disputed, we will obtain verifi- cation of the debt or (if appli- cable) a copy of a judgment against you and a copy of the verification or (if applicable) the judgment will be mailed to you. We will provide you with the name and address of the original creditor, if different from the creditor named above, if you notify us in writ- ing within 30 days after your receipt of the original or a copy of this notice that you re- quest such information. (Aug. 19, 26; Sept. 2, 9, 2015) NOTICE OF SHERIFF’S SALE On 09-11-15 at 10:00 a.m. at the Polk County Sheriff’s Of- fice, located at 850 Main St. Dallas, OR. 97338, the defen- dant’s interest will be sold, subject to redemption, in the real property located at 634 Jasmine Circle Independence, OR. 97351. The court case number is 13P10732, where DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE FOR RALI 2006- QS11 is plaintiff, and REUBEN V. GREENE III; and ALL OTHER PERSONS OR PARTIES UN- K N OW N C L A I M I N G A N Y RIGHT, TITLE, LIEN, OR INTER- EST IN THE REAL PROPERTY COMMONLY KNOWN AS 634 JASMINE CIRCLE, INDEPEND- ENCE, OR. 97351 is defendant. The sale is a public auction to the highest bidder for cash or cashier’s check, in hand, made out to Polk County Sheriff’s Office. For more information on this sale go to: http://ore- gonsheriffssales.org/ (Aug. 12, 19, 26; Sept. 2, 2015) NOTICE OF SHERIFF’S SALE On 09-11-15 at 10:00 a.m. at the Polk County Sheriff’s Of- fice, located at 850 Main St. Dallas, OR. 97338, the defen- dant’s interest will be sold, subject to redemption, in the real property located at 823 Cynthian Dr. SE Dallas, OR. 97338. The court case number is 14CV02797, where NATION- STAR MORTGAGE, LLC. is plaintiff, and PATRICK D. TAL- LON; TINA L. EVANS; WEB- STER BANK, NATIONAL AS- SOCIATION; SARAH J. TAL- LON; STATE OF OREGON; COUNTY TAX COLLECTOR; OCCUPANTS OF THE PROP- ERTY is defendant. The sale is a public auction to the highest bidder for cash or cashier’s check, in hand, made out to Polk County Sheriff’s Office. For more information on this sale go to: http://oregonsher- iffssales.org/ (Aug. 12, 19, 26; Sept. 2, 2015) NOTICE OF SHERIFF’S SALE On 09-11-15 at 10:00 a.m. at the Polk County Sheriff’s Of- fice, located at 850 Main St. Dallas, OR. 97338, the defen- dant’s interest will be sold, subject to redemption, in the real property located at 543 Orchard Dr. Dallas, OR. 97338. The court case number is 14CV03263, where NATION- STAR MORTGAGE, LLC. is plaintiff, and RODGER SNIDER aka RODGER L. SNIDER; TINA SNIDER aka TINA C. SNIDER; U.S. BANK NATIONAL ASSO- CIATION N.D.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; LEHMAN B R OT H E R S BA N K , F S B ; STATE OF OREGON; CAPITAL ONE BANK (USA), N.A.; OC- CUPANTS OF THE PROPERTY is defendant. The sale is a public auction to the highest bidder for cash or cashier’s check, in hand, made out to Polk County Sheriff’s Office. For more information on this sale go to: http://oregonsher- iffssales.org/ (Aug. 12, 19, 26; Sept. 2, 2015) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF POLK Probate Department In the Matter of the Estate of, JEAN M. MANEGRE, Deceased Case No.: 15PB03124 NOTICE TO INTERESTED PERSONS NOTICE IS HEREBY GIVEN that Linda S. Sedlock has been appointed Personal Rep- resentative of the above-cap- tioned Estate. All persons hav- ing claims against the Estate are required to present them, with vouchers attached, to the Personal Representative in care of the undersigned attor- ney for the Personal Repre- sentative at 841 Saginaw Street S., PO Box 741, Salem, OR 97308, within four months after the date of first publica- tion of this Notice, or the claims may be barred. All persons whose rights may be affected by the pro- ceeding in this Estate may ob- tain additional information from the records of the Court, the Personal Representative, or the attorneys for the Per- sonal Representative. DATED this 10th day of Au- gust, 2015. Con P. Lynch, OSB #832779 Attorney for the Personal Representative Date first published August 19, 2015 Personal Representative: Linda S. Sedlock 1404 35th Avenue NW Salem, OR 97304 (503) 370-7331 Attorney for Personal Representative: Con P. Lynch, OSB #832779 PO Box 741 Salem, OR 97308 (503) 378-1048 Facsimile: (503) 371-2959 Email: conl@conlynch.com (Aug. 19, 26; Sept. 2, 2015) NOTICE OF SHERIFF’S SALE On 09-11-15 at 10:00 a.m. at the Polk County Sheriff’s Of- fice, located at 850 Main St. Dallas, OR. 97338, the defen- dant’s interest will be sold, subject to redemption, in the real property located at 142 SW Oregon Trail Dr. Dallas, OR. 97338. The court case number is 14CV02064, where FEDERAL NATIONAL MORT- GAGE ASSOCIATION ("FAN- NIE MAE") is plaintiff, and KENLYN M. SLANE; WELLS FARGO BANK, NATIONAL AS- SOCIATION, SUCCESSOR BY MERGER TO WELLS FARGO FINANCIAL BANK; UNITED STATES OF AMERICA; OCCU- PANTS OF THE PREMISES is defendant. The sale is a public auction to the highest bidder for cash or cashier’s check, in hand, made out to Polk County Sheriff’s Office. For more in- formation on this sale go to: http://oregonsheriffssales.org/ (Aug. 12, 19, 26; Sept. 2, 2015) NOTICE OF SHERIFF’S SALE On 09-11-15 at 10:00 a.m. at the Polk County Sheriff’s Of- fice, located at 850 Main St. Dallas, OR. 97338, the defen- dant’s interest will be sold, subject to redemption, in the real property located at 911 Mule Deer Place NW Salem, OR. 97304. The court case number is 13P10510, where THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK N.A. AS TRUSTEE FOR RASC 2004- KS9, its successors in interest and/or assigns is plaintiff, and JEFFREY BROWN aka JEF- F R E Y C R A I G B ROW N ; S A M A N T H A B ROW N a k a SAMATHA BLAKE BROWN; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. SOLELY AS NOMINEE FOR HOMECOMINGS FINAN- CIAL NETWORK, INC.; OCCU- PANTS OF THE PREMISES; AND THE REAL PROPERTY LOCATED AT 911 MULE DEER PLACE NORTHWEST, SALEM, OREGON 97304 is defendant. The sale is a public auction to the highest bidder for cash or cashier’s check, in hand, made out to Polk County Sheriff’s Office. For more information on this sale go to: http://ore- gonsheriffssales.org/ (Aug. 12, 19, 26; Sept. 2, 2015) TS No. OR09000003-15-1 APN 5 6 6 8 0 9 TO N o 8 5 2 0 6 3 5 TRUSTEE'S NOTICE OF SALE Reference is made to that cer- tain Trust Deed made by, JAMES E HAND AND THERE- SA ANN HAND as Grantor to FIDELITY NATIONAL TITLE as Trustee, in favor of MORT- GAGE ELECTRONIC REGIS- TRATION SYSTEMS, INC. ("MERS"), as designated nomi- nee for PLAZA HOME MORT- GAGE INC. , Beneficiary of the security instrument, its suc- cessors and assigns, dated as of May 1, 2013 and recorded on May 7, 2013 as Instrument No. 2013-004930 of official records in the Office of the Recorder of Polk County, Ore- gon to-wit: APN: 566809 LOT 25, ORCHARD MEADOWS RE- PLATTED, IN THE CITY OF DALLAS, POLK COUNTY, STATE OF OREGON. Common- ly known as: 255 NW HOWARD LANE, DALLAS, OR 97338 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 the Grantor's failure to pay: failed to pay payments which became due Monthly Payment $1144.36 Monthly Late Charge $42.01 By this reason of said default the Ben- eficiary has declared all obli- gations secured by said Trust Deed immediately due and payable, said sums being the following, to-wit: The sum of $169,985.51 together with in- terest thereon at the rate of 4.12500% per annum from July 1, 2014 until paid; plus all ac- crued late charges thereon; and all Trustee's fees, foreclo- sure costs and any sums ad- vanced by the Beneficiary pur- suant to the terms of said Trust Deed. Wherefore, notice is hereby given that, the under- signed Trustee will on Decem- ber 4, 2015 at the hour of 11:00 AM, Standard of Time, as es- tablished by Section 187.110, Oregon Revised Statues, at the Main Street entrance to the Polk County Courthouse, 850 Main Street, Dallas, OR 97338 County of Polk, 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 ex- ecution by him of the said Trust Deed, together with any interest which the Grantor or his successors in interest ac- quired after the execution of said Trust Deed, to satisfy the foregoing obligations thereby secured and the costs and ex- penses of sale, including a rea- sonable charge by the Trustee. Notice is further given that any person named in Section 86.753 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 or at- torney's fees and curing any other default complained of in the Notice of Default by tender- ing the performance required under the obligation or Trust Deed, at any time prior to five days before the date last set for sale. Without limiting the Trustee's disclaimer of repre- sentations or warranties, Ore- gon 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 chem- ical components of which are known to be toxic. Prospective purchasers of residential prop- erty should be aware of this potential danger before decid- ing to place a bid for this prop- erty at the Trustee's sale. In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word "Grantor" includes any successor in interest to the Grantor as well as any other persons owing an obligation, the performance of which is secured by said Trust Deed, the words "Trustee" and "Ben- eficiary" includes their respec- tive successors in interest, if any. Dated: July 29, 2015 First American Title Insurance Com- pany By: Laurie P. Estrada Au- thorized Signatory First Ameri- can Title Insurance Company c/o TRUSTEE CORPS 17100 Gillette Ave, Irvine, CA 92614 949-252-8300 FOR SALE IN- FORMATION PLEASE CALL: In Source Logic at 702-659-7766 Website for Trustee's Sale In- formation: www.insourcelog- ic.com. Order No. OR15- 000056-1, Pub Dates 08/12/2015, 08/19/2015, 08/26/2015, 09/02/2015 (Aug. 12, 19, 26; Sept. 2, 2015) NOTICE OF SHERIFF’S SALE On 09-11-15 at 10:00 a.m. at the Polk County Sheriff’s Of- fice, located at 850 Main St. Dallas, OR. 97338, the defen- dant’s interest will be sold, subject to redemption, in the real property located at 458 SW Washington St. Dallas, OR. 97338. The court case number is 13P10272, where NATION- STAR MORTGAGE, LLC. is plaintiff, and ROBERT E. KAMPMANN; ARLENE KAMP- MANN; U.S. BANK, NATIONAL ASSOCIATION N.D.; AND PER- SONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT HEREIN is defendant. The sale is a public auction to the highest bidder for cash or cashier’s check, in hand, made out to Polk County Sheriff’s Office. For more infor- mation on this sale go to: http://oregonsheriffssales.org/ (Aug. 12, 19, 26; Sept. 2, 2015) NOTICE OF PUBLIC HEARING ON A LAND USE ACTION AND REQUEST FOR COMMENT The Polk County Hearings Officer will conduct a public hearing to receive public testi- mony on the following applica- tion: APPLICATION FOR:The ap- plicant is requesting authoriza- tion of Utility Facilities Neces- sary for Public Service, Flood- plain Development, and a full variance to the structural set- back standard to place a water well house structure approxi- mately nine (9) feet from a front property line. The re- quired structural setback is 30 feet. The subject property con- tains approximately 22.8 acres, and is located in the Exclusive Farm Use (EFU) Zoning Dis- trict. APPLICANT/OWNER: Perrydale Domestic Water Association FILE NUMBERS:LUD 15-17, FDP 15-06 and VAR 15-01 LOCATION: T6S, R3W, Sec- tion 29, Tax Lot 2101 REVIEW AND DECISION CRITERIA: Polk County Zoning Ordinance Sections 122.020, 122.030, 136.040(S), and 178.060. HEARING DATE & TIME: September 22, 2015 at 6:00 PM HEARING LOCATION:H e a r - ing / Conference Room, First Floor, Polk County Court- house, 850 Main Street, Dallas, Oregon 97338 STAFF CONTACT: Mark Bernard: Phone (503) 623-9237 Email: bernard.mark@co.polk.or.us Please include File Number VAR 15-01 in all correspon- dences related to this applica- tion. The location of the hearing is handicapped accessible. Please advise the Community Development Department at (503) 623-9237, in as far in ad- vance of the meeting as possi- ble, if you will need any special accommodations to attend or participate in the meeting. Any person may submit written testimony, prior to or at the public hearing, to the Polk County Community Develop- ment Department. Oral and written testimony may be pre- sented at the hearing. The hearing will be conducted in a manner, which allows testimo- ny in favor of the application, testimony in opposition to the application, general testimony, and rebuttal by the applicant. Failure of an issue to be raised in a hearing, in person or in writing, or failure to pro- vide sufficient specificity to af- ford the hearings body an op- portunity to respond to the issue, precludes appeal to the Land Use Board of Appeals on that issue. A copy of the application, all documents and evidence re- lied upon by the applicant, and applicable criteria, are avail- able for inspection at no cost and will be provided at reason- able cost. In addition, a copy of the staff report will be avail- able for inspection at no cost at least seven days prior to the hearing, and will be provided at a reasonable cost, at the Polk County Community De- velopment Department, Polk County Courthouse, 850 Main Street, Dallas, Oregon 97338; (503) 623-9237. PLEASE RETURN TO: Polk County Community Develop- ment, Polk County Court- house, 850 Main Street, Dallas, Oregon 97338. Written comments received by the Polk County Community Development Department by 5:00 PM on September 11, 2015, will be included in the staff report and recommenda- tion to the Hearings Officer. Comments received after that time, but prior to the hearing, will be provided to the Hear- ings Officer at the hearing. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS Chapter 215 re- quires that if you receive this Notice, it must promptly be for- warded to the purchaser. (Sept. 2, 2015) NOTICE OF PUBLIC HEARING ON A LAND USE ACTION AND REQUEST FOR COMMENT The Polk County Hearings Officer will conduct a public hearing to receive public testi- mony on the following applica- tion: APPLICATION FOR:The ap- plicant is requesting a full vari- ance to the structural setback standard to place a storage building for onsite commercial use approximately seven (7) feet from a side property line. The required structural set- back is 20 feet. The subject property contains approxi- mately 4.5 acres, and is locat- ed in the Northwest Polk Com- munity Commercial (NPC-C) Zoning District. APPLICANT:Salmon River Properties OWNER: Michael Souza FILE NUMBERS: VAR 15-02 LOCATION: T6S, R7W, Sec- tion 9C, Tax Lot 1400 REVIEW AND DECISION CRITERIA: Polk County Zoning Ordinance Sec- tions 122.020, and 122.030. HEARING DATE &TIME:Sep- tember 22, 2015 at 6:00 PM HEARING LOCATION:H e a r - ing / Conference Room, First Floor, Polk County Court- house, 850 Main Street, Dallas, Oregon 97338 STAFF CONTACT: Mark Bernard: Phone (503) 623-9237 Email: bernard.mark@co.polk.or.us Please include File Number VAR 15-02 in all correspon- dences related to this applica- tion. The location of the hearing is handicapped accessible. Please advise the Community Development Department at (503) 623-9237, in as far in ad- vance of the meeting as possi- ble, if you will need any special accommodations to attend or participate in the meeting. Any person may submit written testimony, prior to or at the public hearing, to the Polk County Community Develop- ment Department. Oral and written testimony may be pre- sented at the hearing. The hearing will be conducted in a manner, which allows testimo- ny in favor of the application, testimony in opposition to the application, general testimony, and rebuttal by the applicant. Failure of an issue to be raised in a hearing, in person or in writing, or failure to pro- vide sufficient specificity to af- ford the hearings body an op- portunity to respond to the issue, precludes appeal to the Land Use Board of Appeals on that issue. A copy of the application, all documents and evidence re- lied upon by the applicant, and applicable criteria, are avail- able for inspection at no cost and will be provided at reason- able cost. In addition, a copy of the staff report will be avail- able for inspection at no cost at least seven days prior to the hearing, and will be provided at a reasonable cost, at the Polk County Community De- velopment Department, Polk County Courthouse, 850 Main Street, Dallas, Oregon 97338; (503) 623-9237. PLEASE RETURN TO: Polk County Community Develop- ment, Polk County Court- house, 850 Main Street, Dallas, Oregon 97338. Written comments received by the Polk County Community Development Department by 5:00 PM on September 11, 2015, will be included in the staff report and recommenda- tion to the Hearings Officer. Comments received after that time, but prior to the hearing, will be provided to the Hear- ings Officer at the hearing. NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: ORS Chapter 215 re- quires that if you receive this Notice, it must promptly be for- warded to the purchaser. (Sept. 2, 2015) NOTICE OF LAND USE HEARING PURPOSE OF THE HEAR- INGS: The Polk County Board of Commissioners will hold a public hearing to receive testi- mony and, pursuant to ORS 197.520(1)(c), consider a one time six (6) month extension to the temporary moratorium on the establishment of marijuana facilities within unincorporated Polk County for the preserva- tion of public health, safety and welfare in order to allow the County time to complete the development and imple- mentation of land use regula- tions (LA 15-02). FILE NUMBER: LA 15-01 DATE AND TIME OF BOARD OF COMMISSIONERS HEAR- INGS:September 16, 2015 at 9:00 PM LOCATION OF BOTH HEAR- INGS: First Floor Meeting Room, Polk County Court- house, 850 Main Street, Dallas, Oregon 97338. APPLICABLE REVIEW AND DECISION CRITERIA: Polk County Zoning Ordinance Section 115.060, Oregon Re- vised Statute (ORS) 197.520 STAFF CONTACT: Austin McGuigan: (503) 623-9237 The location of the hearing is handicapped accessible. Please advise the Community Development Department at (503) 623-9237 if you will need any special accommodations to attend or participate in these meetings. The applica- ble criteria and files are avail- able for inspection at no cost and copies may be obtained at a reasonable cost. A copy of the staff report(s) will be avail- able for inspection seven days prior to each hearing. Any person desiring to speak for or against these pro- posals may do so either in per- son or by representative at the public hearings. The Board of Commissioners will receive testimony and make final local decisions on this matter. Writ- ten comments may be directed to the Planning Division of the Polk County Community De- velopment Department, 850 Main Street, Polk County Courthouse, Dallas, Oregon 97338-1922. Written testimony may be submitted prior to each hearing at the Polk Coun- ty Planning Division. Please include reference to file num- ber LA 15-01 in all correspon- dence. Oral and or written tes- timony may be rendered at the public hearing. Comments received by 5:00 PM on September 9, 2015 will be included with the staff re- port to the Board of Commis- sioners. Comments received after that time, but prior to the hearings, will be provided to the Board of Commissioners at the hearing. Failure of an issue to be raised in person or by letter, or failure to provide sufficient specificity to afford the deci- sion maker an opportunity to respond to the issue, pre- cludes an appeal to the Land Use Board of Appeals (LUBA) based on that issue. A deci- sion may be appealed to LUBA within 21 days after the mail- ing of the decision. Contact LUBA or the Polk County Plan- ning Division for LUBA appeal procedures. (Sept. 2, 2015)