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About Polk County itemizer observer. (Dallas, Or) 1992-current | View Entire Issue (Feb. 3, 2016)
Polk County News IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF POLK In the Matter of the Marriage of: MARYA DANIELS-ANNACHI Petitioner, and SURESH ANNACHI Respondent. Case No.: 16DR 00850 SUMMONS-DOMESTIC RELATIONS TO: SURESH ANNACHI: YOU ARE HEREBY NOTIFIED that Marya Daniels-Annachi has filed for the dissolution of your marriage. IF YOU HAVE ANY OBJEC- TION, IT IS HEREBY OR- DERED that you file an answer in writing in the above-entitled Court within (30) days of the first date of posting, the first date of posting being Febru- ary 3, 2016. If you fail to do so the Petitioner will apply to the court for relief demanded in the Petition. No hearing will be set unless objections are filed. NOTICE TO THE RESPONDENT: READ THESE PAPERS CAREFULLY You must "appear" in this case or the other side will win automatically. To "appear", you must file with the court a legal paper called a "motion" or "answer". The "motion" or "answer" must be given to the court clerk or administrator within 30 days along with the required filing fee. It must be in proper form and have proof of service on the petitioner's attorney or, if the petitioner does not have an attorney, proof of service upon the peti- tioner. If you have any questions, you should see an attorney immediately. If you need help in finding an attorney, you may call the Oregon State Bar's Lawyer Referral Service toll- free in Oregon at (800) 452- 7636 or at (503) 684-3763(in the Portland metropolitan area)or online at www.oregon- statebar.org or elsewhere in Oregon at (800) 452-7636. Lori A. Jenkins, OSB #85442 Attorney for Petitioner: 1265 Waller St SE, Salem Or 97302 Phone #503.363.5335 (Feb. 3, 10, 17, 24, 2016) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF POLK EQUICREDIT CORPORATION OF AMERICA, Plaintiff, v. THE UNKNOWN HEIRS AND DEVISEES OF MURIEL J. LEWIS; RUSSEL ALAN LEWIS; ELIZABETH LEWIS; OCCUPANTS OF THE PROPERTY; Defendants. Case No.: 15CV23184 SUMMONS BY PUBLICATION To: The Unknown Heirs and Devisees of Muriel J. Lewis You are hereby required to appear and defend the Com- plaint filed against you in the above entitled cause within thirty (30) days from the date of service of this summons upon you, and in case of your failure to do so, for want there- of, Plaintiff will apply to the court for the relief demanded in the Complaint. NOTICE TO DEFENDANT: READ THESE PAPERS CAREFULLY! You must "appear" in this case or the other side will win automatically. To "appear" you must file with the court a legal paper called a "motion" or "answer." The "motion" or "an- swer" (or "reply") must be given to the court clerk or ad- ministrator within 30 days of the date of first publication specified herein along with the required filing fee. It must be in proper form and have proof of service on the plaintiff's at- torney or, if the plaintiff does not have an attorney, proof of service on the plaintiff. If you have questions, you should see an attorney imme- diately. If you need help in finding an attorney, you may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon at (800) 452-7636. The relief sought in the Complaint is the foreclosure of the property located at 1622 S.W. Pioneer Drive, Willamina, OR 97396. Date of First Publication: February 3, 2016 McCarthy & Holthus, LLP s/ Amber Labrecque Amber Labrecque, OSB# 094593 920 SW 3rd Ave, 1st Floor Portland, OR 97204 Phone: (855) 809-3977 Fax: (971) 201-3202 E-mail: alabrecque@mc- carthyholthus.com Of Attorneys for Plaintiff (Feb. 3, 10, 17, 24, 2016) TS No. OR07000158-15-1 APN 0 7 5 3 2 - BA - 0 6 3 0 0 TO N o 150277066-OR-MSI TRUSTEE'S NOTICE OF SALE Reference is made to that cer- tain Trust Deed made by, AN- NETTA FAYE THOMAS as Grantor to FIRST AMERICAN TITLE INSURANCE COMPANY as Trustee, in favor of dated as of January 2, 2015 and record- ed on January 6, 2015 as In- strument No. 2015-000106 and the beneficial interest was as- signed to Stearns Lending, LLC and recorded October 29, 2015 as Instrument Number 2015-011733 of official records in the Office of the Recorder of Polk County, Ore- gon to-wit: APN: 07532-BA- 06300 LOT 24, BLOCK 2, RIVERWEST, IN THE CITY OF DALLAS, POLK COUNTY, OREGON. (PLAT VOLUME 8, PAGE 26) Commonly known as: 556 SW RIVERDALE COURT, DALLAS, OR 97338- 1341 Both the Beneficiary, Stearns Lending, LLC, and the Trustee, Nathan F. Smith, Esq., OSB #120112, have elected to sell the said real property to satisfy the obligations se- cured by said Trust Deed and notice has been recorded pur- suant to Section 86.735(3) of Oregon Revised Statutes. The default for which the foreclo- sure is made is the Grantor's failure to pay: failed to pay payments which became due Monthly Payment(s): 8 Month- ly Payment(s) from 06/01/2015 to 01/01/2016 at $1,108.40 Total Monthly Late Charge(s): $221.70 By this reason of said default the Beneficiary has declared all obligations se- cured by said Trust Deed im- mediately due and payable, said sums being the follow- ing, to-wit: The sum of $161,634.99 together with in- terest thereon at the rate of 3.50000% per annum from May 1, 2015 until paid; plus all accrued late charges thereon; and all Trustee's fees, foreclo- sure costs and any sums ad- vanced by the Beneficiary pursuant to the terms of said Trust Deed. Wherefore, notice is hereby given that, the un- dersigned Trustee will on June 7, 2016 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 prop- erty which the Grantor had or had power to convey at the time of the execution by him of the said Trust Deed, togeth- er with any interest which the Grantor or his successors in interest acquired after the ex- ecution of said Trust Deed, to satisfy the foregoing obliga- tions thereby secured and the costs and expenses of sale, including a reasonable charge by the Trustee. Notice is fur- ther given that any person named in Section 86.753 of Oregon Revised Statutes has the right to have the foreclo- sure 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 attorney's fees and curing any other de- fault complained of in the No- tice 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 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 manufac- turing 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 proper ty 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 suc- cessor 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 re- spective successors in inter- est, if any. Dated: 01/19/2016 By: Nathan F. Smith, Esq., OSB #120112 Successor Trustee Malcolm & Cisneros, A Law Corporation Attention: Nathan F. Smith, Esq., OSB #120112 c/o TRUSTEE CORPS 17100 Gillette Ave, Irvine, CA 92614 949-252-8300 FOR SALE INFORMATION PLEASE CALL: In Source Logic at 702- 659-7766 Website for Trustee's Sale Information: www.in- sourcelogic.com. Order No. OR16-000024-1, Pub Dates 02/03/2016, 02/10/2016, 02/17/2016, 02/24/2016 (Feb. 3, 10, 17, 24, 2016) CIRCUIT COURT OF OREGON FOR POLK COUNTY THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC., ASSET- BACKED CERTIFICATES, SERIES 2004-5, Plaintiff, vs. ANA M. RUELAS; JOSE JAIME RUELAS; ASSET ACCEPTANCE LLC; AND PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT HEREIN, Defendants. NO. 15CV29154 PLAINTIFF'S SUMMONS BY PUBLICATION TO: JOSE JAIME RUELAS, AND PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT HEREIN, IN THE NAME OF THE STATE OF OREGON: You are hereby required to appear and defend against the allegations contained in the Complaint filed against you in the above entitled proceeding within thir- ty (30) days from the date of service of this Summons upon you. If you fail to appear and defend this matter within thirty (30) days from the date of pub- lication specified herein along with the required filing fee, THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFI- Polk County Itemizer-Observer • February 3, 2016 13A CATEHOLDERS OF CWABS 2004-05 will apply to the Court for the relief demanded in the Complaint. The first date of publication is February 3, 2016. NOTICE TO DEFENDANTS: READ THESE PAPERS CAREFULLY! You must "appear" in this case or the other side will win automatically. To "appear" you must file with the court a legal paper called a "motion" or "answer." The "motion" or "an- swer" must be given to the court clerk or administrator within thirty days along with the required filing fee. It must be in proper form and have proof of service on the plain- tiff`s attorney or, if the plaintiff does not have an attorney, proof of service on the plain- tiff. IF YOU HAVE ANY QUES- TIONS, YOU SHOULD SEE AN ATTORNEY IMMEDIATELY. If you need help in finding an at- torney, you may call the Ore- gon State Bar`s Lawyer Refer- ral Service at (503) 684-3763 or toll-free in Oregon at (800) 452-7636. The object of the said ac- tion and the relief sought to be obtained therein is fully set forth in said complaint, and is briefly stated as follows: Foreclosure of a Deed of Trust/Mortgage Grantors: ANA M. RUELAS Property address: 300 TAYBIN ROAD NW, Salem, OR 97304 Publication: Itemizer-Observer DATED this 20th day of January, 2016. Brandon Smith, OSB #124584 Email: bsmith@robinsontait.com Robinson Tait, P.S. Attorneys for Plaintiff Tel: (206) 676-9640 Fax: (206) 676-9659 (Feb. 3, 10, 17, 24, 2016) IN THE CIRCUIT COURT FOR THE STATE OF OREGON IN AND FOR THE COUNTY OF POLK HSBC BANK USA, N.A., AS INDENTURE TRUSTEE FOR THE REGISTERED NOTE- HOLDERS OF RENAISSANCE HOME EQUITY LOAN TRUST 2005-3, RENAISSANCE HOME EQUITY LOAN ASSET- BACKED NOTES, SERIES 2005-3 Plaintiff, vs. VIOLET I. SMITH; LEONARD A. GIBSON; UNKNOWN PERSONS OR ENTITIES CLAIMING AN INTEREST IN THE SUBJECT PROPERTY, Defendants. No. 15CV28856 SUMMONS TO: VIOLET I. SMITH and/or Unknown Heirs and Devisees of Violet Smith; and to Un- known Persons or entities claiming an interest in the Subject Property You are hereby required to appear and defend the Com- plaint filed against you in the above entitled cause within thirty (30) days from the date of service of this summons upon you, and in case of your failure to do so, for want there- of, Plaintiff will apply to the court for the relief demanded in the Complaint. NOTICE TO DEFENDANT: READ THESE PAPERS CAREFULLY! You must "appear" in this case or the other side will win automatically. To "appear" you must file with the court a legal paper called a "motion" or "answer." The "motion" or "an- swer" must be given to the court clerk or administrator within 30 days along with the required filing fee. It must be in proper form and have proof of service on the plaintiff's at- torney or, if the plaintiff does not have an attorney, proof of service on the plaintiff. If you have questions, you should see an attorney imme- diately. If you need help in finding an attorney, you may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon at (800) 452-7636. The relief sought in the Complaint is to quiet title to the real property located at 431 NW 12th Street, Corvallis, Oregon 97330. Date of First Publication: February 3, 2016. /s/ Matthew Cleverley Matthew R. Cleverley, OSB #93235 Fidelity National Law Group 1200 - 6th Avenue, Suite 1900 Seattle, WA 98101 (206) 223-4525, ext. 103 Matthew.Cleverley@fnf.com Attorney for Plaintiff I certify that the foregoing is an exact and complete copy of the original summons in the above entitled cause. Matthew Cleverley, OSB#93235 (Feb. 3, 10, 17, 24, 2016) TRUSTEE'S NOTICE OF SALE File No. 7236.26082 Reference is made to that certain trust deed made by Nicolette G. Tedders, a married woman as her sole and separate proper- ty, and Joyce Greene, a mar- ried woman as her sole and separate property., as grantor, to Fidelity National Title, as trustee, in favor of Mortgage Electronic Registration Sys- tems, Inc. as nominee for First Franklin a Division of National City Bank, its successors and assigns, as beneficiary, dated 10/19/06, recorded 10/25/06, in the mortgage records of POLK County, Oregon, as 2006-017667 and subsequent- ly assigned to U.S. Bank Na- tional Association, as trustee, in trust for registered holders of First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Se- ries 2006-FF18 by Assignment recorded as 2015-002451, cov- ering the following described real property situated in said county and state, to wit: Lot 5, Block 1, Brush College Es- tates No. 1, Polk County, Ore- gon. PROPERTY ADDRESS: 2865 Doaks Ferry Road North- west Salem, OR 97304 Both the beneficiar y and the trustee have elected to sell the real property to satisfy the obligations secured by the trust deed and a notice of de- fault has been recorded pur- suant to Oregon Revised Statutes 86.752(3); the default for which the foreclosure is made is grantor's failure to pay when due the following sums: monthly payments of $2,069.33 beginning 07/01/09; and monthly payments of $1,881.00 beginning 12/01/09; and monthly payments of $1,692.67 beginning 06/01/10; and monthly payments of $2,001.60 beginning 12/01/11; plus advances of $4,887.91; together with title expense, costs, trustee's fees and attor- ney's fees incurred herein by reason of said default; any further sums advanced by the beneficiary for the protection of the above described real property and its interest therein; and prepayment penalties/premiums, if appli- cable. By reason of said de- fault the beneficiary has de- clared all sums owing on the obligation secured by the trust deed immediately due and payable, said sums being the following, to wit: $226,000.00 with interest thereon at the rate of 8.35 per- cent per annum beginning 06/01/09; plus advances of $4,887.91; together with title expense, costs, trustee's fees and attorneys fees incurred herein by reason of said de- fault; any further sums ad- vanced by the beneficiary for the protection of the above described real property and its interest therein; and pre- payment penalties/premiums, if applicable. WHEREFORE, notice hereby is given that the undersigned trustee will on April 27, 2016 at the hour of 10:00 o'clock, A.M. in accord with the standard of time es- tablished by ORS 187.110, at the following place: inside the new lobby at the Jefferson Street entrance of the Polk County Courthouse, 850 Main Street, in the City of Dallas, County of POLK, State of Ore- gon, sell at public auction to the highest bidder for cash the interest in the described real proper ty 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 inter- est which the grantor or grantor's successors in inter- est acquired after the execu- tion of the trust deed, to satis- fy the foregoing obligations thereby secured and the costs and expenses of sale, includ- ing a reasonable charge by the trustee. Notice is further given that for reinstatement or payoff quotes requested pur- suant to ORS 86.786 and 86.789 must be timely commu- nicated in a written request that complies with that statute addressed to the trustee's "Urgent Request Desk" either by personal delivery to the trustee's physical offices (call for address) or by first class, certified mail, return receipt requested, addressed to the trustee's post office box ad- dress set forth in this notice. Due to potential conflicts with federal law, persons having no record legal or equitable inter- est in the subject property will only receive information con- cerning the lender's estimated or actual bid. Lender bid infor- mation is also available at the trustee's website, www.north- westtrustee.com. Notice is further given that any person named in ORS 86.778 has the right, at any time prior to five days before the date last set for the sale, to have this fore- closure 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 per- formance required under the obligation or trust deed, and in addition to paying said sums or tendering the per- formance necessary to cure the default, by paying all costs and expenses actually in- curred in enforcing the obliga- tion and trust deed, together with trustee's and attorney's f e e s n o t ex c e e d i n g t h e amounts provided by said ORS 86.778. Requests from persons named in ORS 86.778 for reinstatement quotes re- ceived 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 docu- ments. In construing this no- tice, the singular includes the plural, the word "grantor" in- cludes any successor in inter- est to the grantor as well as any other person owing an obligation, the performance of which is secured by said trust deed, and the words "trustee" and "beneficiary" include their respective successors in interest, if any. Without limit- ing the trustee's disclaimer of representation 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 manufac- turing 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 proper ty at the trustee's sale. The trustee's rules of auction may be ac- cessed at www.northwest- trustee.com and are incorpo- rated by this reference. You may also access sale status at www.northwesttrustee.com a n d w w w. U S A - F o r e cl o - sure.com. For further infor- mation, please contact: Nanci Lambert Northwest Trustee Services, Inc. P.O. Box 997 Bellevue, WA 98009-0997 425- 586-1900 Tedders, Nicolette and Greene, Estate of Joyce (TS# 7236.26082) 1002.284714- File No. (Jan. 27; Feb. 3, 10, 17, 2016) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF POLK In Probate Case No. 16PB00008 In the Matter of the Estate of HAZEL D. JOHNSON, Deceased. NOTICE TO INTERESTED PERSONS By order of the Circuit Court of Oregon for Polk County, Warren Johnson, Jr. has been appointed Personal Representative of the estate of HAZEL D. JOHNSON, de- ceased. All persons having claims against said estate hereby are required to present them with proper vouchers, within four months from the date of hereof to them, c/o John Hasbrook, Attorney at Law, PO Box 368, Monmouth, Oregon 97361, or said claims may be barred. All persons whose rights may be affected by this pro- ceeding hereby are advised that additional information may be obtained from the records of the court, the Per- sonal Representative or the at- torney for the Personal Repre- sentative. Dated and first published this 27th day of January, 2016. Warren Johnson, Jr. Personal Representative of Estate by JOHN HASBROOK, OSB #914912 Attorney for Personal Representative PO Box 368, Monmouth, Oregon 97361 Telephone (503) 838-0251 Publish: January 27, Febru- ary 3, February 10, 2016 (Jan. 27; Feb. 3, 10, 2016) NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR POLK COUNTY. In the Matter of the Estate of SONIA J. WEISNER, Deceased, No. 15PB06225. NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal represen- tative of the above estate. All persons having claims against the estate are required to present them within four months after the date of first publication of this notice, to the personal representative in care of Lane P. Shetterly, at the address appearing below, or they may be barred. ALL persons whose rights may be affected by the pro- ceeding may obtain additional information from the records of the Court, the personal rep- resentative or the attorneys for the personal representa- tive. DATED and first published this 20th day of January, 2015. Galen M. Harms Personal Representative Lane P. Shetterly SHETTERLY, IRICK & OZIAS Attorneys at Law PO Box 105 Dallas, Oregon 97338 Telephone: 503-623-6695 (Jan. 20, 27; Feb. 3, 2016) TIMBER FOR SALE, UNITED STATES DEPARMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT. ORAL AUC- TION OR SEALED BIDS as hereinafter designated will be received by the District Man- ager, Bureau of Land Manage- ment, 1717 Fabry Road, S. E., Salem, Oregon 97306, at 9:00 am Pacific Time, on Wednes- day, February 24, 2016, for all timber marked or designated for cutting. Before bids are submitted, full information concerning the timber, the conditions of sale and sub- mission of bids, including ap- praised prices per species, should be obtained from the above District Manager. The right is hereby reserved to waive technical defects in this advertisement and to reject any or all bids. The United States reserves the right to waive any informality in bids received whenever such waiv- er is in the interest of the United States. This sale no- tice, first published on Janu- ary 27, 2016, constitutes the decision document for pur- poses of protests and ap- peals, under 43 CFR Subpart 5003 - Administrative Reme- dies. Protests of any sale list- ed below must be filed in writ- ing within 15 days after the first publication of this notice. The regulations do not au- thorize the acceptance of protests in any form other than a signed, written hard copy that is delivered to the physical address of the adver- tising BLM office. As such the original signed protest must be received by the close of business 4:30 p.m. Pacific Time on the 15th day of the protest period. This timber sale is in conformance with the Salem District 1995 Re- source Management Plan, as amended. The project is con- sistent with the 2001 ROD and Standards and Guidelines for Amendments to the Survey a n d M a n a g e , P ro t e c t i o n Buffer, and other Mitigation Measures Standards and Guidelines, as incorporated into the District Resource Management Plan. The Rowell Creek project utilizes the De- cember 2003 species list, which incorporates species changes made as a result of the 2001 through 2003 Annual Species Reviews (ASR) with the exception of the red tree vole. The Ninth Circuit Court of Appeals in KSWC et al. v. Boody et al., 468 F3d 549 (9th Cir. 2006) returned the red tree vole to its status as exist- ed in the 2001 ROD Standards and Guidelines, as a Category C species throughout its range. IN POLK COUNTY: ORE- GON: O&C: ORAL AUCTION: ROWELL CREEK: All timber designated for cutting on cer- tain Federal lands in Sec. 1, T. 7 S., R. 8 W., Will. Mer., esti- mated for the purpose of this sale to be 13,691 M bd. ft. No written bid for less than $3,639,496.40 will be consid- ered. Minimum deposit with written bid is $364,000.00. (Jan. 27; Feb. 3, 2016) 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 seeking to construct a detached garage (30 feet by 36 feet) to store a boat and RV in addition to their existing three (3) car garage located on the subject property. The sub- ject property is approximately 1.4 acres in size and is located within the Suburban Residen- tial (SR) Zoning District and the City of Salem Urban Growth Boundary (UGB). The SR zone allows a maximum of a three (3) car garage for stor- age and protection of motor vehicles. Due to the dimen- sions of the existing garage not being wide enough to store a standard boat trailer and RV, the applicant is re- questing a full variance to in- crease the maximum number of garage space allowed in the SR zone. The applicant has re- quested a 67% increase of the maximum number of garage space from a three (3) car garage to five (5) car garage in the SR Zoning District. APPLICANT: Gerald F. Farnell OWNER(S): Gerald F. and Michele C. Farnell FILE NUMBER: VAR 16-01 LOCATION:3250 Belvedere Street NW, Salem, OR 97304 (T7S, R3W, Section 19, Tax Lot 1500) REVIEW AND DECISION CRITERIA: P o l k County Zoning Ordinance Sections 127.020 (G), 122.020, and 122.030 HEARING DATE &TIME: February 23, 2016 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:S i d n e y Mulder. Phone: (503) 623-9237; Fax: (503) 623-6009 Please include File Number VAR 16-01 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 spe- cial accommodations to at- tend or participate in the meet- ing. 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 relied upon by the applicant, and applicable criteria, are available for inspection at no cost and will be provided at reasonable cost. In addition, a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing, and will be pro- vided at a reasonable cost, at the Polk County Community Development 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 Communi- ty Development Department by 5:00 PM on February 12, 2016, 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 forwarded to the purchaser. (Feb. 3, 2016)