Polk County News
10A Polk County Itemizer-Observer • July 26, 2017
NOTICE IS HEREBY GIVEN
that the undersigned has been
appointed personal representa-
tive of the Estate of William
Lawrence Miles, deceased,
Polk County Circuit Court Case
No. 17PB05194. All persons
having claims against the es-
tate are required to present
them, with vouchers attached,
to the undersigned personal
representative at 1020 Liberty
Street SE, Salem, Oregon
97302, within 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 pro-
ceedings may obtain additional
information from the records of
the court, the personal repre-
sentative, or the attorneys for
the personal representative.
Dated and first published:
July 19, 2017.
Elysa R. Miles
Personal Representative
Collier Law Stephanie M.
Palmblad, OSB No. 124125 At-
torneys for Personal Represen-
tative 1020 Liberty Street SE
Salem, OR 97302 Phone: (503)
485-7224
(July 19, 26; Aug. 2, 2017)
TRUSTEE'S NOTICE OF SALE
The Trust Deed to be fore-
closed pursuant to Oregon law
is referred to as follows (the
"Trust Deed"):
Grantors: Shawn M. Lyday
and Cheryl A. O'Hara
Trustee: Ticor Title
Beneficiary: O.S.U. Federal
Credit Union, nka Oregon State
Credit Union
Date: August 2, 2013
Recording Date:
August 2, 2013
Recording Reference:
2013-008409
County of Recording:
Polk County
The Successor Trustee is
Patrick L. Stevens and the mail-
ing address of the Successor
Trustee is: Patrick L. Stevens,
Successor Trustee, Hutchin-
son, Cox, Coons, Orr & Sher-
lock, P.C., PO Box 10886, Eu-
gene, OR 97440.
The Trust Deed covers the
following described real prop-
erty in the County of Polk and
State of Oregon, ("the Proper-
ty"):
Parcel 3 of PARTITION PLAT
NO. 2006-08, in the City of Falls
City, Polk County, Oregon,
recorded March 14, 2006 in Vol-
ume 2006, Page 08, Polk Coun-
ty Records Book of Partition
Plats, Polk County, Oregon.
Commonly known as: 101
Montgomery Street, Falls City,
OR 97344.
Both the beneficiary and the
trustee have elected to sell the
said real property to satisfy the
obligations secured by said
trust deed and a notice of de-
fault has been recorded pur-
suant to Oregon Revised
Statutes 86.735(3); the default
for which the foreclosure is
made is grantor's failure to pay
when due the following sums:
The monthly installment pay-
ments beginning March 1, 2016
and continuing through the in-
stallment due April 1, 2017;
plus interest and late charges;
real property taxes, plus inter-
est and penalties; and other
liens and penalties. Total de-
fault as of April 3, 2017 is
$11,824.42.
By reason of said default,
the beneficiary has declared all
sums owing on the obligation
secured by the trust deed im-
mediately due and payable,
those sums being the following
to wit:
$116,719.62 principal bal-
ance, plus unpaid interest,
taxes and insurance through
and including April 3, 2017 in
the amount of $7,180.73, to-
gether with the sum of $29.55
which represents unpaid late
charges, together with interest
on the principal sum of
$116,719.62 at the rate of
4.125% per annum from April 4,
2017 until paid, together with
insurance paid by the Benefici-
ary on the property, late
charges and penalties, trustee
fees, attorney fees, foreclosure
costs and any sums advanced
by the Beneficiary pursuant to
the trust deed.
The date, time and place of
the sale is:
Date and Time: September
27, 2017 11:00 a.m.
Place: Polk County Court-
house, 850 Main St., Dallas, OR
97338
NOTICE TO RESIDENTIAL
TENANTS
The property in which you
are living is in foreclosure. A
foreclosure sale is scheduled
for September 27, 2017. The
date of this sale may be post-
poned. 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 pro-
vide you with contact informa-
tion 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 resi-
dential dwelling under a legiti-
mate rental agreement. The in-
formation does not apply to
you if you own this property or
if you are not a bona fide resi-
dential 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 notice 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 FORE-
CLOSURE SALE FOR:
• THE REMAINDER OF
YOUR FIXED TERM LEASE, IF
YOU HAVE A FIXED TERM
LEASE; OR
• AT LEAST 90 DAYS FROM
THE DATE YOU ARE GIVEN A
WRITTEN TERMINATION NO-
TICE.
If the new owner wants to
move in and use this property
as a primary residence, the
new owner can give you writ-
ten notice and require you to
move out after 90 days, even
though you have a fixed term
lease with more than 90 days
left.
You must be provided with
at least 90 days' written notice
after the foreclosure sale be-
fore you can be required to
move.
A bona fide tenant is a resi-
dential 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 subsidized due to a
federal, state or local subsidy;
and
• Was entered into prior to
the date of the foreclosure
sale.
ABOUT YOUR TENANCY
BETWEEN NOW AND THE
FORECLOSURE SALE:
RENT
YOU SHOULD CONTINUE
TO PAY RENT TO YOUR LAND-
LORD 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 PAY-
MENTS 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 land-
lord in writing that you want to
subtract the amount of your se-
curity 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 fore-
closure sale is not responsible
to you for any deposit or pre-
paid rent you paid to your land-
lord.
ABOUT YOUR TENANCY
AFTER THE FORECLOSURE
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 90 days or at the end of
your fixed term lease. After the
sale, you should receive a writ-
ten 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
becomes your new landlord
and must maintain the proper-
ty. 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 agree-
ment to leave the premises in
less than 90 days or before
your fixed term lease expires.
You should speak with a
lawyer to fully understand your
rights before making any deci-
sions 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 INFORMATION ABOUT
YOUR RIGHTS, YOU SHOULD
CONSULT A LAWYER. If you
believe you need legal assis-
tance, 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 as-
sistance for free. Information
about whom to contact for free
legal assistance is included
with this notice.
RIGHT TO CURE
The right exists under ORS
86.753 to have this foreclosure
proceeding dismissed and the
Trust Deed reinstated by doing
all of the following at any time
that is not later than five days
before the date last set for the
sale:
(1)Paying to the Beneficiary
the entire amount then due
(other than such portion as
would not then be due, had no
default occurred);
(2)Curing any other default
complained of herein that is ca-
pable of being cured by tender-
ing the performance required
under the Trust Deed; and
(3)Paying all costs and ex-
penses actually incurred in en-
forcing the Obligation and
Trust Deed, together with
Trustee's and attorney's fees
not exceeding the amounts
provided by ORS 86.753.
In construing this notice, 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 "Ben-
eficiary" include their respec-
tive successors in interest, if
any.
We are a debt collector at-
tempting to collect a debt and
any information we obtain will
be used to collect the debt.
Cashier's checks for the
foreclosure sale must be
payable to Oregon State Credit
Union.
Dated: June 5, 2017.
Patrick L. Stevens,
Successor Trustee
Hutchinson, Cox, Coons,
Orr & Sherlock, P.C.
Attorneys at Law
PO Box 10886
Eugene, OR 97440
Phone: (541) 686-9160
Fax: (541) 343-8693
Date of First Publication:
June 14, 2017
Date of Last Publication:
July 5, 2017
(July 26; Aug. 2, 9, 16, 2017)
TRUSTEE'S NOTICE OF SALE
TS NO.: 17-45631 Reference is
made to that certain Deed of
Trust (hereinafter referred as
the Trust Deed) made by GARY
E. MILLER YOUST, A MARRIED
MAN as Grantor to NORTH-
WEST TRUSTEE SERVICES,
INC., as trustee, in favor of
BANK OF AMERICA, N.A., A
NATIONAL BANKING ASSOCI-
ATION, as Beneficiary, dated
3/26/2009. recorded 3/31/2009.
in mortgage records of Polk
County, Oregon Document No.
2009-003558 in Book Page cov-
ering the following described
real property situated in said
County and State, to-wit:Por-
tion of Sections 34 and 35,
Township 6 South, Range 7
West of the Willamette Meridi-
an, Polk County, State of Ore-
gon: THE LAND REFERRED TO
IN THIS EXHIBIT IS SITUATED
IN THE CITY OF SHERIDAN,
COUNTY OF POLK, STATE OF
OREGON, AND IS DESCRIBED
AS FOLLOWS: PARCEL 1: BE-
GINNING AT AN IRON BAR
WHICH IS 2 700. 58 FEET
SOUTH 88º29"46 EAST AND
803.77 FEET SOUTH 12º24'24"
WEST FROM THE ONE QUAR-
TER CORNER COMMON TO
SECTIONS 34 AND 35 IN
TOWNSHIP 6 SOUTH, RANGE
7 WEST OF THE WILLAMETTE
MERIDIAN, POLK COUNTY,
OREGON; AND RUNNING
THENCE SOUTH 89º03'20"
EAST 600.00 FEET; THENCE
NORTH 12º24'24" EAST 11.81
FEET: T HENCE NORTH
85º24'32" EAST 236.00 FEET;
THENCE SOUTH 2º11'45" EAST
545.09 FEET: THENCE SOUTH
87º16'27" WEST 32.10 FEET;
THENCE NORTH 87º41'35"
WEST 207.34 FEET; THENCE
SOUTH 86º53'29" WEST 547.93
FEET; THENCE NORTH
2º51'57" WEST 83.06 FEET;
THENCE SOUTH 86º32'57"
WEST 31.43 FEET; THENCE
NORTH 04º30'22" WEST 467.93
FEET TO THE PLACE OF BE-
GINNING.ALSO: BEGINNING
AT AN IRON BAR WHICH IS
2700.58 FEET SOUTH 88º29'46"
EAST 803.77 FEET SOUTH
12º24'24" WEST 348.33 FEET
SOUTH 4º30'22" EAST FROM
THE ONE QUARTER CORNER
COMMON TO SECTIONS 34
AND 35, TOWNSHIP 6 SOUTH.
RANGE 7 WEST OF THE
WILLAMETTE MERIDIAN,
POLK COUNTY, OREGON;
AND RUNNING THENCE
SOUTH 4º30'22" EAST 119.60
FEET; THENCE NORTH
86º32'57" EAST 31.43 FEET;
THENCE SOUTH 2º51 '57"
EAST 83.06 FEET; THENCE
NORTH 86º53'29" EAST 223.17
FEET; THENCE SOUTH 12º00'
WEST 363.38 FEET; THENCE
NORTH 88º00' WEST 770.00
FEET; THENCE NORTH 12º00'
EAST 490.00 FEET; THENCE
NORTH 85º29'38 EAST 476.92
FEET TO THE PLACE OF BE-
GINNING.ALSO TOGETHER
WITH THAT PORTION OF VA-
CATED MOUNTAIN SPRINGS
DRIVE THAT INURES TO SAID
PROPERTY BY ORDER NO. 88-
29, FILED NOVEMBER 7, 1988,
IN BOOK 217, PAGE 1569,
BOOK OF RECORDS FOR
POLK COUNTY. OREGON.
SAVE AND EXCEPT THAT
PORTION OF THE ABOVE DE-
SCRIBED PARCEL LYING
WITHIN LOT 3, BLOCK 4,
MOUNTAIN SPRINGS ES-
TATES, POLK COUNTY, ORE-
GON.ALSO SAVE AND EX-
CEPT THAT PROPERTY CON-
VEYED TO ALICE I. PROPES
AND MICHAEL F. PROPES BY
DEED RECORDED DECEMBER
1, 1987 IN VOLUME 208, PAGE
2166, BOOK OF RECORDS
FOR POLK COUNTY, ORE-
GON.SAVE AND EXCEPT THE
FOLLOWING DESCRIBED
PROPERTY: BEGINNING AT A
POINT THAT IS NORTH
88º00'00" WEST 100.00 FEET
AND NORTH 2º00'00" EAST
25.00 FEET FROM THE
NORTHWEST CORNER OF
LOT 2, BLOCK 5, MOUNTAIN
SPRINGS ESTATES NO. 2,
BOOK OF TOWN PLATS 10,
PAGE 9, POLK COUNTY
CLERKS RECORDS, POLK
COUNTY, OREGON; THENCE
NORTH 88º00'00" WEST 91.62
FEET; THENCE ALONG A
CURVE TO THE RIGHT WITH
AN ARC LENGTH OF 99.76
FEET (DELTA=9º40'04", RA-
DIUS
591.24
FEET.
CHORD=99.64 FEET AND
BEARS NORTH 83 º09'58"
WEST); THENCE NORTH
78º19'56' WEST 98.97 FEET;
THENCE SOUTH 88º00'00"
EAST 288.37 FEET; THENCE
SOUTH 2º00'00" WEST 25.00
FEET TO THE POINT OF BE-
GINNING. PARCEL II: BEGIN-
NING AT A POINT WHICH
2700.58 FEET SOUTH 88º20'46"
EAST, SOUTH 12º24'24" WEST
803.77 FEET. SOUTH 4º30'22"
EAST 348.33 FEET, SOUTH
4º30'22" EAST 119.60 FEET,
NORTH 86º32'57" EAST 31.43
FEET, SOUTH 2º51'57" EAST
83.06 FEET, NORTH 86º53'29"
EAST 223.17 FEET FROM THE
ONE QUARTER CORNER COM-
MON TO SECTIONS 34 AND 35,
TOWNSHIP 6 SOUTH, RANGE
7 WEST OF THE WILLAMETTE
MERIDIAN, POLK COUNTY,
OREGON; THENCE NORTH
86º53'29" EAST 140.00 FEET
MORE OR LESS TO THE
NORTHERLY BOUNDARY LINE
OF MOUNTAIN SPRINGS
DRIVE; THENCE SOUTHWEST-
ERLY FOLLOWING SAID
NORTHERLY BOUNDARY TO A
POINT SOUTH 12º 00' EAST
280.00 FEET, MORE OR LESS,
FROM THE POINT OF BEGIN-
NING; THENCE NORTH 12º 00"
EAST 280.00 FEET, MORE OR
LESS, TO THE POINT OF BE-
GINNING. SAID ABOVE DE-
SCRIBED PROPERTY BEING A
PORTION OF LOT 5, BLOCK 5,
MOUNTAIN SPRINGS ES-
TATES NO. 2, POLK COUNTY,
OREGON. PARCEL III: BEGIN-
NING AT A POINT WHICH IS
348.45 FEET SOUTH 04º30'22"
EAST AND 31.73 FEET NORTH
85º29'38" EAST FROM THE
NORTHWEST CORNER OF
LOT 3, BLOCK 5, MOUNTAIN
SPRINGS ESTATES IN SEC-
TION 35, TOWNSHIP 6 SOUTH,
RANGE 7 WEST OF THE
WILLAMETTE MERIDIAN IN
POLK COUNTY, OREGON,
SAID POINT BEING AN ANGLE
IN THE SOUTHERLY BOUND-
ARY OF SAID LOT 3; THENCE
NORTH 85º29'38" EAST 246.38
FEET TO AN IRON ROD;
THENCE SOUTH 51º48'27"
EAST, 271.16 FEET TO AN
IRON ROD ON THE NORTH
LINE OF MOUNTAIN SPRINGS
DRIVE: THENCE NORTH
72º05'04" WEST ALONG THE
SOUTHERLY LINE OF SAID
LOT 3. A DISTANCE OF 482.11
FEET MORE OR LESS TO THE
POINT OF BEGINNING. The
street address or other com-
mon designation, if any for the
real property described above
is purported to be: 23500
MOUNTAIN SPRINGS DRIVE
SHERIDAN, Oregon 97378. The
Tax Assessor's Account ID for
the Real Property is purported
to be: 06735-00-02302 /564976.
Both the beneficiary and the
trustee, Amy F. Harrington, At-
torney at Law have elected to
foreclose the above referenced
Trust Deed and sell the said
real property to satisfy the obli-
gations secured by the Trust
Deed and a Notice of Default
and Election to Sell has been
recorded pursuant to ORS
86.752(3). All right, title, and in-
terest in the said described
property which the grantors
had, or had power to convey,
at the time of execution of the
Trust Deed, together with any
interest the grantors or their
successors in interest ac-
quired after execution of the
Trust Deed shall be sold at
public auction to the highest
bidder for cash to satisfy the
obligations secured by the
Trust Deed and the expenses
of sale, including the compen-
sation of the trustee as provid-
ed by law, and the reasonable
fees of trustee's attorneys. The
default for which the foreclo-
sure is made is: That a breach
of, and default in, the obliga-
tions secured by said Deed of
Trust have occurred in that a
violation of the Borrower
Covenants clause as contained
in the Deed of Trust occurred
in that "Borrower shall pay all
property charges consisting of
taxes, ground rents, flood and
hazard insurance premiums,
and special assessments in a
timely manner and shall pro-
vide evidence of payment to
Lender", and, the borrower has
not paid taxes or provided
proof that the hazard insurance
premiums have been paid, and
therefore, the Lender has de-
clared all sums secured there-
by forthwith due and payable
plus the foreclosure costs,
legal fees and any advances
that may become due, and
such sums have not been
paid.The amount required to
cure the default in payments to
date is calculated as follows:
From: 7/9/2009 Total of past
due payments: $383,979.64.
Late Charges: $0.00. Additional
charges (Taxes, Insurance):
$0.00. Trustee's Fees and
Costs: $1,547.00. Total neces-
sary to cure: $385,526.64.
Please note the amounts stat-
ed herein are subject to confir-
mation and review and are like-
ly to change during the next 30
days. Please contact the suc-
cessor trustee Amy F. Harring-
ton, Attorney at Law, to obtain
a "reinstatement' and or "pay-
off quote prior to remitting
funds.By reason of said default
the beneficiary has declared all
sums owing on the obligation
secured by the Trust Deed due
and payable. The amount re-
quired to discharge this lien in
its entirety to date is:
$385,526.64. Said sale shall be
held at the hour of 11:00 AM on
11/14/2017 in accord with the
standard of time established
by ORS 187.110, and pursuant
to ORS 86.771(7) shall occur at
the following designated
place:At the front entrance of
the Courthouse, 850 Main
Street, Dallas, OR 97338. Other
than as shown of record, nei-
ther the said beneficiary nor
the said trustee have any actu-
al notice of any person having
or claiming to have any lien
upon or interest in the real
property hereinabove de-
scribed subsequent to the in-
terest of the trustee in the Trust
Deed, or of any successor(s) in
interest to the grantors or of
any lessee or other person in
possession of or occupying the
property, except: NONE. 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
sale, to have this foreclosure
proceeding dismissed and the
Trust Deed reinstated by pay-
ment to the beneficiary of the
entire amount then due (other
than such portion of the princi-
pal as would not then be due
had no default occurred) and
by curing any other default
complained of herein that is ca-
pable of being cured by tender-
ing the performance required
under the obligation(s) of the
Trust Deed, and in addition to
paying said sums or tendering
the performance necessary to
cure the default, by paying all
costs and expenses actually in-
curred in enforcing the obliga-
tion and Trust Deed, together
with the trustee's and attor-
ney's fees not exceeding the
amounts provided by ORS
86.778. The mailing address of
the trustee is:Amy F. Harring-
ton, Attorney at Law c/o Zieve.
Brodnax and Steele, LLP One
World Trade Center 121 South-
west Salmon Street, 11th Floor
Portland, OR 97204 (503) 946-
6558 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 se-
cured by said trust deed, the
words "trustee" and 'beneficia-
ry" include their respective
successors in interest, if any.
Without limiting the trustee's
disclaimer of representations
or warranties, Oregon law re-
quires the trustee to state in
this notice that some residen-
tial property sold at a trustee's
sale may have been used in
manufacturing methampheta-
mines, the chemical compo-
nents of which are known to be
toxic. Prospective purchasers
of residential property should
be aware of this potential dan-
ger before deciding to place a
bid for this property at the
trustee's sale. Dated: June 29,
2017 Signature By: Amy F. Har-
rington Attorney at Law c/o
Zieve, Brodnax and Steele, LLP
A-4627148 07/19/2017,
07/26/2017, 08/02/2017,
08/09/2017
(July 19, 26; Aug. 2, 9, 2017)
Chemeketa
Community College
Budget Committee Vacancies
Chemeketa Community Col-
lege is seeking candidates to
fill a vacancy on its Citizen’s
Budget Committee in Zone 7,
Polk County. The person se-
lected will fill a three-year term
ending June 30, 2020.
Call the President’s Office,
503.399.6593, to obtain a pack-
et of information or for informa-
tion about zone boundaries. A
subcommittee of Chemeketa’s
College Board of Education
may interview candidates and
make a recommendation to the
board. Deadline for completed
applications is 4 pm, Friday,
August 11, 2017. For more in-
formation about Chemeketa,
visit our website at
www.chemeketa.edu.
(July 26; Aug. 2, 2017)
This is an action for Judicial
Foreclosure of real property
commonly known as 561 N.
13TH St. Independence, OR
97351. A motion or answer
must be given to the court clerk
or administrator within 30 days
of the date of the first publica-
tion specified herein along with
the required filing fee.
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY OF POLK
BANK OF AMERICA, N.A.,
Plaintiff,
v.
ESTATE OF MARIAN L. GRA-
HAM; JACK GRAHAM, CARL
L. GRAHAM, AND RHONDA K.
FRAKES INDIVIDUALLY AND
AS SUCCESSOR CO-
TRUSTEES OF THE MARIAN L.
GRAHAM, REVOCABLE LIVING
TRUST 2012; STATE OF ORE-
GON DEPARTMENT OF REV-
ENUE; and ALL OTHER PER-
SONS OR PARTIES UNKNOWN
CLAIMING ANY RIGHT, TITLE,
LIEN, OR INTEREST IN THE
REAL PROPERTY COMMONLY
KNOWN AS 561 N 13TH ST, IN-
DEPENDENCE, OR 97351,
Defendants.
Case No. 17CV05968
SUMMONS BY PUBLICATION
TO DEFENDANTS ESTATE
OF MARIAN L. GRAHAM AND
ALL OTHER PERSONS OR
PARTIES UNKNOWN CLAIM-
ING ANY RIGHT, TITLE, LIEN,
OR INTEREST IN THE REAL
PROPERTY COMMONLY
KNOWN AS 561 N 13TH ST, IN-
DEPENDENCE, OR 97351:
IN THE NAME OF THE
STATE OF OREGON: You are
hereby required to appear and
defend the action filed against
you in the above-entitled cause
within 30 days from the date of
service of this Summons upon
you; and if you fail to appear
and defend, for want thereof,
the Plaintiff will apply to the
court for the relief demanded
therein.
Dated: July 6, 2017
ALDRIDGE PITE, LLP
By: Christina M. Andreoni,
OSB #160875
(858) 750-7600
(503) 222-2260(Facsimile)
candreoni@aldridgepite.com
Aldridge Pite, LLP
111 SW Columbia Street,
Suite 950
Portland, OR 97201
Of Attorneys for Plaintiff
NOTICE TO DEFENDANT/
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 “an-
swer”. The “motion” or “an-
swer” must be given to the
court clerk or administrator
within 30 days (or 60 days for
Defendant United States or
State of Oregon Department of
Revenue) along with the re-
quired filing fee. It must be in
proper form and have proof of
service on the plaintiff's attor-
ney or, if the plaintiff does not
have an attorney, proof of serv-
ice on the plaintiff.
If you have questions, you
should see an attorney immedi-
ately. If you need help in find-
ing an attorney, you may con-
tact the Oregon State Bar's
Lawyer Referral Service online
at www.oregonstatebar.org or
by calling (503) 684-3763 (in the
Portland metropolitan area) or
toll-free elsewhere in Oregon at
(800) 452-7636.
(July 19, 26; Aug. 2, 9, 2017)
CITY OF DALLAS
NOTICE OF PUBLIC HEARING
The Dallas Planning Com-
mission will hold a public hear-
ing on Tuesday, August 8, 2017
at 7:00 p.m., in the Council
Chambers at City Hall, 187 SE
Court Street, Dallas, Oregon,
on Legislative Amendment 17-
01, a proposal to amend the
City of Dallas Transportation
System Plan. Specifically the
proposed amendments would
update the Future Street Map
and the list of transportation
improvement projects. The
Planning Commission will con-
sider testimony that addresses
the amendments. Testimony
may be submitted in writing to
the Dallas Community Develop-
ment Department, City Hall, 187
SE Court St, Dallas, Oregon
97338, or in writing or orally at
the public hearing. The public
hearing will be conducted in a
manner that permits testimony
from all interested parties in ac-
cordance with the rules of pro-
cedure adopted by the Council
and available at City Hall.
Written comments submitted
to the Community Development
Department by July 31, 2017,
will be included with the staff
report. Written comments sub-
mitted after that date will be for-
warded to the Planning Com-
mission at the public hearing.
The staff report will be available
for inspection at the Communi-
ty Development Department at
least seven days prior to the
hearing. Copies of the staff re-
port and all documents are
available for inspection at the
Community Development De-
partment at no cost and copies
will be provided at a reasonable
cost. Dallas City Hall is handi-
capped-accessible. Any re-
quests for accommodation
should be made at least 48
hours before the meeting to the
Community Development De-
partment, 503-831-3565 or TDD
503-623-7355. For additional in-
formation contact Jason Locke
at 503.831.3565.
(July 26, 2017)
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN
that the City of Monmouth Plan-
ning Commission will hold a
public hearing on Monday, Au-
gust 14, 2017, at 7:00p.m. at the
Monmouth City Council Cham-
bers, 144 Warren Street S., to
consider:
Comprehensive Plan Map
Amendment - Zone Change
(CPMA 17-02), would amend
the Comprehensive Plan Map
designation from Mixed Density
Residential to High Density
Residential and would change
the zoning from Mixed Density
Residential (MX) to High Densi-
ty Residential (RH) for a 5.97-
acre parcel. The property is lo-
cated in the 800 block of
Helmick Road and is identified
as Assessor Map Number 8430,
Tax Lot 800.
The relevant standards and
criteria are found in the Mon-
mouth City Code Chapter 18.15
Zone Changes and Plan
Amendments.
For Comprehensive Plan Map
Amendment – Zone Change ap-
plications, the Planning Com-
mission makes a recommenda-
tion to the Monmouth City Coun-
cil. The City Council then makes
the final decision in the matter.
A second public hearing will be
held before the Monmouth City
Council to consider this re-
quest. That public hearing is
scheduled for Tuesday, Septem-
ber 19, 2017, at 7:00 PM at the
Monmouth City Council Cham-
bers, 144 S. Warren Street.
The Planning Commission
and City Council will consider
testimony which address the
applicable criteria listed. The
public hearings will be con-
ducted in a manner, which per-
mits testimony from the appli-
cant and other interested par-
ties. Any person desiring to
speak either for or against the
proposal may do so in person
or by authorized representative
at the public hearing. In addi-
tion, written comments may be
submitted prior to the hearing
with the City Recorder at City
Hall. The staff report will be
available at the Monmouth City
Hall at least seven (7) days
prior to the hearing. The docu-
ments and evidence submitted
by the applicant, copies of the
applicable criteria, and the staff
report are available for inspec-
tion at no cost and copies will
be provided at reasonable
cost.
FAILURE TO RAISE AN
ISSUE ACCOMPANIED BY
STATEMENTS OR EVIDENCE
SUFFICIENT TO AFFORD THE
PLANNING COMMISSION, CITY
COUNCIL, AND OTHER INTER-
ESTED PARTIES AN OPPOR-
TUNITY TO RESPOND TO THE
ISSUE PRECLUDES APPEAL
TO THE LAND USE BOARD OF
APPEALS BASED ON THAT
ISSUE.
For further information, con-
tact Mark Fancey, Community
Development Director at
(503)751-0147
or
mfancey@ci.monmouth.or.us.
(July 26, 2017)