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TWELVE-The Gazette-Times, IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MORROW AMERICAN GUARANTY LIFE INSURANCE COMPANY, an Oregon corporation, Plaintiff, v. BOARDMAN DEVELOP MENT COMPANY, INC., an Oregon corporation, et al, Defendants. No. 5715 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY By virtue of an execution issued out of the above-entit led court and the subject cause on February 21, 1978, pursuant to several judgments as contained in a decree rendered January 31, 1978 and entered February 2, 1978 as Microfilm No. 3278, Records of Morrow County, Oregon, said judgements being in favor of the plaintiff and the defendant and cross-complainant, Mi chael Puskarich, and against the defendant Boardman De velopment Company; Inc., wherein it was decreed that certain mortagages held by plaintiff and defendant and cross-complainant, Michael Puskarich, be foreclosed and that the real property subject to the mortgage liens be sold, which execution commanded me to sell that real property to satisfy judgments against the defendant Boardman Devel opment Company, Inc. in the following amounts: 1. To the judgment of plaintiff, the sum of FOUR HUNDRED THOUSAND & NO DOLLARS ($400,000.00) on account of principal, together with accrued interest calcu lated to and including January 31, 1978 in the sum of NINETY-SIX THOUSAND THREE HUNDRED TWENTY-EIGHT DOLLARS & 94 CENTS ($96,328.94), plus in terest on said principal amount from February 16, 1978, at the rate of SIX (6) PERCENT per annum until paid, plus the sum of ONE THOUSAND NINE HUNDRED SEVENTY & NO DOLLARS ($1,970.00) as and for costs and disbursements, plus the sum of FIFTEEN THOUSAND & NO DOLLARS ($15,000.00) as and for attor ney's fees. 2. To the judgment of Michael Puskarich in the sum of TWO HUNDRED THOU SAND & NO DOLLARS ($200,000.00) on account of principal, together with ac crued interest calculated to and including January 31, 1978, in the sum of SIXTY THREE THOUSAND FIVE HUNDRED FOURTEEN DOLLARS & 50 CENTS (63,514.50), and the interest on said principal amount from February 1, 1978, at the rate of SIX (6) PERCENT PER annum until paid; and a further judgment in the sum of TWO HUNDRED FIVE THOUSAND & NO DOLLARS ($205,000.00) on account of principal plus accrued inter est calculated to and including January 31, 1978, in the sum of SIXTY-NINE THOUSAND FIFTY-ONE DOLLARS & 30 CENTS ($69,051.30) plus in terest at the rate of SIX (6) PERCENT per annum until paid; plus the sum of ONE THOUSAND TWO HUNDRED SIXTY-FIVE DOLLARS & 90 CENTS ($1,265.90) as and for costs and disbursements in curred, plus the sum of SEVEN THOUSAND & NO DOLLARS ($7,000.00) as and for attorney's fees. NOW THEREFORE, I will on March 24, 1978, at the hour of 2:00 p.m., at the main door of the County Courthouse in Heppner, Morrow County, Oregon, sell at public auction (subject to redemption as provided by law) to the highest bidder for cash all of the interest the defendant Boardman Development Com pany, Inc. had on June 4, 1975, the date of the promissory note and mortgage to plaintiff, further all of the interest which the defendant Board man Development Company, Heppner, Oregon, Thursday, March 9, 1978 Public Inc. had on May 6, 1974, said date being the date of the mortgage from defendant Boardman Development Com pany, Inc. to defendant and cross-complainant, Michael Puskarich ; further to all of the interest to which the defen dant Boardman Development Company, Inc. had thereafter in the following described real property located in Morrow County, Oregon, attached hereto as Exhibit "A" and by this reference made a part hereof as if fully set forth herein. DATED February 21, 1978. s L.D. Fetsch, Sheriff STATE OF OREGON County of Morrow ss CERTIFICATE OF TRUE COPY I HEREBY CERTIFY, that the foregoing is a true, complete and correct copy of the original thereof. L.D. FETSCH, Sheriff Morrow County, Oregon By Pauline Winter, Deputy PARCEL I. A tract of land in the North Half (N ) of Section Nine (9), Township Four (4) North, Range Twenty-five (25) East Willamette Meridian; said tract being a portion of the former Oregon State Highway right-of-way, more particu larly described as follows: Beginning at a steel rod on the centerline of said former Oregon State Highway right-of-way (now Morrow County land) at its intersection with Union Pacific Railroad south erly right of way line, said point being North 78 degrees 17' 05" West 3606.47' from the East Quarter (E V4) corner of said Section Nine, and desig nated 1-A on the Plat; thence North 64 degrees 15' 10" East, 314.06' along said southerly Union Pacific Railroad right of way line of said former Oregon State Highway and 2-A; thence Easterly along said right of way on a 11,559.2' radius curve to the right, 857.93' and 3-A; the long chord of which lays North 35 degrees 51' 28" East 857.79'; thence Southwesterly on a 3460.0' radius curve to the left 617.0' to a point of tangency, and Northerly right of way line of County Road (Columbia Ave nue); thence South 64 degrees 15' 10" West, 198.06' along the Northerly right of way of said County Road (Columbia Ave nue) to the intersection of Southerly right of way line of former Oregon State Highway right of way line and 5-A; thence Southwesterly on a 11.409.2' radius curve to the left 862.34' and 6-A; the long chord of which lays South 81 degrees 52' 08" West 862.15 to the intersection with the Southerly right of way of Union Pacific Railroad line; thence North 64 degrees 15' 10" West, 522.75' along said southerly right of way line to point of beginning, said de scribed tract of land contains 4.72 acres more or less, all situated at Boardman in Morrow County, State of Oregon. (1) Basis of bearings - U.S. Corp of Engineers recorded bearing of the North half of the East line of said Section 9, T4N, R2SE, W.M. being North 01 degrees 29' 50" West. (2) All points have been located and field established with " diameter X 30" steel rods. A tract of land laying on the southerly side of County Road (Columbia Avenue) right of way in the North Half of Section Nine, Township Four North, Range 25 East, Willa mette Meridian, said tract being a portion of the former Oregon State Highway right of way and being more particu larly described as follows: Beginning at a steel rod on the southerly right of way of County Road (Columbia Ave nue) said point also being North 67 degrees 16' 39" West, 2,092.22 from East Quarter corner of said Section 9, designated 1-B on the plat; thence South 0 degrees 04' 26" West, 119.33' to a brass washer and screw set in concrete marking the Northwest corner of Riverview Cemetary and 2-B; thence continuing South 0 Notice degrees 04' 26" West, 0.67' to a point on a curve and 2-B.l; thence southwesterly on a 11,309.2' radius curve with chords as follows: South 89 degrees 08" 00" West, 433.03' and 3-B; South 86 degrees 26' 19" West, 615.26' to the intersection with the southerly right of way of County Road (Columbia Avenue) and 4-B; thence North 64 degrees 15' 10" East, 36.31' along said southerly right of way to the point of a curve and 5-B; thence northeasterly along a 1,442.64' radius curve 598.84'. and 6-B; the long chord of which lays North 76 degrees 08' 40" East, 594.55' to the point of curve and intersection at a curve; thence easterly on a 11,339.2' radius curve to the right 437.24' the long chord of which lays North 89 degrees 07' 57" East 437.21' to 1-B and the point of beginning, said tract of land contains 2.38 acres more or less all situated at Boardman in Morrow County, State of Oregon. (1) Bearings based on U.S. Corp of Engineers recorded bearing of North Half of East line of said Section 9 being North 01 degrees 29' 50" West. (2) All points have been located and field established with " diameter X 30" steel rods. A tract of land, generally 70' in width and laying northerly of and immediately adjacent to County Road (Columbia Avenue), Section 9, Township 4 North, Range 25 East, Willamette Meridian, more particularly described as fol lows : Beginning at a point on the west right of way of Olson Road said point being North 2 degrees 56' 46" West, 775.11' from the East Quarter Corner, of said Section 9 and desig nated 1-C on the plat; thence westerly along a 11,559.2' radius curve to the left 2,362.47' with chords as fol lows: North 81 degrees 39' 50" West, 565.39' and 2-C; North 84 degrees 39' 50" West, 605.23' and 3-C; North 87 degrees 39' u 50" West, 605.23' and 4-C; 4 South 89 degrees 22' 53" West, 586.34' to the intersection of a curve and 5-C; thence south westerly on a 3,460.0' radius curve to the left 617.82' the long chord of which lays South 69 degrees 21' 37" West, 617.0' to the point of tangency and northerly right of way of County Road (Columbia Ave nue) and 6-C; thence north easterly along said County Road (Columbia Avenue) right of way on a 1,502.64' radi us curve to the right, 623.74' the long chord of which lays North 76 degrees 08' 40" East, 619.27' to intersection with a curve and 7-C; thence easterly along said County Road (Co lumbia Avenue) right of way on a 11,489.2' radius curve to the right, 2,340.41' with chords as follows: North 89 degrees 26' 10" East, 561.47' and 8-C; South 87 degrees 30' 50" East, 601.52 and 9-C; South 84 degrees 30' 50" East, 601.52' and 10-C. South 81 degrees 42' 05" East, 575.62' to west right of way line of Olson Road and 11-C; thence North 01 degrees 29 50" West, 70.62' along said west right of way line to point of beginning and 1-C, said described tract of land con tains 4.11 acres more or less all situated at Boardman in Morrow County, State of Oregon.' (t) Bearings based on Corp of Engineers recorded bearing of the North half of East line of -said Section 9 being North 01 degrees 29' 50" West. (2) Points, 6-C, 7-C, 8-C, 9-C, 10-C, and 11-C have been field established with " diameter X 30" steel rods. PARCEL II Beginning at the East quar ter corner of Section 9, thence. (South 89 degrees 23' 10" West 1920.00 feet to 1-D and Domt of beginning of this description, thence West 89 degrees 23' 10" West 1174.06 feet to 2-D, thence North 00 degrees 36' 50" West 617.24 feet to 3-D, thence North 64 degrees 15' 10" East 138.03 feet to 4-D, thence Easterly 11,309.2 foot radius curve to the right, 615.33 feet and 5-D, the- long chord of which lays, North 89 degrees 26' 10"' East 615.26 feet, thence Easterly 11,309.2 foot radius curve to the right 433.06 feet and 6-D, the long chord of which lays North 89 degrees 08' 00" East 433.03 feet, thence South 00 d . :ees 44' 30" East 710.40 feet to 1-D and point of beginning. Commencing at the Section corner 3, 4, 9 and 10, Township 4 North, Range 25 E.W.M., said location being properly identified in the field by an inscribed brass washer placed on an iron pipe and set in concrete; thence South 01 degrees 29' 50" East 2,639.88 feet to the South quarter corner of Section 9 and 10, thence North 02 degrees 56' 46" West, 775.11 feet to Corner I- C, thence South 01 degrees 29' 50" East, 70.62 feet to corner 11-C identified by a " diameter X 30' long steel rod, being also the point of beginning for the following described tract of land, said location being also the Nor therly right of way boundary of County Road designated as Columbia Avenue and the Westerly right of way boun dary of Olson Road; thence Westerly along a 11,489.2 foot radius curve for a total arc length of 2,340.41 feet to the left thru the following arc lengths: 11-C to 10-C, 575.69 feet; 10-C to 9-C, 601.59 feet; 9-C to 8-C, 601.59 feet; 8-C to 7-C, 561.54 feet, each location is identified by a " diameter X 30" long rod set approxi mately 4 inches above the ground, thence continuing Southwesterly 7-C to 6-C along a 1,502.67 foot radius curve to the left for an arc length of 623.74 feet; thence continuing along the Northerly right of way boundary of Columbia Avenue South 64 degrees 15' 10" West 198.06 feet 4-A to 5-A and 4-E, said location being identified by a " diameter X 30" long steel rod; thence ; continuing on tangent South 64 degrees 15' 10" West 1,363.07 , feet 4-E tol-E, said location ! being identified by a 1" (j . diameter steel rod set in," concrete being also the North- ' easterly boundary street in- tersection for North Main Street and Columbia Avenue; thence North 25 degrees 45' West along the Northeasterly boundary of North Main Street, 260.00 feet to 2-E, said location being identified by a 1" diameter steel rod set in concrete; thence North 64 degrees 15' 10" East, 2,868.90 feet 2-E to 7-F being identified by a " diameter X 30" long steel rod; thence Northeast erly along a spiral with an angle of 0 degrees 21' 00" and a spiral arc length of 97.07 feet 7-F to 8-F being identifies by a " diameter X 30" long steel rod; thence South 88 degrees 00' East, 239.30 feet 8-F to 9-F identified by " diameter X 30" long steel rod; thence North 05 degrees' 20' East, 126.85 feet 9-F to 10-F identi fied by " diameter X 30" long steel rod; thence North easterly along the arc of 11,359.16 foot radius curve an arc distance of 1,326.66 feet 10-F to U-F identified by a " diameter X 30" steel rod; thence South 77 degrees 14' 50" East 268.26 feet U-F to 12-F identified by a " diameter X 30" long steel rod, said location being also on the Westerly right of way boun dary of Olson Road; thence South 01 degrees 29' 50" East, 1,409.62 feet to a " diameter X 30" long steel rod 12-F to II- C and point of beginning for the above described tract of land containing 65.42 acres, more or less, all situated withing the City limits of the City of Boardman, Morrow County, State of Oregon. Published Feb. 23, Mar. 2, 9, 16, 1978 NOTICE OF SALE OF USED SCHOOL BUS Morrow County School Dis trict has for sale 1 1967 Chev School bus with a 48 passenger Thomas Body. Bus has a bad 327 engine and needs overhaul. Bids may be submitted by letter or bidders may request a bid form from the Morrow County School District Office. Bids will be opened Friday, March 17, 1978 at 2:00 p.m. Property can be seen at the District Bus Shop in Heppner from 7:30 a.m. to 4:00 p.m. Address all bids or informa tion requests to: Morrow County School District Box 368 Lexington, Oregon 97839 989-8123 Published March 9, 1978 OREGON CIRCUIT COURT FOR MORROW COUNTY In the Matter of the Probate of the Estate of WILLIAM WASHINGTON WEATHERFORD, Deceased NOTICE TO INTERESTED PERSONS NO. 1789 NOTICE IS HEREBY GIVEN that the undersigned has been appointed and has qualified as the personal representative of said estate. All persons having claims against said estate are herby required to present the same, with proper vouchers, within four months after the date of first publication of this notice, as stated below, to the personal representative at the offices of Robert B. Abrams, Attorney at Law, 274 N. Main, Heppner, Oregon 97836, or they may be barred. All persons whose rights may be affected by the proceedings in this estate may obtain additional information from the records of the Court, the personal representative, or the attorney for the personal represenattive. Dated and first published: March 2, 1978. -s-Marion Weatherford Personal Representative P.O. Box 428 Heppner, Oregon 97836 Published March 2, 9, 16, 1978. In the Circuit Court of the State of Oregon ' for the County of Morrow Probate Department Estate of OMAR RIETMANN, Deceased. -' No. 1790 Notice to Interested Persons Probate proceedings in the estate of Omar . Rietmann, deceased, are now pending in the above entitled court, wherein Omar E. Retimann, the undersigned, has been appointed and has qualified as the personal representative of said estate. All persons having claims against said estate hereby are required to present them, in due form, within four months after the date of the first publication of this notice, as stated below, to the undersigned at the following address now designated as the place for the presentation of claims, to-wit: Winter & Sweeney, 471 N. Main, P.O. Box 582, Heppner, Oregon 97836. All persons whose rights may be affected by the said probate proceedings may ob tain additional iiifoi mation from the records of the court, the undersigned personal re presentative or the tatter's attorneys who are Winter & Sweeney, Box 582, Heppner, Oregon 97836, 676-9456. Personal Representative: Omar E. Rietmann, Box 372, lone, Oregon, 97843, 422-7489. Published March 9, 16, 23, 1978. NOTICE OF ELECTION Upon the question of levying a tax outside the 6 per cent limitation and election of Director and local committee members. NOTICE IS HEREBY GIV EN that an election will be held on April 4, 1978 between the hours of 8:00a.m. and 8:00 p.m. The reasons for such elec-, tion is to: 1. Submit to the voters of the district the question of levying a tax for the year 1978-79 outside the 6 per cent limita tion in the amount of $2,067,639 for the purpose of furnishing funds for the operation and Public maintenance of the Morrow County School District which cannot be furnished within the current tax base of $523,773. 2. Elect a director for the district board from Zone I. 3. Elect advisory committee members to the Heppner-Lex-ington Advisory committee; the lone Advisory Committee; and the Boardman-Irrigon Advisory Committee. Polling places will be: Heppner Elementary School, District Office at Lexington, lone High School, Riverside High School, Morrow County Office Building in Irrigon. Signed : Sadie Parrish County Clerk Signed: Pauline Winter Chairman, Board of Directors Published March 2, 9, 1978 U.S. DEPARTMENT OF AGRICULTURE Forest Service Portland, Oregon LAND EXCHANGE NOTICE Notice is hereby given that Kinzua Corporation, of Hepp ner, Oregon, has made appli cation under the Act of March 20, 1922, as amended (16 U.S.C. 485, 486) to exchange the following described lands in the Umatilla National Forest: Willamette Meridian, Oregon T. 5S., R. 33 E., W.M. (Umatilla County) Section 21, NEV4SWV4 T. 7 S., R. 23 E., W.M. (Wheeler County) Section 12, portion SEV4SWV4, portion SWVSEV4 Section 13, portion E'4NWV4l SWV4, SMiSEVi Section 14, EHSEV T. 7 S., R. 24 E., W.M. (Wheeler County) Section 7, Lots 1 and 2, NE'4, SE4NW4, NEV4SWV4, SEy4SEy4 . Section 18, Lots 3 and 4, NEV4NEV4, SV4NEV4, EMiSWV4, SEy4 containing 1,272,72 acres, more or less, for National Forest land in the Umatilla National Forestt described as follows: (' Willamette Meridian, Oregon T. 5 S., R. 28 E., W.M. (Morrow County) Section 5, SWy4SWy4 T. 6 S., R. 25E., W.M. (Morrow County) Section 31, SE'4SWy4, SW'4SEy4 Section 32," portion of swv, SE4 Section 33, SWy4NWy4, Nwyswy4, sswy4, swy4SEy4 Section 34, NEy4SWy4, sswi4, SEy4 T. 7S., R. 24E., W.M. (Wheeler County) Section 6, Lots 6 and 7, swyNEy4, , SEy4Nwy4, E'swy4, wSEy4 containing 1,198.80 acres, more or less. Persons claiming said pro perties or having valid objec tions to the proposed exchange must file their claims or objections with the Regional Forester, U.S. Forest Service, P.O. Box 3623, Portland, Oregon 97208, within 30 days after date of the first publica tion of this notice. Published March 9, 16, 23, 30, 1978 NOTICE OF ABANDONED PROPERTY To whom it may concern: The following vehicles or parts of vehicles have been left abandoned since Nov. 9, 1977 on or near Three Mile Canyon Road south of Free way 80. A storage charge from Nov. 9, 1977 is being charged. 1. 1970 Ford LTD, black & white, 4 door, serial. No. 9D664125847. 2. Around a 1957 Red Dodge Truck, serial No. 111102348. 3. Nashua Trailer Home, Model AYB2-FK658, serial No. 14794, license No. V15927 Washington. 4. Truck bed no identifying marking or numbers. If not claimed by August 1978, the above vehicles will be claimed by William F. Hol stein per ORS98.005 Section 1 It Section 2 Rights and Duties of Finders. -s-William F. Holstein Published Mar. 2, 9, 16, 1978 Notice CALL FOR BIDS Request for bids on gasoline and diesel oil Notice is hereby given that sealed bids will be received by the Morrow County Court, at the office of the County Judge in Heppner, Oregon, for ap proximately 55,000 gallons of first structure gasoline and 45,000 gallons of diesel type fuel oil, to be delivered at either Heppner or Lexington, Oregon, at a maximum price per gallon, for the period beginning April 1, 1978 to March 31, 1979. The county will accept bids based on truck and trailer or tank truck deliveries. O Kinzua Barbara Pike Wheeler Archers Team Take First The Wheeler County Ar chers handicap team of Vir ginia Sitton, Mickey Sharp, John Weaser and Verlin Conner placed first in the Handicap Team event at the East District Tournament held in Bend last Sunday. Virginia Sitton was the indivi dual high scorer in the Wo mens Free Style, Limited. Pat Bell and Lavina Conner shot as individual shooters. The first place teams and individuals from the district meet will compete at the state meet to be held at the Bend Bowmans Indoor Range on April 1-2. The big news in Kinzua Camp Five this week is the district basketball tourna ment in The Dalles last weekend and the State B tournament coming up in Baker next weekend. I was pleased to see the very large crowd of Falcon fans on hand to watch the girls defeat Arlington Thursday after noon. Friday night all the Falcon fans who could make it ; KB 8 8 B 8 B"B"8'8"8"8"BTnf 8 8 8 81 With Sclzd Bsr -Vw.? . - MARCH 11 Served 6-7:30 p.m. LElCIfJGTOfJ GRAfJGi HALL Pinochle $1 C ELigo (Ccrd) 10 This Message Sponsored In BAjSJKOF : JZasrem Urea on Member: Federal Deposit Insurance Corporation ' m impitinnHiniiiHi iiummu NOTICE: THE FOLLOWING PRECINCTS WILL tl CONSOLIDATED FOR THE MORROW COUNTY SCHOOL DISTRICT R-l end BLUE ML ED. DISTRICT: Predict 6, 7, 8, 9 end 2 wi3 be 1 precinct. Sadie Parish County Clerk All bids submitted must be on standard company contract forms or contain complete information relative to . the bid. Sealed bids will be opened at the March 15 meeting of the i Morrow County Court at 1:30 j p.m. Any bid received afterv? 2:00 p.m. of the above date will not be considered. The Morrow County Court reserves the right to reject t any or all bids received, or to.v A tl Uffl OTIShct fauAP. .. accept inuac uiua miov able to Morrow County, j - MORROW COUNTY COURT v Delwin O. Nelson, Judge,-, Published Feb. 23, March 2, B and 9. 1978 news 768-2861 to The Dalles were present to ' : see if the girls could win against the Culver team that ' came within four points of defeating them at Culver just a few weeks ago. Not only did ( ' the girls win by 18 points to;r take the girls district cham-' ' pionship, they also won thej sportsmanship award for their ' fine conduct on the floor-1" something they can be truly proud of. Ray and Betty O'Neal and daughter Donna and Audrey Jackson went to Hermiston !; Saturday on business. . . ) Arlet and Bonnie Campbell ; went to Redmond Saturday to, , visit with Arlet's mother Mrs, '1 Velma Campbell who is a patient at the hospital in that city. r, Hershel and Betty Murdock, their grandson Pat Bell and -houseguest Katherine Wil-. liams went to Bend Sunday to attend the archery tourna ment. Also observing the tournament was another Kin zua resident Jack Sitton, whose wife wife Virginia was a member of the handicap' team.'' '. - ITM 1855881111 1 I ITTT .. 31 3 F02 ADULTS CKILDSKJ 112 3 1? V The Public Interest By d 1 7 ) ) i , .J $4 4 9