Heppner Gazette-Times, Heppner, Oregon Wednesday, Apnl 18, 2001 - FIVE
PUBLIC NOTICE
H eppner E lem en tary nam es
M arch stu d en ts o f th e m onth
Heppner Elementary School has
named the March Students o f the
Month. Following are the students
who have been selected:
Citizenship-Jordan Jones, Garnett
Robinson, Jared Huddleston, Ashley
Wolff, Taylor Disque, Tony
Lankford, Mahaley Huddleston,
Luke Basile. Ben McCarl, Justin
Yocom, Baillie Keithley, Michael
Hawks, Andrew Bara, Zach Hmtz,
Conner Pappas.
Hard work-Jake VanDoom,
Colton Hanson, Jessica Heliker,
PUBLIC NOTICE
Caleb Maben, Matt Holland, Spencer
Palmer, Colter Raver, Tyler
Robinson, Shaelee Arbogast, Tim
Nelson, Jacob Moore, Hanna
Lovgren, Megan Orr. Cyde Coil.
Teri Straley, Joe Armato, Hannah
Jones, Logan Wanous.
Kindness-Lanssa Gray, Emily
McDaniel, Amber Gray, Johnathan
Hendncks, Cortney Burford, Dillion
Lutcher, Jake VanDoom, Baillie
Keithley, Regi Seitz, Stephanie Irby,
Edgar Ramirez, Jared Hedman, Katy
West, Seth Palmer.
Chorale, singers to present program
The Inland Northwest Chorale
and Willow Creek Singers will
present "Songs o f the Spirit" on
Saturday, Apnl 28, at 7:30 p.m. in
the Lexington Baptist Church at
170 "B" Street in Lexington. This
is a free concern and everyone is
invited to attend.
The group is directed by R. Lee
Friese. These groups are both
member organizations of the Inland
Northwest Musicians.
For more information, call 966-
6649 or 276-1748.
P U B LIC N O T IC E
TRUSTEE’S NOTICE OF SALE
Reference is made to that certain trust deed made by PETER L.
MAHNOKINI and FLORENCE A. MAHNOKTNI, as grantor, to FIRST
AMERICAN TITLE INS. CO., as trustee, in favor of BANKAMERICA
HOUSING SERVICES, A DIVISION OF BANK OF AMERICA, FSB,
as beneficiary, dated May 13,1997, xx..., recorded June 27, 1997, xx...,
in the mortgage records of Morrow County, Oregon, in book/xxx No.
M at page 58744, xxxxxx covering the following described real property
situated in said county and state, to-wit:
Lot 9, Maple Leaf Terrace, in the City of Irrigon, County of Morrow,
and State o f Oregon.
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 default has been recorded pursuant 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:
See attached Exhibit "A"
By reason of said default the beneficiary has declared all sums owing
on the obligation secured by said trust deed immediately due and payable,
said sums being the following, to-wit:
See attached Exhibit "A"
W HEREFORE, notice hereby is given that the undersigned trustee
will on May 25,2001, xx..., at the hour o f 12:00 o'clock P.M., in accord
with the standard of time established by ORS 187.110, at Morrow County
Courthouse, 100 Court Street in the City o f Heppner, County of Morrow,
State o f Oregon, 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 execution by grantor o f the said trust
deed, together with any interest which the grantor or grantor's successors
in interest acquired after the execution of said trust deed, to satisfy the
foregoing obligations thereby secured and the costs and expenses of
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
proceeding dismissed and the trust deed reinstated by payment to the
beneficiary of the entire amount then due (other than such portion o f
the principal as would not then be due had no default occurred) and by
curing any other default complained o f herein that is capable of being
cured by tendering the performance required under the obligation or
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
incurred in enforcing the obligation and trust deed, together with trustee's
and attorney's fees not exceeding the amounts provided by said 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 said trust deed, and the words "trustee" and "beneficiary" include
their respective successors in interest, if any.
DATED JANUARY 4, 2001
/s/ JAMES P. LAURICK
Successor Trustee
State o f Oregon, county o f ..... ss:
I. the undersigned, certify that I am the attorney or one of the attorneys
for the above named trustee and that the foregoing is a complete and
exact copy o f the original trustee's notice o f sale.
Attorney for said Trustee
EXHIBIT *A*
DEFAULT AMQt.'NT
Payment Date
Amount
Insurance
l/U/OO
$0 00
$16.42
2/1J/00
$431.37
$17 84
J /U /0 0
$431.37
S i 7 84
4/13/00
$431.37
$17 84
5/1J/00
$431.37
$17.84
6 /IJ/0 0
$488.89
SI 7 84
7/13/00
$411.19
$17.84
« / l 3/00
$41819
$1784
9/13/00
$418.19
$21 32
10/13/00
$488 89
$0 00
11/13/00
$48889
$20 27
12/13/00
$48889
$0 00
TOTAL
SS.147.71
$182 89
T O T A L D L E A N D O W IN G
Principal
Interest (as o f December I. 2000)
Late Charges
Less Credit
Total
SS4.J02.J4
S4.7JS.S2
S
62. SI
t
1.42
$39,1)99,02
Per diem of $13 44
Published: April 4, 11, 18 and 25, 2001
Affid
»
TRUSTEE'S NOTICE OF SALE
Reference is made to that certain
trust deed executed and delivered
by Charles J. Fasciona, Jr. and Mary
E. Fascoma, as grantors, to
AmeriTitle, as trustee, to secure
certain obligations in favor of Mike
Smith, as beneficiary, dated May
14, 1998, recorded July 16, 1998,
in the mortgage records of Morrow
County, Oregon, in Book M, page
54787 and re-recorded on September
16, 1998, in Book M, page 55632,
covering the following described
real property situated in said county
and state, to-wit:
Beginning at a point 843.00 feet
West of the Southeast comer of
Section 23, Township 5 North,
Range 26, East of the Willamette
Meridian, in the County of Morrow
and State of Oregon, said point being
the True Point of Beginning of this
description; Thence North 610.00
feet to the South boundary of the
old Highway No. 730' Thence
Westerly along the South boundary
o f said Highway 730, 545.00 feet;
Thence Southerly 635.00 feet to
the South boundary of Section 23;
Thence Easterly along the Section
line 545.00 feet to the true point
o f beginning of this description.
Also known as Lots 1 through
6 of Sunnyside Park Subdivision,
Morrow County, Imgon, Oregon.
Both the beneficiary and the
trustee have elected to sell the said
real property to satisfy the
obligations secured by said trust
deed and to foreclose said deed by
advertisement and sale; the default
for which the foreclosure is made
is grantor's failure to pay when due
the following sums owing on said
obligations, which sums are now
past due and owing:
Delinquent installments:
Principal
$ 26,942.89
Interest
$ 1,1049.67
Delinquent real property taxes
$ .00
Other liens constituting defaults
$ .00
By reason o f said default the
beneficiary has declared the entire
unpaid balance o f all obligations
secured by said trust deed together
with the interest thereon,
immediately due, owing and
payable, said sums being the
following, to-wit:
Delinquent installments:
Principal
$ 26,942.89
Interest
$ 1,049.67
Delinquent real property taxes
$ .00
Other liens constituting defaults
$ .00
A notice o f default and election
to sell and to foreclose was duly
recorded February 23,2001, in Book
M, page 406, o f said Morrow
County, Oregon mortgage records,
reference thereto hereby being
expressly made.
WHEREFORE, NOTICE IS
HEREBY GIVEN that the
undersigned successor will on
Friday, the 13th day o f July, 2001,
at the hour of 10:00 o'clock, a.m.
Pacific Daylight Savings Time, as
established by Section 187.110,
Oregon Revised statutes, at the
Morrow County Courthouse, 100
Court Street in the City of Heppner,
County of Morrow, State of Oregon,
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 o f the execution
by him of the said trust deed,
together with any interest which
the grantor or his successors in
interest acquired after the execution
o f said trust deed, to satisfy the
foregoing obligations thereby
secured and the costs and expenses
o f sale, including a reasonable
charge by the trustee. Notice is
further given that any person named
in Section 86.753 ofOregon Revised
Statutes has the right to have the
foreclosure proceeding dismissed
and the trust deed reinstated by
payment of the entire amount due
(other than such portion of said
principal as would not then be due
had no default occurred) together
with costs, trustee's and attorney
fees at any time prior to five days
before the date last set for the sale
In construing this notice and
whenever the context hereof so
requires, the masculine gender
includes the feminine and the neuter,
the singular includes the plural, the
word "grantor" includes any
successor m interest to the grantor
as well as any other person owing
an obligation, the performance of
which is secured by said trust deed,
and their successors in interest; the
word "trustee" includes any
successor trustee and the word
"beneficiary" includes any successor
s
in interest of the beneficiary named
in the trust deed.
IN THE CIRCUIT COURT
DATED at Heppner, Oregon this
OF THE STATE OF OREGON
26th day o f February, 2001.
FOR THE C OUNTY
/s/ William J. Kuhn,
OF MORROW
Attorney for Successor Trustee
Probate Department
STATE OF OREGON
)
In the Matter o f the Estate of:
)ss.
MARGUERITE LOUISE
County of Morrow
)
DeZOETE,
I,
the undersigned, certify that
Deceased.
I am the attorney or one of the
No. 01 PR 009
attorneys for the above named
NOTICE TO INTERESTED
trustee; that I have carefully
PERSONS
compared the foregoing copy of
Notice is given that the
trustee's notice of sale with the
undersigned has been appointed
original thereof and that the and has qualified as the personal
foregoing is a true, correct and exact representative of the estate. All
copy of the original trustee's notice persons having claims against the
of sale and o f the whole thereof.
estate are required to present it, with
DATED at Heppner, Oregon, proper vouchers, within four months
this 26th day o f February, 2001.
after the date o f first publication
of this notice, as stated below, to
Is/ William J. Kuhn,
the personal representative at the
Attorney for Successor Trustee
Published: Apnl 4, 11,18, 25,2001 offices o f Kuhn & Spicer, 269A
Affid_______________________ N. Main Street. P.O. Box 428,
Heppner, Oregon 97836, or they
may be barred.
IN THE CIRCUIT COURT OF
All persons whose rights may
THE STATE OF OREGON
be affected by the proceedings in
FOR THE COUNTY OF MORROW this estate may obtain additional
JOHN L. BRITT and NELLA L. information from the records of the
BRITT,
court, the personal representative
husband and wife,
or the attorney for the personal
Plaintiffs, representative.
vs.
DATED and first published Apnl
The unknown heirs o f WILMA 4, 2001.
McTIMPENY, aka Wilma M.
/s/ Leo G. DeZoete,
McTimpeny,
Personal Representative
deceased,
63118 Rhea Creek Road
Defendants.
lone, OR 97843
Case No. 01 CV027
Published: Apnl 4, 11, 18,25,2001
SUMMONS
Affid
(Quiet Title)
NOTICE TO: THE HEIRS OF
WILMA McTIMPENY aka Wilma REQUEST FOR COMMENTS
M. McTimpeny
HEPPNER RANGER
NOTICE TO DEFENDANT:
DISTRICT
READ THESE PAPERS
FY 2001 PRECOMMERCIAL
CAREFULLY!
THINNING CE
You must "appear" in this case
The Heppner Ranger District
or the other side will win is conducting an Environmental
automatically. To "appear" you must Analysis on the proposed Lodgepole
file with the court a legal paper pine
and
mixed
species
called a "motion" or "answer". The precommercial thinning. All units
"motion" or "answer" must be given are located either in Wheeler County
to the court clerk or administrator or Morrow County Oregon and
within thirty (30) days from the date cover 14 sub watersheds on the
of first publication to this Summons Heppner Ranger District.
as set forth below, along with the
The District proposes to
required filing fee. It must be in precommercial thin dense stands
proper form and have proof of of lodgepole pine and some mixed
service on Plaintiffs' attorney or, species stands to a more acceptable
if the Plaintiffs do not have an stocking level and lead the stands
attorney, proof o f service on the toward a more desirable future
Plaintiffs.
condition.
If you have any questions, you
If approved, this project would
should see an attorney immediately. be completed during the fall o f2001.
If you need help in finding an Please contact Michael Bums at
attorney, you may call the Oregon the address below for a full project
State Bar’s Lawyer Referral Service description and map.
at (503)684-3763 or toll free in
Comments regarding this project
Oregon at (800)452-7636.
must be received by May 17. 2001.
SUMMARY STATEMENT
Written comments should be
In accordance with ORCP 7 addressed to Andrei RykotT. District
D(6)(a), you are notified that the Ranger, P.O. Box 7. Heppner, OR
object of the Complaint and demand 97836. Oral comments can be
for relief is to quiet title of the real submitted bv telephone at (541) 676-
property described below in 9187.
Plaintiffs and eliminate any estate, Published: April 18, 2001______
title or interest, if any, of said
Defendants therein or any part
The Council for the City of
thereof, to wit:
Heppner,
Oregon will conduct a
All of Lot Five (5), Block Four
public
hearing
at 7:00 P.M. on May
(4) in Jones' Addition to Heppner,
14.
2001
at
Heppner
City Hall. 188
Morrow County, Oregon, EXCEPT:
North
West
Willow
Street
regarding
The following described tract sold
a
violation
of
City
Ordinance
No.
to the City of Heppner on the 18th
day o f April, 1938, described on 474, an ordinance Abating Nuisance
the Deed Record 41610 as follows: for Accumulation of Solid Waste
Beginning at the Southwest comer and Fire Hazards.
The following property is in
of Block Four (4), Jones' Addition
violation
of the ordinance because
to the City o f Heppner, Oregon,
of
deposits
of solid wastes scattered
thence East along the South side
about
the
premises
that create a fire
of said Block Four (4) seventy (70)
hazard and harborage for rodents
feet, thence in a Northwesterly
and insects and is injurious to the
direction to a point thirty-nine (39)
health, safety and general welfare
feet East of the Northwest comer
of Lot Five (5) of said Block Four o f the people.
(4), thence West along the North
1.485 S Court St., Map 2S 26
line of said Lot Five (5), thirty-two 35BC, Lot #9700
(32) feet to the Northwest comer
2. 280 S Matlock. Map 2S 26
o f said Lot Five (5), thence South 35BC, Lot #8600
to the place o f beginning.
3. 475 Water St.. Map 2S 26
The date o f first publication of 27DD, Lot #1400
Published: April 18, 2001______
this SUMMONS is the 28 day of
March, 2001.
FLOYD C. VAUGHAN.
OSB #78416
Trial Attorney, o f Attorneys
for Plaintiffs
1950 3rd Street - P.O. Box 965
Morrow County District
Baker City, OR 97814
Attorney David C. Allen has
(541) 523-4444
released the following report:
Published. March 28, April 4, 11
Noe Emanuel Sanchez
and 18, 2001
plead guilty to Criminal Trespass
Affid_______________________
2.
He was sentenced to 12
months' probation and ordered to
have no offensive physical
A story about the
contact with the victim. Sanchez
Lexington Grange that appeared
also plead guilty to Assault 4 and
in last week's Gazette-Times was
Harassment 2 He was sentenced
incorrect.
to 180 days in jail, suspended on
The Grange has nearly
the condition that he complete all
300.000 members in 3,600 local
conditions o f probation, and 24
granges across 37 states, not 300.
months' bench probation He was
also ordered to have no offensive
contact with the victim and to
complete an alcohol program, a
domestic violence program and
pay S I.369 in fines, fees and
Heppner G a ze tte -T im e s
assessments.
PUBLIC NOTICE
PUBLIC NOTICE
PUBLIC NOTICE
DA 's Report
Correction
WE PRINT
LETTERHEAD
PUBLIC NOTICE
NOTICE OF HEARING
Hie Morrow County Court will
hold a public hearing at 10:00 a m.
on Wednesday, May 2, 2001, at the
Morrow County Courthouse, 100
Court Street, Heppner Oregon to
hear public comment upon the issue
of annexation of territory into the
Heppner Rural Fire Protection
District. ITie territory proposed to
be annexed takes in approximately
7,670 acres. The purpose o f the
annexation is to provide the services
of the district to the property of the
petitioners. The legal description
of the property to be annexed is as
follows: Beginning'at a point that
is the NE comer of Section 22,
Township 3 South, Range 25 EWM:
thence West along the section line
to the SE comer of the SW'/< of
Section 16: thence North 990 feet:
thence West 1320 feet; thence
Southwesterly to the intersection
with the North-South centerline of
Section 20 that is 1650 feet North
of the center of Section 20; thence
South 1650 feet to the center of
Section 20; thence West to the
Northwest comer of the SW'/<
Section 20; thence South to the
Southwest comer Section 20; thence
West to the Northwest comer
Section 30; thence South to the
Southwest comer Section 31; thence
continuing South along the section
line of Section 6. Township 4 South.
Range 25 EWM to the Southwest
comer of said Section 6; thence East
to the Southeast comer Government
Lot 4 Section 6; thence South to
the Northeast comer Government
Lot 4 Section 7; thence East to the
intersection with the Northerly line
of County
Road;
thence
Northeasterly along Northerly line
of County Road to the intersection
with the East line of the SW'/« NW'/«
Section 8; thence North to the
Southw est comer of NE1/« NW'/<
Section 8; thence East to the
intersection with the Northerly line
of State Highway 207; thence
Northeasterly along the Northerly
boundary line of said State Highway
to the intersection with the North
line of Section 3: thence West along
the North line o f Section 3 to the
Northwest comer; thence North to
the Northeast comer of the SE1/«
SE'/« of Section 33, Township 3
South. Range 25 EWM: thence West
to the Northw est comer of the SW'/«
SE1. «; thence North to the Northwest
comer of the SE1/«; thence East to
the Southeast comer of the SW 1/«
NE1/«; thence North to the Northwest
comer of the NE'/« SE'/« Section
28; thence East to the Southeast
comer of the SW'/« NE'/< Section
27; thence North to the Northeast
comer of the NW'/« NE%; thence
East to the Northeast comer Section
27; thence North to the point of
beginning.
Any person may appear and be
heard.
Published: April 18 and 25, 2001
Chamber Chatter
By Claudia Hughes
Chamber Executive Director
Next week the Heppner Chamber
o f Commerce will celebrate
Secretaries' Day on Tuesday. Apnl
24, with lunch at the Elks, catered
by the Lady Elks. Spouses are
welcome to attend. Chamber
members are asked to respond by
Friday, April 20. to the chamber
at 676-5535. Entertainment will
be provided.
New members joining the
chamber are Dr. Kenneth and Bonnie
Wenbcrg. who keep busy running
the Willow Creek Clinic and Artisan
Village. For those who haven't
visited the Artisan Village, go by
and take a peek. I ocals testify that
making baskets is a great craft and
addictive. Just ask our Thursday
chamber volunteer Ginger Keithley.
Also added to the chamber roster
is Richard Maxwell Construction.
Welcome all.
What a busy w eekend ahead for
Heppner. Let's hope spring returns
as people walk the MS Walk,
starting with breakfast at All Saints
Fpiscopal Church; participate in
the South Morrow County Golf
Tournament at Willow Creek
Country Club; or attend the High
School Rodeo and the Queen's
Coronation at the Morrow County
Fairgrounds. Heppner, "We Feel
Good All Over."
Chamber programs ahead: next
week, secretaries will be honored;
May 1. all entities report; May 8,
Commission On Children and
Families; May 15, FiberOptic Loop;
May 22. Representative Smith
conference call. The chamber is
currently meeting at G & D's Linger
Longer restaurant
Thought for the week:
"Opportunities are never lost;
someone will take the ones you
miss."
i