TEN- Heppner Gazette-Times, Heppner, Oregon
egon Revised Statutes, at AT
THE COURT STREET EN
TRANCE TO MORROW
COUNTY COURTHOUSE
100 COURT STREET City of
HEPPNER, County of MOR
ROW, State of Oregon, sell at
public auction to the highest
bidder for cash the interest in
the said described real proper
ty which grantor had or had
power to convey at the time of
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 of said trust
deed, to satisfy the foregoing
obligations thereby secured
and the costs and expense of
sale, including a reasonable
charge by the trustee. Notice
is further given that any per
son named in Section 86.753
of Oregon Revised Statutes
has the right to have the 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 said
principal as would not then be
due had no default occurred),
together with the costs, trust
ee’s and attorney's fees and
curing any other default com
plained of in the Notice of De
fault by tendering the perfor
mance required under the obli
gation or trust deed, at any time
prior to five days before the
date last set for sale.
In construing this notice, the
masculine gender includes the
feminine and the neuter, the sin
gular includes plural, the word
“grantor” includes any succes
sor in interest to the grantor as
well as any other persons ow
ing an obligation, the perfor
mance of which is secured by
said trust deed, the words
“trustee” and “beneficiary” in
cludes their respective succes
sors, in interest, if any.
Dated: September 12,2003
CAL-WESTERN RECON
VEYANCE CORPORATION
525 EAST MAIN STREET
P.O. BOX 22004
EL CAJON CA 92022-9004
CAL-WESTERN RECON
VEYANCE CORPORATION
Signature/By: /s/ Yvonne J.
Wheeler, A.V.P.
EXHIBIT “A"
Township 2 South, Range 26,
East of the Willamette Meridi
an, in the County of Morrow
and State of Oregon.
Section 34: Beginning at the
Southwest Comer of the South
east Quarter of the Southeast
Quarter and lying on the cen
terline of the Heppner-Spray
Highway; Thence East a dis
tance of 241.12 feet along the
South line of said Section 34 to
a point, said point being the True
Point of Beginning of this de
scription; Thence continuing
East along the South line of said
Section 34, a distance o f
125.75 feet to the Southwest
comer of Block 12 of Wells
Addition to the City of Hepp
ner; Thence North 34°30' East
a distance of 207.90 feet to a
point; Thence North 54°30'
West a distance of 396.00 feet
to a point, said point being the
Northwest comer of Block 12
of Wells Addition to the City
of Heppner; Thence South
westerly to the Northwest Cor
ner of that property deeded to
Lowell R. and Tonya A. Jones
by that deed as recorded in
Morrow County Deed Records
as M-33545 on August 18,
1989; Thence Southeasterly
along the Northeast line of the
Jones property to the North
easterly Comer of the Jones
property; Thence Southwest
erly along the Southeasterly line
of the Jones property to the
Southeasterly Corner of the
Jones property; Thence South
40°00' East a distance of 75.00
feet to a point; Thence South
erly a distance of 100.00 feet,
more or less, to the True Point
of Beginning of this descrip
tion.
Published: October 15,22,29,
and November 5, 2003
Affid (2)
All News &
Advertising
Deadline:
Mondays
at 5 p.m.
i
Wednesday, October 15, 2003
PUBLIC NOTICE
Copyright Notice
Copyright Notice: All rights
reserved re common-law copy
right o f trade-nam e/trade-
mark, JAN VERMEER© -as
well as any and all derivatives
and variations in the spelling of
said tradename/trade-mark-
Common Law Copyright @
1973 by Jan Vermeer©. Said
com mon-law trade-nam e/
trade-m ark, JAN V ER
MEER C , may neither be used,
nor reproduced, neither in
whole nor in part, nor in any
manner whatsoever, without
the prior, express, written con
sent and acknow ledgement of
Jan Vermeer© as signified by
the red-ink signature of Jan Ver
meer©, hereinafter “Secured
Party.” With the intent of be
ing contractually bound, any
juristic person, as well as the
agent of said juristic person,
consents and agrees by this
Copyright Notice that neither
said juristic person, nor the
agent of said juristic person,
shall display, nor otherw ise use
in any manner, the common-
law trade-nam e/trade-m ark
JAN VERMEER©, nor the
common-law copyright de
scribed herein, nor any deriva
tive of, nor any variation in the
spelling of, JAN VERMEER©
without the prior, express, writ
ten consent and acknowledg
ment of Secured Party, as sig
nified by Secured Party’s sig
nature in red ink. Secured Party
neither grants, nor implies, nor
otherwise gives consent for
any unauthorized use of JAN
VERMEER©, and all such
unauthorized use is strictly pro
hibited. Secured Party is not
now, nor has Secured Party
ever been, an accommodation
party, nor a surety, for the pur
ported debtor, ie, “JAN VER
MEER,” nor for any derivative
of, nor for any variation in the
spelling of, said name, nor for
any other juristic person, and
is so-indemnified and held
harmless by Debtor, i.e. “JAN
VERMEER.” in Hold-harm
less and Indemnity Agreement
No. JV-030473-HHIA dated
the Fourth Day of the Third
Month In the Year of Our Lord
One Thousand Nine Hundred
Seventy-three against any and
all claims, legal actions, orders,
warrants, judgments, demands,
liabilities, losses, depositions,
summonses, lawsuits, costs,
fines, liens, levies, penalties,
damages, interests, and expens
es whatsoever, both absolute
and contingent, as are due and
as might become due, now ex
isting and as might hereafter
arise, and as might be suffered
by, imposed on, and incurred by
Debtor for any and every rea
son, purpose, and cause what
soever. Self-executing Con-
tract/Security Agreement in
Event of Unauthorized Use: By
this Copyright Notice, both the
juristic person and the agent of
said juristic person, hereinafter
jointly and severally “User,”
consent and agree that any use
of JAN VERMEER© other
than authorized use as set forth
above constitutes unauthorized
use, counterfeiting, of Secured
Party’s common-law copy
righted property, contractually
binds User, renders this Copy
right Notice a Security Agree
ment wherein User is debtor
and Jan Vermeer© is Secured
Party, and signifies that User:
(1) grants Secured Party a se
curity interest in all of User’s
assets, land, and personal prop
erty, and all of Users interest
in assets, land, and personal
property, in the sum certain
amount o f $500,000.00 per
each occurrence of use o f the
comm o n -law -co p y righted
trade-name/trade-mark JASi
VERMEER©, as well as for
each and every occurrence of
use of any and all derivatives
of, and variations in the spell
ing of, JAN VERMEER©, plus
costs, plus triple damages; (2)
authenticates this Security
Agreement wherein User is
debtor and Jan Vermeer© is
Secured Party, and wherein
User pledges all of Users as
sets, land, consumer goods,
farm products, inventory,
equipment, money, investment
property, com m ercial tort
claims, letters of credit, letter-
of-credit rights, chattel paper,
instruments, deposit accounts.
accounts, documents, and gen
eral intangibles, and all User’s
interest in all such foregoing
property, now owned and here
after acquired, now existing
and hereafter arising, and
wherever located, as collater
al for securing User’s contrac
tual obligation in favor of Se
cured Party for User’s unau
thorized use of Secured Par
ty’s common-law-copyrighted
property; (3) consents and
agrees with Secured Party’s
filing o f a UCC Financing
Statement in the UCC filing
office, as well as in any county
reco rd er’s office, wherein
User is debtor and Jan Ver
meer© is Secured Party; (4)
consents and agrees that said
UCC Financing Statement de
scribed above in paragraph
“(3)” is a continuing financing
statement, and further consents
and agrees with Secured Par
ty’s filing of any continuation
statement necessary for main
taining Secured Party’s per
fected security interest in all of
Users property and interest in
property, pledged as collateral
in this Security Agreement and
described above in paragraph
“(2),” until Users contractual
obligation theretofore incurred
has been fully satisfied; (5)
consents and agrees with Se
cured Party’s filing of any UCC
Financing Statement, as de
scribed above in paragraphs
“(3)” and “(4),” as well as the
filing of any Security Agree
ment, as described above in
paragraph “(2),” in the UCC
filing office, as well as in any
county recorders office; (6)
consents and agrees that any
and all such filings described
in paragraphs “(4)” and “(5)”
above are not, and may not be
considered, bogus, and that
User will not claim that any
such filing is bogus; (7) waives
all defenses; and (8) appoints
Secured Party as Authorized
Representative for User, effec
tive upon Users default re Us
ers contractual obligations in
favor of Secured Party as set
forth below under “Payment
Terms” and “Default Terms,”
granting Secured Party full au
thorization and power for en
gaging in any and all actions on
behalf of User including, but not
limited by, authentication of a
record on behalf of User, as
Secured Party, in Secured Par
ty’s sole discretion, deems ap
propriate, and User further
consents and agrees that this
appointment of Secured Party
as Authorized Representative
for User, effective upon User’s
default, is irrevocable and cou
pled with a security interest.
User further consents and
agrees with all of the following
additional terms of Self-execut
ing Contract/Security Agree
ment in Event of Unauthorized
Use: Payment Terms: In ac
cordance with fees for unau
thorized use of JAN VER
MEER© as set forth above,
User hereby consents and
agrees that User shall pay Se
cured Party all unauthorized-
use fees in full within ten (10)
days of the date User is sent
Secured Party’s invoice, here
inafter “Invoice,” itemizing said
fees. Default Terms: In event
of non-payment in full of all un
authorized-use fees by User
within ten (10) days of date In
voice is sent. User shall be
deemed in default and: (a) all
of User's property and prop
erty pledged as collateral by
User, as set forth in above in
paragraph “(2),” immediately
becomes, i.e. is, property of
Secured Party; (b) Secured
Party is appointed Users Au
thorized Representative as set
forth above in paragraph “(8)”;
and (c) User consents and
agrees that Secured Party may
take possession of, as well as
otherwise dispose of in any
manner that Secured Party, in
Secured Partys sole discretion,
deems appropriate, including,
but not limited by, sale at auc
tion, at any time following Us
ers default, and without further
notice, any and all of Users
property and interest, described
above in paragraph “(2),” for
merly pledged as collateral by
User, now property of Secured
Party, in respect of this “Self
executing Contract/Security
Agreement in Event of Unau
thorized Use,” that Secured
Party, again in Secured Party’s
sole discretion, deems appro
priate. Terms for Curing De
fault: Upon event of default, as
set forth above under “Default
Terms,” irrespective of any
and all of Users former prop
erty and interest in property,
described above in paragraph
“(2),” in the possession of, as
well as disposed of by, Secured
Party, as authorized above un
der “ Default Terms,” User
may cure Users default only re
the remainder of User’s said
former property and interest
property, formerly pledged as
collateral that is neither in the
possession of, nor otherwise
disposed of by. Secured Party
within twenty (20) days of date
of Users default only by pay
ment in full. Terms of Strict
Foreclosure: User’s non-pay
ment in full of all unauthorized-
use fees itemized in Invoice
within said twenty- (20) day
period for curing default as set
forth above under “Terms for
Curing Default” authorizes Se
cured Party’s immediate non
judicial strict foreclosure on any
and all remaining former prop
erty and interest in property,
formerly pledged as collateral
by User, now property of Se
cured Party, which is not in the
possession of, nor otherwise
disposed of by, Secured Party
upon expiration of said twen
ty- (20) day default-curing pe
riod. Ownership subject to
common-law copyright and
UCC Financing Statement and
Security Agreement filed with
the UCC filing office. Record
Owner: Jan Vermeer©, Auto
graph Common Law Copyright
@ 1973. Unauthorized Use of
“Jan Vermeer” incurs same
unauthorized-use fees as those
associated with JAN VER
MEER© as set forth above in
paragraph “(1)” under “Self
executing Contract/Security
Agreement in Event of Unau
thorized Use.”
Published: October 15, 22, 29
and November 5, 2003
Affid
Sheriffs Report
The M orrow County
Sheriff’s Office (MCSO) re
ports handling the following
business:
June 2 4 : M C S O ,
B o a rd m a n PD re c e iv e d a
r e p o r t fro m a c a ll e r in
B oardm an that there w as a
possible prowler.
-M C S O receiv ed a
report from a caller in Heppner
that a dog in the C ity pound
had been how ling for several
hours. T he caller does not
wish contact.
-M C S O receiv ed a
r e p o r t fro m a c a ll e r in
H erm iston that renters had
abandoned a dog with puppies
at a residence in Irrigon when
they m oved out.
-M C S O receiv ed a
report from a caller in Heppner
that her back yard had been
vandalized.
-M C S O receiv ed a
report from a caller in Heppner
that subjects were banging on
th e w all o f h e r h o m e the
previous night. No contact was
requested, she only wanted the
incident logged.
-M C S O rec e iv e d a
quest for a background check.
-M C S O rec e iv e d a
report that there w as w ater
over the roadw ay in irrigon
possibly from an Irrigon pond.
Morrow County Public Works
was notified.
-M C S O rec e iv e d a
report that a ladder was in the
road on 1-84 eastbound at mp
162.
-M C S O receiv ed a
report from a caller in Heppner
th a t th e r e w e re p e o p le
partying and breaking liquor/
beer bottles and leaving glass
all over the read.
-M C S O rec e iv e d a
rep o rt o f a m ale w ho had
sto p p ed at the w estb o u n d
Boardm an rest area who was
d r in k in g fro m an o p e n
container and then continued
along 1-84. The call was given
to OSP.
i
-M C S O rec e iv e d a vehicle belonged to. It had
report from a caller in Heppner been reported to her that the
that there w as a skunk in the vehicle was loaded with four
RV Park garage.
children who did not have child
-M C S O rec e iv e d a seats.
report from Lexington that a
-M C S O rec e iv e d a
su b ject w as a tte m p tin g to request for an ambulance from
have a vehicle released.
a caller in Irrigon for a 4-year-
-M C S O rec e iv e d a o ld w h o h a d f a lle n a n d
report from a caller in lone that fractured his forearm. Subject
tw o vehicle w ere racing on w as tra n s p o rte d to G o o d
H w y 74 at lone and had a Shepherd M edical C enter in
motor vehicle accident. One o f Hermiston.
the vehicles w as cu rren tly
-M C O S rec e iv e d a
parked at a residence in lone, report from a caller in Heppner
-M C S O rec e iv e d a that her antique dish and bowl
report from a caller in Irrigon w ere stolen w hile she was in
that speakers had been taken the hospital in February or
from his fa th e r’s truck the M a rc h . S h e th o u g h t she
previous night or early that believed she knew w ho had
morning.
taken them.
-M C S O ,
I r r ig o n
-M C S O receiv ed a
ambulance received a request report from a caller in Heppner
for an am bulance for a 70- th at tw o o f h er c ats w ere
y e a r - o ld m a le w h o w a s missing. She believes that the
u n c o n s c io u s a n d h a v in g neighbor is trapping them,
difficulty breathing. Subject
-M C S O rec e iv e d a
w as tra n s p o rte d to G o o d report that a two subjects had
Shepherd M edical C enter in threatened to bum the caller’s
Hermiston.
h o u se dow n. C o n tact w as
-M C S O rec e iv e d a made and subject advised that
report from a caller in Irrigon she had handled the situation
that tw o unw anted subjects and no law enforcem ent was
have threatened her.
needed.
-M C S O ,
OSP
-M C SO , B oardm an
received a report from a caller PD received a report from a
in Boardm an than a deer had caller that his vehicle was stuck
hit his vehicle on 1-84 near mp in the sand and he needed a
168. T he accident w as non- ride hom e. He w as located
blocking/non-injury. A second w est o f B oardm an. Subject
c a ll w as re c e iv e d a n th e was found and refused medical
subject said they m ay need a help,
to w a fte r a ll a n d o n e o f
-M C S O receiv ed a
subjects w ith the caller had a request for deputy contact
sore neck but did not need an regarding threats being made
ambulance.
against her by another subject.
-M C S O rec e iv e d a No law enforcem ent action
report from a caller in Irrigon was needed or taken,
that a pit bull fight had been
-M C S O rec e iv e d a
set-up behind her residence, report o f a dead antelope on
Six adults and tw o ju v en iles the lone-G ooseberry Rd. A
w ere on the scene.
m essage was left w ith M C
-M C S O re c e iv e d a Public Works,
r e p o r t fro m a c a ll e r in
- B o a rd m a n
PD
Boardm an that a coyote w as received a 911 hang-up call
running down Boardman Ave fro m a p a y p h o n e a t th e
and into the fields.
B o a rd m a n M a rin e . O n
June 25: M C S O , callback a male advised that a
B o a rd m a n PD re c e iv e d a ju v en ile had ju st used that
r e p o r t fro m a c a ll e r in phone and that everything is
B oardm an that her 17-year- okay,
old sister is with a 23-year-old
-M C S O rec e iv e d a
male.
report o f a disabled m otorist
-M C S O a r r e s te d on 1-84 eastbound at m p 173.
Jo h n M u n k e rs, 2 0 , on an
- B o a rd m a n
PD
Irrigon Justice Court warrant received a report from the
for Failure to Pay Fine/M IP. B oardm an M arine that tw o
S u b je c t w a s c ite d a n d adults out on je t skis w ith a
released.
ju v en ile and then the adults
-M C SO cited D onny returned with out the juvenile.
Lee Pallin, 39, for Violation o f It was determined that all was
the Basic Rule, Driving while okay and that the child had
S u s p e n d e d /In fra c tio n a n d been dropped o f f w ith his
Driving Uninsured.
mother.
-M C S O rec e iv e d a
-M C O S rec e iv e d a
request for police for a caller report from a caller in Irrigon
in Boardman.
that teenagers in a pick up
-M C S O rec e iv e d a w ere driving too fast up and
report from O ntario PD that dow n the street.
G regory H. Bybee, 36, w as
-M C S O re c e iv e d a
arrested on a M orrow County report from a caller in Irrigon
warrant for Failure to Appear/ that a large congregation o f
M anufacture/D elivery o f a people were down by the river
C o n tr o lle d
S u b s ta n c e , near a new triple-wide. Caller
Criminal Trespass II, Criminal d id n o t r e q u ir e c o n ta c t.
M isch ief III and T heft III. Deputies were unable to locate
Subject also had local charges subjects,
o f Possession o f a Controlled
-M C S O rec e iv e d a
S u b stan ce and A ttem p t to report o f five or six juveniles
Escape. Subject w as lodged sh o o tin g o f f fire w o rk s in
at M alheur County Jail.
Irrigon. Deputies were unable
-M C S O rec e iv e d a to locate fireworks,
report from a caller in Heppner
-M C S O rec e iv e d a
that his s o n ’s sc o o te r w as rep o rt from a caller that a
stolen from the H eppner City travel trailer with no taillights
Pool the day before.
w as headed eastbound on I-
-M C S O rec e iv e d a 84 near mp 166.
r e p o r t fro m a c a ll e r in
- B o a rd m a n
PD
Boardman that the tires on her received a report from the
vehicle had been slashed.
Boardman Shell Station that a
-M C S O rec e iv e d a vehicle had “peeled out” o f the
report from a caller in Irrigon gas station. The vehicle was
o f h e a rin g a lo u d n o is e , not located,
possibly an explosion.
-M C S O a r r e s te d
K e ith A . A x te l, 3 4 , fo r
U nlaw ful U se o f a M otor
Vehicle. Subject was cited and
released. T he v eh icle w as
impounded.
LOTS OF STYLES -
-M C SO cited Jesus
A lejandro C ardenas G arcia,
LOTS OF COLORS
2 4 , fo r D r i v i n g w h i l e
S u spended-infraction. T he
H eppner
vehicle was impounded.
G
a
z
e tte -T im e s
-M C S O rec e iv e d a
6
7
6-9228
request that a plate be run so
she could find out w ho the
W E P R IN T
B U S IN E S S
CARDS
4