TEN - Heppner Gazette-Times, Heppner, Oregon said trust deed, the words “trustee” and “beneficiary” in­ clude their respective succes­ sors in interest, if any. For Trustee’s Sale Information Please Call (925) 603-7342. Dated: 7/16/2003 Fidelity Na­ tional Title Insurance Compa­ ny, as Successor Trustee, c/o Standard Trustee Service Com­ pany Washington, 2600 Stan- well Drive, Suite 200, Concord, CA 94520 (925) 603-1000 By: Amy Rigsby, as authorized Agent. RSVP# 50613 10/15/ 03,10/22/03, 10/29/03,11/05/ 03 Affid PUBLIC NOTICE Wednesday, October 22, 2003 o f 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 o f 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 o f the Jones property to the Southeasterly Comer o f 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 o f Beginning of this descrip­ tion. Published: October 15,22,29, and November 5,2003 Affid (2) TRUSTEE’S NOTICE OF SALE Loan No: 0106618341 T.S.No: 1058234-09 99897 Reference is made to that certain deed made by KIM BERLEY M. GEORGE, AN UNM AR­ RIED WOMAN AND CAR­ OLE A. CANNON AND W ILLIAM M. CANNON, WIFE AND HUSBAND as Grantor to MORROW COUNTY AB­ STRACT & TITLE CO., INC., as Trustee, in favor of BANK OF EASTERN OF OREGON as Beneficiary, dated March 22, 2000, re­ corded March 29, 2000, in of­ ficial records o f MORROW County, OREGON in book/ reel/volume No. XX at page No. XX, fee/file/instrument/ microfilm/reception No. 2000- 705* covering the following described real property situat­ ed in the said County and State, to-wit: TOW NSHIP 2 SOUTH, RANGE 26 EAST OF THE WILLAMETTE MERIDIAN, MORROW COUNTY, ORE­ GON MORE COMPLETELY DESCRIBED IN AT­ TACHED EXHIBIT A. Commonly known as: 61209 HIGHWAY 207 HEPPNER OR 97836 Both the beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said tryst deed and notice has been recorded pursuant to Section 86.735(3) o f Oregon Revised Statutes: the default for which the foreclosure is made is the grantor’s: Failure to pay the monthly payment due May 1, 2003 of principal, interest and impounds and subsequent installments due thereafter; plus late charg­ es; together with all subsequent sums advanced by beneficiary pursuant to the terms and con­ ditions of said deed of trust. Monthly payment $862.89 Monthly Late Charge $34.52 By this reason of said de­ fault the beneficiary has de­ clared all obligations secured by said deed of trust immedi­ ately due and payable, said sums being following, to-wit; The sum o f $110,803.35 to­ gether with interest thereon at 5.500% per annum from April 01,2003 until paid; plus all ac­ crued late charges thereon; and all trustee’s fees, foreclosure costs and any sums advance by the beneficiary pursuant to the terms and conditions of the said deed of trust. PUBLIC NOTICE Whereof, notice hereby is Copyright Notice given that, CAL-WESTERN Copyright Notice: All rights RECONVEYANCE C O R ­ reserved re common-law copy­ PORATION the undersigned right o f trade-nam e/trade- trustee will on January 27, mark, JAN VERMEER© -as 2004 at the hour o f 1:00pm. well as any and all derivatives Standard o f Time, as estab­ and variations in the spelling of lished by Section 187.110, Or­ said tradename/trade-mark- egon Revised Statutes, at AT Common Law Copyright @ THE COURT STREET EN­ 1973 by Jan Vermeer®. Said TRANCE TO MORROW com m on-law trade-nam e/ COUNTY COURTHOUSE trade-m ark, JAN V ER­ 100 COURT STREET City of MEER©, may neither be used, HEPPNER, County o f MOR­ nor reproduced, neither in ROW, State of Oregon, sell at whole nor in part, nor in any public auction to the highest manner whatsoever, without bidder for cash the interest in the prior, express, written con­ the said described real proper­ sent and acknowledgement of ty which grantor had or had Jan Vermeer© as signified by power to convey at the time of the red-ink signature of Jan Ver­ the execution by him of the said meer©, hereinafter “Secured trust deed, together with any Party.” With the intent of be­ interest which the grantor or his ing contractually bound, any successors in interest acquired juristic person, as well as the after the execution of said trust agent of said juristic person, deed, to satisfy the foregoing consents and agrees by this obligations thereby secured Copyright Notice that neither and the costs and expense of said juristic person, nor the sale, including a reasonable agent of said juristic person, charge by the trustee. Notice shall display, nor otherwise use is further given that any per­ in any manner, the common- son named in Section 86.753 i law trade-nam e/trade-m ark described above in paragraph JAN VERMEER©, nor the “(2),” until Users contractual common-law copyright de­ obligation theretofore incurred scribed herein, nor any deriva­ has been fully satisfied; (5) tive of, nor any variation in the consents and agrees with Se­ spelling of, JAN VERMEER© cured Party’s filing of any UCC without the prior, express, writ­ Financing Statement, as de­ ten consent and acknowledg­ scribed above in paragraphs ment of Secured Party, as sig­ “(3)” and “(4),” as well as the nified by Secured Party’s sig­ filing of any Security Agree­ nature in red ink. Secured Party ment, as described above in neither grants, nor implies, nor paragraph “(2),” in the UCC otherwise gives consent for filing office, as well as in any any unauthorized use of JAN county recorders office; (6) VERMEER©, and all such consents and agrees that any unauthorized use is strictly pro­ and all such filings described hibited. Secured Party is not in paragraphs “(4)” and “(5)” now, nor has Secured Party above are not, and may not be ever been, an accommodation considered, bogus, and that party, nor a surety, for the pur­ User will not claim that any ported debtor, ie, “JAN VER­ such filing is bogus; (7) waives MEER,” nor for any derivative all defenses; and (8) appoints of, nor for any variation in the Secured Party as Authorized spelling of, said name, nor for Representative for User, effec­ any other juristic person, and tive upon Users default re Us­ is so-indem nified and held ers contractual obligations in harmless by Debtor, i.e. “JAN favor of Secured Party as set VERMEER.” in Hold-harm- forth below under “Payment less and Indemnity Agreement Terms” and “Default Terms,” No. JV-030473-HHIA dated granting Secured Party full au­ the Fourth Day of the Third thorization and power for en­ Month In the Year of Our Lord gaging in any and all actions on One Thousand Nine Hundred behalf of User including, but not Seventy-three against any and limited by, authentication of a all claims, legal actions, orders, record on behalf of User, as warrants, judgments, demands, Secured Party, in Secured Par­ liabilities, losses, depositions, ty’s sole discretion, deems ap­ summonses, lawsuits, costs, propriate, and User further fines, liens, levies, penalties, consents and agrees that this damages, interests, and expens­ appointment of Secured Party es whatsoever, both absolute as Authorized Representative and contingent, as are due and for User, effective upon User’s as might become due, now ex­ default, is irrevocable and cou­ isting and as might hereafter pled with a security interest. arise, and as might be suffered U ser further consents and by, imposed on, and incurred by agrees with all of the following Debtor for any and every rea­ additional terms of Self-execut­ son, purpose, and cause what­ ing Contract/Security Agree­ soever. Self-executing Con- ment in Event of Unauthorized tract/Security Agreement in Use: Payment Terms: In ac­ Event o f Unauthorized Use: By cordance with fees for unau­ this Copyright Notice, both the thorized use o f JAN VER­ juristic person and the agent of MEER© as set forth above, said juristic person, hereinafter U ser hereby consents and jointly and severally “User,” agrees that User shall pay Se­ consent and agree that any use cured Party all unauthorized- o f JAN VERMEER© other use fees in full within ten (10) than authorized use as set forth days of the date User is sent above constitutes unauthorized Secured Party’s invoice, here­ use, counterfeiting, of Secured inafter “Invoice,” itemizing said Party’s common-law copy­ fees. Default Terms: In event righted property, contractually of non-payment in full of all un- binds User, renders this Copy­ authorized-use fees by User right Notice a Security Agree­ within ten (10) days of date In­ ment wherein User is debtor voice is sent, User shall be and Jan Vermeer© is Secured deemed in default and: (a) all Party, and signifies that User: o f User’s property and prop­ (1) grants Secured Party a se­ erty pledged as collateral by curity interest in all of User’s User, as set forth in above in assets, land, and personal prop­ paragraph “(2),” immediately erty, and all of Users interest becomes, i.e. is, property of in assets, land, and personal Secured Party; (b) Secured property, in the sum certain Party is appointed Users Au­ amount o f $500,000.00 per thorized Representative as set each occurrence of use of the forth above in paragraph “(8)”; com m o n -law -co p y rig h ted and (c) User consents and trade-name/trade-mark JAN agrees that Secured Party may VERMEER©, as well as for take possession of, as well as each and every occurrence of otherwise dispose o f in any use of any and all derivatives manner that Secured Party, in of, and variations in the spell­ Secured Partys sole discretion, ing of, JAN VERMEER©, plus deems appropriate, including, costs, plus triple damages; (2) but not limited by, sale at auc­ authenticates this Security tion, at any time following Us­ Agreement wherein User is ers default, and without further debtor and Jan Vermeer© is notice, any and all o f Users Secured Party, and wherein property and interest, described User pledges all of Users as­ above in paragraph “(2),” for­ sets, land, consumer goods, merly pledged as collateral by farm products, inventory, User, now property of Secured equipment, money, investment Party, in respect of this “Self­ property, com m ercial tort executing Contract/Security claims, letters of credit, letter- Agreement in Event of Unau­ of-credit rights, chattel paper, thorized Use,” that Secured instruments, deposit accounts, Party, again in Secured Party’s accounts, documents, and gen­ sole discretion, deems appro­ eral intangibles, and all User’s priate. Terms for Curing De­ interest in all such foregoing fault: Upon event of default, as property, now owned and here­ set forth above under “Default after acquired, now existing Terms,” irrespective o f any and hereafter arising, and and all of Users former prop­ wherever located, as collater­ erty and interest in property, al for securing User’s contrac­ described above in paragraph tual obligation in favor of Se­ “(2),” in the possession of, as cured Party for User’s unau­ well as disposed of by, Secured thorized use of Secured Par­ Party, as authorized above un­ ty’s common-law-copyrighted der “ Default Terms,” User property; (3) consents and may cure Users default only re agrees with Secured Party’s the remainder of User’s said filing o f a UCC Financing former property and interest Statement in the UCC filing property, formerly pledged as office, as well as in any county collateral that is neither in the reco rd er’s office, w herein possession of, nor otherwise User is debtor and Jan Ver­ disposed of by, Secured Party meer© is Secured Party; (4) within twenty (20) days of date consents and agrees that said o f Users default only by pay­ UCC Financing Statement de­ ment in full. Terms of Strict scribed above in paragraph Foreclosure: User’s non-pay­ “(3)” is a continuing financing ment in full of all unauthorized- statement, and further consents use fees itemized in Invoice and agrees with Secured Par­ within said twenty- (20) day ty’s filing of any continuation period for curing default as set statement necessary for main­ forth above under ‘Terms for taining Secured Party’s per­ Curing Default" authorizes Se­ fected security interest in all of cured Party’s immediate non­ Users property and interest in judicial strict foreclosure on any property, pledged as collateral and all remaining former prop­ in this Security Agreement and erty and interest in property, I formerly pledged as collateral by User, now property of Se­ cured Party, which is not in the possession of, nor otherwise disposed o f 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 Sheriff's Report The M orrow County Sheriff’s Office (MCSO) re­ ports handling the following business: -M C S O , Irrigon ambulance received a request for an ambulance from a caller in Irrigon for a subject with a racing heart who has a history o f heart p r o b le m s. N o transport was made. J u n e 23: M CSO received a report o f a female walking and stumbling in the ditch along H wy 74 towards the H eppner fairgrounds. Subject had made it to her apartment upon deputy arrival. -M C SO received a report from a caller in Irrigon o f a strange vehicle in her yard. It w as determ ined to be a vehicle stolen from Looslies in Lexington. The vehicle was retrieved and canceled from stolen registry. -M C SO received a request for a background check from F ed era l Investigations. The subject had no record in M orrow County. -M C SO received a request for deputy contact from a caller in H eppner regarding a delivery she had received. -M C SO received a report from a caller in lone that her 89-year-old mother was found on the floor, conscious and breathing, but sick to her stom ach. The subject w as tra n sp o rted to P io n e e r Memorial Hospital. -M CSO , Boardman PD received a request for c o n ta ct from a c a lle r in Boardman regarding a vicious dog in his kennel. The dog had attempted to attack he and his daughter. It was unknown who the owner was. -M C SO received a report o f a cold burglary in Boardman. -M C SO received a report two fem ale juveniles had been located by their parents. -M C SO received a report from a caller in Irrigon that four cow s were out. -M C S O , Irrigon ambulance received a request for an ambulance for a 75- year-old with partial paralysis. Subject was transported to G ood Sheph erd M ed ical Center in Hermiston. -M C S O , Irrigon ambulance received a request for an ambulance for an 82- year-old female in severe pain from fractures o f an earlier incident The subject had been released from a nursing home tw o w eeks prior. She w as tran sp orted to G ood Shepherd Medical Center. -M C SO received a report from a caller in Heppner that she had found her wallet she had reported missing a few weeks previous. -M C SO received a request for assistance from a caller in Irrigon regarding locking her keys in her vehicle and her dog was in the vehicle. Boardman Lock and Key was notified and enroute. It was also advised that som e one from Umatilla was already enroute. -M C SO received a report from a caller in Irrigon that his v eh icle had been missing since the day before. The vehicle was logged as stolen. Caller also advised that a Sony Playstation had also been stolen from his residence. -M C S O d ep u ty advised he found a disabled vehicle on H wy 730 at mp 170. The vehicle was out o f gas and the occupants were given a ride home. -M C SO received a report from a caller in Irrigon that a 5-year-old boy had wandered into her yard and she doesn’t know where he lives or w ho he is. The child advised that his name was Ricky. The parents o f the child were located. Maria Isabel N unez Acosta, 49, was cited for Child N eglect II. Subject was cited and released. -M C SO received a report from a caller in Irrigon that eight subjects were in a vacant residence next door. The caller later called back and advised the subjects had left. -M CSO, Boardman PD received a report from a caller in Boardman that a prowler was out back o f her residence. Ju n e 26: Boardman PD received a report from a caller at the Boardman Shell station that a subject w as there that would not leave. -M C SO received a report o f an audible alarm in Boardman. It was determined that the security guard had set o ff the alarm. -B o a rd m a n PD received a report o f a strong p rop an e od or near the Chevron Station in Boardman. -M C SO received a report o f a m issing dog in Irrigon. -M C SO received a report from a caller that a Heppner city v eh icle w as being operated at a high rate o f speed and recklessly. -M C SO received a report from a c a lle r at Columbia River Dairy that calves were being stolen at night and later resold. -M C SO received a request for deputy contact regarding car seat regulations. -M C SO received a report o f a sm o k e alarm activation at Lamb Weston. It was determined to be a false alarm. -M CSO received a report that a man came to the caller’s door selling first aide kits to raise money for “missing and exploited” children. -M C SO received a report from a caller in Heppner that her California driver’s license had been lost when she was walking hom e from the pool. -M CSO, Boardman PD received a report o f a domestic that just occurred in Boardman. The parties ending up separating. -M C SO received a report o f a m o to rh o m e traveling at a high rate o f speed on 1-84. The vehicle was now parked at the Nomad. -M C S O c ite d Clarkson Ray Rees, 52, for Driving Uninsured The vehicle was impounded. -M C SO received a report o f a missing horse. The caller believed he knew who the suspects were. The caller later advised the horse had been returned and his did not want contact. -M C SO received a report from a caller in Heppner that he had run o v er the telephone junction box in front o f th e b o w l i n g alley. CenturyTel was advised. r