Heppner gazette-times. (Heppner, Or.) 1925-current, October 22, 2003, Page TEN, Image 10

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    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