Heppner gazette-times. (Heppner, Or.) 1925-current, September 13, 2006, Page NINE, Image 9

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    Heppner Gazette-Times, Heppner, Oregon Wednesday, September 13,2006 - NINE
in the amount of the contract
hid amount will be required of
the successful bidder.
The County will award the
contract w ithin thirty (30) cal­
endar days of the bid opening.
Work will commence within
five (5) calendar days of the
notice to proceed. The contrac­
tor shall complete all work re­
quired in the contract within 30
calendar days of the stated date
in the notice to proceed. All
work must be completed by
November 15, 2006.
Copies of the Contract Doc­
uments may be obtained at:
M orrow C ounty Public
Works Department
365 West Highway
Lexington, Oregon, 97839.
Ph. (541 >989-9500
F ax (541)989-8352
Upon receipt of each set of
Contract Documents requested,
the Contractor shall provide a
mailing address, phone and fax
numbers when plans are re­
quested.
Morrow County is an equal
opportunity employer.
Burke O 'B rien , Morrow
County Public Works Director.
P.O. Box 428
Lexington. OR 97839
Published: September 13, 2006
PUBLIC NOTICE
The Oregon Department of
Agriculture has received an
Application to Register (ATR)
to the Oregon Confined Animal
Feeding Operation General
Permit. The application is for
a new large federally defined
CAFO dairy operation owned
by Sage Hollow Ranch, LLC.
The facility is proposed to be
located at 74721 Homestead
Lane, Hermiston, Oregon. A
copy of the ATR, the Land Use
Compatibility Statement and
the Animal Waste Management
Plan submitted by the applicant
are available from the depart­
ment at 635 Capitol Street NE,
Salem, Oregon 97301, from the
local ODA field office at 2146
NE 4th St. #104 in Bend, or on
the departm ent’s Web site,
www.oregon.gov/ODA/NRD/
cafo_front.shtml.
The department will hold an
informational public meeting
on September 25, 2006, to of­
fer the interested public an op­
portunity to provide comments
on this proposed action. The
meeting will be held in the
Wells Springs Room at the Port
of Morrow’s Riverfront Cen­
ter, #2 Marine Drive,
Boardman, Oregon. The in­
formational meeting will begin
at 6:00 PM and the public
comment portion will begin at
6:45 PM. Written comments
will also be accepted until 5:00
PM, October 5,2006. For more
information or to request spe­
cial accommodations at the in­
formational meeting, please
call 503-986-4700. For special
accommodations please call at
least 72 hours prior to the meet­
ing.
Published: September 6,13 and
20, 2006
Affidavit
PUBLIC NOTICE
TRUSTEE’S NOTICE OF
SALE T.S. No.: OR-90245-V
Loan No: 0601039976 Refer­
ence is made to that certain
deed made by. Daniel J. Swart,
an unmarried man as Grantor
to Unified Solutions Group, as
trustee, in favor of “MERS”
Mortgage Electronic Registra­
tion Systems, Inc., solely as
nominee for Lender Mortgage
Investors Corporation, as Ben­
eficiary, dated 7/16/2004, re­
corded 7/24/2004, in official
records of Morrow County,
Oregon in book/reel/volume
No. - at page No. -, fee/ file/
instrument/ microfile/ reception
No. 2004-11711 (indicated
which), covering the following
described real property situat­
ed in said County and State, to-
wit: APN: R04567 Lot 7,
Block 3, West Glen, in the
County of Morrow and State
of Oregon. Commonly known
as: 70240 Ridge Crest Drive
Boardm an, O regon 97818
Both the beneficiary and the
trustee have elected to sell the
said real property to satisfy the
obligations secured by said
trust deed and notice has been
recorded pursuant to Section
86.735(3) of Oregon Revised
Statutes: the default for which
the foreclosure is made is the
i
grantor’s: Unpaid principal
balance of $ 46,826.18; plus
accrued interest plus impounds
and/or advances w hich became
due on 3/1/2006 plus late
charges, and all subsequent in­
stallments of principal, interest,
balloon payments, plus im­
pounds and/or advances and
late charges that become pay­
able. M onthly Paym ent $
326.88 Monthly Late Charge
$ 10.28 By this reason of said
default the beneficiary has de­
clared all obligations secured
by said deed of trust immedi­
ately due and payable, said
sums being the following, to-
wit: The sum of $ 46,826.18
together with interest thereon at
the rate of 5.009f per annum
from 2/1/2006 until paid; plus
all accrued late charges there­
on; and all trustee’s fees, fore­
closure costs and any sums
advanced by the beneficiary
pursuant to the terms of said
deed of trust. Whereof, notice
hereby is given that First Amer­
ican Title Insurance Company,
the undersigned trustee will on
11/28/2006 at the hour of 11:00
AM Standard of Time, as es­
tablished by section 187.110,
Oregon Revised Statues, at At
the Front Entrance to the Mor­
row County Courthouse, 100
Court Street, Heppner, Oregon
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 grant­
or had or had power to convey
at the time of the execution by
him of the said trust deed, to­
gether with any interest which
the grantor or his successors in
interest acquired after the exe­
cution of said trust deed, to sat­
isfy 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 Sec­
tion 86.753 of Oregon Revised
Statutes has the right to have
the foreclosure proceeding dis­
missed and the trust deed rein­
stated by payment to the bene­
ficiary of the entire amount
then due (other than such por­
tion of said principal as would
not then be due had no default
occurred), together with the
costs, trustee’s and attorney’s
fees and curing any other de­
fault complained of in the No­
tice of Default by tendering the
performance required under the
obligation or trust deed, at any
time prior to five days before
the date last set for sale. In con­
struing this notice, the mascu­
line gender includes the femi­
nine and the neuter, the singu­
lar 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
clude their respective succes­
sors in interest, if any. Date:
July 26, 2006 First American
Title Insurance Company, C/O
Executive Trustee Services,
15455 San Fernando Mission
Blvd., Suite 208, Mission Hills,
CA 91345(818) 361 -6998 Sig­
nature By Karen J. Cooper,
Assistant Secretary ASAP#
779749 09/06/2006. 09/13/
2006,09/20/2006,09/27/2006
Affidavit
PUBLIC NOTICE
Notice of Preliminary
Determination for Water
Right Transfer T-9942
T-9942 filed by Andy and
Andrea Fletcher, 3364 Bramp­
ton Way. Boise. Idaho, 83706,
proposes a change in point of
diversion under Certificates
53120 and 67270 and a change
in point of appropriation under
Certificate 54550. Certificate
5 3 120 allows the use of 0 .11
cfs (priority date 1875) and
Certificate 67270 (priority date
August 3, 1983) uses 0.06 cfs,
both from a diversion in Sec.
34. T I S. R 25 E*W.M.(Wi]
low Creek Basin) for irrigation
in Sec. 34. The applicant pro­
poses to change the point of
diversion for both rights to
within the NE'A NE'A, Sec. 34.
Certificate 54550 allows the
use of 0.08 cfs (priority date
October 1. 1973) from Padbcrg
Well in Sec. 35. T I S, R 25 E.
W.M. (Willow Creek Basin)
for irrigation in Sec. 34. The
applicant proposes to change
the point of appropriation to a
well located approximately
5000 feet northwest to within
Sec. 35. The Water Resources
Department has concluded that
the proposed transfer does ap­
pear to be consistent with the
requirements of ORS Chapter
540 and OAR 690-380-5000.
Any person may file, jointly
or severally, with the Depart­
ment a protest or standing
statement within 30 days after
the date of final publication of
notice in the D epartm ent’s
weekly notice or of this news­
paper notice, whichever is lat­
er. A protest form and addition­
al information on filing protests
may be obtained by calling
(503) 986-0881. The last date
of newspaper publication is
September 27,2006. If no pro­
tests are filed, the Department
will issue a final order consis­
tent with the preliminary deter­
mination.
Published: September 13, 20
and 27, 2006
Affidavit
PUBLIC NOTICE
TRUSTEE’S NOTICE
OF SALE
A default has occurred un­
der the terms of a trust deed
made by Raymond E. Yeigh
and Judy A. Yeigh, husband
and wife, as grantor to Placer
Title Company, as Trustee, in
favor of Mortgage Electronic
Registrations Systems, Inc., as
nominee for Mortgage Inves­
tors Corporation, as Beneficia­
ry, dated April 13, 2002, re­
corded April 22, 2002, in the
mortgage records of Morrow
County, Oregon, in Book “M”,
at Page 2002-4019, beneficial
interest now held by Mortgage
Electronic Registration Sys­
tems, Inc., as nominee for
Washington Mutual Bank as
covering the following de­
scribed real property:
That portion of the Northeast
Quarter of Section 21, Town­
ship 5 North, Range 27 East
of the Willamette Meridian,
Morrow County, Oregon, be­
ing described as follows:
Beginning at a point where
the Northerly right-of-way line
of the abandoned U.P.R.R. in­
tersects the East line of the
N orthw est Q uarter of the
Northeast Quarter of said Sec­
tion 21. Said point is also on
the South line of “Birch Lake
Acres” and is a distance of
50.00 feet North of the center-
line of the abandoned railroad
tracks, said point being the
True Point of Beginning of this
description and running:
Thence Westerly along said
abandoned railroad right-of-
way line a distance of 215.00
feet to a point;
Thence North parallel with
the East line of the Northwest
Quarter of the Northeast Quar­
ter of said Section 21, a dis­
tance of 295.00 feet to a point;
Thence Easterly parallel
with said railroad right-of-way
line a distance of 215.00 feet
to the East line of said North­
west Quarter;
Thence South along said
East line a distance of 295.00
feet to the True Point of Begin­
ning of this description.
Together with that portion of
the abandoned U.P.R.R.. right-
of-way that adheres thereto as
a matter of law.
COMMONLY KNOWN
AS: 76781 Highway 730, Irri-
gon. OR 97844
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 de­
fault has been recorded pursu­
ant 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:
Monthly payments in the
sunt of $977.33, from March
1.2006. together with all costs,
disbursements, and/or fees in­
curred or paid by the benefi
ciary and/or trustee, their em­
ployees. agents or assigns.
By reason of said default the
beneficiary has declared all
sums owing on the obligation
secured by said trust deed im­
mediately due and payable,
said sum being the following,
to-wit:
$123,122.51. together with
interest thereon at the rate of
I
6.591 per annum from Febru­ at: P.O. Box 218, Pendleton, FORE, notice is hereby given
ary 1, 2006, together with all OR 97801 w ithin four months that the undersigned trustee
costs, disbursements, and/or after the date of first publica­ will, on October 27. 2006, at
fees incurred or paid by the tion of this notice, or the claims the hour of 10:00 A.M. in ac­
cord with the Standard Time,
beneficiary and/or trustee, their may be barred.
All persons whose rights as e s t a b l i s h e d by ORS
employees, agents or assigns.
WHEREFORE, notice here­ may be affected by the proceed­ 187.1 10, AT THE COURT
ENTRANCE,
by is given that the undersigned ings may obtain additional in­ STREET
COUNTY
trustee will on November 30, formation from the records of MORROW
the
court,
the
personal
repre­
COURTHOUSE, 100 COURT
2006, at the hour of 11 :(K) AM,
in accord with the standard sentative or the attorney.
STREET HEPPNER . County
Dated and first published: of MORROW, State of ORE­
tim e established by ORS
187.110, at the main entrance September 13, 2006
GON, (which is the new date,
of the Morrow County Court­ Co-Personal Representatives: time and place set for said sale)
Charles A. Nelson sell at public auction to the
house, located at 100 Court
Street, in the City of Heppner.
PO Box 557 highest bidder for cash the in­
Lexington, OR 97839 terest in the said described real
County of Morrow, State of
Oregon, sell at public auction
Kristin Nelson Graham property which the Grantor had
PO Box 5435 or had power to convey at the
to the highest bidder for cash
Salem, OR 97304 time of execution by him of the
the interest in the said described
real property which the grant­ Steven H. Corey
said Trust Deed, together with
or has or had power to convey Corey, Byler. Rew, Lorenzen & any interest which the Grantor
at the time of the execution of Hojem. LLP
or his successors in interest ac­
said trust deed, together with 222 S.E. Dorion Ave
quired after the execution of
any interest which the grantor PO Box 218
said Trust Deed, to satisfy the
foregoing obligations thereby
or his successors in interest Pendleton, OR 97801
acquired after the execution of 541-276-3331
secured and the costs and ex­
said trust deed, to satisfy the Published: September 13, 20 penses of sale, including a rea­
foregoing obligations thereby and 27, 2006
sonable charge by the trustee.
secured and the costs and ex­ Affidavit (2)
Notice is further given that any
penses of sale, including a rea­
person named in O.R.S.86.753
PUBLIC NOTICE has the right, at any time prior
sonable charge by the trustee.
Notice is further given that any
OREGON T R U ST E E ’S to five days before the date last
person named in ORS 86.753 NOTICE OF SALE T.S. No. set for the sale, to have this
has the right, at any time prior F338102 OR Unit Code: F foreclosure proceeding dis­
to five days before the date last Loan No: 3708307/ERFURTH missed and the Trust Deed re­
set for the sale, to have this AP#1: 5N-26-25A 2621 Title instated by payment to the ben­
foreclosure proceeding dis­ #: 3009186 Reference is made eficiary of the entire amount
missed and the trust deed rein­ to that certain Trust Deed made then due (other than such por­
stated by payment to the bene­ by JOYCE M. ERFURTH as tion of the principal as would
ficiary of the entire amount due Grantor, to DAVID A. KU- not then be due had no default
(other than such portion of the BAT, OS BA 84265 C/O T.D. occurred) and by curing any
principal as would not then be SERVICE COMPANY as other default complained here­
due had no default occurred) Trustee, in favor of WEST­ in that is capable of being cured
and by curing any other default ERN
SUNRISE
AKA by tendering the performance
complained of herein that is CROSSLAND MORTGAGE required under the obligation of
capable of being cured by ten­ CORP. as Beneficiary. Dated the Trust Deed, and in addition
dering the performance re­ November 13, 2000, Record­ to paying said sums or tender­
quired under the obligations or ed November 20, 2000 as In- ing the performance necessary
trust deed, and in addition to str. No. 2000-2561 in Book — to cure the default, by paying
paying said sums or tendering Page — of Official Records in all costs and expenses actually
the performance necessary to the office of the Recorder of incurred in enforcing the obli­
cure the default, by paying all MORROW County; O R E­ gation and Trust Deed, togeth­
costs and expenses actually in­ GON AND A MODIFICA­ er with trustee’s and attorney’s
curred in enforcing the obliga­ TION AGREEMENT DATED fees not exceeding the amounts
tion and trust deed, together 08/01/05 covering the follow­ provided by said ORS 86.753.
with trustee’s and attorney’s ing described real property sit­ It will be necessary for you to
fees not exceeding the amounts uated in said county and state, contact the undersigned prior to
provided by said ORS 86.753. to wit: LOT 19 DUNE ADDI­ the time you tender reinstate­
In construing this notice, the TION PHASE TWO, IN THE ment or payoff so that you may
masculine gender includes the CITY OF IRRIGON. COUN­ be advised of the exact amount,
feminine and the neuter, the sin­ TY OF MORROW AND including trustee’s costs and
gular includes the plural, the STATE OF OREGON Both fees, that you will be required
word “grantor” includes any the beneficiary and the trustee to pay. Payment must be jn the
successor in interest to the have elected to sell the Said real full amount in the form of cash­
grantor as well as any other property to satisfy the obliga­ ier's or certified check. TH£‘6f-
person owing an obligation, the tions secured by said Trust fect of the sale will be to de­
performance of which is se­ Deed and a Notice of Default prive you and all those who
cured by said trust deed, and has been recorded pursuant to hold by, through and under you
the words “trustee” and "bene­ O regon Revised Statutes of all interest in the property
ficiary” include their respective 86.735(3); the default for described above. In construing
which the foreclosure is made this notice, the masculine gen­
successors in interest, if any.
Also, please be advised that is Grantor's failure to pay w hen der includes the feminine and
pursuant to the terms stated on due, the following sums: 3 the neuter, the singular includes
the Deed of Trust and Note, the PYMTS FROM 04/01/06 TO the plural, the word “grantor”
beneficiary is allowed to con­ 06/01/06 (n 677.95 $2,033.85 includes any successor in inter­
duct property inspections while 3 L/C FROM 04/16/06 TO 06/ est to the grantor as well as any
property is in default. This shall 16/06 9 26.50 $79.50 MIS­ other person owing an obliga­
FEES tion, the performance of which
serve as notice that the benefi­ CELLANEOUS
ciary shall be conducting prop­ $525.85 CORPORATE AD­ is secured by said Trust Deed,
erty inspections on the said ref­ VANCES $471.91 Sub-Total and the words “trustee” and
of
Am ounts
in
Ar- “beneficiary” include their re­
erenced property.
The Fair Debt Collection rears:$3,l 11.11 Together with spective successors in interest,
Practice Act requires that we any default in the payment of if any. We are assisting the
state the following: This is an recurring obligations as they Beneficiary to collect a debt
attempt to collect a debt, and become due. ALSO, if you and any information we obtain
any information obtained will have failed to pay taxes on the will be used for that purpose
be used for that purpose. If a property, provide insurance on whether received orally or in
discharge has been obtained by the property or pay other se­ writing. If the Trustee is unable
any party through bankruptcy nior liens or encumbrances as to convey title for any reason,
proceedings: This shall not be required in the note and Trust (he successful bidder's sole and
construed to be an attempt to Deed, the beneficiary may in­ exclusive remedy shall be the
collect the outstanding indebt­ sist that you do so in order to return of monies paid to the
edness or hold you personally reinstate your account in good Trustee, and the successful bid­
standing. The beneficiary may der shall have no further re­
liable for the debt.
Dated: 07/31/06
require as a condition to rein­ course. If available, the expect­
KELLY D. SUTHERLAND statement that you provide re­ ed opening bid and/or post­
Successor Trustee liable written evidence that you ponement information may be
SHAPIRO & SUTHER­ have paid all senior liens or en­ obtained by calling the follow­
LAND, LLC cumbrances, property taxes, ing telephone number(s) on the
5501 N.E. 109th Court. and hazard insurance premi­ day before the sale: (714)480-
Suite N ums. These requirements for 5690 or you may access sales
Vancouver. WA 98662 reinstatement should be con­ information at w ww.ascentex.
Telephone:) 360) 260-2253 firmed by contacting the under­ com/websales/ DATED: 06/19/
S&S 06-18590 signed Trustee. The street or 06 DAVID A KUBAT. OSBA
Published: September 6. 13. 20 other common designation if #84265 By DAVID A. KU­
any. of the real property de­ BAT. ATTORNEY AT LAW
and 27. 2006
scribed above is purported to DIRECT INQUIRIES TO:
Affidavit
be : 490 DIVISION STREET. T.D. SERVICE COMPANY
PUBLIC NOTICE IRRIGON. OR 97844 The un­ FORECLOSURE DEPART­
IN THE CIRCUIT COURT dersigned Trustee disclaims MENT 1820 E. FIRST ST..
OF THE
any liability for any incorrect­ SUITE 210 P.O. BOX 11988
STATE OF OREGON
ness of the above street or oth­ SANTA ANA. CA 92711 -1988
FOR THE COUNTY
er common designation. By (800) 843-0260 TAC#
OF MORROW
reason of said default, the ben­ 742250W PUB: 09/1 3 / 06 . 09 /
ESTATE OF:
eficiary has declared all sums 20/06.09/27/06. 10/04/06 Af­
JEAN E. NELSON.
ow ing on the obligation secured fidavit
Deceased.
by said Trust Deed immediate­
ly due and payable, said sums
No. 06 PR oi I
NOTICE TO INTERESTED being the following, to wit:
PERSONS
Principal $69,178.64. togeth­
Notice is hereby given that er with interest as provided in
the undersigned have been ap­ the note or other instrument
pointed co-personal represen­ secured from 03/01/06. and
tatives of the estate. All persons such other costs and fees are
having claims against the estate due under the note or other in­
arc required to present them to strument secured, and as arc
the co-personal representatives provided by statute WHERE­
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