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EIGHT- Heppner Gazette-Times, Heppner, Oregon Wednesday, March 17,2010 -Continuedfrom Page SEVEN 28320 3rd Ave. NE Arlington, WA 98223 To be published for three consecutive weeks. P E R S O N A L REPRESENTATIVE: Bonita Wenberg 28320 3rd Ave. NE Arlington, WA 98223 A T T O R N E Y F OR PERSONAL REPRESENTATIVE: Annetta L. Spicer, OSB# 773544 PO Box 428 Heppner, OR 97836 Phone: 541-676-9141 F ax:541-676-5502 Email: ksmhepp@ centurytel.net Published: March 3,10, and 17, 2010 PUBLIC NOTICE IN THE CIRCUIT COURT FOR THE STATE OF OREGON IN A N D FO R TH E COUNTY OF MORROW WELLS FARGO BANK, N .A ., its successors in interest and/or assigns, Plaintiff, v. UNKNOWN HEIRS OF LARRY L. E A R N E S T ; P O R T IA CHARLENE BEACH AKA CHARLENE EARNEST; OREGON DEPARTMENT OF HUMAN SERVICES; Occupants of the Premises; and any and all parties claiming an interest in the property, Defendants. Case No. 09CV059 SUMMONS BY PUBLICATION 1. TO THE DEFEND ANTS: Unknown Heirs of Larry L. Earnest; and any and all parties claiming an interest in the property: 2. In the name of the State of Oregon, you are hereby required to appear and answer the complaint filed against you in the above- entitled Court and cause on or before the expiration of 30 days from the date of the first publication of this summons. The date of first publication in this matter is March 3, 2010. If you fail timely to appear and answer, plaintiff will apply to the above-entitled court for the relief prayed for in its complaint. This is a judicial foreclosure of a deed o f trust in which the plaintiff requests that the plaintiff be allowed to foreclose your interest in the following described real property: LO T 4, B L O C K 14 EAST, IN SECTION 19, TOWNSHIP 5 NORTH, RANGE 27, EAST OF TH E W IL L A M E T T E MERIDIAN, IN THE CITY OF IRROGON, COUNTY OF M O R R O W A N D STATE OF OREGON. C om m only know n as: 1390 Southeast Riverview A venue, Irrig o n , OR, 97844. 3 . NOTICE TO DEFENDANTS: READ THESE PAPERS CAREFULLY! A lawsuit has been started against you in the above- entitled court by Wells Fargo Bank, N.A., its successors in interest and/or assigns, plaintiff. Plaintiff’s claims are stated in the written complaint, a copy of w hich was filed with the above- entitled Court. 4. You must “appear” in this case or the other side will win automatically. To “appear” you must file with the court a legal paper called a “motion” or “answer.” The “motion” or “answer” must be given to the court clerk or administrator within 30 days of the date of first publication specified herein along with the required filing fee. It must be in proper form and have proof of service on the plaintiff’s attorney or, if the plaintiff does not have an attorney, proof o f service on the plaintiff. 5. If you have any questions, you should see an attorney immediately. If you need help in finding an attorney, you may call the Oregon State Bar’s Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon at (800) 452-7636. 6.This summons is issued pursuant to ORCP 7. ROUTH C R A B TR EE OLSEN, P.S. By Janaya L. Carter, OSB #032830 Attorneys for Plaintiff 3535 Factoria Blvd SE, Suite 200 Bellevue, WA 98006 (425)586-1991; Fax (425) 283-5991 jcarter@rcolegal.com Published: March 3, 10, 17 and 24, 2010 Affidavit PUBLIC NOTICE TRUSTEE’S NOTICE OF SALE T.S. No.: OR-09- 326128-SH Reference is made to that certain deed made by MICHAEL M. SHELTON , A SINGLE PERSON as G rantor to Fidelity National Title Ins Co, as Trustee, in favor of Wells Fargo Home M ortgage, Inc., as Beneficiary, dated 4 /1 6 /2 0 0 4 , r e c o r d e d 0 5 /06/2004, in o fficial records of Morrow County, O reg o n , in b o o k /re e l/ volume No. xxx, at page No. xxx fee/file/instrument/ m icrofile/reception No. 2004-10875 covering the following described real property situated in said County and State, to wit: APN: R02916 Lot 17, Dune Addition Phase Two, In The City O f Irrigon, County O f M orrow A nd S tate O f O regon. C om m only known as: 470 DIVISION STREET IRRIGON, OR 97844 Both the beneficiary and th e tr u s te e have elected to sell the said real property to satisfy the obligations secured by said trust deed and a notice has been recorded pursuant to Section 86.735 (3) of Oregon Revised Statutes; the default for which the foreclosure is made is the grantor’s: The installments o f principal and interest w hich becam e due on 8/1 /2009, and all subsequent installments of principal and interest through the date o f this Notice, plus amounts that are due for late charges, delinquent property taxes, insurance premiums, advances made on senior liens, taxes and/ or in su ran ce, tru s te e ’s fees, and any attorney fees and court costs arising from or associated with the beneficiaries efforts to protect and preserve its security, all of which must be paid as a condition of reinstatem ent, including all sums that shall accrue through reinstatement or pay-off. Nothing in this notice shall be construed as a waiver o f any fees owing to the Beneficiary under the Deed o f Trust pursuant to the terms of the loan documents. Monthly Payment $430.38 Monthly Late Charge $21.52 By this reason of said default the beneficiary has declared all obligations secured by said trust deed immediately due and payable, said sums being the following, to wit: The sum of $53,390.92 together with interest thereon at the rate o f 5.8750 per annum from 7/1/2009 until paid; plus all accrued late charges thereon; and all trustee’s fees, foreclosure costs and any sums advanced by the beneficiary pursuant to the terms of said deed of trust. W hereof, notice hereby is given that, LSI Title Company of Oregon, LLC, the undersigned trustee will, on 6/29/2010, at the hour of 01:00 PM, Standard of Time, as established by section 187.110, Oregon Revised Statutes, at At the front door Morrow County Courthouse, 100 Court St., Heppner, OR County o f 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 of 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 expenses of sale, including a reasonable charge by the tru ste e. N otice is further given that any person named in section 86.753 of Oregon Revised Statutes has the right to have the foreclosure 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, tru stee’s and atto rn ey ’s fees and curing any other default complained of in the Notice o f 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. For Sale Information Call: 714-573- 1965 or Login to www. priorityposting.com . In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word “grantor” includes any successor in interest to the grantor as well as any other persons owing an obligation, the performance o f which is secured by said trust deed, the words “trustee” and “beneficiary” include their respective successors in interest, if any. Pursuant to Oregon Law, this sale will not be deemed final until the Trustee’s deed has been issued by LSI Title Company of Oregon, LLC. If there are any irregularities are discovered within 10 days o f the date o f this sale, that the trustee will rescind the sale, return the buyer’s money and take further action as necessary. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return o f monies paid to the Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the M ortgagee’s Attorney. NOTICE TO TENANTS If you are a tenant o f this p ro p e rty , fo re c lo s u re could affect your rental agreem ent. A purchaser who buys this property at a foreclosure sale has the right to require you to move out after giving you notice of the requirement. If you do not have a fixed-term lease, the purchaser may require you to move out after giving you a 30-day notice on or after the date of the sale. If you have a fixed-term lease, you may be entitled to receive after the date of the sale a 60-day notice o f the purchaser's requirement that you move out. To be entitled to either a 30-day or 60-day notice, you must give the Trustee of the Deed of Trust written evidence o f your rental agreement at least 30 days before the date first set for the sale. If you have a fixed- term lease, you must give the Trustee a copy of the rental agreement. If you do not have a fixed-term lease and cannot provide a copy o f the rental agreement, you may give the trustee other written evidence o f the existence of the rental agreement. The date that is 30 days before the date of the sale is 5/30/2010 the name of the Trustee and the Trustee's mailing address is set forth on this Notice of Sale below. Federal law may grant you additional rights, including a right to a longer notice period. Consult a lawyer for more information about your rights under federal law. You have the right to apply your security deposit and any rent you prepaid toward your current obligation under your rental agreement. If you want to do so, you must notify your Landlord in writing and in advance that you intend to do so. If you believe you need legal assistance with this matter, you may contact the Oregon State Bar and ask for the lawyer referral service. Contact information for the Oregon State Bar is included below with this notice. If you have a low income and meet federal poverty guidelines, you may be eligible for free leg al a s s is ta n c e . Contact inform ation for where you can obtain free legal assistance is included below with this notice. Oregon State Bar (503) 684-3763; (800) 452-7636 Legal assistance: www. lawhelp.org/or/index.cfm Dated: 2/22/2010 LSI Title Company of Oregon, LLC, as Trustee 3220 El Camino Real Irvine, CA 92602 S ig n atu re By: B rooke Frank, Assistant Secretary Quality Loan Service Corp. o f Washington, as agent for LSI Title Company of O regon, LLC 2141 5th Avenue San D iego, CA 92101 619-645-7711 For N on-S ale Inform ation: Quality Loan Service Corp. o f Washington 2141 5th Avenue San Diego, CA 92101 619-645-7711 Fax: 619-645-7716 If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holder’s rights against the real p roperty only. This Office is attempting to collect a debt and any information obtained will be used for that purpose. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. P670818 3/3, 3/10, 3/17, 03/24/2010 Published: March, 3,10, 17 and 24, 2010 Affidavit PUBLIC NOTICE M ORROW COUNTY LAND USE HEARING THE MORROW CO UN TY PLA N N IN G COMMISSION will hold the follow ing hearings o f p u b lic in te re s t on Tuesday, March 30, 2010, at 7:00 p.m. at the Port of Morrow Riverfront Center, Boardman, Oregon. Land Partition LP-S-216: Brosnan Ranches, Inc., a p p lic a n t, and ow ner. Property is described as Tax Lot 1500, of Assessor’s Map 2S 2917,19,20,24, and 30. The property is located on the top of Franklin Summit on S tate H ighw ay 74. Zoning is Exclusive Farm Use. Criteria for approval i n c l u d e t he M o r r o w County Subdivision Ordinance Article 5 Land Partitioning. C onditional Use Permit CUP-S-275: John Flynn/ Ruggs Ranch, applicant and owner. Property is described as tax lots 700 and 703 of Assessor’s Map 5S 25. The property is located southwest of Hardman off Highway 207. Zoning is EFU. Request is to approve a bird hunting preserve. Cr i t e r i a for appr ova l include the Morrow County Zoning Ordinance (MCZO) 3.010(D)( 13), 6.020 and 6.030. Conditional Use Permit C U P - N - 2 7 6 , Mi c h a e l Aippersbach and Associates, agent for Umatilla County Emergency Services, a p p lican t, City of Boardman, owner. The property is located south of the Union Pacific Railroad line, southeast of Columbia Boulevard, and northeast of Rippee Road. Zoning is General Industrial. Request is to approve installation of a 180-ft communications t o w e r and a s s o c i a t e d structures. C riteria for approval include MCZO 3.070(B)2. Continued from January 19, 2010: Review of Condition of Approval 1 of Conditional Use Permit CUP-N-213: Invenergy, owner of the subject wind energy project. Subject property is approxim ately 3,000 acres north of Cecil, Oregon located west of Highway 74 at approximately milepost 10 and is zoned EFU. The Planning Commission will be continuing discussion o f two noise studies to determine compliance with Condition of Approval 1 of the subject Conditional Use Permit. O p p o r t u n i t y to voi c e support or opposition to the above proposals or to ask questions will be provided. Failure to raise an issue in person or by letter or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue precludes appeal to the Land Use Board of Appeals based on those issues. Copies of the staff report and all relevant documents will be available after March 19, 2010. For more information, please contact the Planning Department at 541-922-4624 or 541-676- 9061 extension 5503. DATED this 10th day of March 2010 MORROW COUNTY P L A N N I N G DEPARTMENT Publ i s hed: Ma r c h 17, 2010 Affidavit PUBLIC NOTICE Morrow County Citizens A public meeting of the Morrow County Special Transportation Commit tee will be held on March 22, 2010 at 5:00 pm at the Morrow County Court House Annex, 150 Rock Street, Heppner, Oregon. Gayle Guiteriez, Morrow County Treasurer Published: March 17, 2010 Affidavit PUBLIC NOTICE A uction o f C ontents, 4 storage units. Stor-4-U, 426 Linden Way, Heppner, OR 10 a.m. April 3, 2010 contents of each unit to be sold as one parcel. Rick Smith, unit # 7, Matt Best & Amber Nunley, unit #65Brittany Bowes, units # 28 & 29 Published: March 10, 17, 2010 Sheriff’s Report The Morrow County Sheriffs Office reports han dling the following busi ness: „ , . , O ct. 26 cont.: -MCSO received report of a black lab with gold eyes last seen the previous Saturday between Hardman and the OHV Park. -MCSO received report of people living in a shed in Irrigon. The report was unfounded. It was just a grain storage shed. -MCSO received report of a diabetic female dazed and confused in Irri gon. She was transported to Good Shepherd Hospital. -MCSO received report of an Irrigon resident who locked herself out of the house. -MCSO deputy ad vised he was out at a loca tion issuing a citation. -MCSO received a report from Klickitat County that they received a 911 call reporting a roll over motor vehicle accident on Cherry St. above the lone High School. MCSO, lone Ambulance lone, Fire Department and Morrow County Public Works re sponded to the location which was determined to be on Ione-Gooseberry Road. Heppner Ambulance and Heppner Fire Department were also called out, but cancelled before arriving on scene. MCSO arrested Marlinda Pearl Flynn, 50, for DUII with a BAC of .16. She was cited and re leased. -MCSO received report of juveniles causing trouble, smashing pump kins south on Willowfork toward Kinkade in Board- man. MCSO was unable to locate the subjects. -Irri gon A m b u lance received report of a fire alarm at A.C. Houghton Elementary School. October 28: Mor row County Sheriffs Office cited Roger Joseph Gilberg, 61, for Violation o f the Speed Limit in a School Zone, 35 mph in a 20 mph zone. -MCSO received report from an Irrigon wom an that someone called her the previous day to advise her that she had won the Publisher’s Clearing House Sweepstakes and said they were going to send her two checks via Costa Rica, but she needed to call there and give her information to get the money. The woman said she did not give out her in formation, but did call U.S. Customs to let them know about the scam. -MCSO deputy ad vised he was attempting to serve a restraining order to a subject at a dairy in Boardman. -MCSO received a couple reports that asphalt trucks were driving too fast in Heppner. -MCSO, Heppner Ambulance received a re port of a rollover motor ve hicle accident in Lexington. The injured victim made his way home to lone. -MCSO received report that a subject went to the Irrigon Justice Court to report that someone was using his Social Security Number. -MCSO received report that a male subject was threatening to kill the reporter’s wife in Irrigon. -M CSO assisted the Forest Service in serv ing a citation. -MCSO arrested Shalon Garlynn Angel, 32, on a warrant for Failure to Appear/Driving While Suspended-misdemeanor. She was lodged at Umatilla County Jail with $6,000 bail. - MC S O de p u t y advised he was out with a subject doing a vehicle release. -MCSO received report that Hermiston Po lice Department arrested Raymond Douglas Sinclair, 36, on a Heppner Justice Court warrant for DUII. He was lodged at Umatilla County Jail with $6,000 bail. -MCSO cited Ben jamin Robert Burton, 24, for Violation of the Speed Limit. -Boardman Police Department reported that graffiti had been removed, but it needed to be pressure washed. I
