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EIGHT - Heppner Gazette-Times, Heppner, Oregon Wednesday, August 11,2010 charge by the trustee. Notice renting this property under TRUSTEE'S NOTICE is further given to any a fixed-term lease (for OF SALE 10-104693 A person nam ed in ORS example, a six- month or default has occurred under 86.753 that the right exists, one-year lease), you may the terms o f a trust deed at any time that is not later stay until the end of your made by Edward Hallowell, than five days before the lease term. If the buyer as grantor to C olum bia date last set for the sale, to« wants to move in and use River Title Company, as have th is fo re c lo su re this property as the buyer's T r u s te e , in fa v o r o f proceeding dismissed and prim ary resid en ce, the M o rtg a g e E le c tr o n ic the trust deed reinstated by buyer can give you written Registration Systems, Inc paying to the beneficiary of notice and require you to as nominee for American the entire amount due (other move out after 90 days, Mortgage Express Financial than such portion o f the even if you have a fixed- DBA Millennium Funding principal as would not then term lease with more than Group, as Beneficiary, dated be due had no d efault 90 days left. STATE LAW April 20, 2006, recorded occurred) and by curing any N O T I F I C A T I O N A pril 27, 2006, in the other default complained of REQUIREMENTS IF THE m o rtg a g e r e c o r d s o f herein that is capable o f FEDERAL LAW DOES Morrow County, Oregon, as being cured by tendering NOT APPLY, STATE LAW Instrument No. 2006-16548, the performance required STILL REQUIRES THE beneficial interest having under the obligations or BUYER TO GIVE YOU been assigned to HSBC trust deed, and in addition NOTICE IN WRITING Bank USA, N.A., AsTrustee to paying said sums or BEFORE REQUI RI NG for the registered holders of tendering the performance YOU TO MOVE OUT IF N om ura H om e E q u ity n e c e ssa ry to cu re the YOU ARE OCCUPYING Loan, Inc., Asset-Backed default, by paying all costs AND RE N T I N G THE Certificates, Series 2006- and ex p en ses actu ally PROPERTY AS ATEN ANT H E 3, as c o v e rin g the incurred in enforcing the IN GOOD FAITH. EVEN following described real obligation and trust deed, IF THE FEDERAL LAW property: Commencing at together with trustee's fees REQUIREMENT IS NO the East Quarter comer of and attorney's fees not LONGER EFFECTIV E Section 36, in Township 5 exceeding the am ounts AFTER 12/31/12, THE North, Range 26, East of the pro v id ed by said ORS REQUIREMENT UNDER Willamette Meridian, in the 86.753. In construing this STA TE LAW S T I L L C ounty o f M orrow and notice, the masculine gender A P P L I E S TO YOUR State o f Oregon; thence includes the feminine and SITUATION. Under state North 00 degrees 08' 51" the neuter, the singular law, if you have a fixed- West along the East line of includes the plural, the term lease (for example, a said section 36 a distance of word "grantor" includes any six-m onth or o ne-year 836.18 feet; thence North successor in interest to the lease), the buyer must give 89 degrees 56'00" West a grantor as well as any other you at least 60 days' notice distance of 30.00 feet to a person owing an obligation, in writing before requiring point on the Westerly right the performance of which is you to move out. If the o f way line o f a County secured by said trust deed, buyer wants to move in and Road, said point being the and the words "trustee" and use this property as the true point o f beginning; "beneficiary" include their buyer's primary residence, thence South 00 degrees respective successors in the buyer can give you 08'51" East along said right interest, if any. Also, please written notice and require of way a distance of 219.36 be advised that pursuant to you to move out after 30 feet; th e n ce N orth 89 the terms stated on the Deed days, even if you have a degrees 56'00" West a o f T rust and N ote, the fixed-term lease with more distance o f 213.15 feet; beneficiary is allowed to than 30 days left. If you are thence North 00 degrees conduct property inspections renting under a month-to- 08'51" West a distance of while property is in default. month or week-to-week 219.36 feet; thence South This shall serve as notice rental agreement, the buyer 89 degrees 56'00" East a that the beneficiary shall be must give you at least 30 distance of 213.15 feet to c o n d u c tin g p r o p e r ty days' notice in w riting the point o f beginning inspections on the said before requiring you to COMMONLY KNOWN r e f e r e n c e d p r o p e r ty . move out. IMPORTANT: T O For the buyer to be required AS: 75621 Pheasant Lane, N O T I C E RESIDENTIALTENANTS to give you notice under Irrigon, OR 97844 Both the The property in which you state law, you must prove to beneficiary and the trustee are living is in foreclosure. the business or individual have elected to sell the said A fo re c lo s u re sale is w ho is h a n d l i n g the real property to satisfy the scheduled for 10/25/10. foreclosure sale that you are obligations secured by said Unless the lender who is occupying and renting this trust deed and a notice of foreclosing on this property property as a residential default has been recorded is paid, the foreclosure will dwelling under a legitimate pursuant to Oregon Revised go through and someone rental agreement. The name S tatutes 86.735(3); the d e fa u lt for w h ich the new will own this property. and address of the business fo reclo su re is m ade is The following information o r i n d i v i d u a l who is grantor's failure to pay when applies to you only if you handling the foreclosure due the following sums: o c c u p y and re n t th is sale is shown on this notice Monthly payments in the property as a residential u n d e r t h e h e a d i n g sum o f $91 8 .2 2 , from dwelling under a legitimate 'TRUSTEE.'You must mail January 1, 2010, together ren tal ag reem en t. The or deliver your proof not with all costs, disbursements, information does not apply later than 9/25/10 (30 days and/or fees incurred or paid to you if you own this before the date first set for by the beneficiary and/or property or if you are not a the foreclosure sale). Your trustee, their employees, residential tenant. If the proof must be in writing and agents or assigns. By reason foreclosure goes through, should be a copy of your o f s a id d e f a u l t th e the business or individual rental agreement or lease. If beneficiary has declared all who buys this property at you do not have a written su m s o w in g on th e the foreclosure sale has the rental agreement or lease, obligation that the trust right to require you to move you can provide other proof, deed secures immediately out. The buyer must first such as receipts for rent you due and payable, said sum give you an eviction notice pai d. A B O U T Y OU R being the following, to-wit: in writing that specifies the S E C U R I T Y D E PO SIT $105,584.93, together with date by which you must Under state law, you may interest thereon at the rate move out. The buyer may apply your security deposit of 9.59% per annum from not give you this notice and any rent you paid in December 1,2009, together until after the foreclosure advance against the current with all costs, disbursements, sale happens. If you do not rent you owe your landlord. and/or fees incurred or paid leave before the move-out To do this, you must notify by the beneficiary and/or date, the buyer can have the your landlord in writing that trustee, their employees, sheriff remove you from the you want to subtract the a g e n t s o r a s s i g n s . p ro p erty afte r a court amount o f your security W H E R E F O R E , n o tice hearing. You will receive deposit or prepaid rent from hereby is given that the notice of the court hearing. your rent payment. You L A W may do this only for the rent undersigned trustee w ill on F E D E R A L October 25, 2010, at the REQUIRES YOU TO BE you ow e your current hour of 11:00 AM PT, in NOTIFIED IF YOU ARE landlord. If you do this, you accord with the standard O C C U P Y I N G A N D m ust do so before the T H I S fo re c lo s u re sa le . The time established by ORS R E N T I N G 187 .1 1 0 , at th e m ain P R O P E R T Y A S A business or individual who entrance to the Morrow R E S I D E N T I A L buys this property at the County Courthouse, located DWELLING UNDER A foreclosure sale is not at 100 Court Street, in the LEGITIMATE RENTAL responsible to you for any City of Heppner, County of AGREEMENT, FEDERAL deposit or prepaid rent you Morrow, State of Oregon, LAW REQUIRES THE paid to your landlord. sell at public auction to the BUYER TO GIVE YOU ABOUTYOURTENANCY THE highest bidder for cash the NOTICE IN WRITING A A F T E R CERTAIN NUMBER OF FORECLOSURE SALE interest in the said described DAYS B EFO R E THE The business or individual real property which the grantor has or had power to BUYER CAN REQUIRE who buys this property at convey at the time of the YOU TO MOVE OUT. the foreclosure sale may be execution of said trust deed, THE F E DE RAL LAW willing to allow you to stay together with any interest THAT REQUIRES THE as a tenant in stead o f which the grantor or his BUYER TO GIVE YOU requiring you to move out. s u c c e s s o rs in in te re s t T H I S N O T I C E IS You should contact the acquired after the execution E F F E C T I V E U N T I L b u y e r to di s cus s that of said trust deed, to satisfy 12/31/12. Under federal possibility if you would like the foregoing obligations law, the buyer must give to stay. Under state law, if thereby secured and the you at least 90 days' notice the buyer accepts rent from costs and expenses of sale, in writing before requiring you, signs a new residential including a reaso n ab le you to move out. If you are rental agreement with you PUBLIC NOTICE or does not notify you in writing within 30 days after the date of the foreclosure sale that you must move out, the buyer becomes your new landlord and must maintai n the property. Otherwise, the buyer is not your landlord and is not responsible for maintaining the property on your behalf and you must move out by the date the buyer specifies in a notice to you. YOU SHOULD CONTINUE TO PAY RENT TO YOUR LANDLORD UNTIL THE PROPERTY IS SOLD TO ANOTHER BUSINESS OR I NDI VI DUAL OR UNTIL A COURT OR A LENDER TELLS YOU OTHERWISE. IF YOU DO NOT PAY RENT, YOU CAN BE EVICTED. AS EXPLAI NED ABOVE, YOU MAY BE ABLE TO APPLY A DEPOSIT YOU MADE OR P REP AI D RENT YOU PAID AGAINST YOUR CURRENT RENT OBLIGATION. BE SURE TO KEEP PROOF OF ANY PAYMENTS YOU MAKE AND OF ANY NOTICE YOU GIVE OR RECEIVE C O N C E R N I N G THE APPLICATION OF YOUR D E P O S I T OR Y O U R PREPAID RENT. IT IS UNLAWFUL FOR ANY PERSON TO TRY TO FORCE YOU TO LEAVE YOUR HOME WITHOUT FIRST GOING TO COURT TO EVICT YOU. FOR MORE INFORMATION ABOUT YOUR RIGHTS, YOU MAY WI SH TO CONSULT A LAWYER. 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 with this notice. If you have a low income and meet federal poverty guidelines, you may be eligible for free legal assistance. Contact information for where you can obt a i n free legal assistance is included with this notice. O RE GON STATE BAR 16037 S.W. Upper Boones Ferry Road Tigard, Oregon 97224 (503) 620-0222 (800) 452-8260 http://www.osbar.org 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 with this notice. If you have a low income and meet federal poverty guidelines, you may be eligible for free legal assistance. Contact information for where you can obt a i n free legal assistance is included with this notice. O R E G ON STATE BAR 16037 S.W. Upper Boones Ferry Road Tigard, Oregon 97224(503) 620-0222 (800) 452-8260 http://www.osbar.org D irectory o f Legal Aid P rogram s: h ttp ://w w w . oregonlawhelp.org The Fair Debt Collection Practice Act requires that we state the following: This is an attempt to collect a debt, an d any i n f o r m a t i o n obtained will be used for that purpose. If a discharge has been obtained by any party through bankruptcy proceedings: This shall not be cons t rued to be an at t empt to col l ect the outstanding indebtedness or hold you personally liable for the debt. Dated: 7/1/10 B y: KELLY D. SUTHERLAND Successor Trustee SHAPIRO & SUTHERLAND, LLC 5501 N.E. 109th Court, Suite N V ancouver, WA 98662 www. s hapi r oat t or neys . com/wa Telephone:(360) 260-2253 Toll-free: 1-800- 970-5647 S&S 10-104693 ASAP# 3623828 08/11/2010, 08/18/2010, 08/25/2010, 09/01/2010 Published: August 11, 18, 25 and September 1, 2010 Affidavit lone Community School announces upcoming events lone Community School will have student regis tration on August 23 for grades 9-12. Students need to call (541) 422-7131 ahead of time for an appointment. Free sports physicals will be given August 23 at 6 p.m. Football and volleyball practices will also begin on August 23. Football practice begins at 7 a.m., volleyball practice begins at 6:30 p.m. Morrow County Court weekly meeting held The Morrow Coun ty Court met on August 4 in Heppner with Commis sioner Grieb and Commis sioner Rea in attendance. Following is a summary of the meeting provided by Leann Rea. The court reviewed and approved the minutes from the July 28 meeting. The court reviewed and approved account pay ables in the net total amount of $398,451.09. Road Report The crew is con tinuing with crack sealing on Willow Creek Road, a little over half of the road has been completed. The crew rolled Sunflower Flat Road the day after the dust abatem ent m aterial was applied to bind everything together. After the rain, the crew touched up some of the wash boarded areas farther up the Sunflower Flat Road and Tupper Lane, and rolled those areas. The crusher has been moved and set up at the OH V pit. They are currently doing mainte nance on some of the units and should be up and oper ating by Monday, August 9. Some of the crew is sweep ing roads in the Boardman and Irrigon areas in prepa ration for paint striping. The crew is moving equipment to the Blake Ranch Road so work can start on that project Monday. The crew Vdl work on brush removal and placing culverts in an area of the road bothered with springs. The court approved the “Request for Qualifications” (RTQ) for logging timber in Morrow County Parks to Pine Creek Logging, Inc. Sheriff’s Report Ken Matlack, sher iff, provide the court with the following report: Hep pner, lone and Lexington Areas - A juvenile male missing in the mountains, located. The court learned that an individual had made potential threats towards the district attorney’s office. The sheriff responded to a report of fireworks being discharged in the moun tains. The court received a report about two missing adults at the OHV Park, located with one being injured. Irrigon Area - A stolen Jet Ski and trailer were located in an area south of the Army Depot. A pit bull was surrendered to Pet Rescue after biting a four year old child on the head. Deputies engaged in a foot pursuit of a suspect after a routine traffic stop. Boardman Area - A welfare check was conducted for an elderly female on 1-84. The office responded to a report o f a disturbance/trespass of protesters at Three Mile Canyon Farms. The deputy informed the protesters of the rules regarding where the protesters can stand with their picking signs. A missing boater was located in one of the sloughs. The boater had lost his motor. The sheriff provided the court with an update on the status of employees for the Parole and Probation Program. Union Contract The court autho rized the personnel director to move forward with the preparation of a contract reflecting the settlement of the Teamster Union’s offer for a one year contract with the county including a 1.5% cost of living adjustment and to allow the sheriff department management to participate in the Team ster Trust Health Insurance Program. Planning Layne Womack, Associate Planner, provided the court with the second reading of “An Ordinance Amending the Comprehen sive Plan to Include a Goal 5 Significant Aggregate Resource Site and Amend the Comprehensive Plan and Zoning Maps to Apply the Significant Resource Overlay Zone” for an ag gregate site located on Wil low Farms. The court then approved and signed the Adopting Ordinance for the aggregate site. CAPECO Donna Kinnaman, Community Services Ex ecutive Officer, met with the court to discuss services offered through the Emer gency Shelter Program. Ms Kinnaman provided the court with dollar amounts available and statistics showing the increasing requests for services. The court reviewed and autho rized the signing of the Cer tification of Local Approval for Nonprofit Organizations form. The court conduct ed the following business: Permit - On the recommen dation of the Road Depart ment the court approved Permit # OGZ for the City O f Heppner to repair water main break(s) along Willow Creek Road. The project is approximately 11 miles up Willow Creek. Appointment - The court appointed Kate Close to the Equity Fund Committee. Taxes - The court cancelled the prop erty taxes in the amount of $77.33 for a parcel located in the Irrigon area. Property owned is deceased with no known relatives. Contract approval - Reviewed and approved the amendment to a contract between Morrow County and Oregon Dept, of Energy; Reviewed and approved Amendment #2 with the D epartm ent o f Justice regarding the Child Support Program. Letter - A letter o f support for Portland General Electric (PGE) was reviewed and signed. Heritage Trail - The court authorized the use of some county rock that does not meet county road specifications for use on the Fleritage Trail in the Irrigon area. Those working on the trail will be responsible for moving the rock from the county pit to the trail. Fair Board - The court authorized the issuance of “Thank You Coupons” to the Fair Board members for a free lunch at the 4-H Snack Shack. Various correspon dences and upcoming meet ing notices were reviewed and discussed. If you would like to be placed on the list to receive County mi n utes. contact Karen Wolff at (541)676-5620. To place a classified ad call 541 676-9228 - Heppner Gazette-Times
