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