Heppner gazette-times. (Heppner, Or.) 1925-current, August 18, 2010, Page SEVEN, Image 7

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    Heppner Gazette-Times, Heppner, Oregon Wednesday, August 18, 2010 - SEVEN
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PUBLIC NOTICE
IN T H E C I R C U I T
COURT OF THE STATE
OF OREGON FOR THE
COUNTY OF MORROW
VICKI CULP, Claiming
Successor of ESTATE OF
KATHER1 NE KASSMAN,
Plaintiff vs
KNUTSON MORTGAGE
C O R P O R A T IO N , A
D elew are co rp o ratio n ,
Defendant.
C ase N o, 10C V 134
SUMMONS
TO:
KNUTSON
M O R T G A G E
C O R P O R A T IO N , th e
above named defendant.
1
IN THE NAME OF THE
STATE OF O R EG O N ,
you are hereby required
to appear and defend the
complaint filed against you
in the above entitled Court
on or before the expiration
of 30 days from the date of
the first publication of this
summons; if you fail to so
appear and answer, plaintiff
for want thereof will apply
to the above entitled Court
for the relief prayed for in
complaint, to wit:
(a)
Requiring defendant
and all persons claiming
under defendant to set forth
the nature of their claims,
if any, to the real property
described in paragraph 1
herein;
(b)
D eterm ining all
adverse claims, if any, of
defendant and all persons
claiming under defendant;
(c)
Declaring plaintiff
to be the ow ner in fee
simple of the real property
described above and entitled
to possession thereof, free
of any estate, title, claim,
lien, or interest of defendant
or those claiming under
defendant and quieting
title in the prem ises in
plaintiff;
(d)
Enjoining defendant
and those claiming under
defendant from asserting
any estate, title, claim, lien,
or interest in the premises or
any portion thereof;
(e)
Awarding plaintiff
her costs and disbursements
incurred herein; and
(0
Granting such other
relief as may be equitable.
2
Summary statement of the
object of the complaint: To
have title to real property
located at 365 S First Street,
Irrigon, Oregon, quieted to
Plaintiffs name only.
3
This summons is published
by order of the Honorable
C h risto p h er R. Brauer,
judge of the above entitled
Court made and entered
on the 22nd day o f July,
2010, directing publication
of this summons once each
week for four consecutive
w eeks in the H eppner
Gazette-Times, a newspaper
published and o f general
circ u latio n in M orrow
County, Oregon,
Date of first publication:
August 4, 2010
Date of last publication:
August 25, 2010
4
NOTICE TO
DEFENDANT: READ
THESE PAPERS
CAREFULLY
You must "appear in this
case or the o th e r side
will win autom atically.
To "appear" you m ust
file with the court a legal
paper called a "motion" or
"answer". The "motion" or
"answer" (or "reply") must
be given to the court clerk
or administrator within 30
days o f the date o f first
publication specified herein
along with the required
filing fee. It must be in
proper form and have proof
of service on the plaintiff
attorney or, if the plaintiff
does not have an attorney,
p ro o f o f service on the
plaintiff.
5
If you have questions, you
should see an attorney
immediately. If you need
help in finding an attorney,
you may call the Oregon
State Bar Lawyer Referral
Service at (503) 684-3763
or toll free at (800) 452-
7636. DATED this 27th day
of July, 2010.
Thomas J. Creasing, OSB
#940623
Attorney for Plaintiff
410 E. Hurlburt Ave.
Hermiston, OR 97838
Telephone: 541-567-8301
Published: August 4,11,18
and 25, 2010
Affidavit
PUBLIC NOTICE
Estate: LaVeme Stephen
Donovan
Notice to Interested Persons
(No. 10PR023)
In the Circuit Court of the
State o f Oregon for the
County of Morrow, Probate
Department.
In the Matter of the Estate of
LaVeme Stephen Donovan,
Deceased.
Notice is hereby given that
C. Thomas Davis has been
appointed as the personal
representative of the above
estate. All persons having
claims against the estate are
required to present them to
the undersigned personal
representative in care of
the undersigned attorney
at: 12220 SW First Street,
Beaverton, Oregon, 97005
within four months after
the date of first publication
o f this notice, as stated
below, or such claims may
be barred. All persons
w h o se rig h ts m ay be
affected by the proceedings
in this estate may obtain
additional information from
the records of the Court, the
personal representative or
the attorney for the personal
representative.
Dated and first published
August 18, 2010.
C. THOMAS DAVIS
Personal Representative
12220 SW First Street
Beaverton, OR 97005
C. THOMAS DAVIS
A tto rn ey fo r P erso n al
Representative
12220 SW First Street
Beaverton, OR 97005
Published: August 18, 25
and September 1, 2010
Affidavit
PUBLIC NOTICE
MORROW COUNTY
LAND USE HEARING
THE M ORROW
C O UN TY PLA N N IN G
COMMISSION will hold
the following hearings of
public interest on Tuesday,
August 31, 2010, at 7:00
p.m. at the Heppner City
Hall, Heppner Oregon.
R em and o f P lanning
Commission Decision on
Condition o f Approval 1
of CUP-N-213: Invenergy,
owner of the subject wind
energy project. Subject
property is approximately
3 ,0 0 0 a c r e s lo c a te d
north o f C ecil, Oregon,
w est o f H ighw ay 74 at
approxim ately M ilepost
10. Zoning is Exclusive
Farm Use (EFU ). The
Planning Commission will
be reviewing the decision
they made at the May 25,
2010, hearing regarding
noise studies to determine
compliance with Condition
of Approval 1 o f the subject
conditional use permit.
C o n d itio n a l U se
Permit CUP-N-284: Ron
H ag u ew o o d a p p lic a n t
and owner. The property
is described as Tax Lot
5900 o f A ssessor’s Map
IN 23. The property is
located on Ely Canyon
Road approximately 6 miles
north of lone off Highway
74 and is zoned EFU.
Request is to approve an
aggregate quarry that will
process less than 500,000
tons of aggregate material.
Criteria for approval include
M orrow County Zoning
Ordinance (MCZO) Article
3.010(D)(11) and Article 6
Conditional Uses, Sections
6.020, 6.030 and 6.050(1).
C om prehensive Plan
A m en d m en ts A C -040-
10 and A C (M )-041-10:
Ron Haguewood applicant
and owner. The property
is described as Tax Lot
5900 o f A ssessor’s Map
IN 23. The property is
located on Ely Canyon
R oad ap p ro x im ately 6
m iles north o f lone off
Highway 74 and is zoned
EFU. Request is to amend
the Comprehensive Plan to
include a locally significant
aggregate site to Morrow
County’s list of significant
ag g reg ate sites and to
amend the Comprehensive
Plan map to include the
aggregate site location.
Criteria for approval are
fo u n d in th e M orrow
County C om prehensive
Plan (MCCP) Review and
Revision Process.
Conditional Use Permit
C U P -N -2 8 5 : O reg o n
Wind Farm, applicant and
Madison Farms, M ader/
Rust Farms, Christensen
Farm s, D oherty Farms,
L in d s a y F a rm s , an d
H aw kins Farm ow ners.
The property is described as
Tax Lot 400 of Assessor’s
Map IN 26, Tax Lot 800 of
Assessor’s Map 2N 26 16,
Tax Lot 100 of Assessor’s
Map 2N 27 16, and Tax
Lot 1100 o f A ssesso r’s
Map 3N 27. The property
is located in east central
Morrow County near the
Umatilla County line and
is zoned EFU. The request
is to site a community wind
power facility. Criteria for
approval include MCZO
Article 3.010(D)(16) and
Article 6 Conditional Uses,
Sections 6.020,6.030,6.040
and 6.050(0).
Land Partition LP-N-
421: Tim and Jeanette
M eyers, applicants, and
Susan Koch, owner. The
property is described as Tax
Lot 1104 of Assessor’s Map
5N26 25C. The property is
located west of Irrigon and
is zoned Rural Residential
(R R ). R e q u e st is to
partition a 7.98-acre parcel
into a 2-acre parcel and a
5.98-acre parcel. Criteria
for approval include the
Morrow County Subdivision
Ordinance Article 5 Land
Partitioning.
Park Master Plan and
C o m p re h e n s iv e P la n
R e c r e a tio n E le m e n t:
Morrow County, applicant.
Proposal is to update the
MCCP Recreation Element
to address changes to the
M orrow C ounty Parks
Master Plan, to amend the
Parkland Overlay Zone,
and to apply the Parkland
Overlay Zone to Morrow
County parks. Criteria for
approval are found in the
MCCP Review and Revision
Process and MCZO Article
8 Amendments.
A Z -0 3 5 -1 0 A m end
I n d u s t r i a l Z o n e RV
Standards: Morrow County,
applicant. Proposal is to
amend various sections of
the MCZO based on Oregon
State-adopted temporary
private campground rules
and other statutory changes
regarding RV parks. This
amendment will also update
the entire MCZO relative to
RVs and RV parks. Criteria
for approval are found in the
MCCP Review and Revision
Process and MCZO Article
8 Amendments.
A T S P -2 9 -10 M in o r
Update to the Transportation
System Plan: M orrow
County, applicant. Second
hearing on the request
to add the Wilson Lane/
Laurel Road Intersection
Im p ro v em en ts p ro je c t
to the M orrow County
Transportation System Plan.
The project involves 1.5
miles of Wilson Lane from
the intersection of Laurel
Road to the intersection of
South Main in Boardman
and to construct a turning
lan£ on W ilson Lane.
Criterion for approval will
be MCZO Article 8.050.
O pportunity to voice
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
w ill be av ailable after
August 20,2010. For more
information, please contact
the Planning Department at
541-922-4624 or 541-676-
9061 extension 5503.
DATED this 11th day of
August 2010
M ORROW COUNTY
P L A N N I N G
DEPARTMENT
Published: August 18, 2010
Affidavit
PUBLIC NOTICE
TRUSTEE'S NOTICE
OF SALE 10-104693 A
default has occurred under
the terms o f a trust deed
made by Edward Hallowell,
as grantor to Colum bia
River Title Company, as
T r u s te e , in fa v o r o f
M o rtg a g e E le c tro n ic
Registration Systems, Inc
as nominee for American
Mortgage Express Financial
DBA Millennium Funding
Group, as Beneficiary, dated
April 20, 2006, recorded
A pril 27, 2006, in the
m o rtg a g e r e c o rd s o f
Morrow County, Oregon, as
Instrument No. 2006-16548,
beneficial interest having
been assigned to HSBC
Bank USA, N. A., As Trustee
for the registered holders of
N om ura Home E quity
Loan, Inc., Asset-Backed
Certificates, Series 2006-
H E3, as co v e rin g the
following described real
property: Commencing at
the East Quarter comer of
Section 36, in Township 5
North, Range 26, East of the
Willamette Meridian, in the
County o f M orrow and
State o f Oregon; thence
North 00 degrees 08' 51"
West along the East line of
said section 36 a distance of
836.18 feet; thence North
89 degrees 56'00" West a
distance of 30.00 feet to a
point on the Westerly right
o f way line o f a County
Road, said point being the
true point o f beginning;
thence South 00 degrees
08'51" East along said right
of way a distance of 219.36
feet; th e n ce N orth 89
degrees 56'00" West a
distance o f 213.15 feet;
thence North 00 degrees
08'51" West a distance of
219.36 feet; thence South
89 degrees 56'00" East a
distance o f 213.15 feet to
the point o f beginning
COMMONLY KNOWN
AS: 75621 Pheasant Lane,
Irrigon, 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
default has been recorded
pursuant to Oregon Revised
S tatutes 86.735(3); the
d e fa u lt fo r w hich the
fo reclo su re is m ade is
grantor's failure to pay when
due the following sums:
Monthly payments in the
sum o f $918.22, from
January 1, 2010, together
with all costs, disbursements,
and/or fees incurred or paid
by the beneficiary and/or
trustee, their employees,
agents or assigns. By reason
o f s a id d e f a u l t th e
beneficiary has declared all
su m s o w in g on th e
obligation that the trust
deed secures immediately
due and payable, said sum
being the following, to-wit:
$105,584.93, together with
interest thereon at the rate
of 9.59% per annum from
December 1,2009, together
with all costs, disbursements,
and/or fees incurred or paid
by the beneficiary and/or
trustee, their employees,
a g e n ts or a s s ig n s .
W H E R E FO R E , n o tice
hereby is given that the
undersigned trustee will on
October 25, 2010, at the
hour of 11:00 AM PT, in
accord with the standard
time established by ORS
187.110, at th e m ain
entrance to the Morrow
County Courthouse, located
at 100 Court Street, in the
City of Heppner, 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
grantor has or had power to
convey at the time of the
execution of said trust deed,
together with any interest
which the grantor or his
su c c e sso rs in in te re st
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 trustee. Notice
is further given to any
person nam ed in ORS
86.753 that the right exists,
at any time that is not later
than five days before the
date last set for the sale, to
have th is fo re c lo su re
proceeding dismissed and
the trust deed reinstated by
paying to the beneficiary of
the entire amount due (other
than such portion o f the
principal as would not then
be due had no default
occurred) and by curing any
other default complained of
herein that is capable of
being cured by tendering
the performance required
under the obligations or
trust deed, and in addition
to paying said sums or
tendering the performance
n e c e ssa ry to cure the
default, by paying all costs
and ex p en ses actu ally
incurred in enforcing the
obligation and trust deed,
together with trustee's fees
!
and attorney's fees not
exceeding the am ounts
p rovided by said ORS
86.753. In construing this
notice, the masculine gender
includes the feminine and
the neuter, the singular
includes the plural, the
word "grantor" includes any
successor in interest to the
grantor as well as any other
person owing an obligation,
the performance of which is
secured by said trust deed,
and the words "trustee" and
"beneficiary" include their
respective successors in
interest, if any. Also, please
be advised that pursuant to
the terms stated on the Deed
o f Trust and N ote, the
beneficiary is allowed to
conduct property inspections
while property is in default.
This shall serve as notice
that the beneficiary shall be
c o n d u c tin g p r o p e r ty
inspections on the said
r e f e r e n c e d p ro p e rty .
N O T I C E
TO
RESIDENTIAL TENANTS
The property in which you
are living is in foreclosure.
A fo re c lo su re sale is
scheduled for 10/25/10.
Unless the lender who is
foreclosing on this property
is paid, the foreclosure will
go through and someone
new will own this property.
The following information
applies to you only if you
o c c u p y and re n t th is
property as a residential
dwelling under a legitimate
ren tal ag reem en t. The
information does not apply
to you if you own this
property or if you are not a
residential tenant. If the
foreclosure goes through,
the business or individual
who buys this property at
the foreclosure sale has the
right to require you to move
out. The buyer must first
give you an eviction notice
in writing that specifies the
date by which you must
move out. The buyer may
not give you this notice
until after the foreclosure
sale happens. If you do not
leave before the move-out
date, the buyer can have the
sheriff remove you from the
p ro p erty a fte r a court
hearing. You will receive
notice of the court hearing.
FEDERAL
LAW
REQUIRES YOU TO BE
NOTIFIED IF YOU ARE
O C C U P Y I N G AND
RENTING
THIS
P R O P E R T Y AS A
R E S I D E N T I A L
DWELLING UNDER A
LEGITIMATE RENTAL
AGREEMENT, FEDERAL
LAW REQUIRES THE
BUYER TO GIVE YOU
NOTICE IN WRITING A
CERTAIN NUMBER OF
DAYS B E F O R E THE
BUYER CAN REQUIRE
YOU TO MOVE OUT.
THE F E DE RAL LAW
THAT REQUIRES THE
BUYER TO GIVE YOU
T H I S N O T I C E IS
EFFECTI VE UNTIL
12/31/12. Under federal
law, the buyer must give
you at least 90 days' notice
in writing before requiring
you to move out. If you are
renting this property under
a fixed-term lease (for
example, a six- month or
one-year lease), you may
stay until the end o f your
lease term. If the buyer
wants to move in and use
this property as the buyer's
prim ary resid en ce, the
buyer can give you written
notice and require you to
move out after 90 days,
even if you have a fixed-
term lease with more than
90 days left. STATE LAW
NOTIFICATION
REQUIREMENTS IF THE
FEDERAL LAW DOES
NOT APPLY, STATE LAW
STILL REQUIRES THE
BUYER TO GIVE YOU
NOTICE IN WRI TI NG
BEFORE REQUI RI NG
YOU TO MOVE OUT IF
YOU ARE OCCUPYING
AND RE N T I N G THE
PROPERTY AS ATEN ANT
IN GOOD FAITH. EVEN
•Continued on Page E IG H T