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Heppner Gazette-Times, Heppner, Oregon Wednesday, August 25, 2010 - SEVEN 660 acres 14 miles south o f H ep p n er on H w y . 207, gated driveway, 360 degree view s, fenced, co rra l, p o w e r, n a tive grasses, deer & gam e birds, close to National Forest, $235,000. Dave, 503-804-2652 8-18-4c S ER V IC ES Veteran’s Services Hours: 9-12 am & 1-4 pm First Thursday of each m onth Giliiam Building, Heppner Please call for Appointment Phone 5 4 1 -9 2 2 -6 4 2 0 Please leave a detailed message AFFORDABLE FAMILY < 5L /* EYEW EAR Kids Package 2 p a ir s fo r $ 99.22 2 Complete Frames & Lenses • Single Vision Polycarbonate Lens • 1 Year Warranty on frames & Lenses • Same Day Service Add K ids Transition or Anti Reflective For Only $30 W e will match or better any advertised price in Eastern Oregon/Washington Guaranteed!! 1045 N. 1st St. • Hermiston 541 567-3790 - FO R R EN T Cottage Creek Apartments l bed / l bath apartments All utilities included! 160 N. Chase Street Call toll free: ( 877 ) 967-6583 2 bedroom 2nd floor apt 515 N elder. Heppner 208-384- 1589 Or 676-5305 8-25-tfc N ic e 2 bedroom du plex in Heppner. $475 mo. + deposit. Water/sewer paid Call Bill: 541-913-3781 8-25-lp Modem 4 bedroom 2.5 bath house for rent $ 1000/ month. Credit check required 541- 379-2188 8-11-tfc D eadlin e fo r classified & legal a d vertisin g- M o n d a y at 5:00 PU BLIC N O TIC E IN TH E C IR C U IT C O U R T OF T H E STATE O F O R E G O N FO R TH E C O U N T Y OF M O R R O W V I C K I C U L P , C la im in g Successor o f ESTATE OF K A T H E R 1 NE K A S S M A N , Plaintiff vs K N U TSO N M O RTG AG E C O R P O R A T IO N , A D e le w a r e c o r p o r a tio n . Defendant. C ase N o , 10C V 134 SUM M ONS T O : K N U T S O N M O R T G A G E C O R P O R A T I O N , th e above named defendant. 1 IN TH E N A M E OF TH E STATE OF O R E G 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 o f 30 days from the date o f the first publication o f this summons; i f you fail to so appear and answer, plaintiff for w ant thereof w ill apply to the above entitled Court for the relief prayed for in complaint, to wit: (a ) Requiring defendant and all persons claim ing under defendant to set forth the nature o f their claims, i f any, to the real property described in paragraph 1 herein; (b ) D eterm in in g all adverse claims, i f any, o f defendant and all persons claiming under defendant; (c ) Declaring plaintiff to be the o w n e r in fe e simple o f the real property described above and entitled to possession thereof, free o f any estate, title, claim, lien, or interest o f defendant or those cla im in g under defen d a n t and q u ie tin g title in the prem ises in plaintiff; (d ) Enjoining defendant and those claim ing 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 (f) Granting such other relie f as may be equitable. 2 Summary statement o f the object o f 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 o f the Honorable C h risto p h er R. B rauer, judge o f the above entitled Court made and entered on the 22nd day o f July, 2010, directing publication o f this summons once each week for four consecutive w e e k s in the H e p p n e r Gazette-Times, a newspaper published and o f general c ir c u la tio n in M o r r o w County, Oregon, Date o f first publication: August 4, 2010 Date o f last publication: - A » g u * ’i 5 , 2 t ) 1 0 ...... 4 N O T IC E TO DEFENDANT: READ TH E SE PAPERS CAREFULLY You must "appear in this ca se o r the o th e r sid e w ill w in a u tom atica lly. T o "a p p e a r " y o u must file with the court a legal paper called a "motion" or "answer". The "motion" or "answer" (or "rep ly") must be given to the court clerk or administrator within 30 days o f the date o f first publication specified herein a lon g w ith the required filin g fee. It must be in proper form and have proof o f service on the plaintiff attorney or, i f the plaintiff does not have an attorney, p r o o f o f s e rv ic e on the plaintiff. 5 I f you have questions, you sh ould see an a tto rn ey immediately. I f 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 (80 0) 452- 7636. D A TE D this 27th day o f July, 2010. Thomas J. Creasing, OSB #940623 Attorney for Plaintiff 410 E. Hurlburt Ave. Hermiston, O R 97838 Telephone: 541-567-8301 Published: August 4, 11, 18 and 25, 2010 A ffidavit PU BLIC N O TICE T R U S T E E 'S N O T IC E O F S A L E 10-104693 A default has occurred under the terms o f a trust deed made by Edward Hallowell, as gran tor to C olu m b ia R iv er T itle Com pany, as T r u s t e e , in f a v o r o f M o r t g a g e E le c t r o n ic Registration Systems, Inc as nominee for American Mortgage Express Financial D B A Millennium Funding Group, as Beneficiary, dated A pril 20, 2006, recorded A p r il 27, 2006, in the m o rtg a g e re c o rd s o f Morrow County, Oregon, as Instrument No. 2006-16548, beneficial interest having been assigned to H S B C Bank U SA, N .A., A s Trustee for the registered holders o f N o m u r a H o m e E q u ity Loan, Inc., Asset-Backed Certificates, Series 2006- H E 3 , as c o v e r i n g the fo llo w in g described real property: Com m encing at the East Quarter com er o f Section 36, in Township 5 North, Range 26, East o f the Willamette Meridian, in the C ou n ty o f M o r r o w and State o f O regon ; thence North 00 degrees 08' 51" West along the East line o f said section 36 a distance o f 836.18 feet; thence North 89 degrees 56'00" West a distance o f 30.00 feet to a point on the Westerly right o f w ay 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 o f way a distance o f 219.36 fe e t ; th e n c e N o r th 89 d e g re e s 5 6 '0 0 " W est a distance o f 213.15 feet; thence N orth 00 degrees 08'51" West a distance o f 219.36 feet; thence South 89 degrees 56'00" East a distance o f 213.15 feet to the p o in t o f b e g in n in g CO M M O NLY KNO W N A S : 75621 Pheasant Lane, Irrigon, O R 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 o f default has been recorded pursuant to Oregon Revised Statutes 8 6 .7 3 5 (3 ); the d e fa u lt fo r w h ic h the fo r e c lo s u r e is m ad e is grantor's failure to pay when due the fo llo w in g sums: M onthly payments in the sum o f $ 9 1 8 .2 2 , fro m January 1, 2010, together with all costs, disbursements, and/or fees incurred or paid by the beneficiary and/or trustee, their em ployees, agents or assigns. B y reason o f s a id d e f a u l t th e beneficiary has declared all s u m s o w i n g o n th e o b lig a tio n 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 o f 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 em ployees, a g e n ts o r a s s ig n s . W H E R E F O R E , n o tic e hereby is g ive n that the undersigned trustee w ill on O ctober 25, 2010, at the hour o f 11:00 A M PT, in accord with the standard time established by O RS 1 8 7 .1 1 0 , at th e m ain entrance to the M o rro w County Courthouse, located at 100 Court Street, in the City o f Heppner, County o f Morrow, State o f Oregon, sell at public auction to the highest bidder for cash the interest in the said described real property w hich the grantor has or had power to convey at the time o f the execution o f said trust deed, together with any interest which the grantor or his s u c c e s s o rs in in te r e s t acquired after the execution o f said trust deed, to satisfy the foregoing obligations thereby secured and the costs and expenses o f sale, in c lu d in g a rea son ab le charge by the trustee. Notice is further g iv e n to any p erson nam ed in O R S 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 h a v e th is fo r e c lo s u r e proceeding dismissed and the trust deed reinstated by paying to the beneficiary o f the entire amount due (other than such portion o f the principal as would not then be due had no d e fa u lt occurred) and by curing any other default complained o f herein that is capable o f being cured by tendering the performance required under the ob liga tion s or trust deed, and in addition to p a y in g said sums or tendering the performance n e c e s s a r y to cu re the default, by paying all costs and e x p e n s e s a c tu a lly incurred in enforcing the obligation and trust deed, together with trustee's fees and a ttorn ey's fe e s not e x c e e d in g the am ounts p r o v id e d by said O R S 86.753. In construing this notice, the masculine gender includes the feminine and the neuter, the singu lar inclu des the plu ral, the word "grantor" includes any successor in interest to the grantor as well as any other person owing an obligation, the performance o f which is secured by said trust deed, and the words "trustee" and "beneficiary" include their resp ective successors in interest, i f any. Also, please be advised that pursuant to the terms stated on the Deed o f Tru st and N o t e , the beneficiary is allow ed 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 t in g p r o p e r t y in sp ection s on the said r e fe r e n c e d p ro p e rty . N O T I C E TO R E SID E N TIA L T E N A N T S The property in which you are living is in foreclosure. A fo r e c lo s u r e s a le is scheduled fo r 10/25/10. Unless the lender who is foreclosing on this property is paid, the foreclosure w ill g o through and someone new w ill own this property. The follow ing information applies to you only i f you o c c u p y and re n t th is property as a residential dwelling under a legitimate re n ta l a g re e m e n t. T h e information does not apply to you i f you ow n this property or i f you are not a residential tenant. I f 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 g ive you an eviction notice in writing that specifies the date by which you must m ove out. The buyer may not g iv e you this notice until after the foreclosure sale happens. I f you do not leave before the move-out date, the buyer can have the sheriff remove you from the p r o p e r ty a fte r a cou rt hearing. You w ill receive notice o f the court hearing. F E D E R A L L A W R E Q U IR ES Y O U T O BE N O T IF IE D IF Y O U A R E O CCU PYING AND R E N T I N G THIS PROPERTY AS A R E S I D E N T I A L D W E L L IN G U N D E R A L E G IT IM A T E R E N T A L AG R E E M E N T, FED E R A L L A W R E Q U IR E S T H E B U Y E R T O G IV E Y O U N O T IC E IN W R IT IN G A C E R T A IN N U M B E R OF D AYS BEFORE THE B U Y E R C A N R E Q U IR E Y O U TO M O V E O UT. TH E FE D E R A L L A W T H A T R E Q U IR E S T H E B U Y E R T O G IV E Y O U THIS NO TICE IS EFFECTIVE U N TIL 12/31/12. Under federal law, the buyer must g iv e you at least 90 days' notice in writing before requiring you to m ove out. I f you are renting this property under a fix e d -te rm lea se ( f o r example, a six- month or one-year lease), you may stay until the end o f your lease term. I f the buyer wants to m ove in and use this property as the buyer's p rim a ry r e s id e n c e , the buyer can give you written notice and require you to m ove out after 90 days, even i f you have a fixed- term lease with more than 90 days left. STATE L A W N O T I F I C A T I O N RE Q U IR E M E N TS IF TH E F E D E R A L L A W DOES N O T A PPLY , STATE L A W S T IL L R E Q U IR E S TH E B U Y E R T O G IV E Y O U N O T IC E IN W R I T I N G B E F O R E R E Q U I R IN G Y O U TO M O V E O U T IF Y O U A R E O C C U P Y IN G A N D R E N TIN G THE PRO PERTY AS A T E N A N T IN G O O D FAITH . EVE N IF TH E F E D E R A L L A W R E Q U IR E M E N T IS N O LO NG ER EFFECTIVE A F T E R 12/31/12, T H E R E Q U IR E M E N T U N D E R STATE LA W ST ILL APPLIES TO Y O U R S IT U A T IO N . Under state law, i f you have a fixed- term lease (fo r example, a s ix -m o n th or o n e - y e a r lease), the buyer must give you at least 60 days' notice in writing before requiring you to m o v e out. I f the buyer wants to m ove in and use this prop erty as the buyer's primary residence, the bu yer can g iv e you written notice and require you to m ove out after 30 days, even i f you have a fixed-term lease with more than 30 days left. I f you are renting under a month-to- month or w e e k -to -w e e k rental agreement, the buyer must give you at least 30 d a ys' n o tic e in w ritin g b e fo re req u irin g you to m ove out. IM P O R T A N T : For the buyer to be required to g iv e you notice under state law, you must prove to the business or individual w h o is h a n d l i n g t he foreclosure sale that you are occupying and renting this property as a residential dwelling under a legitimate rental agreement. The name and address o f the business o r i n d i v i d u a l w h o is handling the foreclosure sale is shown on this notice u nde r the h e a d i n g 'TR U STE E .'You must mail or deliver your p ro o f not later than 9/25/10 (30 days before the date first set for the foreclosure sale). Your proof must be in writing and should be a copy o f your rental agreement or lease. I f you do not have a written rental agreement or lease, you can provide other proof, such as receipts for rent you pa i d . A B O U T Y O U R SECURITY DEPOSIT Under state law, you may apply your security deposit and any rent you paid in advance against the current rent you owe your landlord. To do this, you must notify your landlord in writing that you want to subtract the amount o f your security deposit or prepaid rent from you r rent paym ent. You may do this only for the rent y o u o w e y o u r current landlord. I f you do this, you must do so b e fo r e the f o r e c l o s u r e sal e. T h e business or individual who buys this property at the fo re c lo s u r e sale is not responsible to you for any deposit or prepaid rent you pai d to y o ur l andl or d. ABO UTYO UR TENANCY A F T E R T H E FO RECLO SURE SALE The business or individual who buys this property at the foreclosure sale may be w illing to allow you to stay as a tenant i nst ead o f requiring you to move out. You should contact the b u y e r t o d i s c us s that possibility i f you would like to stay. Under state law, i f the buyer accepts rent from you, signs a new residential rental agreement with you or does not notify you in writing within 30 days after the date o f the foreclosure sale that you must m ove out, the buyer becomes your new la n d lord and must mai nt ai n the p ro p erty. 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. Y O U S H O U LD C O N T IN U E TO PAY R E N T TO Y O U R L A N D L O R D U N T IL TH E P R O P E R T Y IS SO LD TO A N O T H E R BUSINESS OR I N D I V I D U A L OR U N T IL A C O U R T O R A LENDER TELLS YOU O TH ERW ISE. IF Y O U DO N O T PAY RENT, YO U C A N BE E V IC T E D . A S EXPLAINED ABOVE, Y O U M A Y BE A B L E TO A P P L Y A D E PO SIT Y O U M A D E OR PREPAID RENT YOU PAID A G A I N S T Y O U R C U R R E N T RENT O B L IG A T IO N . BE SURE T O KEEP PROOF OF A N Y PAYM ENTS YO U M A K E A N D O F A N Y N O T IC E Y O U G IV E O R RE C EIV E C O N C E R N IN G THE A P P L IC A T IO N OF Y O U R D EPO SIT OR Y O U R P R E P A ID R E N T . I T IS U N L A W F U L FOR A N Y P E R S O N TO T R Y TO FO RC E Y O U TO LE A V E Y O U R H O M E W IT H O U T F IR ST G O IN G TO C O U R T TO E V I C T YO U . FOR M O R E IN F O R M A T IO N A B O U T Y O U R RIG H TS, Y O U M A Y WI SH TO CONSULT A LAW YE R . I f you believe you need legal assistance with this matter, you may contact the Oregon State Bar and ask for the la w y e r referra l service . Contact information for the Oregon State Bar is included with this notice. I f you have a lo w incom e and m eet federal poverty guidelines, you may be eligible for free legal assistance. Contact information for where you can o b t a i n fr e e l e g a l assistance is included with thi s no t i c e . O R E G O N STATE B A R 16037 S.W. Upper Boones Ferry Road Tigard, Oregon 97224 (503) 620-0222 (800) 452-8260 http://www.osbar.org I f you b e l i e v e y o u need le g a l assistance with this matter, you may contact the Oregon State Bar and ask for the l a wy e r referra l service. Contact information for the Oregon State Bar is included with this notice. I f you have a lo w incom e and m eet federal poverty guidelines, you may be eligible for free legal assistance. Contact information for where you can o b t a i n fr e e l e g a l assistance is included with thi s not i c e . O R E G O N STATE B A R 16037 S.W. Upper Boones Ferry Road Tigard, Oregon 97224 (503) 620-0222 (800) 452-8260 http://www.osbar.org D ire c to ry o f L e g a l A i d P ro g ra m s : http://w w w . oregonlawhelp.org The Fair Debt C ollection Practice A ct requires that we state the fo llow in g : This is an attempt to collect a debt, and a n y i n f o r m a t i o n obtained will be used for that purpose. I f a discharge has been obtained by any party through bankruptcy proceedings: This shall not be co ns t r ue d to be an at t empt to c o l l e c t the outstanding indebtedness or hold you personally liable for the debt. Dated: 7/1/10 B y: K E L L Y D. S U T H E R L A N D Successor Trustee S H A P I R O & SU TH E R LA N D , L L C 5501 N.E. 109th Court, Suite N V a nc o u v e r , W A 98662 www.shapiroattorneys. com/wa T elep h on e:(36 0) 260-2253 Toll-free: 1-800- 970-5647 S&S 10-104693 A S A P # 3623828 08/11/2010, 08/18/2010, 08/25/2010, 09/01/2010 Published: August 11, 18, 25 and September 1, 2010 Affidavit
