Heppner Gazette-Times, Heppner, Oregon Wednesday, August 25, 2010 - SEVEN
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D eadlin e fo r classified
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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