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SIX - Heppner Gazette-Times, Heppner, Oregon Wednesday, September 1,2010 Criteria for approval include Morrow County Zoning Ordinance (MCZO) Article 3.010(DX11) and Article 6 Conditional Uses, Sections 6.020, 6.030 and 6.050(1). Comprehensive Plan Amendments AC- 043-10 and AC(M)-042- 10: W.I. Construction, Inc., applicant, and Dana Heideman, owner. The property is described as Tax Lot 6001 of Assessor’s Map IN 23. The property is located on Ely Canyon Road approxim ately 6 miles north of 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 aggregate sites and to amend the Comprehensive Plan map to include the aggregate site location. Criteria for approval are found in the M orrow County Comprehensive Plan (MCCP) Review and Revision Process. Opportunity 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 will be available after September 3, 2010. For more inform ation, please contact the Planning Department at 541-922- 4624 or 541-676-9061 extension 5503. DATED this 25th day of August 2010 M ORROW C O U N TY P L A N N I N G DEPARTMENT Published: September 1, SERVICES AFFORDABLE FAMILY EYEW EAR Kids Package 2 pairs for Complete Frames & Lenses • Single Vision . Polycarbonate Lens • 1 Year Warranty on frames & Lenses • Same Day Service Add Kids 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 PUBLIC NOTICE MORROW COUNTY LAND USE HEARING THE MORROW COUNTY PLANNING COMMISSION will hold the following hearings of public interest on Tuesday, September 14, 2010, at 7:00 p.m. at the Port of Morrow Riverfront Center, Boardman Oregon. Port of Morrow Exceptions to Goals: Port of Morrow, applicant and Port of Morrow and Westland Enterprises owners. The property currently zoned Exclusive Farm Use (EFU) is described as Tax Lots 901, 1999, and 1201 of Assessor’s Map 4N 25 11, Tax Lots 200, 300, 301, and 901 fo Assessor’s Map 4N 25 12, Tax Lots 100 and 200 of Assessor’s Map 4N 25 07, and Tax Lot 202 of Assessor’s Map 4N 25 08. The property currently zone Industrial (MG) is described as Tax Lot 1700 of Assessor’s Map 4N 25 24. The request is to change the zoning of 513.86 acres currently zoned EFU to Port Industrial (PI) and to change the zoning of 515 acres currently zoned MG to EFU. Criteria for approval are found in the Morrow County Comprehensive Plan (MCCP) Review and Revision Process, and the Morrow County Zoning Ordinance (MCZO)s Article 8 Amendments. Comprehensive Plan Amendments AC-040- 10 and AC(M)-041-10: Ron Haguewood applicant and owner. The property is described as Tax Lot 5900 of Assessor’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. Second hearing on request to amend the MCCP to include a locally significant aggregate site to Morrow County’s list of significant aggregate sites and to amend the Comprehensive Plan map to include the aggregate site location. Criteria for approval are found in the M orrow County Comprehensive Plan (MCCP) Review and Revision Process.: Conditional Use Permit CUP-N-285: W.I. Construction, Inc., a p p lic a n t, and D ana Heideman, owner. The property is described as Tax Lot 6001 of Assessor’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. 2010 Affidavit PUBLIC NOTICE REQUEST FOR QUALIFICATIONS FOR Mowing and Brushing Contractor Morrow County Public Works Projects - Morrow County, Oregon Morrow County, Oregon, requests proposals for a qualified Mowing and Brushing Contractor to p ro v id e m ow ing and brushing serv ices for various Morrow County Public Works projects as the need arises for clear zone and drainage control. Contractors subm itting qualifications shall be considered based upon the follow ing general evaluation criteria: 1. Fee schedule. 2. Experience. 3. Method of approach. 4. A v a ilab ility o f labor and equipment. Copies o f the Request for Qualifications may be obtained from Morrow County Public Works, P.O. Box 428, 365 W Hwy 74, Lexington, Oregon 97839, (541)989-9500. Complete proposals will be accepted at the same address no later than 4:00 p.m., September 03,2010. Any questions or concerns may be addressed to Sandi Putman. Published: August 25 and September 1, 2010 Affidavit PUBLIC NOTICE TRUSTEE'S NOTICE OF SALE 10-104693 A default has occurred under the terms of a trust deed made by Edward Hallowell, as grantor to Columbia River Title Company, as T ru ste e , in fa v o r o f M o rtg ag e E le c tro n ic Registration Systems, Inc as nominee for American Mortgage Express Financial DBA Millennium Funding t Group, as Beneficiary, dated April 20, 2006, recorded April 27, 2006, in the m o rtg ag e re 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 Nom ura Home Equity Loan, Inc., Asset-Backed Certificates, Series 2006- HE3, as covering 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 Morrow and State of 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 of way line of a County Road, said point being the true point of beginning; thence South 00 degrees 08'51" East along said right of way a distance of 219.36 feet; thence N orth 89 degrees 56'00" West a distance of 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 of 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 Statutes 86.735(3); the d efault for w hich the foreclosure is made is grantor's failure to pay when due the following sums: Monthly payments in the sum o f $918.22, fropii 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 lt 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 o r a s s i g n s . W HEREFORE, notice 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 the 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 successors in in terest 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 named 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 this fo reclo su re proceeding dismissed and the trust deed reinstated by paying to the beneficiary of the entire amount due (other than such portion of 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 necessary to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and trust deed, together with trustee's fees and attorney's fees not exceeding the amounts provided 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 Note, 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 ro p e rty inspections on the said re fe re n c e d p ro p e rty . NOTICE TO RESIDENTIAL TENANTS The property in which you are living is in foreclosure. A fo reclo 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 occupy and ren t th is property as a residential dwelling under a legitimate rental agreem ent. 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 property after a court hearing. You will receive notice of the court hearing. LAW FEDERAL REQUIRES YOU TO BE NOTIFIED IF YOU ARE O C C U P Y IN G A N D RENTING THIS P R O P E R T Y AS A RESI DENTI AL DWELLING UNDER A LEGITIMATE RENTAL AGREEMENT, FEDERAL LAW REQUIRES THE BUYER TO GIVE YOU NOTICE IN WRITING A CERTAIN NUMBER OF DAYS BEFORE THE BUYER CAN REQUIRE YOU TO MOVE OUT. THE FEDERAL LAW THAT REQUIRES THE BUYER TO GIVE YOU T H IS N O T IC E IS E F F E C T IV E U N TIL 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 of your lease term. If the buyer wants to move in and use this property as the buyer's prim ary residence, 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 SHOULD CONTINUE TO N O T I F I C A T I O N PAY RENT TO YOUR REQUIREMENTS IF THE LANDLORD UNTIL THE FEDERAL LAW DOES PROPERTY IS SOLD TO NOT APPLY, STATE LAW ANOTHER BUSINESS STILL REQUIRES THE OR INDIVIDUAL OR BUYER TO GIVE YOU UNTIL A COURT OR A NOTICE IN WRITING LENDER TELLS YOU BEFORE REQUIRING OTHERWISE. IF YOU DO YOU TO MOVE OUT IF NOT PAY RENT, YOU YOU ARE OCCUPYING CAN BE EVICTED. AS AND RENTING THE EXPLAINED ABOVE, PROPERTY AS ATENANT YOU MAY BE ABLE TO IN GOOD FAITH. EVEN APPLY A DEPOSIT YOU IF THE FEDERAL LAW MADE OR PREPAID REQUIREMENT IS NO R E N T Y O U P A ID LONGER EFFECTIVE A G A I N S T Y O U R AFTER 12/31/12, THE C U R R E N T RENT REQUIREMENT UNDER OBLIGATION. BE SURE STATE LAW S T IL L TO KEEP PROOF OF ANY A PP L IE S TO YOUR PAYMENTS YOU MAKE SITUATION. Under state AND OF ANY NOTICE law, if you have a fixed- YOU GIVE OR RECEIVE term lease (for example, a C O N C E R N IN G TH E six-m onth or one-year APPLICATION OF YOUR lease), the buyer must give D EPO SIT OR YOUR you at least 60 days' notice PREPAID RENT. IT IS in writing before requiring UNLAWFUL FOR ANY you to move out. If the PERSON TO TRY TO buyer wants to move in and FORCE YOU TO LEAVE use this property as the YOUR HOME WITHOUT buyer's primary residence, FIRST GOING TO COURT the buyer can give you TO EVICT YOU. FOR written notice and require MORE INFORMATION you to move out after 30 ABOUT YOUR RIGHTS, days, even if you have a YOU MAY WISH TO fixed-term lease with more CONSULT A LAWYER. If than 30 days left. If you are you believe you need legal renting under a month-to- assistance with this matter, month or week-to-week you may contact the Oregon rental agreement, the buyer State Bar and ask for the must give you at least 30 lawyer referral service. days' notice in w riting Contact information for the before requiring you to Oregon State Bar is included move out. IMPORTANT: with this notice. If you have For the buyer to be required a low income and meet to give you notice under federal poverty guidelines, state law, you must prove to you may be eligible for free the business or individual legal assistance. Contact who is h a n d lin g the information for where you foreclosure sale that you are can ob tain free legal occupying and renting this assistance is included with property as a residential this notice. OREGON dwelling under a legitimate STATE BAR 16037 S.W. rental agreement. The name Upper Boones Ferry Road and address of the business Tigard, Oregon 97224 (503) or in d iv id u a l w ho is 620-0222 (800) 452-8260 handling the foreclosure http://www.osbar.org If you sale is shown on this notice believe you need legal u n d e r th e h e a d in g assistance with this matter, 'TRUSTEE.' You must mail you may contact the Oregon or deliver your proof not State Bar and ask for the later than 9/25/10 (30 days lawyer referral service. before the date first set for Contact information for the the foreclosure sale). Your Oregon State Bar is included proof must be in writing and with this notice. If you have should be a copy of your . a low income and meet rental agreement or lease. If federal poverty guidelines, you do not have a written you may be eligible for free rental agreement or lease, legal assistance. Contact you can provide other proof, information for where you such as receipts for rent you can ob tain free legal paid. ABOUT YOUR assistance is included with SECURITY DEPOSIT this notice. OREGON Under state law, you may STATE BAR 16037 S.W. apply your security deposit Upper Boones Ferry Road and any rent you paid in Tigard, Oregon 97224 (503) advance against the current 620-0222 (800) 452-8260 rent you owe your landlord. h ttp ://w w w .o s b a r.o rg To do this, you must notify Directory o f Legal Aid your landlord in writing that Programs: http://w w w . you want to subtract the oregonlawhelp.org The Fair amount of your security Debt Collection Practice deposit or prepaid rent from Act requires that we state your rent payment. You the following: This is an may do this only for the rent attempt to collect a debt, you owe your current and any in fo rm a tio n landlord. If you do this, you obtained will be used for must do so before the that purpose. If a discharge fo reclo su re sale. The has been obtained by any business or individual who party through bankruptcy buys this property at the proceedings: This shall not foreclosure sale is not be construed to be an . responsible to you for any attem pt to co llect the deposit or prepaid rent you outstanding indebtedness or paid to your landlord. hold you personally liable ABOUTYOUR TENANCY for the debt. Dated: 7/1/10 KELLY D. A F T E R T H E B y: SUTHERLAND Successor FORECLOSURE SALE The business or individual T ru stee SHAPI RO & who buys this property at SUTHERLAND, LLC 5501 the foreclosure sale may be N.E. 109th Court, Suite N willing to allow you to stay Vancouver, WA 98662 as a tenant instead o f w w w .shapiroattorneys. requiring you to move out. com/wa Telephone:(360) You should contact the 260-2253 Toll-free: 1-800- buyer to d iscu ss that 970-5647 S&S 10-104693 3623828 possibility if you would like A S A P # to stay. Under state law, if 08/11/2010, 08/18/2010, the buyer accepts rent from 08/25/2010, 09/01/2010 you, signs a new residential Published: August 11, 18, rental agreement with you 25 and September 1, 2010 or does not notify you in Affidavit writing within 30 days after the date of the foreclosure sale that you must move out, the buyer becomes your PUBLIC NOTICE new landlord and must Estate: LaVeme Stephen m aintain the property. Donovan Otherwise, the buyer is not Notice to Interested Persons your landlord and is not (No. 10PR023) responsible for maintaining In the Circuit Court of the the property on your behalf State of Oregon for the and you must move out by County of Morrow, Probate the date the buyer specifies in a notice to you. YOU -Continued on Page SEVEN
