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,
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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