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About Heppner gazette-times. (Heppner, Or.) 1925-current | View Entire Issue (March 30, 2011)
TEN - Heppner Gazette-Times, Heppner, Oregon Wednesday, March 30,2011 -Continued from page SEVEN the feminine and the neuter, the singular includes plural, the word "grantor" includes any successor in interest to the grantor as well as any other persons owing an obligation, the performance of which is secured by said trust deed, the words "trustee" and "beneficiary" include their respective successors in interest, if any. Dated: 1/12/2011 LSI TITLE COMPANY OF O R E G O N , LLC C/O Executive Trustee Services, LLC at 2255 North Ontario Street, Suite 400 Burbank, California 91504-3120 Sale Line: 714- 730-2727 Signature By: Marina Marin Authorized Signatory ASAP# 3882511 03/09/2011, 03/16/2011, 03/23/2011,03/30/2011 Published: March 9, 16, 23 and 30, 2011 Affidavit PUBLIC NOTICE NOTICE OF BUDGET COMMITTEE MEETING A public meeting of the Budget Committee of the Morrow County Unified Recreation District, Morrow County State of Oregon, to discuss the budget for the fiscal year July 1, 201*1 to June 30, 2012 will be held at lone High School, lone, OR. The meeting will take place on the 19th day of April, 2011, at 7:00 p.m. The purpose of the meeting is to receive the budget message and to receive comment from the public on the budget. A copy of the budget document may be inspected or obtained on or after April 19th, 2011 at the Morrow County Courthouse, 100 Court Street, Heppner, Oregon, between the hours of 8:00 a.m. and 5:00 p.m. This is a public meeting where deliberation of the Budget Committee will take place. Any person may appear at the meeting and discuss the proposed programs with the Budget Committee. Published: March 30 and April 13,2011 Affidavit PUBLIC NOTICE NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Heppner, Oregon, will hold a public hearing on April 11, 2011, at 7:00 PM to consider the following: An Ordinance Authorizing the Declaration of a Water Shortage Emergency and the Implementation Guidelines for the Emergency. This hearing will be held at the Heppner City Hall, 111 N. Main Street, Heppner, Oregon. Further information may be obtained from the City Manager, David R. De Mayo, 541-676- 9618. If you would like to attend the meeting and need assistance, please call (541) 676-9618 or TTY relay 800-735-2900. David R. De Mayo, City Manager Published: March 30, 2011 April 6, 2011 Affidavit PUBLIC NOTICE IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MORROW Probate Department ESTATE OF: MELVIN L. THOMAS, Deceased. NO. 10PR031 NOTICE TO INTERESTED PERSONS Probated proceedings in the estate of Melvin L. Thomas, deceased, are now pending in the above entitled court, w herein, D ouglas M. Fellows, the undersigned. i has been appointed and has qualified as the personal representative of said estate. All persons having claims against said estate hereby are required to present them, in due form, within four months after the date of the first publication of this Notice, as stated below, to the undersigned at the following address now designated as the place for the presentation of claims, to-wit: 6110 SW Lesser Way, Portland, Oregon 97219, or they may be barred. All persons whose rights may be affected by the said probate proceeding may obtain additional inform ation from the records of the court or the undersigned personal representative/attomey. DATED, 2011. DOUGLAS M. FELLOWS, OSB# 68047 Personal Representative/ Attorney 6110 SW Lesser Way Portland, Oregon 97219 Telephone: (503) 452- 6815 Facsimile: (503)452-4109 Published: March 16, 23, and 30, 2011 Affidavit PUBLIC NOTICE TRUSTEE’S NOTICE OF SALE Reference is made to that certain deed of trust ("Trust Deed") made, executed and delivered by Gary Lent and Diane Lent, as grantor, to Morrow County Abstract & Title Company, as trustee, in favor of Inland Empire Bank, as beneficiary, dated September 19, 2000, and recorded on September 22, 2000, in Book M, Pages 2000-2146, in the Microfilm Records of Morrow County, Oregon. Banner Bank is the successor beneficiary, by merger with Inland Empire Bank. The Trust Deed covers the following described real property ("Property") situated in said county and state, to-wit: PARCEL ONE: The North 16 feet 5 inches of Lot 9, and the South 4 feet of Lot 10, all in Block 4, in the Town (now City) of Heppner, Morrow County, State of Oregon. EXCEPTING the following described land deeded to the City of Heppner. The East 2 feet 9 inches of the North 16 feet 6 inches of Lot 9 and the South 4 feet of Lot 10, in Block 4 in the Town (now City) of Heppner. PARCEL TWO: The South half of the North half of Lot 9, Block 4, in the City of Heppner, in the County of Morrow, State of Oregon. ALSO an undivided Vi interest in and to the North concrete wall situated upon the South half of the North half of Lot 9, Block 4, said wall extending East 130.00 feet from the East line of Main Street in said City of Heppner. EXCEPTING the East 2 feet 9 inches of the South half of the North half of Lot 9. There are defaults by the grantor or other person owing an obligation, the performance of which is secured by the Trust Deed, with respect to provisions therein which authorize sale in the event of default of such provision; the defaults for which foreclosure is made is grantor's failure to pay when due the following sums: Arrearage in the sum of $32,850.94 as of January 3, 2011, plus additional p ay m e n ts, p ro p e rty expenditures, taxes, liens, assessments, insurance, late fees, attorney's and trustee's fees and costs, and interest due at the time of reinstatement or sale. The full amount of the Note balance became due and payable on October 3, 2010 . By reason of said defaults, the beneficiary has declared all sums owing on the obligations secured by said Trust Deed immediately due and payable, said sums being the following, to- wit: Payoff in the sum of $32,850.94 as of January 3, 2011, plus taxes, liens, assessm ents, property expenditures, insurance, accruing interest, late fees, attorney's and trustee's fees and costs incurred by beneficiary or its assigns. The full amount of the Note balance became due and payable on October 3, 2010 . WHEREFORE, notice hereby is given that the undersigned trustee will on June 10, 2011, at the hour of 11:00 a.m., in accord with the standard of time established by ORS 187.110, at the following place: Inside the Front Doors of the Morrow C ounty C o u rth o u se, 100 South Court Street, Heppner, Oregon, sell at public auction to the highest bidder for cash the interest in the above-described Property, which the grantor had or had pow er to convey at the time of the execution by grantor of the said Trust Deed, together with any interest which the grantor or grantor's successors in interest acquired after the execution of the Trust Deed, to satisfy the obligations thereby secured and the costs and expenses of sale, including a reasonable charge by the trustee. Notice is further given that any person named in ORS 86.753 has the right, at any time prior to five days before the date last set for the sale, to have this foreclosure proceeding dismissed and the Trust Deed reinstated by payment to the beneficiary of the entire amount then 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 obligation or Trust Deed, and in addition to paying said sum 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 w ith trustee's and attorney's fees not exceeding the amounts provided by said ORS 86.753. In construing this notice, 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. T h e N O T IC E TO RESIDENTIAL TENANTS, attached hereto as Exhibit A, is incorporated herein by reference. [Exhibit A, NOTICE TO RESIDENTIALTENANTS is not published pursuant to 86.750(2 )(b)] THIS IS A C O M M U N IC A T IO N FROM A D EB T COLLECTOR. DATED: January 27, 2011. V alerie A. T o m asi, Successor Trustee Farleigh Wada Witt 121 SW Morrison, Suite 600 Portland. OR 97204 Phone: 503-228-6044; fax: 503-228-1741 Published: March 30, April 6, 13 and 20, 2011 Affidavit PUBLIC NOTICE ask all residents to follow CITY OF HEPPNER a voluntary schedule of irrigating, sprinkling, or ORDINANCE NO. AN O R D IN A N C E watering lawns or gardens AUTHORIZING THE of odd/even days or every DECLARATION OF A fifth day. The City will only WATER SHORTAGE flush those water lines used EMERGENCY AND THE for essential uses. IM PLEM EN TA TIO N B. Stage 2 - Moderate Water GUIDELINES FOR THE Shortage, to be issued when water usage reaches EMERGENCY. WHEREAS, the water ninety percent (90%) of supply for the City of the carrying capacity of Heppner depends on five the main supply line, water wells spaced along Willow available to the City, or to Creek Valley, with one main any portion of the City. The supply line leading to the goal of this stage will be City's number one water to reduce municipal water usage by ten percent ( 10%). reservoir; and, WHEREAS, water, in The City will continue with general, is a finite resource; all efforts implemented during Stage 1. The mayor and, WHEREAS, during a or his designee is authorized breakage in the main supply to establish and enforce line, or other water supply a m andatory schedule emergency, there is a need for irrigating, sprinkling to impose restrictions on the or watering lawns and gardens. The City will close use of water; and, W H E R E A S , s u c h municipal pools, halt street restrictions require a written cleaning efforts, and halt plan of implementation; all line flushing (except those needed for medical and, WHEREAS, the City services). The City will d e v e lo p e d a W ater request all city businesses Curtailment Plan in the to reduce consumption 2003 WCMP which needs by ten percent (10%). All to be implemented: and, pavement or driveway W H E R E A S , s u c h hosing is prohibited, except implementation must be that hosing which is required enacted fairly and quickly for the public health and for the public's health and safety. All out ofrf:ity water users are prohibited safety; NOW THERERORE BE from using city water for IT ORDAINED BY THE irrigating, sprinkling, or water lawns, gardens, or CITY OF HEPPNER: SECTION 1. AUTHORITY. other real property. The mayor or his designee C. Stage 3 - Critical Water is hereby authorized, when Shortage, to be issued when necessary for the protection water usage reaches ninety- of the public health, safety five (95%) of the carrying and welfare, to declare a capacity of the main supply water shortage emergency line, water available to the to exist in accordance with city, or to any portion of the standards set out in the city. The goal of this Section 4 and to implement stage will be to reduce the water conservation municipal water usage by measures set forth in this fifteen percent ( 15%). The chapter. The declarer city will continue all Stage must immediately attempt 1 and Stage 2 measures. to contact all Council Filling of private swimming Members to inform them pools with municipal water of the emergency action. is prohibited. All outdoor The mayor or his designee irrig ation is banned. shall also have authority A ll veh icle w ashing to determine whether the with municipal water is various stages of water prohibited. emergencies and water D. Im p le m e n ta tio n conservation measures Requirem ents. During apply to the entire city all stages, and prior to utility service area or to the implementation and such portions as may be enforcement of any of the above stages, the mayor particularly affected. or SECTION 2 . his designee shall make D E S C R IP T IO N OF reasonable efforts to have STAGE. The declaration information disseminated to o f a w ater sh ortag e affected customers regarding emergency shall designate the rationing plan, which whether it is a category may include publication in Mild, Moderate, or Critical the official newspaper of water shortage emergency the city, or other newspaper as outlined in Section 4 of commonly circulated in the area, notifying other this ordinance. SECTION 3 . media outlets, not less than AUTHORITY TO AMEND one week in advance of DECLARATION. The the effective date of the declaration may be scaled declaration, information up or down during the o f the declaration of emergency, as declared by the applicable stage, a the mayor or his designee. description of the limitations SECTION 4. POLICIES and restrictions that would AND PROCEDURES. apply, and identification The following policies of the effective date of the and procedures shall be declared stage and limitation implemented during the and restrictions. If it is various stages of water determined by the mayor shortage emergency as set that exigent circumstances exist that necessitate forth in this section. A. Stage 1 - Mild Water immediate implementation Shortage, to be issued and enforcement of any when water usage reaches particular stage of water eighty percent (80%) of em ergency, notice to the carrying capacity of affected customers may the main supply line, water be provided by posting available to the city, or to notices at the customers' any portion of the city. The residences and businesses, goal in Stage 1 is to raise or by positing notices public awareness and to at the locations where reduce water usage by fjve customers' utility services percent (5%). The City shall are received. begin efforts to educate E. Prohibitions During All the public regarding the Stages of Water Shortage benefits of conserving Emergency. The following water by such methods situations are prohibited as distributing pamphlets within the systems service on water conservation area, when a water shortage methods, or such other em ergency has been education actions as the declared. Permitting City deems fit. Sandwich 1. boards and posters shall unreasonable amounts of be posted around the city water to escape down a informing the public of the gutter, ditch or other surface Mild Water Shortage, and drain while using water for informing the public on a legitimate purpose; Failure to repair a where to obtain information 2. controllable leak of water; on water conservation 3. Failure to put to methods. The City will ( reasonable beneficial use any use of water withdrawn from the system; and, 4. Use of a lawn sprinkler system during or immediately after a rain event. F. Term o f Stage and Scope. The mayor or his designee is also authorized to determine the geographic area to which the declared stage shall apply, and to determine the duration for which the declared stage and its limitations and restrictions shall be in effect. SECTION 5 . WATER D ISA ST E R . Notwithstanding the Water Shortage Stages described in this chapter, the Mayor or his designee shall also be authorized, should water become unavailable, to bring in bottled water, or to have water trucked or air lifted to the City, or to provide for temporary water purification units to provide a limited supply of potable water. SECTION 6. PENALTIES. The first violation of any provision of this chapter shall be a class B infraction pursuant to section 1-4-1 of this code ($250.00 fine). Any second or subsequent violation shall be a class A infraction pursuant section 1 -4-1 of this code ($500.00 fine). Each day that a violation of this chapter continues shall constitute a separate violation ($500.00 fine per day). SECTION 8. WAIVER OF LIA BILITY . The city cannot and does not guarantee either sufficient supply or adequate or uniform pressure during a water shortage. The city shall not be liable for any damages or loss resulting from an inadequate or interrupted supply, from pressure variations, or for dam ages from the resumption of service when such conditions are not due to willful fault or neglect on its part. SECTION 9 . DEFINITIONS A. Essential Use: The use of water for fire fighting, safety, sanitation, health and medical purposes, and the use to satisfy federal, state and local public health and safety requirements. PASSED th is___day of _______ ,2011 APPROVED: Les Paustian, Mayor ATTESTED D ave D eM ayo, C ity Recorder Published: March 30, 2011 Affidavit mm m mm The Heppner Gazette Times I 88 W. W illow Heppner, OR 97836 CALL (541)676-8229 david@ rapidserve.net OK tOUS ITOW !