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
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The Heppner
Gazette Times
I 88 W. W illow
Heppner, OR
97836
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(541)676-8229
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