Heppner gazette-times., May 23, 2012, Page EIGHT, Image 8

EIGHT - Heppner Gazette-Times, Heppner, Oregon Wednesday, May 23,2012
PUBLIC NOTICE
N OTICE OF BUDGET
COMMITTEE MEETING
A public meeting o f the
B udget C o m m ittee o f
the Boardman Rural Fire
Protection District, Morrow
County State of Oregon, to
discuss the budget for the
fiscal year July 1, 2012 to
June 30, 2013 will be held
at the Boardman Rural Fire
District Offices, 300 SW
Wilson Lane, Boardman,
Oregon. The meeting will
take place on the 30th day
of May 2012 at 7:00 p.m.
The purpose of the meeting
is to receive the budget
m essage and to receive
comment from the public
on the budget. A copy of
the budget document may
be inspected or obtained on
or after the 28th day of May,
2012 at 300 SW Wilson
Lane, between the hours of
9:00 a.m. and 5:00 p.m.
This is a public meeting
where deliberation of the
Budget Comm ittee will
take place. Any person
may appear at the meeting
and discuss the proposed
programs with the Budget
Committee.
Published: May 9 and 23,
2012
Affidavit
PUBLIC NOTICE
TRUSTEE'S NOTICE OF
SALE
Pursuant to O.R.S. 86.705,
et seq. and O.R.S. 79.5010,
et seq.
Reference is made to that
certain trust deed made,
executed, and delivered
by Rigoberto de la Paz,
an unmarried individual,
as grantor, to F id elity
National Title Company
o f O regon, an O regon
Corp., as trustee, to secure
certain obligations in favor
o f M ortgage Electronic
Registration Systems, Inc.,
as beneficiary, solely as
nominee for HomeStreet
Bank, a Washington state
chartered savings bank,
as lender, dated October
11 , 2002 , and recorded
on October 17, 2002, in
the Mortgage records o f
Morrow County, Oregon,
under File No. 2002-5752.
The beneficial interest
under said Trust Deed and
the obligations secured
thereby are presently held
by HomeStreet Bank by
assignm ent o f deed o f
trust recorded on January
23, 2012, in the Mortgage
records of Morrow County,
Oregon under File No. 2012-
29480. Said Trust Deed
encumbers the following
described real property
situated in said county and
state, to-wit:
LO T 1, S U N N Y SID E
PARK SU B D IV ISIO N ,
IN THE COUNTY OF
MORROW AND STATE
OF OREGON;
The street address or other
common designation, if
any, of the real property
described above is purported
to be:
81405 Sunnyside Road,
Irrigon, Oregon 97844
The undersigned Trustee
disclaims any liability for
any incorrectness o f the
above street address or other
common designation.
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 default for
which the foreclosure is
made is grantor's failure to
pay when due, the following
sums:
3 M onthly paym ents o f
$534.67 due from 10/1/2011
through 12/1/2011:
$1,604.01
3 Late charges o f $21.39
due on payments past due
from 10/1/2011, through
12/1/2011:
$64.17
2 M onthly paym ents o f
$530.17 due from 1/1/2012,
through 2/1/2012:
i
$1,060.34
1 Late charge of $21.39 due
on payment past due from
1/1/2012:
$21.39
Advances by Lender:
A dditional Late Charge
Balance:
$453.16
Property Inspection Fees:
$ 12.00
S ub-T otal o f M onthly
Payments, Late Charges,
and Advances in arrears:
$3,215.07
ALSO, if you have failed to
pay taxes on the property,
provide insurance on the
property or pay other senior
liens or encumbrances as
required in the note and deed
of trust, the beneficiary may
insist that you do so in order
to reinstate your account
in good standing. The
beneficiary may require as
a condition to reinstatement
that you provide reliable
w ritte n e v id e n c e th a t
you have paid all senior
liens or encum brances,
property taxes, and hazard
in s u r a n c e p re m iu m s .
These requirem ents for
reinstatem ent should be
confirmed by contacting the
undersigned Trustee.
By reason of said default,
the beneficiary has declared
all sum s ow ing on the
obligation secured by said
trust deed immediately due
and payable, said sums
being the following:
U N PA ID PR IN C IP A L
BALANCE OF $59,599.07,
AS OF S E P T E M B E R
1, 2011, PLUS, FROM
TH A T DATE U N T I L
PAID, ACCRUED AND
ACCRUING INTEREST
AT THE RATE OF 6.2500%
PER A N N U M , PLUS
ANY LATE CHARGES,
ESCROW ADVANCES,
FORECLOSURE COSTS,
T R U S T E E ’S FEES,
A T T O R N E Y S ’ FEES,
SUMS REQUIRED
FOR PROTECTION OF
THE PROPERTY AND
A D D I T I O N A L SUMS
S E C U R E D BY T H E
TRUST DEED.
WH E R E F O R E , not i ce
hereby is given that the
undersigned trustee will,
on June 15, 2012, at the
hour o f 10:00 AM, in
accord with the standard
o f time estab lish ed by
ORS 187.110, at the front
entrance of Morrow County
Courthouse, 100 S. Court
Street, 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
which the grantor had or
had power to convey at
the time o f the execution
by him o f the said trust
deed, together with any
interest which the grantor
or his successors in interest
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 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
o f 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 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 and attorney’s
fees. Notice is also given
that any person named in
ORS 86.753 has the right
to bring a court action to
assert the non-existence of a
default or any other defense
to acceleration and sale.
NOTICE
TO
R E S I D E N T I A L
TENANTS
The property in which you
are living is in foreclosure.
A f o r e c l o s u r e sale is
scheduled for June 15,
2012. The date of this sale
may be postponed. Unless
the lender that is foreclosing
on this property is paid
before the sale date, the
foreclosure will go through
and someone new will own
this property. After the sale,
the new owner is required
to provide you with contact
information and notice that
the sale took place.
The following information
applies to you only if you
are a bona fide tenant
occupying and renting this
property as a residential
dwelling under a legitimate
rental agreement. The in­
formation does not apply to
you if you own this property
or if you are not a bona fide
resi-dential tenant.
If the foreclosure sale goes
through, the new owner will
have the right to require you
to move out. Before the new
owner can require you to
move, the new owner must
provide you with written
notice that specifies the
date by which you must
move out. If you do not
leave before the move-out
date, the new owner can
have the sheriff remove
you from the property after
a court hearing. You will
receive notice of the court
hearing.
P ROT E CT I ON FROM
EVICTION
IF YOU ARE A BONAFIDE
TENANT OCCUPYING
AND
RENTING
THIS
PROPERTY
AS A R E S I D E N T I A L
D W E L L I N G , YOU
HAVE THE RIGHT TO
CONTINUE LIVING IN
THIS PROPERTY AFTER
THE F OR E C L O S UR E
SALE FOR:
•THE REMAINDER OF
Y OUR FI XED TERM
LEASE, IF YOU HAVE
A FIXED TERM LEASE;
OR
•
AT
LEAST
90 DAYS FROM THE
DATE YOU ARE
GI VE N A WR I T T E N
TERMINATION
NOTICE.
If the new owner wants
to move in and use this
property as a pri mary
residence, the new owner
can give you written notice
and require you to move out
after 90 days, even though
you have a fixed term lease
with more than 90 days
left.
You must be provided with
at least 90 clays’ written
notice after the foreclosure
sale before you can be
required to move.
A bona fide tenant is a
residential tenant who is
not the borrower (property
owner) or a child, spouse or
parent of the borrower, and
whose rental agreement:
•
Is the result of an
arm’s-length transaction;
•
Re q u i r e s the
payment of rent that is not
substantially less than fair
market rent for the property,
unless the rent is reduced or
subsidized due to a federal,
state or local subsidy; and
•
Was entered into
prior to the date o f the
foreclosure sale.
ABOUTYOUR TENANCY
BETWEEN NOW AND
THE F OR E C L O S UR E
SALE:
RENT YOU S HOULD
CONTINUE TO PAY RENT
TO YOUR LANDLORD
UNTIL THE PROPERTY
IS SOLD OR UNTIL A
COURT TELLS YOU
OTHERWISE. IF YOU
DO NOT PAY RENT, YOU
CAN BE EVICTED. BE
SURE TO KEEP PROOF
OF ANY PAYMENTS
YOU MAKE.
SECURITY DEPOSIT
You may apply your security
deposit and any rent you
paid in advance against
the current rent you owe
your landlord as provided
in ORS 90.367. To do
this, you must notify your
landlord in writing that you
want to subtract the amount
of your security deposit or
prepaid rent from your rent
payment. You may do this
only for the rent you owe
your current landlord. If
you do this, you must do so
before the foreclosure sale.
The business or individual
who buys this property at
the foreclosure sale is not
responsible to you for any
deposit or prepaid rent you
paid to your landlord.
ABOUT
YOUR
TENANCY AFTER THE
FORECLOSURE SALE
T he new o w n e r t ha t
buys this property at the
foreclosure sale may be
willing to allow you to
stay as a tenant instead of
requiring you to move out
after 90 days or at the end of
your fixed term lease. After
the sale, you should receive
a written notice informing
you that the sale took place
and giving you the new
owner’s name and contact
information. You should
contact the new owner if
you would like to stay. If
the new owner 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 of the
foreclosure sale that you
must move out, the new
owner becomes your new
landlord and must maintain
the property. Otherwise:
•
You do not owe
rent;
•
, The new owner is
not your landlord and is not
responsible for maintaining
the property on your behalf;
and
•
You must move
out by the date the new
owner specifies in a notice
to you.
The new owner may offer to
pay your moving expenses
and any other costs or
amounts you and the new
owner agree on in exchange
for your agreement to leave
the premises in less than 90
days or before your fixed
term lease expires. You
should speak with a lawyer
to fully understand your
rights before making any
decisions regarding your
tenancy.
IT IS UNLAWFUL FOR
ANY PERSON TO TRY TO
FORCE YOU TO LEAVE
YOUR DWELLING UNIT
WITHOUT FIRST GIVING
YOU WRITTEN NOTICE
AND GOING TO COURT
TO EVICT YOU. FOR
MORE INFORMATION
ABOUT YOUR RIGHTS,
YOU SHOULD CONSULT
A LAWYER. If you believe
you need legal assistance,
contact the Oregon State
Bar and ask for the lawyer
referral service. Contact
information for the Oregon
State Bar is listed below.
If you do not have enough
money to pay a lawyer and
are otherwise eligible, you
may be able to receive legal
assistance for free. For free
legal assistance, contact the
Oregon State Bar and ask
for the Legal Aid Services.
OREGON
STATE
BAR
CONTACT
INFORMATION
Oregon State Bar
P.O. Box 231935
Tigard, OR
97281-1935
Tel (in Oregon): (800)
452-8260
Tel (outside Oregon): (503)
620-0222
E-mail: info@osbar.org
Website: www.osbar.org
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 o f which is
secured by said trust deed,
and the words “trustee” and
“beneficiary” include their
respective successors in
t
interest, if any.
THIS COMMUNICATION
IS AN A T TEMP T TO
C O L L E C T A DEBT.
ANY I NFORMATI ON
WILL BE USED FOR
THAT P URPOSE.
UNLESS YOU NOTIFY
US WITHIN 30 DAYS
AFTER RECEIVING
THIS LETTER THAT YOU
DISPUTE THE VALIDITY
OF THE DEBT, OR ANY
PORTI ON OF IT, WE
WI LL A S S U M E THE
DEBT IS VALID. IF YOU
NOTIFY US, IN WRITING
WITHIN 30 DAYS AFTER
R E C E I P T OF T H I S
LETTER THAT YOU DO
DI SP UTE THE DEBT
OR ANY PORTION OF
IT, WE WILL PROVIDE
V E R I F I C A T I O N BY
MAILING YOU A COPY
OF THE RECORDS. IF
YOU SO REQUEST, IN
WRITING, WITHIN 30
DAYS AFTER RECEIPT
OF THIS NOTICE, WE
WILL PROVI DE YOU
WITH THE NAME AND
A D D R E S S OF T H E
ORIGINAL CREDITOR IF
DIFFERENT FROM THE
CURRENT CREDITOR.
THIS IS AN ATTEMPT TO
COLLECT A DEBT AND
ANY I NFORMATI ON
O B T A I N E D WILL
BE USED FOR THAT
PURPOSE.
Sale status may be accessed
at http://ts.hcmp.com.
DATED this 7th day o f
February, 2012.
SUCCESSOR TRUSTEE:
JULIE B. HAMILTON,
Oregon Bar #092650
c/o Hillis Clark Martin &
Peterson P.S.
1221 Second Avenue, Suite
500
Seattle, Washington 98101-
2925
Telephone: (206) 623-
1745
Published: May 2,9,16 and
23,2012
Affidavit
PUBLIC NOTICE
VS
GARY LENT AND DI­
ANE LENT,
Husband and wife,
Defendants
Writ of Execution on
Money Award the le day of
April, 2012
Kenneth W Matlack, Sher­
iff
Morrow County, Oregon
By: Judy Chastain, Deputy
First Publication: May 23,
2012
Last Publication: June 13,
2012
Conditions of Sale: Only
U.S. currency and /or certi­
fied cashier's checks made
payable to Morrow County
Sheriffs Office will be ac­
cepted. Payment must be
made in full immediately
upon close of the sale.
Before bidding at the sale,
a prospective bidder should
independently investigate:
(a) The priority of the lien
or interest of the judgment
creditor;
(b) Land use laws and reg­
ulations applicable to the
property;
(c) Approved uses for the
property:
(d) Limits on farming or
forest practices on the
property;
(e) Rights of neighboring
property owners; and
(f) Environmental laws
and regulations that affect
the property
Published: May 23,2012
Affidavit
PUBLIC NOTICE
Public Hearing
The Heppner Planni ng
Commission
Will Meet on June 4, 2012
at 7:00 P.M. To
Consider a Request for a
Variance (Front Yard Fence
Height)
The Heppner Planni ng
Commission will meet on
June 4, 2012, at 7;00 P.M.
at Heppner City Hall
to consider Mary Connor-
Morehouse's request for a
variance in the front yard
fence height (Sec. 11-11-
2E)at 360 SE Gilmore
Street, because her dog, a
Jack-Russell terrier, can
easily jump 64-68 inches
high, exceeding the 3 % ft.
height normally allowed.
Questions or concerns may
be directed to Heppner City
Hall, telephone 541-676-
9646.
Published: May 23 and 30,
NOTICE OF SHERIFF'S
SALE
Execution in
Foreclosure
(Real Property)
On the the 21st, day of
June, 2012, at the hour of
10 o'clock A. M., inside the
front Doors of the Morrow
County Courthouse, in the
City of Heppner, Oregon, I 2012
will sell at public oral auc­ Affidavit
tion to the highest bidder
for cash the following de­
scribed real property, sub­
ject to redemption, located
in Morrow County, Oregon
to wit: All of Lot 5 and the
East 40.00 feet of Lot 4,
the East 40.00 feet of Lot 4
being further described as
follows:
Beginning at the South­
eastern comer of said Lot
4, said point also being the
Northeast comer of Lot
5; thence Northwesterly
along the State Highway a
distance of 40.00 feet to a
point on the Northeasterly
line of said Lot 4; thence
Southwesterly a distance
of 133.80 feet, 40.00 feet
distant and parallel with
the Southeasterly line of
said Lot 4 to a point; thence
Southeasterly 40.00 feet to
the Southwest comer of
said Lot 4; thence North­
westerly along the South
lot line of Lot 4, 133.80
feet to the Point o f Begin­
ning, all being in Block 10
of the City o f Lexington,
Morrow County, Oregon.
Commonly Know as: 125
West Main Street, Lex­
ington, Oregon Said sale
is made under a Writ of
Execution in Foreclosure
issued out o f the Circuit
Court of the State of Ore­
gon for the County o f Mor­
row, Case No. 11CV176,
to me directed in the case
o f Linda C. Schultz and
Robert H. Smith
Co-personal Representa­
tives of the
ESTATE OF RICK S.
SMITH
Plaintiff
mm
m
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The Heppner
Gazette Times
188 W. Willow
Heppner, OR
97836
MU
(541 ) 676-8229
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