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Heppner Gazette-Times, Heppner, Oregon PUBLIC NOTICE FOR PROTECTION OF THE PROPERTY AND A D D IT IO N A L SUM S S E C U R E D BY TH E TRUST DEED. W H E R E FO R E , n o tice hereby is given that the undersigned trustee will, on A ugust 2, 2013, at the hour of 10:00 AM, in accord with the standard o f tim e estab lish ed by ORS 187.110, at the front entrance of Morrow County Courthouse, 100 S. Court Street, City o f Heppner, County of 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 of 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 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 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. Loan No. 287730 Trustee No. 40016.473/ TDS Successor Trustee: Julie B. Hamilton 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 by: Shane E. Whiteaker, as grantor, to Columbia R iver T itle C om pany, L.L.C., as trustee, in favor o f H om eStreet Bank, a Washington state chartered savings bank, as beneficiary, dated February 8, 2006, and recorded February 15, 2006, in the mortgage records of Morrow County, Oregon, in/ under Auditor’s File No. 06015977. The beneficial interest under said Trust Deed and the obligations secured thereby are presently held by Oregon Housing and Community Services Department by assignment of deed of trust recorded on March 9,2006, in the Mortgage records of Morrow County, Oregon. Said Trust Deed encumbers the following described real property situated in said county and state, to wit: LOT 12, B L O C K 1, COLUMBIA R1VERVIEW ESTATES, 1NTHECITYOF BOARDMAN, COUNTY OF M O R R O W A ND STATE OF OREGON; The street address or other common designation, if any, o f the real property described above is purported to be: 245 N ortheast Marshall Loop, Boardman, Oregon 97818 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 TO pay when due, the following N O T I C E R E S I D E N T I A L sums: 11 Monthly payments of TENANTS $722.82 due from 5/1/2012 The property in which you through 3/1/13: $7,951.02 are living is in foreclosure. 11 Late charges of $28.91 A fo re c lo s u re sale is due on payments past due scheduled for August 2, from 5/1/2012, through 2013. The date of this sale may be postponed. Unless 3/1/13: $318.01 the lender that is foreclosing Winterization fees: on this property is paid $841.66 before the sale date, the N o n -S u ffic ie n t Funds foreclosure will go through Charge: $9,110.69 and someone new will own ALSO, if you have failed to this property. After the sale, pay taxes on the property, the new owner is required provide insurance on the property or pay other senior to provide you with contact liens or encumbrances as information and notice that required in the note and deed the sale took place. of trust, the beneficiary may The following information insist that you do so in order applies to you only if you to reinstate your account are a bona fide ten an t in good standing. The occupying and renting this beneficiary may require as property as a residential a condition to reinstatement dwelling under a legitimate that you provide reliable rental agreement. The in w ritte n e v id en ce th a t formation does not apply to you have paid all senior you if you own this property liens or encum brances, or if you are not a bona fide property taxes, and hazard resi-dential tenant. in s u ra n c e p re m iu m s . If the foreclosure sale goes These requirem ents for through, the new owner will reinstatem ent should be have the right to require you confirmed by contacting the to move out. Before the new owner can require you to undersigned Trustee. By reason of said default, move, the new owner must the beneficiary has declared provide you with written all sum s ow ing on the notice that specifies the obligation secured by said date by which you must trust deed immediately due move out. If you do not and payable, said sums leave before the move-out date, the new owner can being the following: have the sheriff remove U N PA ID P R IN C IPA L you from the property after BALANCE OF $76,843.12, a court hearing. You will AS OF MAY 1,2012, PLUS, receive notice of the court FROM THAT DATE UNTIL hearing. PAID, ACCRUED AND ACCRUING INTEREST P R O TEC TIO N FROM AT THE RATE OF 6.050% EVICTION PER A N N U M , PLU S IF YOU ARE A BON A FIDE ANY LATE CHARGES, TENANT OCCUPYING RENTING ESCROW ADVANCES, A N D PROPERTY FORECLOSURE COSTS, T H I S T R U S T E E ’ S F E E S , AS A R E S ID E N T IA L A TTO RN EY S’ FEES, D W E L L I N G , Y O U S U M S R E Q U I R E D HAVE THE RIGHT TO f Wednesday, June 26, 2013 -N IN E CONTINUE LIVING IN and 2925 please contact THIS PROPERTY AFTER • You m ust move Telephone: (206) 623- the Planning Department at THE F O R EC LO SU R E out by the date the new 1745 541-922-4624 or 541-676- SALE FOR: owner specifies in a notice Published: June 19,26, July 9061, extension 5506. • THE REMAINDER OF to you. 3 and 10, 2013 DATED this 26th day of YOUR FIX E D TERM The new owner may offer to Affidavit June, 2013 LEASE, IF YOU HAVE pay your moving expenses MORROW COUNTY A FIXED TERM LEASE; and any other costs or P L A N N I N G OR amounts you and the new DEPARTMENT • AT L E A S T owner agree on in exchange PUBLIC NOTICE Published: June 26, 2013 90 DAYS FROM THE for your agreement to leave M O R R O W C O U N T Y Affidavit D A T E Y O U A R E the premises in less than 90 LAND USE HEARING G IV E N A W R IT T E N days or before your fixed THE MORROW COUNTY T E R M I N A T I O N term lease expires. You COURT will hold the NOTICE. should speak with a lawyer following hearing of public PUBLIC NOTICE NOTICE TO If the new owner wants to fully understand your interest on Wednesday, July 10,2013, at 1:00 p.m. at the INTERESTED to move in and use this rights before making any PERSONS p ro p erty as a p rim ary decisions regarding your Port of Morrow Riverfront C e n t e r , B o a r d m a n , In the Circuit Court of residence, the new owner tenancy. the State of Oregon for cah give you written notice IT IS UNLAWFUL FOR Oregon. and require you to move out ANY PERSON TO TRY TO C o m p r e h e n s i v e Pl an the County of Morrow after 90 days, even though FORCE YOU TO LEAVE Amendment AC-059-13, No. 13PR020 you have a fixed term lease YOUR DWELLING UNIT Comprehensive Plan Map E state of: Kenneth W. with more than 90 days WITHOUTFIRSTGIVING Amendment AC(M)-060- Minnick, left. YOU WRITTEN NOTICE 13, Zoni ng Or di nance Deceased You must be provided with AND GOING TO COURT A m e n d m e n t A Z - 0 6 1 - N otice is hereby given at least 90 days’ written TO EVICT YOU. FOR 13, and Z o n i n g Map that the person named notice after the foreclosure MORE INFORMATION Amendment AZ(M)- 062- below has been appointed sale be-fore you can be ABOUT YOUR RIGHTS, 13: Oregon Department of personal representative of required to move. YOU SHOULD CONSULT Transportation (ODOT), the estate. All persons A bona fide tenant is a A LAWYER. If you believe applicant, in cooperation havi ng cl aims agai nst residential tenant who is you need legal assistance, with Mor r ow County. the estate are required to not the borrower (property contact the Oregon State Request is an update of present them to the personal owner) or a child, spouse or Bar and ask for the lawyer th e M o r r o w C o u n t y representative at: P.O. Box parent of the borrower, and referral service. Contact Comprehensive Plan and 218, Pendleton, OR 97801 whose rental agreement: information for the Oregon Morrow County Zoning within four months after the • Is the result of an State Bar is listed below. Ordinance (MCZO) relative date of first publication of arm’s-length transaction; If you do not have enough to aggr ega t e res our ce this notice, or the claims • R e q u i r e s th e money to pay a lawyer and protection and extraction. may be barred. payment of rent that is not are otherwise eligible, you Additionally select ODOT All persons whose rights substantially less than fair may be able to receive legal and M o r r o w C o u n t y may be affected by the market rent for the property, assistance for free. For free aggregate sites and others as proceedings may obtain unless the rent is reduced or legal assistance, contact the appropriate will be listed as* additional information from subsidized due to a federal, Oregon State Bar and ask either significant or locally the records of the court, the state or local subsidy; and for the Legal Aid Services. important and necessary personal representative or • Was entered into O R E G O N S T A T E overlays may be applied. the attorney. prior to the date o f the B A R C O N T A C T This is the fourth of at least Dated and first published: four public hearings. June 12, 2013 foreclosure sale. INFORMATION Opportunity to voice support Michael R. Escobedo ABOUT Y O U R Oregon State Bar or opposition to the above Pers. Rep. TENANCY P.O. Box 231935 proposal or to ask questions 125 NW Esther Place BETWEEN NOW AND Tigard, OR will be provided. Failure Irrigon, Oregon 97844- THE F O R EC LO SU R E 97281-1935 SALE: Tel (in Oregon): (800) to raise an issue in person 7237 or by letter or failure to Karin E. Dallas RENT 452-8260 YOU S H O U L D Tel (outside Oregon): (503) provide sufficient specificity Of Attys. for Pers. Rep. to afford the decision maker Corey, Byler, Rew, CONTINUE TO PAY RENT 620-0222 an opportunity to respond to Lorenzen & Hojem, L.L.P. TO YOUR LANDLORD E-mail: info@osbar.org the issue precludes appeal P.O. Box 2 18 UNTIL THE PROPERTY Website: www.osbar.org IS SOLD OR UNTIL A In construing this notice, the to the Land Use Board of 222 SE Dorion Ave C O U R T T E L L S YOU masculine gender includes Appeals based on those Pendleton, OR 97801- OTHERWISE. IF YOU the feminine and the neuter, issues. Copies of the staff 0218 DO NOT PAY RENT, YOU the singular includes the report and all relevant (541)276-3331 CAN BE EVICTED. BE plural, the word “grantor” documents will be available Published: June 12, 19 and SURE TO KEEP PROOF includes any successor in after July 3,2013. For more 26, 2013 OF ANY PAYM ENTS interest to the grantor as information, please contact Affidavit YOU MAKE. well as any other person the Planning Department at SECURITY DEPOSIT owing an obligation, the 541-922-4624 or 541-676- You may apply your security performance o f which is 9061, extension 5506. deposit and any rent you secured by said trust deed, DATED this 26th day of PUBLIC NOTICE paid in advance against and the words “trustee” and June, 2013 MORROW COUNTY the current rent you owe “beneficiary” include their M O R R O W C O U N T Y HEARING your landlord as provided respective successors in P L A N N I N G DEPARTMENT THE MORROW COUNTY in ORS 90.367. To do interest, if any. COURT will hold the this, you must notify your THIS COMMUNICATION Published: June 26, 2013 following hearing of public landlord in writing that you IS AN ATTEM PT TO Affidavit interest on Wednesday, July want to subtract the amount C O L L E C T A DEBT. 17,2013, at 11:00 a.m. at the of your security deposit or ANY I NFORMATI ON Port of Morrow Riverfront prepaid rent from your rent WILL BE USED FOR PUBLIC NOTICE Ce n t e r in Bo a r d ma n , payment. You may do this T H A T PURPOSE. M O R R O W C O U N T Y Oregon for the purpose of only for the rent you owe UNLESS YOU NOTIFY LAND USE HEARING receiving public comment your current landlord. If US WITHIN 30 DAYS T H E M O R R O W pursuant to ORS 368.326 - you do this, you must do so A F T E R R E C E I V I N G before the foreclosure sale. THIS LETTERTHATYOU COUNTY PLANNI NG 368.366 upon a petition to The business or individual DISPUTE THE VALIDITY COMMISSION will hold vacate a portion of roadway. The petitioner is requesting who buys this property at OF THE DEBT, OR ANY the following hearings of the foreclosure sale is not PORTION OF IT, WE public interest on Tuesday, to vacate the portion o f responsible to you for any WI LL A S S U M E THE July 9, 2013, at 7:00 p.m. Rippee Road immediately deposit or prepaid rent you DEBT IS VALID. IF YOU at the Port o f M orrow north of Interstate 84. The petitioner is requesting to paid to your landlord. NOTIFY US, IN WRITING Riverfront Center, vacate the portion of Rippee ABOUT YOUR WITHIN 30 DAYS AFTER Boardman, Oregon. TENANCY R E C E I P T OF T H I S Appeal o f the Planning Road immediately north of A F T E R T H E LETTER THAT YOU DO Director Decision related Interstate 84 and south of FORECLOSURE SALE DI SPUTE THE DEBT to Zoning Permit ZP# 2238: Columbia River Processing. The subject area is located T he new o w n e r th a t OR ANY PORTION OF Appellant: buys this property at the IT, WE WILL PROVIDE Devin Oil Co, Inc. Zoning on Assessor’s Map 4N 25 foreclosure sale may be V E R I F I C A T I O N BY Permit ZP #2238 allows for I I . w illing to allow you to MAILING YOU A COPY development of a Love’s Opportunity to voice support or opposition to the above stay as a tenant instead of OF THE RECORDS. IF Travel Stops & requiring you to move out YOU SO REQUEST, IN Country Stores on property proposal or to ask questions after 90 days or at the end of WRITING, WITHIN 30 described as Tax Lot 133 will be provided. Failure your fixed term lease. After DAYS AFTER RECEIPT of Assessor’s Map 4N 24 to raise an issue in person or by letter or failure to the sale, you should receive OF THIS NOTICE, WE located a written notice informing WILL PROVI DE YOU approximately 5 miles provide sufficient specificity you that the sale took place WITH THE NAME AND west of Boardman at the to afford the deci si on and giving you the new A D D R E S S OF T H E Tower Road interchange on maker an opportunity to respond precludes action or owner’s name and contact ORIGINAL CREDITOR IF Interstate 84. The information. You should DIFFERENT FROM THE property is zoned Tourist consideration of the issue. Commercial. Copies of the application contact the new owner if CURRENT CREDITOR. O p p o r t u n i t y to voi ce pet i t i on are avai l abl e you would like to stay. If THIS IS AN ATTEMPT TO the new ow ner accepts COLLECT A DEBT AND support or opposition to n o w a n d t h e s t a f f rent from you, signs a new ANY I NF ORMAT I ON the above proposal or to ask recommendation will be available after July 5,2013. residential rental agreement O B T A I N E D W I L L questions will with you or does not notify BE USED FOR THAT be provided. Failure to raise For more i nf or mat i on an issue in person or by c o n t a c t the P l a n n i n g you in writing within 30 PURPOSE. days after the date of the Sale status may be accessed letter or failure to provide Department at 541-922- sufficient foreclosure sale that you at http://ts.hcmp.com. 4624 or 541-676-9061 must move out, the new DATED this 19th day of s p e c i f i c i t y to a f f o r d extension 5506. the decision maker an DATED this 26th day of owner becomes your new June, 2013. landlord and must maintain SUCCESSOR TRUSTEE: opportunity to respond to June 2013 the property. Otherwise: JULIE B. HAMILTON, the issue precludes appeal M O R R O W C O U N T Y to the Land Use Board of P L A N N I N G • You do not owe Oregon Bar #092650 rent; c/o Hillis Clark Martin & Appeals based on those DEPARTMENT issues. Copies of the staff Published: June 26 and July • The new owner is Peterson P.S. report and all not your landlord and is not 1221 Second Avenue, Suite 10,2013 relevant documents will be Affidavit responsible for maintaining 500 the property on your behalf; Seattle, Washington 98101- available after July 2,2013. For more information. V
