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