IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MALHEUR Case No. 20CV15859 SECOND SUMMONS BY PUBLICATION, TREASURE VALLEY GRAIN LLC, an Idaho limited liability company, Plaintiffs, vs. The Unknown Heirs or Devisees of JAMES WHELAN aka JAMES PHELAN, Deceased, JOHN DOES 1 – 5, JANE DOES 1 – 5, individually, and also all other persons or parties unknown claiming any right, title, lien, or interest, in the property described in the complaint herein with an interest, in a strip of land lying immediately Southwest of that certain parcel of land described by Quitclaim Deed instrument number 2020-0108 on file in the office of the Clerk, Malheur County, Oregon, more particularly described as follows: A strip of land fifty (50) feet wide lying adjacent to and on the Northwesterly side of the present Northwesterly right-of-way boundary line of the Homedale Branch of the Union Pacific Railroad Company, said Homedale Branch right-of-way originally acquired by the Oregon Short Line Railroad Company, in the Northwest one-quarter of the Southeast one-quarter (NW1/4SE1/4) of Section thirty-two (32), Township nineteen (19) South, Range forty-seven (47) East, Willamette Meridian, in Malheur County, Oregon, and extending from the West line of said Quitclaim parcel per said Quitclaim Deed instrument 2020-0108 Southwesterly to the North-South center line of said Section 32; Said strip of land being bound on the East by said Quitclaim parcel per said Quitclaim Deed instrument 2020-0108, bound on the South by said present Northwesterly right-of-way boundary line of the Homedale Branch of the Union Pacific Railroad Company, bound on the West by Lot 35 in Block 9 per the official plat of Morgan Addition to the City of Nyssa, records of Malheur County, Oregon, and being bound on the North by a line which is one-hundred fifty (150) feet distant Northwesterly from and parallel with the center line of the main track of said Homedale Branch. Containing no less than 6,739.1 square feet, Defendants. TO DEFENDANTS: The Unknown Heirs or Devisees of JAMES WHELAN aka JAMES PHELAN, Deceased, JOHN DOES 1 – 5, JANE DOES 1 – 5, individually, and also all other persons or parties unknown claiming any right, title, lien, or interest in the property described in the complaint. NOTICE: You are hereby required to appear and defend the complaint filed against you in the above-entitled action within thirty (30) days from the date of service of this Summons upon you, and in case of your failure to do so, for want thereof, Plaintiffs will apply to the court for relief demanded in the complaint. NOTICE TO DEFENDANTS READ THESE PAPERS CAREFULLY! You must “appear” in this case or the other side will win automatically. To “appear” you must file with the court a legal document called “motion” or “answer.” The “motion” or “answer” must be given to the court clerk or administrator within 30 days along with the required filing fee. It must be in proper form and have proof of service on Plaintiff’s attorney to Daniel W. Bower, Morris Bower & Haws PLLC, 12550 W. Explorer Drive, Suite 100, Boise, Idaho 83713. If you have questions, you should see an attorney immediately. If you need help in finding an attorney, you may contact the Oregon State Bar’s Lawyer Referral Service online at www.oregonstatebar.org or by calling tollfree (800) 452-7636. This Summons is published by Order of the Honorable Erin K. Landis, Judge of the above-entitled court, made and entered on the 4th day of May 2020
Court Number: 20CV15859
Owner: Morris Bower & Haws PLLC
Publish Dates: May 20 & 27, 2020, and June 3 & 10, 2020
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TRUSTEE’S NOTICE OF SALE TS NO.: 19-55713 Reference is made to that certain Deed of Trust (hereinafter referred as the Trust Deed) made by JUDITH SOLORIO AND VICTOR M. SOLORIO, MOTHER AND SON, WITH RIGHT OF SURVIVORSHIP as Grantor to FIRST AMERICAN TITLE COMPANY, as trustee, in favor of CITIFINANCLAL, INC., as Beneficiary, dated 9/26/2006, recorded 9/29/2006, as Instrument No. 2006-7238, in mortgage records of Malheur County, Oregon covering the following described real property situated in said County and State, to-wit: LAND IN LOVERIDGE’S ADDITION, CITY OF ONTARIO, MALHEUR COUNTY, OREGON, ACCORDING TO THE OFFICIAL PLAT THEREOF, AS FOLLOWS: IN BLOCK 3: ALL OF LOT 12 AND THE SOUTH 2 FEET OF LOT 13, EXCEPTING FROM LOT 12 THE SOUTH 2 FEET. The street address or other common designation, if any for the real property described above is purported to be: 508 LOVERIDGE DRIVE ONTARIO, Oregon 97914 The Tax Assessor’s Account ID for the Real Property is purported to be: 787 / 18S4704BD 4000 Both the beneficiary and the trustee, ZBS Law, LLP fka Zieve, Brodnax and Steele, LLP have elected to foreclose the above referenced Trust Deed and sell the said real property to satisfy the obligations secured by the Trust Deed and a Notice of Default and Election to Sell has been recorded pursuant to ORS 86.752(3). All right, title, and interest in the said described property which the grantors had, or had power to convey, at the time of execution of the Trust Deed, together with any interest the grantors or their successors in interest acquired after execution of the Trust Deed shall be sold at public auction to the highest bidder for cash to satisfy the obligations secured by the Trust Deed and the expenses of sale, including the compensation of the trustee as provided by law, and the reasonable fees of trustee’s attorneys. The default for which the foreclosure is made is: The monthly installment of principal and interest which became due on 12/20/2016, late charges, and all subsequent monthly installments of principal and interest. You are responsible to pay all payments and charges due under the terms and conditions of the loan documents which come due subsequent to the date of this notice, including, but not limited to, foreclosure trustee fees and costs, advances and late charges. Furthermore, as a condition to bring your account in good standing, you must provide the undersigned with written proof that you are not in default on any senior encumbrance and provide proof of insurance. Nothing in this notice should be construed as a waiver of any fees owing to the beneficiary under the deed of trust, pursuant to the terms and provisions of the loan documents. The amount required to cure the default in payments to date is calculated as follows as of 3/24/2020: From: 12/20/2016 Total of past due payments: $22,482.22 Late Charges: $0.00 Additional charges (Taxes, Insurance, Corporate Advances, Other Fees): $11,008.77 Trustee’s Fees and Costs: $1,433.50 Total necessary to cure: $34,924.49 Please note the amounts stated herein are subject to confirmation and review and are likely to change during the next 30 days. Please contact the successor trustee ZBS Law, LLP fka Zieve, Brodnax and Steele, LLP, to obtain a “reinstatement’ and or “payoff’ quote prior to remitting funds. By reason of said default the beneficiary has declared all sums owing on the obligation secured by the Trust Deed due and payable. The amount required to discharge this lien in its entirety as of 3/24/2020 is: $151,251.72 Said sale shall be held at the hour of 11:00 AM on 7/28/2020 in accord with the standard of time established by ORS 187.110, and pursuant to ORS 86.771(7) shall occur at the following designated place: At the main entrance to the Malheur County Courthouse, 251 “B” Street West, Vale, OR 97918 Other than as shown of record, neither the said beneficiary nor the said trustee have any actual notice of any person having or claiming to have any lien upon or interest in the real property hereinabove described subsequent to the interest of the trustee in the Trust Deed, or of any successors) in interest to the grantors or of any lessee or other person in possession of or occupying the property, except: NONE Notice is further given that any person named in ORS 86.778 has the right, at any time prior to five days before the date last set for 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(s) of the 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 the trustee’s and attorney’s fees not exceeding the amounts provided by ORS 86.778. The mailing address of the trustee is: ZBS Law, LLP fka Zieve, Brodnax and Steele, LLP 5 Centerpointe Dr., Suite 400 Lake Oswego, OR 97035 (503) 946-6558 In construing this notice, the masculine gender includes 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. Without limiting the trustee’s disclaimer of representations or warranties, Oregon law requires the trustee to state in this notice that some residential property sold at a trustee’s sale may have been used in manufacturing methamphetamines, the chemical components of which are known to be toxic. Prospective purchasers of residential property should be aware of this potential danger before deciding to place a bid for this property at the trustee’s sale. Dated: 03/17/2020 ZBS Law, LLP fka Zieve, Broadnax and Steele, LLP By: Jeffrey A. Myers, Esq., OSB#094561 ZBS Law, LLP fka Zieve, Brodnax and Steele, LLP Authorized to sign on behalf of the trustee A-4722875
Publish dates : April 29, 2020 and May 6, 13, and 20, 2020
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NOTICE OF BUDGET COMMITTEE MEETING
A public meeting of the Budget Committee of the Ontario Recreation District, Malheur County, State of Oregon, to discuss the budget for the fiscal year July 1, 2020 to June 30, 2021. In response to the current health emergency resulting from the COVID-19 pandemic, the District facilities are currently closed to the public and meetings are being held electronically. The meeting will be held on May 28th, 2020 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. The meeting will be available by phone 1(669)-900-6833, Meeting ID: 858 3308 1703.
Public comment will be taken in written and phone in format. Written comments received by 5 pm on May 27th, 2020 will be read during the public comment section of the meeting on May 28th, 2020. Comments by phone will be taken on a scheduled basis during the public comment section of the meeting on May 28th, 2020. Comments, both written and phone in, will be subject to a three minute limit per community member. To schedule public comment, please provide your name, phone number, and address with the ORD via phone message at (541) 889-7686, or email to [email protected]. Public comment must be scheduled no later than 5 pm on May 27th, 2020. A copy of the budget document may be inspected online at https://ontariorecdistrict.com/home or obtained by mail on or after May 25th, 2020, via email request to [email protected] or phone to (541) 889-7686. 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. This notice is also posted online at https://ontariorecdistrict.com/home.
Publish Date: May 20, 2020
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TRUSTEE’S NOTICE OF SALE
Reference is made to that certain trust deed made by Ronald K. Foultner and Candace M. Foultner, husband and wife, as grantor, to First American Title Company of Malheur County, nka Malheur County Title, as trustee, in favor of Malheur Federal Credit Union, as beneficiary, dated September 18, 2009, signed September 25, 2009, and recorded October 2, 2009, in the mortgage records of Malheur County, Oregon, as Instrument No. 2009-7138, covering the following-described real property:
Land in Malheur County, Oregon, as follows:
In Township 20 South, Range 46 East of the Willamette Meridian:
Section 26: A parcel of land in the SE1/4 SE1/4 more particularly described as follows, to wit:
Beginning at a point North 0° 10’ West, 30 feet and North 89° 52’ West, 239 feet from the Southeast corner of Section 26; Thence North 0° 10’ West, 313.5 feet; Thence North 89° 52’ West, 209.0 feet;
Thence South 0° 10’ East, 313.5 feet; Thence South 89° 52’ East, 209.0 feet to the Point of Beginning.
EXCEPTING THEREFROM a parcel of land in the SE1/4 SE1/4 more particularly described as follows, to-wit:
Beginning at a point North 0° 10’ West, 30 feet and North 89° 52; West, 291.5 feet From the Southeast corner of section 26; Thence North 0° 10’ West, 209.0 feet; Thence South 89° 52’ East, 52.5 feet; Thence North 0° 10’ West, 104.5 feet; Thence North 89° 52’ West, 209.0 feet; Thence South 0° 10’ East, 313.5 feet; Thence South 89° 52’ East, 156.5 feet to the Point of Beginning,
Which has the address of 710 Owyhee Ave., Nyssa, OR 97913.
Both the beneficiary and the trustee have elected to sell the real property to satisfy the obligations secured by the trust deed and a notice of default has been recorded pursuant to Oregon Revised Statutes 86.752(3); the default for which the foreclosure is made is grantor’s failure to pay when due the following sums:
Principal balance of $34,967.62 (which includes taxes and insurance paid by the beneficiary to protect its interest) that was due September 25, 2019, plus interest from July 25, 2019, at the rate of 12.450%, per annum, plus all fees, costs and expenses associated with this foreclosure and all sums expended by the beneficiary to protect the property or his interest therein during the pendency of this proceeding.
By reason of this default, the beneficiary has declared all sums owing on the obligation secured by the trust deed immediately due and payable, which sums are as follows:
The sum of $34,967.62 with interest thereon at the rate of 12.450 percent per annum from July 25, 2019, until paid; plus accrued late charges in the amount of $1,872.19 as of September 25, 2019; plus reconveyance fee in the amount of $200.00; plus cost of foreclosure report of $224.00; plus certified mailing fees of $35.60; plus attorney’s fees of $1,000.00, plus all fees, costs and expenses associated with this foreclosure and all sums expended by the beneficiary to protect the property or his interest therein during the pendency of this proceeding.
WHEREFORE, notice hereby is given that the undersigned trustee will on Tuesday, July 7, 2020, at the hour of 10 o’clock a.m., in accordance with the standard of time established by ORS 187.110, at the front door of the Malheur County Courthouse, 251 B Street West, in the City of Vale, Malheur County, Oregon, sell at public auction to the highest bidder for cash the interest in the above described real property which the grantor had or had power to convey, at the time of the execution by him of the trust deed, together with any interest the grantor or his successors in interest acquired after the execution of the 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 86.778 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 rendering the performance required under the obligation or trust deed, and in addition to paying the 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 not exceeding the amounts provided by said ORS 86.778.
Without limiting the Trustee’s disclaimer of representations or warranties, Oregon law requires the Trustee to state in this notice that some residential property sold at a Trustee’s sale may have been used in manufacturing methamphetamines, the chemical components of which are known to be toxic. Prospective purchasers of residential property should be aware of this potential danger before deciding to place a bid for this property at the Trustee’s sale.
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 of which is secured by the trust deed, and the words “trustee” and “beneficiary” include their respective successors in interest, if any.
Dated: February 25, 2020.
Dustin A. Martinsen, Successor Trustee
This communication is an attempt to collect a debt, and any information obtained will be used for that purpose
Publish Dates: April 29, 2020 and May 6, 13, and 20, 2020
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