Notice of Preliminary Determination for Water Right Transfer T-13104
T-13104 filed by Monte Heid, 5261 South Road L., Jamieson, OR 97909, proposes additional points of appropriations under Certificates 51777, 51778, 60415, and 82626. Certificate 51777 allows the use of 2.23 cubic feet per second (cfs) from a well in Sec. 5, T16S, R43E, WM for irrigation in Sects. 5, 6, and 8, T16S, R43E, WM. The applicant proposes additional points of appropriation in Sec. 1, T16S, R42E, WM, and Sects. 6 and 8, T16S, R43E, WM. Certificate 51778 allows the use of 1.33 cfs from a well in Sec. 6, T16S, R43E, WM for irrigation in Sects. 5, 6, and 8, T16S, R43E, WM. The applicant proposes additional points of appropriation in Sec. 1, T16S, R42E, WM, and Sects. 5, 6 and 8, T16S, R43E, WM. Certificate 60415 allows the use of 0.42 cfs from a well in Sec. 8, T16S, R43E, WM for irrigation in Sec. 8, T16S, R43E, WM. The applicant proposes additional points of appropriation in Sec. 1, T16S, R42E, WM, and Sects. 5, 6 and 8, T16S, R43E, WM. Certificate 82626 allows the use of 0.76 cfs from a well in Sec. 6, T16S, R43E, WM for irrigation in Sects. 5, 6, and 8, T16S, R43E, WM. The applicant proposes additional points of appropriation in Sec. 1, T16S, R42E, WM, and Sects. 5, 6 and 8, T16S, R43E, WM. The Water Resources Department proposes to approve the transfer, based on the requirements of ORS Chapter 540 and OAR 690-380-5000.
Any person may file, jointly or severally, a protest or standing statement within 30 days after the last date of newspaper publication of this notice, 12/15/2021. Call (503) 986-0815 to obtain additional information. If no protests are filed, the Department will issue a final order consistent with the preliminary determination.
IMPORTANT: Due to COVID-19, the Department’s office is closed to walk-in services. The Department encourages the submission of protests by U.S. mail. Please consider mailing early to ensure the Department receives the protest by the deadline specified above.
Publish Date: December 8 & 15, 2021
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TRUSTEE’S NOTICE OF SALE
Reference is made to that certain Line of Credit Instrument (“Trust Deed”) made by Mark E. Delong, as grantor, to Malheur County Title Company, Inc., as trustee, in favor of Bank of Eastern Oregon, as beneficiary, dated December 30, 2013, and recorded on December 31, 2013, as Instrument No. 2013-5385 of the Official Records of Malheur County, Oregon, which was modified by that certain Modification of Deed of Trust dated August 6, 2014, and recorded on August 7, 2014, as Instrument No. 2014-2559 of the Official Records of Malheur County, Oregon, wherein the maturity date of the debt instrument specifically identified in the Trust Deed was extended to December 10, 2014, which was further modified by that certain Assignment of Trust Deed dated December 19, 2018, and recorded on January 8, 2019, as Instrument No. 2019-0068 of the Official Records of Malheur County, Oregon wherein PSB Credit Services, Inc. is named as successor beneficiary under said trust deed, which was further modified by that certain Appointment of Successor Trustee recorded on July 13, 2021 as Instrument No. 2021-3452 in the Official Records of Malheur County, Oregon wherein Bradley S. Copeland is named as the Successor Trustee, covering the following described real property situated in said county and state, to-wit:
See Exhibit A attached hereto
Pursuant to the terms of the Trust Deed, the real property and improvements described therein secure the original principal amount of a line of credit instrument in the amount of $3,812,000.00, together with all other obligations, debts, and liabilities, plus interest thereon, of Grantor to Bank of Eastern Oregon, which effectively included three separate promissory notes executed by Grantor and payable to Bank of Eastern Oregon with loan numbers ending in 8512, 8579, and 8546. Grantor filed a Petition for Relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Oregon on November 28, 2017, Case No. 17-34395 (“Bankruptcy Case”). Pursuant to the terms of Debtor’s First Amended Plan of Reorganization Dated August 24, 2018, which was confirmed pursuant to an Order Approving Disclosure Statement and Confirming Debtor’s First Amended Plan of Reorganization Dated August 24, 2018, entered by the Bankruptcy Court on October 19, 2018, (Docket No. 177) (“Confirmed Plan”). Pursuant to the terms of the Confirmed Plan, the unpaid consolidated balance due under the three promissory notes referenced above was $4,662,920.50, with fixed interest accruing thereon at prime rate as of November 5, 2018, which said rate was 5.25%, computed on a 365/365 simple interest basis. Both the Beneficiary and the Successor 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 86.752(3); the default for which the foreclosure is made is Grantors’ failure to pay when due the following sums: Bi-annual payments in accordance with the terms of the Confirmed Plan in the amounts of $200,000 on or before May 17, 2019, $200,000 on or before November 17, 2019, $250,000 on or before May 17, 2020, $250,000 on or before November 17, 2020, and $300,000 on or before May 17, 2021.
By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Trust Deed immediately due and payable, said sums being the following, to-wit: the principal balance of $4,662,920.50, together with accrued interest through July 31 2021 in the amount of $610,690.00, with interest continuing to accrue thereafter at the rate of 5.25%, which is $670.69 per diem, until paid, and such other costs, charges and fees as are due under the debt instruments secured by the Trust Deed, and as are provided by statute.
WHEREFORE, notice is hereby given that the undersigned successor Trustee will, on January 5, 2022, at the hour of 10:00 a.m. MST in accord with the standard of time established by ORS 187.110, Malheur County Courthouse front entrance, 251 “B” Street West, Vale, Oregon, sell at public auction to the highest bidder for cash the interest in said described real property which the Grantor had or had power to convey at the time of the execution by them of the said Trust Deed, together with any interest which the Grantors or their 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 86.778 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 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 not exceeding the amounts provided by 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 said Trust Deed, and the words “Trustee” and “Beneficiary” include their respective successors in interest, if any.
THE DEBT DESCRIBED IN THIS TRUSTEE’S NOTICE OF SALE WILL BE ASSUMED TO BE VALID UNLESS WITHIN 30 DAYS AFTER THE RECEIPT OF THIS
Oregon scientists on alert for Omicron
By Lynne Terry
Oregon Capital Chronicle
The latest Covid-19 variant of concern has never appeared in Oregon – at least yet.
Dr. Melissa Sutton, the Oregon Health Authority’s medical director of respiratory viral pathogens, reviewed all of the state’s genome sequencing data on Covid-19 samples last week. She told the Capital Chronicle that none of the samples resembled Omicron.
But that’s likely to change soon, perhaps in the next few days.
Though scientists still have a lot to learn about this variant, they already know enough to be concerned. In South Africa, it appears to have quickly overtaken the Delta variant, becoming the dominant strain.
Sutton, whose work involves catching emerging viruses in Oregon, is worried.
“That’s absolutely concerning,” Sutton said. “More transmissible variants mean more cases. And of course, more cases translate to more severe cases, hospitalizations and deaths.”
Scientists don’t know whether Omicron causes a higher percentage of more severe illnesses than other variants. But in South Africa, people who’ve already had Covid-19 are becoming reinfected. Omicron appears to have genetic advantages that enable it to more easily invade human cells.
“The Omicron variant has about 50 unique mutations, and about half of those mutations occur in the region of the spike protein,” Sutton said. “The spike protein governs infection and immunity. So one of the reasons that we are concerned is that Omicron may impact vaccine effectiveness.”
Another potential concern is treatment. Scientists don’t know whether monoclonal antibody infusions will work against Omicron. Such infusions contain lab-manufactured antibodies to fight the virus and are most useful early in an infection before the virus takes a strong hold. Scientists are studying that, too.
Leaders at Pfizer and Moderna said they’re working on tailoring their vaccines to fight Omicron. One of the advantages of the technology used to produce the Prizer and Moderna vaccines is that it can be readapted fairly quickly, but still the tweaked vaccines would have to be tested in people. Pfizer said the earliest it could have a vaccine out would be 100 days.
In the meantime, public health officials say that everyone should get fully vaccinated or get booster shots. Though the current vaccines aren’t targeted at Omicron, they were designed to be effective against a range of variants, Sutton said.
The state, meanwhile, is adding lab equipment to bump up its genomic sequencing of Covid-19 samples. Right now it can sequence 200 samples from Covid-19 tests a week. Oregon Health & Science University is sequencing about 700 samples a week but has the capability to analyze thousands of specimens. The University of Oregon, which is also analyzing Covid-19 samples, can sequence 3,000 samples a week. There’s also a genomic sequencing lab at Oregon State University.
“Compared to other states, Oregon does a lot of sequencing,” Sutton said. “We rank 11th nationally in terms of sequencing volume. To date, we’ve sequenced about 7.1% of all positive molecular specimens.”
Though that doesn’t sound like much, she said only a fraction needs to be analyzed to get a good picture of the evolution and spread of Covid-19 in Oregon. Besides the surveillance of individual samples, Oregon State University is conducting wastewater sampling for Covid in 40 communities across the state.
“That’s something that’s really pretty unique to Oregon,” Sutton said.
The team that oversees the wastewater project plans to start looking for Omicron this week.
“We have now added the Omicron sequence signature to our algorithm and will start looking for its presence in wastewater from samples taken” last week, according to an email from Tyler Radniecki, who oversees the program. “We plan to continue sequencing efforts on a weekly basis.”
The program can sequence up to about 180 wastewater samples a week. Radniecki said that could be doubled if needed.
The Omicron variant’s mutations make it relatively easy to detect, according to Brian O’Roak, an associate professor of molecular and medical genetics at OHSU.
“One of Omicron’s mutations is easily flagged as it disrupts a probe used to detect Covid-19 in some standard PCR tests, including one of the tests used at OHSU,” O’Roak said in an email. “Once we see this flag in our clinical test results, we can prioritize screening those samples.”
He said the university has streamlined its analysis so that the variant could be analyzed in an afternoon. Normally, it would take a lab about 48 hours to extract and analyze the genetic data from the sample.
“Although the number of new mutations in the Omicron variant are concerning, I believe the U.S. should still be more concerned with Delta, which is widespread here and continues to cause a lot of suffering and death,” O’Roak wrote.
The Delta variant surged this summer but since late October, cases have gradually dropped, reaching a low in Oregon on Nov. 26, when about 450 cases were reported. Since then, they’ve been climbing, hitting about 1,350 last Thursday, according to Oregon Health Authority data. The wastewater program is finding Covid-19 samples about everywhere it looks, especially in central, eastern and southern Oregon, Radniecki said.
Hospitals remain full, and vaccination rates have stagnated.
Though U.S. officials say the country has enough vaccine, some people in Oregon have had trouble getting their shots.
The state has a vaccine website at GetVaccinated and the state’s hospital systems and pharmacies also have information about the shots.
Public health officials advise people to keep trying. The more who are vaccinated, the less likely it will be that new variants will emerge, Sutton said.
“People who are vaccinated and develop infection can potentially transmit to others,” Sutton said. But vaccination helps stem overall transmission.
“Vaccination really is the key,” Sutton said. “It’s the path forward.”
Oregon Capital Chronicle is part of States Newsroom, a network of news bureaus supported by grants and a coalition of donors as a 501c(3) public charity. Follow Oregon Capital Chronicle on Facebook and Twitter.
NOTICE THE PERSON(S) OBLIGATED OR ALLEGEDLY OBLIGATED TO PAY THE DEBT DISPUTES IN WRITING THE VALIDITY OF THE DEBT OR SOME PORTION OF IT.
If the Successor Trustee is notified in writing within the 30 day period that the debt or some portion of it is disputed, the Successor Trustee will obtain verification of the debt. Then, a copy of the verification will be mailed by the Successor Trustee to the person(s) notifying him of the dispute.
Upon written request within the 30 day period, the Successor Trustee will provide the name and address of the original creditor if different than the current creditor named above.
Written requests to the Successor Trustee should be delivered to: Bradley S. Copeland, Arnold Gallagher PC,
PO Box 1758, Eugene, OR 97440-1758.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DATED: August 6, 2021
Bradley S. Copeland, Successor Trustee
541-484-0188
EXHIBIT A
Parcel 2A
Land in Malheur County, Oregon, as follows: Tax Lots 1400,1500 (fmly Tax Lot 3800, 3900) In Township 17 South, Range 44 East of the Willamette Meridian: Section 8: S1/2 NE1/4 lying North and East of the John Day Highway No. 26 right of way,
EXCEPTING THEREFROM a parcel more particularly described as follows:
Commencing at a point on the South line of the SE1/4 NE1/4 of said Section 8, 25 feet West of the East quarter corner of said Section 8; thence North 0° 21’ East, 374 feet; thence South 51° 10’ West, 159 feet; thence South 78° 50’ West, 67 feet; thence South 50° 35’ West, 200 feet; thence South 33° 36’ West, 131 feet; thence North 88° 10’ West, 177 feet; thence North 14° 40’ West, 110 feet; thence North 77° 20’ West, 54 feet; thence South 62° 13’ West, 188 feet; thence North 65° 55’ West, 191 feet; thence South 70° 09’ West, 30 feet; thence South 35° 46’ West, 114 feet; thence South 51° 25’ East, 34.2 feet to the South line of said SE1/4 NE1/4; thence East, along said South line, 1088.3 feet to the Point of Beginning.
Parcel B
Land in Malheur County, Oregon, as follows:
In Twp. 17 S., R. 44 E., W. M.: Tax Lot 4000 (fmly Tax Lot 2700)
Sec. 15: a parcel of land described as follows, to-wit:
Commencing at the Southwest comer of said Sec. 15; thence East, along the South line of said Section, 2118 feet to the Point of Beginning; thence East, along the South line of said Section, 208.5 feet; thence North 208.5 feet; thence West 208.5 feet; thence South 208.5 feet to the Point of Beginning.
Parcel C
Land in Malheur County, Oregon, as follows:
In Twp. 17 S., R. 44 E., W.M.: Tax Lots 4400, 4500 and 4900 (fmrly 5001, 5090 and 5300) Sec. 16: That portion of the West 1/2, W1/2E1/2 and SE1/4 NE1/4 lying South and West of the State of Oregon
Highway No. 26 right of way.
EXCEPTING THEREFROM a parcel of land in the W1/2 SE1/4 of Sec. 16, Twp. 17 S., R. 44 E., W.M.,
described as follows:
Beginning at the Southeast corner of the SW1/4 SE1/4 of said Sec. 16; thence West, coincident with the South boundary of Sec. 16, 1314.46 feet; thence N. 29° 41’ 30” E., 394.64 feet; thence N. 41° 47’ 30” E., 611.01 feet; thence N. 14° 31’ 59” W., 249.51 feet; thence N. 37° 16’ 40” E., 50.20 feet; thence N. 28° 34’ 39” W., 184.50 feet; thence N. 55° 41’ 06” E., 325.10 feet; thence N. 40° 06’ 29” E., 327.36 feet; thence N. 49° 24’ 01” E., 159.99 feet; thence N. 57° 22’ 17” E., 80.59 feet; thence N. 66° 24’ 04” E., 155.75 feet;
thence N. 50° 58’ 45” E., 110.36 feet to a point on the East boundary of said SW1/4 SE1/4; thence S. 01° 04’ W., coincident with the East boundary of the SW1/4 SE1/4, 1960.84 feet to the Point of Beginning.
Parcel D
Land in Malheur County, Oregon, as follows:
In Twp. 17 S., R. 44 E., W.M.: Tax Lots 8000 and 8100 (fmrly 800 and 900)
Sec. 21: The NE1/4 NW1/4,
EXCEPTING THEREFROM that portion as conveyed to USA by Deed recorded in Book 31, Page 257 for Lateral. AND the N1/2 NE1/4,
EXCEPTING THEREFROM that portion as conveyed to USA by Deed recorded in Book 31, Page 224 for Lateral.
Parcel E
Land in Malheur County, Oregon, as follows:
In Twp. 17 S., R. 44 E., W.M.: Tax Lots 10100 & 10400
Sec. 23: All lands lying East of the John Day Highway right of way in the SW1/4, W1/2 SE1/4 and S1/2 NW1/4,
EXCEPTING THEREFROM that portion of land lying South of the Vale-Oregon Irrigation Drain in the SW1/4 SE1/4. AND all that portion of the NE1/4 in said Sec. 23 lying South and West of Willow Creek.
END OF PROPERTY DESCRIPTION
Publish Date: November 24, 2021 and December 1, 8, and 15, 2021