IN THE COUNTY COURT OF THE STATE OF OREGON
FOR THE COUNTY OF MALHEUR
In the Matter of the Estate of, Case No.: 6342
DONNA B. CLEAVER,
Deceased. NOTICE TO INTERESTED PERSONS
NOTICE IS HEREBY GIVEN that Brian L. Cleaver has been appointed Personal Representative. All persons having claims against the estate are required to present them to the undersigned Personal Representative, in care of his attorney:
Brian L. Cleaver
c/o Michael W. Horton
Five Rivers Law, P.C.
P.O. Box 1565
Nyssa, Oregon 97913
(541)372-2268
within four months after the date of the first publication of this notice, or the claims may be barred.
All persons whose rights may be affected by the proceedings may obtain additional information from the records of the court, the Personal Representative, or the attorney for the Personal Representative.
Dated and first published August 16, 2023
Brian L. Cleaver
Personal Representative
Publish Dates: August 16, August 23, August 30, 2023
*****
IN THE COUNTY COURT OF THE STATE OF OREGON
FOR THE COUNTY OF MALHEUR
In the Matter of the Estate of, Case No.: 6343
PATRICIA L. HIATT,
Deceased. NOTICE TO INTERESTED PERSONS
NOTICE IS HEREBY GIVEN that Everet L. Hiatt and Randall D. Hiatt have been appointed Co-Personal Representatives. All persons having claims against the estate are required to present them to the undersigned Co-Personal Representatives, in care of their attorney:
Everet L. Hiatt
Randall D. Hiatt
c/o Michael W. Horton
Five Rivers Law, P.C.
P.O. Box 1565
Nyssa, Oregon 97913
(541)372-2268
within four months after the date of the first publication of this notice, or the claims may be barred.
All persons whose rights may be affected by the proceedings may obtain additional information from the records of the court, the Co-Personal Representatives, or the attorney for the Co-Personal Representatives.
Dated and first published August 16, 2023.
Everet L. Hiatt, Randal D. Hiatt,
Co-Personal Representative Co-Personal Representative
Publish Dates: August 16, August 23, August 30, 2023
*****
UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
Owyhee Energy Storage, LLC Project No. 15006-001
NOTICE OF INTENT TO FILE LICENSE APPLICATION, FILING OF PRE-APPLICATION DOCUMENT (PAD), COMMENCEMENT OF ILP PRE-FILING PROCESS AND SCOPING; REQUEST FOR COMMENTS ON THE PAD AND SCOPING DOCUMENT, AND IDENTIFICATION OF ISSUES AND ASSOCIATED STUDY REQUESTS
(August 8, 2023)
Type of Filing: Notice of Intent to File License Application for an Original License, Commencing Pre-filing Process, and Denial of Request to Use the Traditional Licensing Process.
Project No.: 15006-001
Dated Filed: April 14, 2023
Submitted By: Owyhee Energy Storage, LLC (OES)
Name of Project: Owyhee Pumped Storage Project (Owyhee Project)
Location: On the northeast side of U.S. Bureau of Reclamation’s (Reclamation) Owyhee Reservoir on the Owyhee River approximately 10 miles southwest of Adrian in Malheur County, Oregon. The project would be located on federal lands owned and/or administered by Reclamation and Bureau of Land Management.
Filed Pursuant to: 18 C.F.R. Part 5 of the Commission’s regulations
Applicant Contact: Mr. Matthew Shapiro, rPlus Hydro LLLP, 800 West Main Street, Suite 640, Boise, Idaho 83702; phone: (208) 246-9925.
FERC Contact: John Matkowski, (202) 502-8576, [email protected].
OES filed its Pre-Application Document (PAD) and request to use the Traditional Licensing Process (TLP) on April 14, 2023. OES published public notice of its Notice of Intent to file a license application, PAD, and request to use the TLP on the same day. After reviewing comments submitted by stakeholders, Commission staff denied OES’s request to use the TLP on June 13, 2023. OES must use the Integrated Licensing Process to prepare a license application for the Owyhee Project.
Cooperating agencies: Federal, state, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues that wish to cooperate in the preparation of the environmental document should follow the instructions for filing such requests described in item o below. Cooperating agencies should note the Commission’s policy that agencies that cooperate in the preparation of the environmental document cannot also intervene. See 94 FERC ¶ 61,076 (2001).
With this notice, we are initiating informal consultation with: (a) the U.S. Fish and Wildlife Service and/or NOAA Fisheries under section 7 of the Endangered Species Act and the joint agency regulations thereunder at 50 C.F.R., Part 402; and (b) the Oregon State Historic Preservation Officer, as required by section 106, National Historic Preservation Act, and the implementing regulations of the Advisory Council on Historic Preservation at 36 C.F.R. § 800.2.
With this notice, we are designating OES as the Commission’s non-federal representative for carrying out informal consultation, pursuant to section 7 of the Endangered Species Act, and section 106 of the National Historic Preservation Act.
A copy of the PAD is available for review on the Commission’s website (http://www.ferc.gov), using the “eLibrary” link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). A copy of the PAD is also available for public inspection during normal business hours at the office of rPlus Hydro, 800 W. Main Street, Suite 640, Boise, Idaho 83702.
You may register online at https://ferconline.ferc.gov/FERCOnline.aspx to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support.
The Commission’s Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595, or at [email protected].
With this notice, we are soliciting comments on the PAD and Commission staff’s Scoping Document 1 (SD1), as well as study requests. All comments on the PAD and SD1, and study requests should be sent to the address above in paragraph h. In addition, all comments on the PAD and SD1, study requests, requests for cooperating agency status, and all communications to and from Commission staff related to the merits of the potential application must be filed with the Commission.
The Commission strongly encourages electronic filing. Please file documents using the Commission’s eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at https://ferconline.ferc.gov/QuickComment.aspx. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online. In lieu of electronic filing, you may submit a paper copy. Submissions sent via the U.S. Postal Service must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE, Room 1A, Washington, DC 20426. Submissions sent via any other carrier must be addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville, Maryland 20852. All filings must clearly identify the project name and docket number on the first page: Owyhee Pumped Storage Project (P-15006-001).
All filings with the Commission must bear the appropriate heading: “Comments on Pre-Application Document,” “Study Requests,” “Comments on Scoping Document 1,” “Request for Cooperating Agency Status,” or “Communications to and from Commission Staff.” Any individual or entity interested in submitting study requests, commenting on the PAD or SD1, and any agency requesting cooperating status must do so by October 7, 2023.
Scoping Process
In accordance with the National Environmental Policy Act (NEPA), Commission staff will prepare either an environmental assessment (EA) or an environmental impact statement (EIS) (collectively referred to as the “NEPA document”). The NEPA document will consider both site-specific and cumulative environmental effects, and reasonable alternatives to the proposed action. The Commission’s scoping process will help determine the required level of analysis and satisfy the NEPA scoping requirements, irrespective of whether the Commission prepares an EA or EIS.
Scoping Meetings
Commission staff will hold two public scoping meetings to receive input on the scope of the environmental issues that should be analyzed in the NEPA document. The daytime scoping meeting will focus on resource agency, Native American Tribes, and non-governmental organization (NGO) concerns, while the evening scoping meeting will focus on receiving input from the public. We invite all interested agencies, Native American Tribes, NGOs, and individuals to attend one of these meetings to assist us in identifying the scope of environmental issues that should be analyzed in the NEPA document. The dates, times and locations of these meetings are as follows:
Daytime Scoping Meeting
DATE: Wednesday, September 6, 2023
TIME: 2:00 p.m. – 4:00 p.m. Mountain Daylight Time (MDT)
PLACE: Holiday Inn Express & Suites – Ontario Meeting Room
ADDRESS: 212 SE 10th St, Ontario, OR 97914
Evening Scoping Meeting
DATE: Wednesday, September 6, 2023
TIME: 6:00 p.m. – 8:00 p.m. MDT
PLACE: Holiday Inn Express & Suites – Ontario Meeting Room
ADDRESS: 212 SE 10th St, Ontario, OR 97914
Copies of SD1, outlining the subject areas to be addressed in the environmental document, was mailed to the individuals and entities on the Commission’s mailing list and OES’s PAD distribution list. Copies of SD1 may be viewed on the web at http://www.ferc.gov, using the “eLibrary” link. Follow the directions for accessing information in paragraph n. Based on all oral and written comments, a Scoping Document 2 (SD2) may be issued. SD2 may include a revised process plan and schedule, as well as a list of issues, based on the scoping process.
Environmental Site Reviews
The applicant and Commission staff will conduct an environmental site review of the proposed project. All interested agencies, Native American Tribes, NGOs, and individuals are invited to attend. All participants are responsible for their own transportation and must wear closed-toe shoes/boots for walking in uneven/sloped terrain around the proposed project area. If you plan to attend the environmental site review, please contact Matthew Shapiro with rPlus Hydro at (208) 246-9925, or via email at [email protected], on or before August 25, 2023. If calling to RSVP, stakeholders should provide their name, phone number, and an email address. The time and location of the environmental site review is as follows:
Owyhee Project On-Site Environmental Site Review
DATE: Thursday, September 7, 2023
TIME: 9:30 a.m. to 2:30 p.m. (MDT)
PLACE: The location to meet for the Environmental Site Review will be provided to those that RSVP.
Meeting Objectives
At the scoping meetings, Commission staff will: (1) initiate scoping of the issues; (2) review and discuss existing conditions; (3) review and discuss existing information and identify preliminary information and study needs; (4) review and discuss the process plan and schedule for pre-filing activity that incorporates the time frames provided for in Part 5 of the Commission’s regulations and, to the extent possible, maximizes coordination of federal, state, and tribal permitting and certification processes; and (5) discuss the potential of any federal or state agency or Native American tribe to act as a cooperating agency for development of an environmental document. Meeting participants should come prepared to discuss their issues and/or concerns. Please review the PAD in preparation for the scoping meetings. Directions on how to obtain a copy of the PAD and SD1 are included in item n of this document.
Meeting Procedures
The scoping meetings will be recorded by a court reporter, and all statements will become part of the Commission’s public record for the project.
Agencies, Native American Tribes, NGOs, and individuals with environmental expertise and concerns are encouraged to attend the meetings and to assist Commission staff in defining and clarifying the issues to be addressed in the NEPA document.
Kimberly D. Bose,
Secretary.
Publish Date: August 16, 2023
*****
TRUSTEE’S NOTICE OF SALE TS No.: 165882 APN: 15002 Reference is made to that certain deed made by David E. Verrinder, a single man as Grantor to First American Title, as Trustee, in favor of Mortgage Electronic Registration Systems, Inc. as designated nominee for Rocket Mortgage, LLC, FKA Quicken Loans, LLC Rocket Mortgage, LLC, FKA Quicken Loans, LLC as Beneficiary,dated 08/08/2021,recorded 08/18/2021, in the official records of Malheur County, Oregon as Instrument No. 2021-4195 in Book xx, Page xx covering the following described real property situated in said County and State, to wit: See Attached Exhibit A EXHIBIT “A” LAND IN MALHEUR COUNTY, OREGON, AS FOLLOWS: IN TOWNSHIP 15 SOUTH RANGE 47 EAST, W.M.: SECTION 32: A PARCEL OF LAND IN THE NORTHEAST 1/4 NORTHEAST 1/4 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32; THENCE SOUTH 658.2 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 329.1 FEET; THENCE WEST 660.8 FEET; THENCE NORTH 328.8 FEET; THENCE EAST 660.5 FEET TO THE POINT OF BEGINNING.EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF OREGON BY DEED RECORDED OCTOBER 17, 1930,BOOK 34, PAGE 236, COVERING THE EAST 40 FEET. Commonly known as: 5463 Highway Spur 95, Ontario, OR 97914 The current beneficiary is Rocket Mortgage, LLC f/k/a Quicken Loans, LLC pursuant to assignment of deed of trust recorded on 02/06/2023 as Inst No. 2023-0357 in the records of Malheur, Oregon. The beneficiary has elected and directed successor trustee to sell the said real property to satisfy the obligations secured by said trust deed and notice has been recorded pursuant to Section 86.752(3) of Oregon Revised Statutes: the default for which the foreclosure is made is the grantor’s failure to: Make the monthly payments commencing with the payment due on 11/01/2022 and continuing each month until this trust deed is reinstated or goes to trustee’s sale; plus a late charge on each installment not paid within fifteen days following the payment due date; trustee’s fees and other costs and expenses associated with this foreclosure and any further breach of any term or condition contained in subject note and deed of trust. 1. By the reason of said default the beneficiary has declared all obligations secured by said deed of trust immediately due and payable, said sums being the following, to wit: Principal balance of: $176,600.95; 2. Interest through 06/29/2023 in the amount of: $ 3,925.31 3. Recoverable balance in the amount of: $ 598.20 4. Late Charges in the Amount of: $ 38.04 5. Escrow Advances in the amount of: $ 1,522.56 6. Together with the interest thereon at the rate 2.9900000% per annum until paid; plus all accrued late charges thereon; and all trustee’s fees, foreclosure costs and any sums advanced by the beneficiary pursuant to the terms of said deed of trust. The principal sum of $176,600.95 together with the interest thereon at the rate 2.9900000% per annum from 10/01/2022 until paid; plus all accrued late charges thereon; and all trustee’s fees, foreclosure costs and any sums advanced by the beneficiary pursuant to the terms of said deed of trust. Whereof, notice hereby is given that the undersigned trustee will on 11/13/2023 at the hour of 1:00 PM, Standard of Time, as established by Section 187.110, Oregon Revised Statutes, at the front entrance to the Malheur County Courthouse located at 251 B Street West, Vale, OR 97918, County of Malheur, State of 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 of 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 Section 86.778 of Oregon Revised Statutes; has the right to have the foreclosure proceeding dismissed and the trust deed reinstated by payment to the beneficiary of the entire amount then due (other than such portion of said principal as would not then be due had no default occurred), together with the costs, trustee’s and attorney’s fees and curing any other default complained of in the Notice of Default by tendering the performance required under the obligation or trust deed, at any time prior to five days before the date last set for the sale. In construing this, themasculine gender includes the feminine and the successor in interest to the grantor as well as any other person owing obligation, the performance of which is secured by said trust deed; the words “trustee” and “beneficiary” include their respective successors in interest, if any. Pursuant to Oregon Law, this sale will not be deemed final until the Trustee’s deed has been issued by The Mortgage Law Firm, LLC. If any irregularities are discovered within 10 days of the date of this sale, the trustee will rescind the sale, return the buyer’s money and take further action as necessary. If the sale is set aside for any reason, including if the trustee is unable to convey title, the Purchaser at the sale shall be entitled only to a return of the monies paid to the Trustee. This shall be the Purchaser’s sole and exclusive remedy. The purchaser shall have no further recourse against the Trustor, the Trustee, the Beneficiary, the Beneficiary’s Agent, or the Beneficiary’s Attorney. Also, please be advised that pursuant to the terms stated on the Deed of Trust and Note, the beneficiary is allowed to conduct property inspections while there is a default. This shall serve as notice that the beneficiary shall be conducting property inspections on the referenced property. 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. NOTICE TO RESIDENTIAL TENANTS The property in which you are living is in foreclosure. A foreclosure sale is scheduled for 11/13/2023 (date). 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 information does not apply to you if you own this property or if you are not a bona fide residential 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. PROTECTION FROM EVICTION IF YOU ARE A BONA FIDE TENANT OCCUPYING AND RENTING THIS PROPERTY AS A RESIDENTIAL DWELLING, YOU HAVE THE RIGHT TO CONTINUE LIVING IN THIS PROPERTY AFTER THE FORECLOSURE SALE FOR: • 60 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE, IF YOU HAVE A FIXED TERM LEASE; OR • AT LEAST 30 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE, IF YOU HAVE A MONTH-TO-MONTH OR WEEK-TO-WEEK RENTAL AGREEMENT. If the new owner wants to move in and use this property as a primary residence, the new owner can give you written notice and require you to move out after 30 days, even though you have a fixed term lease with more than 30 days left. You must be provided with at least 30 days’ 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; • Requires 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 of the foreclosure sale. ABOUT YOUR TENANCY BETWEEN NOW AND THE FORECLOSURE SALE: RENT YOU SHOULD 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 The new owner that 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 30 or 60 days. 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 30 or 60 days. 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 included with this notice. 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. Information about whom to contact for free legal assistance is included with this notice. OREGON STATE BAR, 16037 S.W. Upper Boones Ferry Road, Tigard Oregon 97224, Phone (503) 620-0222, Toll-free 1-800-452-8260 Website: http://www.oregonlawhelp.org NOTICE TO VETERANS If the recipient of this notice is a veteran of the armed forces, assistance may be available from a county veterans’ service officer or community action agency. Contact information for a service officer appointed for the county in which you live and contact information for a community action agency that serves the area where you live may be obtained by calling a 2-1-1 information service. The Fair Debt Collection Practices Act requires that we state the following: this is an attempt to collect, and any information obtained will be used for that purpose. If a discharge has been obtained by any party through bankruptcy proceedings: This shall not be construed to be an attempt to collect the outstanding indebtedness or hold you personally liable for the debt. This letter is intended to exercise the note holders right’s against the real property only. The Successor Trustee, The Mortgage Law Firm, LLC, has authorized the undersigned attorney to execute the document on the Successor Trustee’s behalf as allowed under ORS 86.713(8).
Dated:07/11/2023 The Mortgage Law Firm, LLC By: Jason L. Cotton, OSB #223275 Eric A. Marshack, OSB #050166 The Mortgage Law Firm, LLC 650 NE Holladay Suite 1600 Portland, OR 97232 Phone number for the Trustee: 1 (971) 270-1233 1 (619) 465-8200 A-FN4791316 07/26/2023, 08/02/2023, 08/09/2023, 08/16/2023
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