Local government

Public Notices from the Enterprise, for the week of November 22, 2023

PUBLIC NOTICE FEMA DR-4733-Burns Paiute Tribe The Federal Emergency Management Agency (FEMA) hereby gives notice to the public of its intent to reimburse eligible applicants for eligible costs to repair and/or replace facilities damaged by severe storm, flooding, landslides, and mudslides which occurred from June 11-12, 2023. This notice applies to the Public Assistance (PA) and Hazard Mitigation Grant (HMGP) programs implemented under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5207. Under a major disaster declaration (FEMA DR-4733-BPT) signed by the President on August 28, 2023, the Burns Paiute Tribe has been designated as adversely affected by the disaster and eligible for PA and HMGP. This public notice concerns activities that may affect historic properties, activities in or affecting wetland areas or the 100-year flood plain, and critical actions within the 500-year floodplain. Such activities may adversely affect a historic property, floodplain or wetland, or may result in continuing vulnerability to flood damage. Presidential Executive Orders (EO) 11988 (Floodplain Management), 13690 (Establishing a Federal Flood Risk Management Standard, reinstated by EO14030 and per Interim FEMA Policy 104-22-0003), and 11990 (Wetlands Protection) require that all federal actions in or affecting the floodplain or wetland be reviewed for opportunities to avoid, minimize, or mitigate the risk of future flood hazards in light of social, economic, historical, environmental, legal, and safety considerations. Where there is no opportunity to relocate, FEMA is required to undertake a detailed review to determine what measures can be taken to minimize future damages. The public is invited to participate in the process of identifying alternative and analyzing their impacts through this notification. FEMA has determined that for certain facility types there are normally no alternatives to restoration in the floodplain/wetland. These are facilities that meet all of the following criteria: 1) FEMA’s estimate of the repair costs is less than 50-percent of the cost to replace the entire facility, and is less than $100,000; 2) the facility is not located in a floodway or coastal high hazard area; 3) the facility has not sustained major structural damage in a previous presidentially declared flooding disaster or emergency; and 4) the facility is not critical (e.g., the facility is not a hospital, generating plant, emergency operations center, or a facility that contains dangerous materials). FEMA intends to provide assistance for the restoration of these facilities to their predisaster condition, except in certain measures to mitigate the effects of future flooding or other hazards that may be included. For example, a bridge or culvert restoration may include a larger waterway opening to decrease the risk of future washouts. For routine activities, this will be the only public notice provided. Other activities and those involving facilities that do not meet the four criteria are required to undergo more detailed review, including study of alternate locations. Subsequent public notices regarding such projects will be published, if necessary, as more specific information becomes available. In many cases, an applicant may have started facility restoration before federal involvement. Even if the facility must undergo detailed review and analysis of alternate locations, FEMA will fund eligible restoration at the original location if the facility is functionally dependent on its location (e.g., bridges and piers), the project facilitates an open space use, or the facility is an integral part of a larger network that is impractical or uneconomical to relocate, such as a road. In such cases, FEMA must examine the possible effects of not restoring the facility and opportunities to minimize floodplain/wetland impacts. An overriding public need for the facility must clearly outweigh the EO requirements to avoid the floodplain/wetland and be the only practicable alternative. State, Tribe, and local officials will confirm with FEMA that proposed actions comply with all applicable floodplain management and wetland protection requirements. FEMA also intends to provide HMGP funding to the Burns Paiute Tribe to mitigate future disaster damages. These projects may include construction of new facilities, modification of existing undamaged facilities, relocation of facilities out of floodplains, demolition of structures, etc. While developing project proposals, subsequent public notices will be published, if necessary, as more specific information becomes available. The National Historic Preservation Act requires federal agencies to consider the effects of their undertakings on historic properties. Those actions or activities affecting buildings, structures, districts, or objects 50 years or older or that affect archaeological sites or undisturbed ground will require further review to determine if the property is eligible for listing in the National Register of Historic Places (NRHP). If the property is determined to be NRHP eligible and FEMA’s undertaking will adversely affect it, FEMA will provide additional public notices. For historic properties not adversely affected by FEMA’s undertaking, this will be the only public notice. As noted, this may be the only public notice regarding the above-described actions under the PA and HMGP programs. Interested persons may obtain information about these actions or a specific project by writing to FEMA Region 10, 130 228th Street SW, Bothell, WA 98021-9796 or by email to [email protected]. Comments should be sent in writing to Science Kilner, Regional Environmental Officer, at the above address within 15 days of this notice.

Publish Date: Nov. 22, 2023

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TRUSTEE’S NOTICE OF SALE  TS No.: 114739-OR Loan No.: ******7524  Reference is made to that certain trust deed (the “Deed of Trust”) executed by THOMAS S. HIATT, as Grantor, to FIRST AMERICAN TITLE COMPANY, as Trustee, in favor of FIRST HORIZON HOME LOAN CORPORATION, A KANSAS CORPORATION, as Beneficiary, dated 7/24/2001, recorded 7/30/2001, as Instrument No. 2001-5293, in the Official Records of Malheur County, Oregon, which covers the following described real property situated in Malheur County, Oregon:  LAND IN THE TEUTSCH’S ADDITION, CITY OF NYSSA, MALHEUR COUNTY, OREGON, ACCORDING TO THE REVISED GENERAL MAP THEREOF, AS FOLLOWS: IN BLOCK 25: THE SOUTH 3/5 OF LOT 3 AND THE NORTH 3/5 OF LOT 4.  APN:  4122 / 19S4732BA 3800  Commonly known as: 209 NORTH SIXTH STREET NYSSA, OR 97913  The current beneficiary is: U.S. BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR LEGACY MORTGAGE ASSET TRUST 2017-RPL2  Both the beneficiary and the trustee have elected to sell the above-described real property to satisfy the obligations secured by the Deed of Trust and notice has been recorded pursuant to ORS 86.752(3). The default for which the foreclosure is made is the grantor’s failure to pay when due, the following sums:

Delinquent Payments:

Dates: Total:

2/1/2023-10/1/2023   $1,733.22

Late Charges: $86.67

Beneficiary Advances: 

$3,441.39

Total Required to Reinstate: $5,261.28

TOTAL REQUIRED TO PAYOFF: $53,227.44

By reason of the default, the beneficiary has declared all obligations secured by the Deed of Trust immediately due and payable, including: the principal sum of $33,173.90 together with interest thereon at the rate of 5 % per annum, from 1/1/2023 until paid, plus all accrued late charges, and all trustee’s fees, foreclosure costs, and any sums advanced by the beneficiary pursuant to the terms and conditions of the Deed of Trust  Whereof, notice hereby is given that the undersigned trustee, CLEAR RECON CORP, whose address is 111 SW Columbia Street #950, Portland, OR 97201, will on  3/14/2024, at the hour of  11:00 AM, standard time, as established by ORS 187.110, AT THE “B” STREET ENTRANCE TO THE MALHEUR COUNTY COURTHOUSE, 251 “B” STREET WEST, VALE, OR 97918, sell at public auction to the highest bidder in the form of cash equivalent (certified funds or cashier’s check) the interest in the above-described real property which the grantor had or had power to convey at the time it executed the Deed of Trust, together with any interest which the grantor or his successors in interest acquired after the execution of the Deed of Trust, 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 to have the foreclosure proceeding dismissed and the Deed of Trust reinstated by payment to the beneficiary of the entire amount then due (other than the portion of principal that would not then be due had no default occurred), together with the costs, trustee’s and attorneys’ fees, and curing any other default complained of in the Notice of Default by tendering the performance required under the Deed of Trust at any time not later than five days before the date last set for sale.   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 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 the Deed of Trust, the words “trustee” and “beneficiary” include their respective successors in interest, if any.     Dated: 10/31/2023 CLEAR RECON CORP 1050 SW 6th Avenue, Suite 1100 Portland, OR 97204 Phone: 858-750-7777 866-931-0036  Jessica Lopez, Authorized Signatory of Trustee

Publish Dates: Nov. 22, Nov. 29, Dec. 6, Dec. 13, 2023

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TS No. OR05000020-23-1 APN 9818 TO No 2829273 TRUSTEE’S NOTICE OF SALE Reference is made to that certain Trust Deed made by, FRANCISCO A. RODRIGUEZ AND MARIA O. RODRIGUEZ, HUSBAND AND WIFE as Grantor to FIRST AMERICAN TITLE COMPANY OF MALHEUR COUNTY as Trustee, in favor of MEDALLION MORTGAGE COMPANY, A CALIFORNIA CORPORATION as Beneficiary dated as of April 5, 1995 and recorded on April 28, 1995 as Instrument No. 95-2900 and the beneficial interest was assigned to BANK OF AMERICA, N.A. and recorded April 6, 2023 as Instrument Number 2023-0967 of official records in the Office of the Recorder of Malheur County, Oregon to-wit: APN: 9818 LAND IN MALHEUR COUNTY,OREGON AS FOLLOWS: IN TOWNSHIP 19 SOUTH,RANGE 47 EAST OF THE WILLIAMETTE MERIDIAN: SECTION 29: A PARCEL OF LAND IN THE NW1/4 NE1/4, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 2110.3 FEET NORTH OF THE CENTER OF SAID SECTION 29, WHICH IS THE TRUE POINT OF BEGINNING; THENCE EAST 532 FEET; THENCE NORTH 0°35` WEST 81.75 FEET;THENCE WEST TO A POINT 81.5 FEET NORTH OF THE TRUE POINT OF BEGINNING;THENCE SOUTH 81.5 FEET TO THE TRUE POINT OF BEGINNING. Commonly known as: 1632 NORTH 3RD STREET, NYSSA, OR 97913 Both the Beneficiary, BANK OF AMERICA, N.A., and the Trustee, Nathan F. Smith, Esq., OSB #120112, have elected 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 pay: Failed to pay payments which became due Monthly Payment(s): 9 Monthly Payment(s) from 02/01/2023 to 10/26/2023 at $382.74 Monthly Late Charge(s): By this reason of said default the Beneficiary has declared all obligations secured by said Trust Deed immediately due and payable, said sums being the following, to-wit: The sum of $5,526.20 together with interest thereon at the rate of 9.00000% per annum from January 1, 2023 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 Trust Deed. Wherefore, notice is hereby given that, the undersigned Trustee will on March 4, 2024 at the hour of 01:00 PM, Standard of Time, as established by Section 187.110, Oregon Revised Statues, Main Entrance, Malheur County Courthouse, 251 B Street West, Vale, OR 97918 County of Malheur, 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 or 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 sale. 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 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” includes their respective successors in interest, if any. Dated: October 19,2023 By: Nathan F. Smith, Esq., OSB #120112 Successor Trustee Malcolm & Cisneros, A Law Corporation Attention: Nathan F. Smith, Esq., OSB #120112 c/o TRUSTEE CORPS 17100 Gillette Ave, Irvine, CA 92614 949-252-8300 Order Number 96866, Pub Dates: 11/1/2023, 11/8/2023, 11/15/2023, 11/22/2023, MALHEUR ENTERPRISE

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