Notice to Interested Persons
In the County Court of the State of Oregon for the County of Malheur. In the Matter of the Estate of Barbara Asumendi Case No. 6101. Notice is hereby given that Curtis G. Robertson and Lillena J. Borden have been appointed Personal Representatives of the above estate. All persons having claims against the estate are required to present them to the Personal Representatives at the office of their attorneys, Butler & Looney, P.C., 292 Main St. South, P.O. Box 430, Vale, Oregon 97918, within four months after the date of first publication of this Notice, or they may be barred. All persons whose rights may be affected by this proceeding may obtain additional information from the records of the Court, the Personal Representatives, or the attorneys for the Personal Representatives. DATED and first published January 29, 2020.
Publish Dates: January 29, 2020, and February 5 & 12, 2020.
PUBLIC NOTICE – Calico Resources USA Corporation – PUBLIC HEARING SCHEDULED
On November 15, 2019, Calico Resources USA Corporation, 665 Anderson Street, Winnemucca, NV 89445 (Calico) filed a Consolidated Permit Application under Oregon’s chemical process mining laws and regulations. Calico is proposing to construct an underground gold mine, surface mill complex, and tailings storage facility at Grassy Mountain, about 22 miles south-southeast of Vale in Malheur County.
State/Local Agency Contacts – Contacts for Oregon Department of Geology and Mineral Industries (DOGAMI), permitting and cooperating agencies, and local government responsible for land use approval include:
DOGAMI – 229 Broadalbin St SW, Albany OR 97321 – Sarah Lewis (541-967-2053)
Oregon Department of Environmental Quality (DEQ) – 475 Bellevue Dr NE Ste 110, Bend Oregon 97701 – Randy Jones (541-633-2032)
Oregon Department of State Lands (DSL) – 1645 Forbes Rd NE Ste 112, Bend OR 97701 – Bethany Harrington (541-388-6142)
Oregon Water Resources Department (WRD) – 725 Summer St NE Ste A, Salem OR 97301 – Phil Marcy (503-986-0844)
Oregon Department of Agriculture (ODA) – 635 Capitol St NE, Salem OR 97301 – Jim Johnson (503-986-4706)
Oregon Health Authority (OHA) – 500 Summer St NE E-20, Salem OR 97301 – TBD
Oregon Department of Fish & Wildlife (ODFW) – 3814 Clark Blvd, Ontario OR 97914 – Tom Segal (541-889-6975)
State Historic Preservation Office (SHPO) – 725 Summer St NE Ste C, Salem OR 97301 – Dennis Griffin (503-986-0674)
Malheur County – 251 B St West #12, Vale OR 97918 – Eric Evans (541-473-5185)
PUBLIC HEARING – In accordance with Oregon mining regulations under ORS 517 and OAR 632 Division 37, DOGAMI shall conduct a public hearing and accept written comments. The purpose of the hearing is to provide an opportunity for the public to comment as to whether the information contained in the consolidated application is complete and sufficient to allow the permitting agencies to determine whether to issue a permit. Any person who believes an application is incomplete due to a lack of quantity or quality shall clearly identify the sections of the application and the reasons such sections are incomplete.
A public hearing is scheduled for February 12, 2020 from 3:15-4:15pm at the Four Rivers Cultural Center, in the Malheur River Room, located at 676 SW 5th Ave, Ontario, OR 97914 (541-889-8191) to provide an opportunity for submitting comments in person.
In addition to the hearing, written comments will be accepted through February 12, 2020 at 5:00pm. Public comments can be e-mailed to [email protected] or mailed to DOGAMI, 229 Broadalbin Street, SW, Albany, OR 97321.
The Consolidated Permit Application is available for review on CD at Emma Humphrey Library, 150 A Street E, Vale, OR 97918 and Ontario Community Library, 388 SW 2nd Avenue, Ontario, OR 97914; or online at http://www.oregongeology.org/mlrr/chemicalprocess_Calico-GrassyMtn.htm. For additional information requests, please contact DOGAMI at 541-967-2083. Please note requests may be subject to DOGAMI’s Public Records Request policy.
Publish Dates: February 5 & 12, 2020
TRUSTEE’S NOTICE OF SALE
Reference is made to that certain trust deed made by Jerry Mizuta, David Mizuta, and Mizuta Farms, Inc. an Oregon corporation, as grantor, to AmeriTitle of Ontario, Oregon, as trustee, in favor of Farmers Supply Cooperative, an Oregon cooperative, as beneficiary, dated May 21, 2015, recorded August 23, 2016, in the mortgage records of Malheur County, Oregon, as Instrument No. 2016-2859, as revised by the partial reconveyances dated June 26, 2018, and recorded as Instrument 2018-2445 and dated September 13, 2018, and recorded as Instrument No. 2018-3471, all in the mortgage records of Malheur County, Oregon, and now, subject to those partial reconveyances, covering only the following-described real property:
Land in Malheur County, Oregon, as follows:
In Twp. 18 S., R. 47 E., W.M.:
Sec. 19: All that portion of the E½NW¼ lying North of the Owyhee Canal and lying West of the Boulevard Lateral.
ALSO that portion of the SE1/4NW1/4 of Sec. 19 lying South of the Owyhee Canal.
EXCEPTING THEREFROM the following parcel:
Beginning at a point on the South side of the said SE1/4NW1/4 of Sec. 19 which is 100 feet East of the Southwest corner thereof;
Thence North to a point where said line intersects with the Owyhee Canal of the Owyhee Ditch Company;
Thence Northwesterly following the line of the Owyhee Canal to a point where said ditch intersects the West line of the said SE1/4SW1/4;
Thence South to the Southwest corner thereof;
Thence East 100 feet, along the South line thereof, to the Point of Beginning.
FURTHER EXCEPTING that right of way as contained in Deed to Malheur Valley Railway Co., as recorded November 3, 1906, Book M, Page 361, affecting the North 100 feet.
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:
Failure to pay the entire balance of the principal and interest pursuant to the terms of the Trust Deed and Promissory Note, which bear a maturity date of December 31, 2015, said payment totaling the sum of $678,309.97 as of December 11, 2014, of which $575,928.88 is principal and $102,381.09 is interest, and interest on the unpaid balance at the rate of 1.0% per annum from the May 21, 2015, until December 31, 2015, and then interest at the rate of 18% per annum on the unpaid principal balance from the date of default (December 31, 2015) until paid. Since December 11, 2014, additional charges for fuel and card fee of $1,198.65 have been added to the principal balance. Since December 11, 2014, payments of $239,781.35, credit adjustments of $75,153.33, and equity recoups of $180,458.65 have been credited toward the principal balance and interest. At the time of the $239,781.35 payment by Grantors and upon assurance by Grantors that the remaining balance would be paid off, it was agreed an additional interest credit of $53,104.66 was to be given on August 24, 2018, and no further interest was to be charged from that date through December 31, 2018, in consideration for said assurances. When that balance was not paid off, on March 1, 2019, the Beneficiary added all the interest for 2018 back in, a total of $77,711.78. The principal balance due as of January 1, 2019, is $357,013.91 with interest from January 1, 2019, to November 6, 2019, of $54,402.54, for a total interest due on November 6, 2019, of $132,114.32 (including the 2018 interest). Further interest accrues from November 6, 2019, on the principal balance of $357,013.91 at the rate of 18.0% per annum, with the per diem interest amount being $176.06.
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 $357,013.91 with interest thereon of $132,114.32 through November 6, 2019, and accruing interest at the rate of 18% percent per annum from November 6 2019, until paid; 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 March 18, 2020, at the hour of two o’clock p.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: November 8, 2019.
Dustin A. Martinsen, Successor Trustee
Publish Dates: January 29, 2020, and February 5, 12, and 19, 2020