TRUSTEE'S NOTICE OF SALE
The Fair Debt Collection Practices Act Requires that we state the following: This is an attempt to collect a debt and any information obtained will be used for that purpose.
Reference is made to that Certain trust deed made by ARNILDO J. UPPIANO and BARBARA UPPIANO, husband and wife, as Grantors, to CITIZENS TITLE & ESCROW SERVICE, INC., as trustee, in favor of HOPKINS GROWTH FUND, LLC, as beneficiary, dated December 16, 1999, recorded December 17, 1999, in the records of Malheur County, Oregon, as instrument No. 99-40228, covering the following described real property situated in said county and state to wit: Township 1 South, Range 43 East, of the Willamette Meridian, Wallowa County, Oregon. Section 16: N1/2 S1/2, all that part of the NW 1/4 which lies South and West of the West Side Ditch. TOGETHER WITH an easement as reserved in Book H of Contracts, page 416 over and across the East half of Lot 15 of Section 8, and the East half of Section 17, Township 1 South, Range 43 East, of the Willamette Meridian, as the same connects with the county road, as the same is located over and across Lots 9 and 10 of said Section 8 as the same is described in Commissioners Journal Book A, page 213. PROPERTY ADDRESS: 77546 Harley Road, Lostine OR 97857.
Both the beneficiary and the 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 86.735(3); the default for which the foreclosure is made is grantor's failure to pay when due the following sums: monthly payments of $2,026.36 beginning March 10, 2002; plus impound fees of $5.00 each month beginning March 10, 2002; plus late charges of $81.05 each month beginning March 10, 2002; together with title expenses, costs, trustee's and attorney's fees incurred herein by reason of said default; and annual property taxes for the 2001-2002 tax year.
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: $195,288.98, plus interest at the rate of 12 percent per annum from February 12, 2002; plus impound fees of $5.00 each month beginning March 10, 2002; plus late charges of $81.05 each month beginning March 10, 2002; together with title expenses, costs, trustee's and attorney's fees incurred herein by reason of said default; and any further sums advanced by the beneficiary for the protection of the above described property and its interest therein.
WHEREFORE, notice hereby is given that the undersigned trustee will on January 13, 2002, at the hour of 9:00 o'clock, a.m., in accord with the standard of time established by ORS 187.110, at the following place: on the front steps of the Wallowa County Courthouse, 101 South River Street, in the City of Enterprise, County of Wallowa, 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 grantor of the said trust deed, together with any interest which the grantor or grantor's successors in interest acquired after the execution of said trust dee, 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 86.753 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 tendering 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 said ORS 86.753.
In construing this notice, 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. Dated this July 30, 2002.
For further information, please contact Michael W. Horton, Stunz, Fonda, Kiyuna & Horton, LLP, PO Box 1565, Nyssa, Oregon 97913, telephone (541)372-2268.
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF WALLOWA
In the Matter of the Estate of BEATRICE R. MARKS, deceased.
Case No. 2785
NOTICE TO INTERESTED PERSONS
NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the above estate.
All persons having claims against the estate are required to present them to the undersigned personal representative, c/o Mark Tipperman, 105 Fir Street, Suite 204, LaGrande, OR 97850, within four (4) months after the date of first publication of this notice or the same may be barred.
All persons whose rights may be affected by the proceeding are advised that additional information may be obtained from the records of the court, the personal representative, or the attorney for the personal representative.
Dated and first published November 7, 2002.
Attorney for the Personal Representative
105 Fir Street, Suite 204
LaGrande, OR 97850
Notice is hereby given of a regular meeting to be held by the Wallowa County Planning Commission on Tuesday, November 26, 2002 at 7 p.m. in the Courtroom of the Wallowa County Courthouse. The agenda for this meeting will include:
Conditional Use Permits:
Steen Conditional Use Permits CUP#02-12 and 14. Proposal to create two non-farm dwellings per House Bill 3326 on parcels created by LP#02-16.
Steen Land Partition LP#02-16. Proposal to create two non-farm parcels in the Exclusive Farm Use Zone of approximately 10 acres per House Bill 3326, leaving a remainder parcel of about 300 acres.
CONTINUED FROM SEPTEMBER:
Comrie Variance VAR#02-06. Consider a request for an "area variance" with respect to site preparation for an access road, residential development, accessory building, and parking and turnaround areas, specifically to substitute a 1 to 1 slope for the usual requirements of 2 to 1. The property description is Township 3 South, Range 45, Section 5BC, tax lot 207, and consists of approximately 2.6 acres.
Report on Oct. 2-4, Oregon Planning Institute and discussion of workshops and issues.
Minutes: For the commission meeting of October 28, 2002.
The December Planning Commission meeting will be December 31, 2002.
These matters will be reviewed for conformance to the Wallowa County Land Development Ordinances and any other applicable goal, regulation or ordinance of Wallowa County or the State of Oregon. Applications may be reviewed in the Planning Department. Written comments must be received by the Wallowa County Planning Department - 101 S. River St., Room B-1, Enterprise, OR 97828 - by 5 p.m. on Monday, November 25, 2002. Oral comments may be given at the time of the hearing which is open to the public.
Floyd Hoofard, Chairman
Wallowa County Planning Commission
The City of Joseph hereby gives notice of a public hearing to consider the request of Robert Dawson for a conditional use permit to construct a professional photo studio, publishing business and home in the Industrial Zone located at 811 Russell Lane; 2S4530, Tax Lot 605.
Following are the specific criteria which will be applied to this application. Zoning ordinance Sections 1.020; 1.030; 1.040; 1.050; 3.100; 3.110; 3.120; 4.080; 4.090; 6.010; 6.020; 6.040; 6.050; 10.030; 10.050; 10.060; 10.070. All land use applications are subject to the general ordinance requirements contained as in Article 10.
THE HEARING WILL COMMENCE ON TUESDAY, December 3, 2002 at 7:00 p.m. at Joseph City Hall. Those with an interest in the application are invited to appear at the hearing and place their testimony on record for council deliberation. Written testimony will be taken up to the time of the hearing. Failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to the issue precludes an appeal to the Land Use Board of Appeals based on that issue.
W. Kevin Warnock