TRUSTEE'S NOTICE OF SALE
Reference is made to that certain trust deed made by Gregg R. Austin and Rebecca A. Austin, husband and wife, as grantor, to Wallowa Title, an Oregon corporation, trustee, in favor of Washington Mutual Bank, as beneficiary, dated 11/03/98, recorded 11/09/98, in the mortgage records of Wallowa County, Oregon, as 9837222, covering the following described real property situated in said county and state, to wit:
Lots 12, 13, and 14, Block 3, Clairmont Addition to Wallowa, Oregon, as shown by the Plat thereof on file and of record in the Office of the County Clerk of Wallowa County, Oregon, in Book Q of Deeds, pages 27, 28, and 29, excepting therefrom the South 70 feet thereof. Together with an easement for ingress and egress along the Easterly 20 feet of Lot 14, Block 3, Clairmont Addition. The Property includes a 1998 24' x 48' manufactured home, Manufacturer Palm Harbor, Model 1048, Serial Number 2e75 (the "Manufactured Home"). The manufactured home is and shall remain installed on a foundation system as a fixture or improvement to the real estate consisting of the property and shall be permanently affixed to the real estate and not severed or removed therefrom without the prior written consent of the Beneficiary.
PROPERTY ADDRESS: 301 1/2 West 6th, Wallowa, OR 97885.
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 86.735(3); the default for which the foreclosure is made is grantor's failure to pay when due the following sums: monthly payments of $555.34 beginning 11/09/02; plus late charges of $27.77 each month beginning 11/24/02; plus prior accrued late charges of $0.00; plus advances of $697.25; together with title expense, costs, trustee's fees and attorney's fees incurred herein by reason of said default; any further sums advanced by the beneficiary for the protection of the above described real property and its interest therein; and prepayment penalties/premiums, if applicable.
By reason of said default the beneficiary has declared all sums owing on the obligation secured by the trust deed immediately due and payable, said sums being the following, to wit: $69,060.11 with interest thereon at the rate of 8.625 percent per annum beginning 10/09/02; plus late charges of $27.77 each month beginning 11/24/02 until paid; plus prior accrued late charges of $0.00; plus advances of $697.25; together with title expense, costs, trustee's fees and attorney's fees incurred herein by reason of said default; any further sums advanced by the beneficiary for the protection of the above described real property and its interest therein; and prepayment penalties/premiums, if applicable.
WHEREFORE, notice hereby is given that the undersigned trustee will on January 16, 2004 at the hour of 10:00 o'clock, a.m. in accord with the standard of time established by ORS 187.110, at the following place: inside the main lobby 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 described real property which the grantor had or had power to convey at the time of the execution by grantor of the trust deed, together with any interest which the grantor or grantor's 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 86.753 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 September 17, 2003
by Winston Khan
Services, PLLC was
formerly known as
Northwest Trustee Service, PLCC
(fka Northwest Trustee Services, LLC)
P. O. Box 4143
Bellevue, WA 98009-4143
File No. 7066.20426/Austin,
Gregg R. and Rebecca A.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
ON WRIT OF EXECUTION
By virtue of a Writ of Execution issued out of the Circuit Court of the State of Oregon for the County of Clackamas, in the case of Mary W. Johnson and Mary Ebel Johnson, P.C., plaintiffs, and John Dilworth and Jan Dilworth, defendants, Case No. CCV 00-08-573, together with written instructions, to me directed, commanding me to sell all of the right, title, interest and claim of the above named defendants in and to certain real property, on the 13th day of October, 2003, I levied on the defendants' right, title, interest and claim in and to the following described real property:
A tract of land situated in Sections 4 and 5, Township 2 North, Range 46 East of the Willamette Meridian in Wallowa County, Oregon, and more particularly described as Section 4: Lots 8, 9, 16, and the West 432 feet of Lots 7, 10, and 15; and Section 5: Lots 5, 12, and 13.
Notice is hereby given that I will on the 18th day of November, 2003 at 10:00 o'clock a.m., at the West steps of the Wallowa County courthouse, in Enterprise, Oregon, sell the right, title, interest and claim of the defendants in the above described real property subject to redemption as provided by law, to the highest bidder for cash, in hand, at public auction.
SALE WILL BE SUBJECT TO ANY AND ALL PRIOR LIENS.
Fred Steen, Sheriff
By: Ava Skillings,
NOTICE OF WATER RIGHT TRANSFER 8805
James A. Smejkal filed an application with the Water Resources Department for changes in point of diversion, place of use and type of use of water as provided by ORS 541.510 to 540.530.
Certificate 72349, in the name of Chamberlain Ditch Co., includes a right limited to 1.50 acre feet per acre during any period of 30 days prior to July 31 of each year, and thereafter not to exceed 1 acre foot per acre during the entire remainder of the irrigation season.
The point of diversion for this right is in the Chamberlain Ditch: SE1/4SW1/4, SECTION 22, T 1 N, R 42 E, WM;
The applicant proposes to change the type of use to: POND MAINTENANCE UNDER PERMIT R-12606.
The applicant also proposes to change the point of diversion to : NE1/4SW1/4, SECTION 31, T 2 N, R 42 E, WM; 1147' S AND 662' W FROM THE CENTER 1/4 CORNER, SECTION 31.
The applicant further proposes to change the place of use to: TAX LOT 3701, SW1/4SW1/4, SECTION 31, T 2 N, R 42, E, W.M.
Protests may be filed by persons who think their water right may be injured by these changes. Additional information or forms and rules for filing protests are available from the Water Resources Department by calling 503-986-0900. If a protest is filed a hearing may be held.
The last date of publication is Nov. 6, 2003. IF NO PROTEST IS FILED BY DEC. 6, 2003, THE CHANGE MAY BE APPROVED WITHOUT A HEARING.
The City of Joseph, at the request of Glenn Franz, will be considering an amendment to the City of Joseph Zoning Ordinance. The request is to add Medical Hardship Dwellings as a condition use to both R1 and R2 zones. Medical Hardship Dwelling would consist of one accessory dwelling in conjunction with an existing dwelling for the term of a medical hardship suffered by the resident or an immediate relative requiring care.
The first public hearing will be held Tuesday, November 4, 2003 at Joseph City Hall. Those with an interest are welcome to attend and place your testimony on record. The City of Joseph is an equal opportunity employer and provider.
W. Kevin Warnock