NOTICE OF TRUSTEE'S SALE
A default has occurred under the terms of a trust deed made by Larry Allen Miller, as grantor to Wallowa Title Company (First American Title), as Trustee, in favor of Indymac Mortgage Holdings, Inc., as Beneficiary, dated May 21,1999, recorded May 26,1999, in the mortgage records of Wallowa County, Oregon, as Instrument No. 99-38814, beneficial interest having been assigned to State Street Bank & Trust Co., as covering the following described real property:
Township 1 South, Range 43 East of the Willamette Meridian, Wallowa County, Oregon. Section 8: the East Half of Lot 15, EXCEPT the East 2 rods thereof
COMMONLY KNOWN AS: 77745 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 grantors
Failure to pay when due the following sums:
Monthly payments in the sum of $1,377.54, from November 1, 2003, and monthly payments in the sum of $1,355.60, from February 1, 2004, together with all costs, disbursements and/or fees incurred or paid by the beneficiary and/or trustee, their employees, agents or assigns.
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 sum being the following, to-wit:
$151,010.32, together with interest thereon at the rate of 7.625 percent per annum from October 1, 2003, together with all costs, disbursements, and/or fees incurred or paid by the beneficiary and/or trustee, their employees, agents or assigns.
WHEREFORE, notice hereby is given that the undersigned trustee will on December 15, 2004, at the hour of 11:00 a.m., in accord with the standard time established by ORS 187.110, at the main entrance of the Wallowa County Courthouse, located at 101 S. 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 has or had power to convey at the time of the execution of 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 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 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 obligations 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 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 said trust deed, and the words "trustee" and "beneficiary" include their respective successors in interest, if any.
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 property is in default. This shall serve as notice that the beneficiary shall be conducting property inspections on the said referenced property.
The Fair Debt Collection Practice 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. 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.
By: KELLY K
SHIPIRO AND SUTHERLAND, LLC
12500 SE 2nd Circle,
Vancouver, WA 98684
Telephone: (360) 260-2253
Lender Loan # 5942834770
The City of Joseph will be having a public hearing on Tuesday, October 6, 2004, Joseph City Hall for the purpose of consideration of ordinance 2004-08;
an Ordinance vacating a portion of Russell Street running north and South between blocks 14 & 18 2S4530DD and Blocks 15 & 17, 2S4530DC of the Riverside Addition to the City of Joseph. Those interested are welcome to attend and place their testimony on record.
W. Kevin Warnock, Mayor
CALL FOR BIDS
19,000 Ton 1" minus at the Akers Pit located 10 miles north of Wallowa on the Promise Road. 6,500 Ton's 3" minus 6,500 Ton 3/4 minus 250 Ton Stockpile A 3,200 Ton Stockpile B 1,500 Ton Stockpile B 4,800 Stockpile C
Wallowa County is seeking Rock Crush bids.
Sealed bids will be received by Sandy Lathrop, Executive Assistant for the Wallowa County Board of Commissioners, until 3:00 p.m. on September 30, 2004. Bids will be opened for review at 3:15 p.m. on that day and will be presented to the Board of Commissioners for consideration of award on October 1, 2004 at 8:05 a.m.
YOUR BIDS MUST BE SUBMITTED IN A SEALED ENVELOPE ADDRESSED TO THE WALLOWA COUNTY BOARD OF COMMISSIONERS, 101 S. RIVER ST., RM 202, ENTERPRISE, OR 97828, AND SHOULD BE CLEARLY MARKED ON THE OUTSIDE OF THE ENVELOPE "BIDS FOR ROCK CRUSHING - TO BE OPENED SEPTEMBER 30, 2004 AT 3:15 P.M."
NO BIDS WILL BE ACCEPTED BY FACSIMILE OR ELECTRONIC DATA INTERCHANGE.
Said crushing and stockpiling is to be completed in 90 working days from the contract beginning date which will be established at a pre-construction conference. Complete specifications may be obtained at the Wallowa County Public Works at 619 Marr Pond Lane, Enterprise, OR 97828 or by calling 541-426-3332.
Wallowa County reserves the right to reject any and all bids not in compliance with all prescribed public bidding procedures and requirements. Wallowa County further reserves the right to reject for good cause any/or all bids upon finding of the agency that it is in the best interest to do so.
The Wallowa County Health Care District Board of Directors will hold its regular board meeting on Monday, September 27, 2004 at 11:30 a.m., in the Human Resource Room at Wallowa Memorial hospital.
A copy of the Board agenda will be available from the office of the Wallowa County Chieftain, KWVR or the Administrative Offices at Wallowa Memorial Hospital.
This meeting is open to the public.