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 grantor's 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
All Wallowa School District No. 12 policies and personnel policies are available to the general public at the district office located in the elementary building from 8:00 a.m. to 4:00 p.m. Monday through Friday.
Wallowa School District Board of Directors meets the second Monday of each month at 7:00 p.m. in the high school library. Patrons of the district are welcome to attend.
Wallowa County ESD - Region 18 Board meeting will be held September 20, 2004 at 5:00 pm in the ESD Conference Room.
CALL FOR BIDS
The Wallowa County Sheriff's Office is seeking bids for:
1985 GMC PU, VIN #1GTGC24MBFJ515975, Lic#E157153
Sealed bids will be received by Sandy Lathrop, Executive Assistant for the Wallowa County Board of Commissioners until 3:00 p.m. on Friday, September 17, 2004, and will be considered for award at 9:00 a.m. on Monday, September 20, 2004.
YOUR BID 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 MUST BE CLEARLY MARKED ON THE OUTSIDE OF THE ENVELOPE "BID FOR VEHICLE - TO BE OPENED AT 3:30 P.M. ON SEPTEMBER 17, 2004."
Descriptions of items for bid may be obtained in Sandy Lathrop's office at the Wallowa County Board of Commissioners, Room 202, of the Wallowa County Courthouse, or by calling 541-426-4543, ex.11. NO BIDS WILL BE ACCEPTED BY FACSIMILE OR ELECTRONIC DATA INTERCHANGE.
Wallowa County reserves the right to reject any and all bids not in compliance with all prescribed public procedures and requirements. Wallowa County further reserves the right to reject for good cause any and all bids upon finding of thee agency that it is in the best interest to do so.
Notice is hereby given of a regular meeting to be held by the Wallowa County Planning Commission on Tuesday, September 28th at 7 p.m. in the Courtroom of the Wallowa County Courthouse. The agenda for this meeting will include:
K & B Limited family Partnership ZP#04-44 Continued for review of draft Findings and possible Decision - Proposal to establish one single family dwelling on the "Marr Ranch" property within the City of Joseph Urban Growth Area. The property is described as Township 3 South and 2 South, Range 45, Sections 31 -32 - and 5, Tax Lots 9300 and 200 and will be accessed via the Joseph-Wallowa Lake State Highway 351.
Kaden ZP#04-64 & VAR#04-02 Findings - Request to allow the creation of one single family dwelling on a substandard size lot of 5000 sq. ft. in the South Wallowa Lake Resort Residential (R-3) zone. The property description is 3 South, Range 45, Section 29aa, Tax Lot #600.
Kable/Whitcomb ZP#04-80 VAR#04- Request to allow the creation of a single family dwelling on a substandard size lot of 50'x100' in the South Wallowa Lake Resort Residential (R-3) zone. The property description is 3 South, Range 45, Section 29aa, Tax Lot #1003.
Roache CUP#04-16- Request to establish six primitive camping sites with small fire pits, one 12'x16' bath house consisting of four toilets/ two showers/ and four wash basins to provide for twenty-four (24) maximum occupants, and off-road parking for a maximum of fourteen (14) vehicles with a U-shaped access. The property is located at 83490 Joseph Highway between Enterprise and Joseph.
Second hearing for a review of findings on a proposed major amendment to the Wallowa County Comprehensive Land Use Plan and Implementing Ordinance Articles to extend the expiration date for all dwelling permits from the present two years and one year extension to four years plus a one-time two year extension to make Wallowa County's rules consistent with State law for farm and forest dwellings and to apply the same expiration date to all dwelling permits.
Minutes: For the Planning Commission meeting of August 31, 2004.
The October Planning Commission meeting is scheduled for October 26, 2004.
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 6 p.m. on Monday, September 27, 2004. This meeting is open to the public. Those interested in attending are encouraged to do so. For persons with disabilities that wish to attend, please call at least 24 hours before the meeting so accommodations may be made. For questions, please contact the Wallowa County Planning Department's office at 426-4543, ex.24.
Rick Hanson, Chairman Wallowa County Planning Commission