TRUSTEE’S NOTICE OF SALE
The Trust Deed being foreclosed is NOT a Residential Trust Deed as defined in ORS 86.705(6), and therefore is NOT subject to the resolution conference requirements imposed by ORS 86.726 through 86.748.
The Trust Deed to be foreclosed pursuant to Oregon law is referred to as follows (the “Trust Deed”):
1. TRUST DEED INFORMATION:
Grantor: Otis W. Smith
Trustee: First American Title Insurance Company
Successor Trustee: Craig G. Russillo
1211 SW 5th Avenue, Suite 1900
Portland, Oregon 97204
Beneficiary: TOC Holdings Co., a Washington corporation
Recording Date: September 26, 2008
Recording Reference: 20081703
County of Recording: Harney County
2. LEGAL DESCRIPTION OF PROPERTY (“the Property”):
A tract of land in the SE1/4NE1/4 of Sec. 23, Twp. 23 S., R 30 E., W.M., in the City of Hines, Harney County, Oregon, more particularly described as follows:
Beginning at a point which is 1455 feet South 27*20’50” West, 160 feet North 62*39’10” West and 100 feet North 27*20’50” East of the Initial Point of Tract 3, Stafford, Derbes & Roy Subdivision in the City of Hines;
thence North 27*20’50” East 225 feet;
thence South 62*39’10” East 67.14 feet to the East line of Sec. 23, said Township and Range;
thence South 0*15’50” West 116.11 feet to the West line of the Central Oregon Highway right of way;
thence South 27*20’50” West 121.61 feet;
thence North 62*39’10” West 120 feet to the point of beginning.
ALSO a tract of land in the W1/2NW1/4 of Sec. 24, Twp. 23 S., R 30 E., W.M. in the City of Hines, Harney County, Oregon, more particularly described as follows:
Beginning at a point which is South 27*20’50” West 416.37 feet from the intersection of the South line of Conley Avenue, Tract 3, Stafford, Derbes & Roy Subdivision in the City of Hines and the West line of the Central Oregon Highway;
thence South 27*20’50” West 77.0 feet, more or less, to a point on the West line of Sec. 24, said Township and Range;
thence North along the West line of Sec. 24, 86.47 feet;
thence South 62*39’10” East 39.37 feet to the point of beginning.
3. DEFAULT: The Grantor, or any other person owing an obligation, the performance of which is secured by the Trust Deed, is in default and the Beneficiary seeks to foreclose the Trust Deed. The default for which foreclosure is made is Grantor’s failure to do the following:
(a) Failure to pay the entire amount due under the note and trust deed on December 1, 2013, maturity date; and
(b) Failure to pay real property taxes.
4. AMOUNT DUE: By reason of the default just described, the Beneficiary has declared all sums owing on the obligation secured by the Trust Deed immediately due and payable, those sums being the following:
Principal balance of $66,756.31, together with unpaid interest of $4,895.44 through April 3, 2014, Trustee’s fees, attorney’s fees, costs of foreclosure and any sums advanced by the Beneficiary pursuant to the terms of the Trust Deed. Interest continues to accrue on the unpaid principal balance at the default rate of 18 per annum from April 4, 2014, until paid.
5. ELECTION TO SELL: The Beneficiary hereby elects to foreclose the Trust Deed by advertisement and sale as provided under ORS 86.705 to 86.815, and to cause the property to be sold at public auction to the highest bidder for cash, the Grantor’s interest in the described property which the Grantor had, or had the power to convey, at the time of the execution by the Grantor of the Trust Deed, together with any interest the Grantor or Grantor’s successor in interest acquired after the execution of the Trust Deed, to satisfy the obligations secured by the Trust Deed, including the expenses of the sale, compensation of the Trustee as provided by law and the reasonable fees of the Trustee’s attorneys.
6. DATE AND TIME OF SALE:
Date: August 26, 2014
Time: 10:00 A.M. (in accord with the standard of time established by ORS 187.110)
Location: Outside the main entrance of the Harney County Courthouse, 450 N. Buena Vista, Burns, OR 97720.
7. RIGHT TO REINSTATE: Any person named in ORS 86.778 has the right, at any time prior to five days before the Trustee conducts the sale, to have this foreclosure dismissed and the Trust Deed reinstated by doing all of the following:
a. 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;
b. curing any other default that is capable of being cured, by tendering the performance required under the obligation or Trust Deed; and
c. paying all costs and expenses actually incurred in enforcing the obligation and Trust Deed, together with the Trustee’s and attorney’s fees not exceeding the amount provided in ORS 86.778.
In constructing 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.
We are a debt collector attempting to collect a debt and any information we obtain will be used to collect the debt.
DATED: April 18, 2014.
/s/ Craig G. Russillo
Craig R. Russillo, Successor Trustee
Publish: July 2, 9, 16 and 23, 2014.
A special executive session of the Harney County Health District Board of Directors will be held at 4:00 p.m., Wednesday, July 23rd to discuss the CEO Annual Review per ORS 192.640(2) and 192.640(3) in the Hospital Administration Conference Room.
Publish: July 23, 2014.
CARD OF THANKS
My family and I would like to express our sincere appreciation to everyone who helped fight the fires that started on Sunday evening, the 13th, near mile post 43, on Highway 78.
The Interagency Fire Dispatch called back for confirmation on lightening strikes which hit multiple loctions. Accolades go to the Crane Volunteer Fire Department for their initial response. Neighbors, Jake Potter and Jim Kelly moved cows to the south side of the highway. What a relief! Many thanks go to Abe, Stacy, Tim and Bret Puckett for bringing their cat down to cut firebreaks. The interagency fire crews were diligent, while spread way too thin with the number of fires to respond to. Jon Reponen and the other fire bosses were patient with explanations and updates. The entire Harney Electric crew was out on different locations watching lines and poles for safety and continued service. The Harney County Sheriff’s deputies and the Oregon State Police responded immediately with landowner notifications of possible evacuations and patrols. My apologies if I have forgotten anyone.
The bottom line is that all these efforts saved our headquarters and the best of our pasture, as well as all of a neighbors’ pasture. The cat work saved another neighbors’ camp as well. My family, tenants and I feel blessed and realize that it could have been an entirely different story. Truly, at one point, I believed everything was lost.
Our thoughts and prayers go out to those who have lost more and those who are still dealing with the burn.
May God Bless Us ALL,
Barbara Cannady, Caroline Manock, Carol Tullis, Karen and Luke Starbuck and Darin Goertzen.
BC 7/23 1t
On August 1, 2014 Harney County Weed Control will be performing noxious weed control and fire protection spraying on the walking trail (old rail bed) from the South Egan Entrance to the Hotchkiss entrance. We do this in an effort to control the spread of noxious weeds from County maintained property/right-a-ways and to reduce the fire fuels along the path.
PLEASE NOTE, THE TRAIL WILL BE CLOSED ON THAT DAY.
HCWC 7/23 2t
The City of Burns is accepting letters from those interested in filling the unexpired portion of Boyce LaForest’s term on the City Council. The letter must express your reason for the interest in serving on city council. It is a requirement that you are a registered voter and have lived within the city limits of Burns for the past 12 months.
Letters must be received by August 6, 2014.
Please address your letters to:
Kraig Cutsforth, City Manager
Burns City Hall
242 S. Broadway
Burns, Oregon 97720
KC 7/16-7/23 2t
Any information on two “Sandy Anderson” saddles. One marked with a “TAF”, one with “SM”. Please contact Sheri. 541-589-3077.
SE 7/2-7/23 4t
We carry Whirlpool Appliances, including freezers.
We also sell water heaters.
70 S. Fairview
BE 1/10/07 TFN
24 HOUR CRISIS LINE: 541-573-7176. HHOPE offers free, confidential services for victims of physical, sexual and verbal abuse. Qualified staff, volunteers provide shelter, transportation and referrals with support and care.
HH 7/19/12 TFN
Cornerstone Counseling is available to all community members seeking individual, couples or family therapy in a private setting. Cash payment, credit or private insurance accepted. Call 541-589-1729 for an appointment.
SC 8/7 TFN
NEED FIRE STARTER? Stop by the Burns Times-Herald office (355 N. Broadway) on Tuesdays, and pick up bundles of paper before they go to recycling.
LOST AND FOUND
Found black dog 7/11/14. Call to identify. 541-493-2473.
CL 7/23 1t
Two wheels for four-wheelers were mistakenly switched at Les Schwab. One is black, and the other is gray. If you ended up with gray wheels, instead of the black one, call 541-589-9656.
DL 7/16-7/23 2t
Harney County School District #33 is seeking applicants for the Deputy Clerk position. For more information, including job description and application, please email the current clerk. Applications will be reviewed at the August 12th School Board meeting.
NM 7/23 1t
Looking for FT professional to assist in my office performing administrative tasks, daily reconciliation, data input, payroll and customer service. Computer and customer service experience necessary. Knowledge of Quick Books helpful. Call 541-573-2000 ask for Tracy.
TH 7/23-8/13 4t
Burns Paiute Tribe
Natural Resource Department
Position: Wildlife Habitat/Fisheries Technician
Open: Until filled.
Salary Range: $10.66- $13.00 an hour
Contact: Kerrie Opie 541-573-8013, Mon.- Thurs.
KO 6/4 TFN
Firewood for sale. Call 541-573-5030.
BR 1/8 TFN
Meadow Grass Hay. 700 tons. 3×4 bales. Seneca, Bear Valley, Oregon. $190 per ton. 541-542-2010.
96R 7/23-8/13 4t
Ranchers lower your freight cost. 300 ton quality grass hay, $200/ton. Prairie City, 541-377-5161.
BW 7/23 1t
Posts for sale. 3 and 4-inch, 8-foot treated pointed posts for $4.75 each. Fence stays $.50 each. Fuel tanks, 300 to 1,000 gallon. Used metal fence posts, $3 each. Call 503-798-6921 or 541-519-0571.
BH 4/2 TFN
Tree trimming. Best deals ever. Call 541-413-0887.
SJ 7/16-8/6 4t
Zieber Computer Repair / Tutoring
• Repairs, Maintenance, Sales, Parts
• Upgrades, Installations
• Personalized/Group Tutoring
• Senior Citizen Discount
“Now Offering Rentals!”
Microsoft Certified Professional (MCP) A+
JZ 1/12 TFN
MERCHANDISE FOR SALE
14 ft. square stern canoe & 3 hp folding Johnson motor with paddles. With trailer. 541-573-7689 .
RK 7/23 1t
REAL ESTATE FOR RENT
Two bedroom duplex with Valley View. Newly updated. Single car garage & patio. Call 541-573-7140 or 541-589-0085.
TC 7/16-7/23 2t
1 Studio apartment, 2 1 bedroom apartments. Phone: 541-589-2755.
PS 7/16-7/23 2t
1 bedroom apartments available. Close to shopping and library. Clean and affordable. Call Brian Johnson at 541-493-2522 for more information.
MB 9/25 TFN
2 bed, 1 bath, newer efficient home $425m + dep. fairly small but nice inside, vaulted ceiling, big windows. Electric heat. Background check req. Hines RV park 573-3220 or office at space #1. Available 4/20.
KM 4/16 TFN
REAL ESTATE FOR SALE
Super Hines location. Nice, simple 3 bedroom home. Lots of available parking. Move-in ready. Broker owner. Jo Stearns Real Estate. 541-620-4464.
JS 7/2-7/23 4t
1985 Alpenlite travel trailer. Old, but good condition. Clean. $3,800. 541-573-7671.
BM 7/23-8/13 2t
1979 AMCC Class C motor home. Trade for pickup or sale. 28” Roto tiller forward & reverse, $200. Call 541-508-6323.
MG 7/16-7/23 2t