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Milwaukie

Trustee Notice

FHA # 4313318864 TS#14-12967-25  NOTICE OF DEFAULT AND FORECLOSURE SALE  WHEREAS, on 04/03/1999, a certain (Deed of Trust) was executed by Evelyn B. Alexander, as Trustor,  in favor of  Norwest Mortgage, Inc., as Beneficiary, and First American Title Insurance Company of Oregon, as Trustee and was Recorded on 4/9/1999 as Instrument No. 99-036031, in the office of the Clackamas County, Oregon Recorder, and  WHEREAS, the Deed of Trust was insured by the UNITED STATES SECRETARY OF HOUSING AND URBAN DEVELOPMENT,  (the Secretary) pursuant to the National Housing Act for the purpose of providing single family housing; and  WHEREAS, the beneficial interest in the Deed of Trust is now owned by the Secretary, pursuant to an assignment recorded on 7/26/2010, as Instrument # 2010-044563 in the office of the Clackamas County, Oregon Recorder, and WHEREAS, a default has been made by reason of failure to pay all sums due under the Deed of Trust, pursuant to Paragraph 9 Subsection (i) of said deed of Trust and                        WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Deed of Trust to be immediately due and payable,  NOW THEREFORE, pursuant to power vesting in me by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR part 27, subpart B, and by the Secretary’s designation of us as Foreclosure Commissioner” notice is hereby given that on  9/10/2014 at 10:00 a.m.  local time, all real and personal property at or used in connection with following described premises (“Property”) will be sold at public auction to the highest bidder:   Commonly known as: 15390 SE La Bonita Way, Milwaukie, OR 97267  APN: 22E07BC08600 More thoroughly described as:  Lot 6, Block 2, Clarks’s Crest, In the County of Clackamas, State of Oregon. The sale will be held at the following location:  At the arbor closest to Main Street in the courtyard  directly north of the Clackamas County Courthouse, 807 Main Street, Oregon City, OR 97045. Per The Secretary of Housing and Urban Development the estimated opening bid will be $163,621.46. There will be no pro-ration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before the closing, his prorate share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale. When making a bid, all bidders except the Secretary must submit a deposit totaling ten percent (10%) of the Secretary’s estimated bid amount, in the form of a cashier’s check made payable to the Foreclosure Commissioner Cimarron Trustee Services.  Each oral bid need not be accompanied by a deposit.  If the successful bid is an oral, a deposit of $16,362.14 must be presented before the bidding is closed.  The deposit is nonrefundable.  The remainder of the purchase price must be delivered within 30 days of the sale or at such time as the Secretary may determine for good cause shown, time being of the essence.  This amount, like the bid deposits, must be delivered in the form of a cashier’s or certified check.  If the Secretary is the high bidder, he need not pay the bid amount in cash.  The successful bidder will pay all conveyancing fees, all real estate and other taxes that are due on or after the delivery of the remainder of the payment and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them.  The Secretary may grant an extension of time with which to deliver the remainder of the payment.  All extensions will be fore 9-day increments for a fee of $600.00 paid in advance.  The extension fee shall be in the form of certified or cashier’s check made payable to the commissioner.  If the high bidder closed the sale prior to the expiration period, the unused portion of the extension fee shall be applied toward the amount due.  If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the Foreclosure Commissioner after consultation with the HUD Field Office representative, will be liable to HUD for any costs incurred as a result of such failure.  The Commissioner may, at the direction of HUD Field Office Representative, offer the property to the second highest bidder to an amount equal to the highest price offered by that bidder. There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act.   Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as proved herein HUD does not guarantee that the property will be vacant.  The amount that must be paid by the Mortgagor, to stop the sale prior to the scheduled sale date is $163,446.46 as of 9/09/2014, PLUS all other amounts that are due under the mortgage agreement.            Plus advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner’s attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents.  Plus a commission for the Foreclosure commissioner and all other costs incurred in the connection with the foreclosure prior to reinstatement. Date: April 25, 2014 FORECLOSURE COMMISSIONER:  CIMARRON SERVICE CORP, of NEVADA 425 Mechem Drive Ruidoso, NM 88345 Telephone No. (575) 808-8394 Facsimile No.  (575) 808-8397 CATHEY E. LATNER, Vice President P1103684 8/13, 8/20, 08/27/2014 CNI5342SP

DISPOSITION OF UNCLAIMED PROPERTY

NOTICE OF DISPOSITION OF UNCLAIMED PROPERTY
MILWAUKIE POLICE DEPARTMENT
MILWAUKIE, OREGON

As provided by ORS chapter 98,  notice is hereby given of the intent of the Milwaukie Police Department to dispose of unclaimed property.  Any persons having interest in the property may make claim, by showing legal ownership to said property.  The property will be available for identification on the 8th of September 2014 by appointment from 10:00 am – 1:00 pm at the Public Safety Building, 3200 SE Harrison St, Milwaukie, Oregon. Please call (503) 786-7430 to make an appointment.  A general description of the property is as follows:
bicycles, jewelry, backpacks computer equipment, tools, misc. electronics, misc clothing and other articles.
Publish 08/06/2014.                                            CLK13154

NOTICE OF ELECTION

NOTICE OF ELECTION

The City of Milwaukie is accepting petitions for City Council positions.  There will be the position of Mayor and City Councilor positions 2 and 4 on the ballot at the November 4, 2014 General Election.  All positions are for four-year terms that begin January 2015 and expire at the end of 2018.  The City Elections Officer will accept nomination papers comprising a petition between July 25, 2014 and August 26, 2014.  The candidate elected will be required to take an oath of office.  To file for candidacy, one must be a qualified elector of the State of Oregon and resident of Milwaukie for six (6) months prior to the election, or since May 4, 2014.  All Council positions are non-partisan and at-large.  There is a petition process that the City elections officer would gladly discuss with interested persons. For additional information, contact Pat DuVal by phone 503.786.7502 or email duvalp@milwaukieoregon.gov.
Publish 07/30/2014.                                            CLK13153

NOTICE OF PUBLIC HEARING

click to view Milwaukie narrative and budget

Publish 06/11/2014. CLK13120

Trustee Notice

Trustee Sale No. OR01000005-14 APN 00021700 E36AA09200 Title Order No 8429630 TRUSTEE’S NOTICE OF SALE Reference is made to that certain Trust Deed made by, JAMES J. HOWARD AND STACY L. HOWARD, AS TENANTS BY THE ENTIRETY as Grantor to KEY TITLE CO. as Trustee, in favor of GMAC MORTGAGE CORPORATION DBA DITECH.COM as original Beneficiary, recorded October 4, 2000 as Instrument No. 2000-064939 of official records in the Office of the Recorder of Clackamas, Oregon, covering the following described real property situated in the above-mentioned county and state, to wit: LOT 31 AND 32, BLOCK 71, MINTHORN ADDITION TO THE CITY OF PORTLAND. AS MORE FULLY DESCRIBED ON SAID DEED OF TRUST AND ALL RELATED LOAN DOCUMENTS Commonly known as: 3819 SOUTHEAST WASHINGTON STREET, MILWAUKIE, OR 97222 APN: 00021700 E36AA09200 Both the Beneficiary and the Trustee have elected to sell the said real property to satisfy the obligations secured by said Trust Deed and notice has been recorded pursuant to Section 86.735(3) of Oregon Revised Statutes. The default for which the foreclosure is made is the Grantor’s failure to pay: THE INSTALLMENT OF PRINCIPAL AND INTEREST WHICH BECAME DUE ON October 1, 2004 AND ALL SUBSEQUENT INSTALLMENTS, ALONG WITH LATE CHARGES, PLUS FORECLOSURE COSTS AND LEGAL FEES, IN ADDITION TO ALL OF THE TERMS AND CONDITIONS AS PER THE DEED OF TRUST, PROMISSORY NOTE AND ALL RELATED LOAN DOCUMENTS. Monthly Payment $258.37 Monthly Late Charge $12.92 By this reason of said default the Beneficiary has declared all obligations secured by said Trust Deed immediately due and payable, said sums being the following, to-wit: The sum of $16,055.43 together with interest thereon at the rate of 15.99000% per annum from September 1, 2004 until paid; plus all accrued late charges thereon; and all Trustee’s fees, foreclosure costs and any sums advanced by the Beneficiary pursuant to the terms of said Trust Deed. Wherefore, notice hereby is given that, the undersigned Trustee will on August 29, 2014 at the hour of 10:00 AM, Standard of Time, as established by Section 187.110, Oregon Revised Statues, at the arbor closest to Main Street in the courtyard directly north of the Clackamas County Courthouse, 807 Main Street, Oregon City, OR 97045 County of Clackamas, 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 him of the 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 Section 86.753 of Oregon Revised Statutes has the right to have the foreclosure proceeding dismissed and the Trust Deed reinstated by payment to the Beneficiary of the entire amount then due (other than such portion of said principal as would not then be due had no default occurred), together with the costs, Trustee’s or attorney’s fees and curing any other default complained of in the Notice of Default by tendering the performance required under the obligation or Trust Deed, at any time prior to five days before the date last set for sale. In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word “Grantor” includes any successor in interest to the Grantor as well as any other persons owing an obligation, the performance of which is secured by said Trust Deed, the words “Trustee” and “Beneficiary” includes their respective successors in interest, if any. Dated: April 21, 2014 First American Title Insurance Company By: CINDY ENGEL, AUTHORIZED SIGNOR First American Title Insurance Company c/o TRUSTEE CORPS 17100 Gillette Ave Irvine, CA 92614 949-252-8300 SALE INFORMATION CAN BE OBTAINED ON LINE AT www.priorityposting.com FOR AUTOMATED SALES INFORMATION PLEASE CALL: Priority Posting and Publishing at 714-573-1965 THIS COMMUNICATION MAY BE FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. P1091817 4/30, 5/7, 5/14, 05/21/2014 CNI5337SP

Trustee Notice

TS No OR05000045-13-1 APN 00294880/21E13BB00500 TO No 8391248 TRUSTEE’S NOTICE OF SALE   Reference is made to that certain Trust Deed made by, Cleo M Fawver as Grantor to FIRST AMERICAN TITLE INSURANCE COMPANY as trustee, in favor of SEATTLE MORTGAGE COMPANY as Beneficiary and recorded on July 26, 1996 as Instrument No. 96-054310 of official records in the Office of the Recorder of Clackamas County, Oregon to-wit: APN: 00294880/21E13BB00500 LOT 3, RIVEROAKS NO.2, IN THE COUNTY OF CLACKAMAS AND STATE OF OREGON Commonly known as: 2381 Southeast Juniper Drive, Milwaukie OR 97267 Both the Beneficiary and the Trustee have elected to sell the said real property to satisfy the obligations secured by said Trust Deed and notice has been recorded pursuant to Section 86.735(3) of Oregon Revised Statutes. The default for which the foreclosure is made is the Grantor’s failure to pay:  failed to pay the balance of the principal sum which became due when the borrower dies and the Property is not the principal residence of at least one surviving borrower.  By this reason of said default the Beneficiary has declared all obligations secured by said Trust Deed immediately due and payable, said sums being the following, to-wit: The sum of $279,462.67 together with interest thereon at the rate of 3.84800% per annum from November 30, 2010 until paid; plus all accrued late charges thereon; and all Trustee’s fees, foreclosure costs and any sums advanced by the Beneficiary pursuant to the terms of said Trust Deed. Wherefore, notice hereby is given that, the undersigned Trustee will on August 29, 2014 at the hour of 10:00 AM, Standard of Time, as established by Section 187.110, Oregon Revised Statues, at the arbor closest to Main Street in the courtyard directly north of the Clackamas County Courthouse, 807 Main Street, Oregon City, OR 97045 County of Clackamas, 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 him of the 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 Section 86.753 of Oregon Revised Statutes has the right to have the foreclosure proceeding dismissed and the Trust Deed reinstated by payment to the Beneficiary of the entire amount then due (other than such portion of said principal as would not then be due had no default occurred), together with the costs, Trustee’s or attorney’s fees and curing any other default complained of in the Notice of Default by tendering the performance required under the obligation or Trust Deed, at any time prior to five days before the date last set for sale.   In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word “Grantor” includes any successor in interest to the Grantor as well as any other persons owing an obligation, the performance of which is secured by said Trust Deed, the words “Trustee” and “Beneficiary” includes their respective successors in interest, if any. Dated: April 22, 2014 First American Tittle Insurance Company By: CINDY ENGEL, AUTHORIZED SIGNOR Authorized Signatory First American Title Insurance Company c/o TRUSTEE CORPS 17100 GILLETTE AVENUE IRVINE, CA 92614 949-252-8300  SALE INFORMATION CAN BE OBTAINED ON LINE AT www.priorityposting.com FOR AUTOMATED SALES INFORMATION PLEASE CALL: Priority Posting and Publishing at 714-573-1965 THIS COMMUNICATION MAY BE FROM A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. P1091796 4/30, 5/7, 5/14, 05/21/2014 CNI5336SP

Proposed Issuance of a No Further Action Determination

Proposed Issuance of a No Further Action Determination
and Removal from the Confirmed Release List for the Former Hanna Car Wash Facility in Milwaukie

Comments due: 5 p.m., Friday, May 30, 2014

Project location: 9850 SE Main Street, Milwaukie, OR

Proposal: The Oregon Department of Environmental Quality (DEQ) seeks comments on its proposal to issue a no further action determination for the former Hanna Car Wash International – North Parcel facility (Hanna North). In addition DEQ is seeking comments on removing the facility from the Confirmed Release List.

Highlights: The Hanna North site was previously home to Hanna Car Wash International, a manufacturer of parts used for automated car wash facilities from approximately the early 1960’s to February 2001. The former car wash parts operation included the subject property and another facility directly south (Hanna Car Wash International, South Parcel, ECSI #3133). DEQ issued a No Further Action (NFA) determination for the Hanna South Parcel in October 2001.

In October 1991 DEQ added the Hanna North site to the Environmental Cleanup Site Information database (ECSI) as site number #1114, based on information provided in reports that year. In June of 1997 DEQ added the site to the Confirmed Release List (CRL) based on detailed soil and shallow groundwater data from drum storage and manufacturing operational areas.

Between 1991 and summer of 2013, several assessments, site investigations and remedial actions were completed on the Hanna North property to assess releases of metals and petroleum hydrocarbons during past industrial activities. In 2000 several soil removal actions were implemented on the property to remove environmental contamination. The 2000 remedial work included demolition of a former structure that housed plating, galvanizing and paint operations and removal of residual wastes from that area. Additional groundwater sampling and an investigation of a former aluminum foundry in the main building were completed in 2012 and 2013. A detailed description of site work is provided in DEQ’s Closure Memorandum for the site that can be accessed as described below.

Based on the results of the completed remedial actions and follow-up investigations DEQ concludes that the site does not pose an unacceptable risk to human health or the environment and that no further remedial action is required. Based on the investigation findings, DEQ is also proposing that the site be removed from the CRL.

How to comment: Send comments by 5 p.m., Friday, May 30, 2014 to DEQ Project Manager Chuck Harman at DEQ’s Northwest Region Office at 2020 SW Fourth Ave., Suite 400, Portland, OR 97201, harman.charles@deq.state.or.us, or fax to 503-229-6899

To review the project file, call Dawn Weinberger at 503-229-6729 for an appointment.

To access site summary information and other documents in DEQ’s Environmental Cleanup Site Information database, go to www.deq.state.or.us/lq/ECSI/ecsi.htm, select “Search complete ECSI database” then enter ‘1114’ in the Site ID box and click “Submit” at the bottom of the page. Next, click the link labeled ‘1114’ in the Site ID/Info column.

The next step: The DEQ project manager will review all comments received and determine if a no further action determination and CRL delisting are appropriate. If DEQ receives no comments that warrant delaying a no further action decision, DEQ will issue a final letter confirming the decision.

Accessibility information: DEQ is committed to accommodating people with disabilities. Please notify DEQ of any special physical or language accommodations or if you need information in large print, Braille or another format. To make these arrangements, contact DEQ Communications and Outreach, 503-229-5696 or toll free in Oregon at 800-452-4011; fax to 503-229-6762; or email to deqinfo@deq.state.or.us.

People with hearing impairments may call 711.
Publish 04/30/2014. CLK13054

NOTICE OF PUBLIC HEARING

NOTICE OF PUBLIC HEARING
FOR PROPOSED USE OF STATE REVENUE SHARING FUNDS
For the 2015-2016 Budget Biennium
A public hearing for the proposed use of the City of Milwaukie’s State Revenue Sharing Funds for the 2015-2016 biennium will be held during the Budget Committee Meeting on April 24, 2014, at 6:00 p.m. at Milwaukie City Council Chambers on 10722 SE Main Street, Milwaukie, Oregon 97222. It is estimated that the funds available from State Revenue Sharing will be approximately $220,500 for each fiscal year of the biennium and are being proposed to be used as General Fund revenues for General Fund operations. The purpose of the hearing is to provide the public with an opportunity to suggest ideas for the use of these funds.
Publish 04/09/2014. CLK13045

NOTICE OF BUDGET COMMITTEE MEETING

NOTICE OF BUDGET COMMITTEE MEETING

A public meeting of the Budget Committee of the City of Milwaukie, Clackamas County, State of Oregon, on the budget for the biennium July 1, 2014 to June 30, 2016, will be held at the City of Milwaukie City Council Chambers, 10722 SE Main Street, Milwaukie, Oregon, 97222.

The meeting will take place on April 24, 2014 at 6:00 p.m. at Milwaukie City Hall. This is a public meeting to receive the City Manager’s budget message, and the proposed budget document will be presented to the Budget Committee.

A copy of the proposed budget document may be inspected or obtained after April 25, 2014 at City Hall, 10722 SE Main Street, Milwaukie, Oregon, 97222, between the hours of 8:00 a.m. and 5:00 p.m., or online at http://www.milwaukieoregon.gov/finance. Budget Committee meeting notices can also be found at http://www.milwaukieoregon.gov/finance.

Listed below are the times and location of additional Budget Committee meetings that will be held for budget deliberations and public comment. Any person(s) may appear at the meeting and discuss the proposed budget with the Budget Committee:

Budget Committee Deliberations & Public Comment Meeting #2:
May 29, 2014, 6:00 p.m., Milwaukie City Council Chambers

Budget Committee Deliberations & Public Comment Meeting #3:
June 5, 2014, 6:00 p.m., Milwaukie City Council Chambers

Publish 04/09/2014. CLK13044

SUMMONS BY PUBLICATION

This is an action for Judicial Foreclosure of real property commonly known as 11190 SE 52nd Court, Milwaukie, OR 97222. A motion or answer must be given to the court clerk or administrator within 30 days of the date of first publication specified herein along with the required filing fee.
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF CLACKAMAS

NATIONSTAR MORTGAGE, LLC, ITS SUCCESSORS AND/OR ASSIGNS, Plaintiff,
v.
CATHY M. ANDREW; MICHAEL J. FLANAGAN; KIMBERLY M. LAMORTICELLA; TAMMY E. DE LUNA; THE UNKNOWN HEIRS AND ASSIGNS OF NOLA M. SHIRLEY; THE UNKNOWN DEVISEES OF NOLA M. SHIRLEY; AND ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN OR INTEREST IN THE REAL PROPERTY COMMONLY KNOWN AS 11190 SE 52ND COURT, MILWAUKIE, OR 97222, Defendants.
Case No. CV13080191
SUMMONS BY PUBLICATION -

THE UNKNOWN HEIRS AND ASSIGNS OF NOLA M. SHIRLEY; THE UNKNOWN DEVISEES OF NOLA M. SHIRLEY; AND ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN OR INTEREST IN THE REAL PROPERTY COMMONLY KNOWN AS 11190 SE 52ND COURT, MILWAUKIE, OR 97222
TO DEFENDANTS:
IN THE NAME OF THE STATE OF OREGON: You are hereby required to appear and defend the action filed against you in the above-entitled cause within 30 days from the date of service of this Summons upon you; and if you fail to appear and defend, for want thereof, the Plaintiff will apply to the court for the relief demanded therein.
Dated: January 21, 2014. PITE DUNCAN, LLP

By: /s/ Christina C. Benton, OSB #103380
(858) 750-7736; (858) 412-2186 (Facsimile)
cbenton@piteduncan.com
Pite Duncan, LLP
621 SW Morrison Street, Suite 425
Portland, OR 97205
Of Attorneys for Plaintiff

NOTICE TO DEFENDANT/DEFENDANTS
READ THESE PAPERS CAREFULLY
You must “appear” in this case or the other side will win automatically. To “appear” you must file with the court a legal paper called a “motion” or “answer”. The “motion” or “answer” must be given to the court clerk or administrator within 30 days (or 60 days for Defendant United States or State of Oregon Department of Revenue) along with the required filing fee. It must be in proper form and have proof of service on the plaintiff’s attorney or, if the plaintiff does not have an attorney, proof of service on the plaintiff.
If you have questions, you should see an attorney immediately. If you need help in finding an attorney, you may contact the Oregon State Bar’s Lawyer Referral Service online at www.oregonstatebar.org or by calling (503) 684-3763 (in the Portland metropolitan area) or toll-free elsewhere in Oregon at (800) 452-7636.
Publish 02/26, 03/05, 03/12, 03/19/2014. CLK130000