IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF COOS Case No. 08 PB 0138 In the Matter of the Estate of RAYMOND R. McMULLEN, Deceased NOTICE TO INTERESTED PERSONS NOTICE IS HEREBY GIVEN that Samuel R. McMullen has been appointed and has qualified as the Personal Representative of the above estate. All persons whose rights may be affected by the proceedings in this estate may obtain additional information from the records of the Court, the Personal Representative or the Attorney for the Personal Representative. All persons having claims against the estate are hereby required to present the same, with proper vouchers, within four (4) months after the date of first publication of this notice, as stated below, to Mike O'Dwyer, Lawyer for the Personal Representative at Post Office Box 2052, (50219 Hwy 101 South, Suite D-1), Bandon, Oregon 97411, or said claims may be barred. Dated and first published this 4th day of July, 2008. Mike O'Dwyer Lawyer for Personal Representative Oregon State Bar No. 76274 Post Office Box 2052 (50219 Hwy 101S. Suite D-1) Bandon, Oregon 97411 Phone (541) 347-1200 - Fax (541) 347-9400 PUBLISHED: The World: July 4, 11, and 18, 2008
Jul 03, 2008
STB No. AB-515 (Sub-No. 2) NOTICE OF INTENT TO ABANDON AND/OR DISCONTINUE SERVICE The Central Oregon & Pacific Railroad, Inc. ("CORP") gives notice that on or about July 14, 2008 it intends to file with the Surface Transportation Board, Washington, D.C. 20423, an Application for permission for the abandonment of, and/or discontinuance of service on, a line of railroad known as the Coos Bay Subdivision, which consists of (1) the Coos Bay Branch (which is owned by CORP), and (2) the Coquille Branch and LPN Branch (which are leased by CORP). The Application will seek authority to abandon the portions of the Coos Bay Subdivision that are owned by CORP, namely the Coos Bay Branch extending from railroad milepost 669.0 near Vaughn, Oregon up to rail milepost 763.13 near Cordes, Oregon, which traverses United States Postal Service ZIP Codes 97439, 97441, 97449, 97453, 97459, 97461, 97467, 97480, 97487, 97490, and 97493, a distance of 94.13 miles, in Coos, Douglas, and Lane Counties, Oregon. The portion of the line proposed for abandonment includes the stations of Richardson (MP 685.0); Swisshome (MP 697.1); Suislaw (MP 697.8); Tide (MP 699.2); Beck (MP 709.0); Wendson (MP 715.0); Cushman (MP 716.0); Canary (MP 721.3), Kroll (MP 732.8); Gardiner Junction (MP 738.8); Reedsport (MP 740.4); Lakeside (MP 752.1); Hauser (MP 759.3); and Cordes (MP 763.0). The Application also will seek authority to discontinue service over the portions of the Coos Bay Subdivision that are leased by CORP, namely (1) the Coquille Branch extending from railroad milepost 763.13 near Cordes, Oregon up to rail milepost 786.5 near Coquille, Oregon, which traverses United States Postal Service ZIP Codes 97420, 97423, and 97459, a distance of 23.37 miles, in Coos County, Oregon; and (2) the LPN Branch extending from CORP milepost 738.8 to LPN Branch milepost 2.0, which traverses United States Postal Service ZIP Code 97441, a distance of 2.0 miles, in Douglas County, Oregon. The Coquille Branch includes the stations of North Bend (MP 765.6); Coos Bay (MP 768.9); McCormac (MP 770.5); Hayden (MP 773.1); Chrome (MP 781.2); and Coquille (MP 785.6). The LPN Branch includes the station of Gardiner Junction (MP 738.8). The reason for the proposed abandonment and discontinuance is that rail traffic and freight revenues on the Coos Bay Subdivision are insufficient to justify the costs of operation and ordinary maintenance of the line. In addition, certain tunnels on the line require extensive repairs in order to restore the line (which is currently embargoed) to a safe operating condition. There is no reasonable prospect that traffic and revenues will increase sufficiently in the foreseeable future to justify such extraordinary expense and continued operation of the line. Based on information in our possession, the Coos Bay Subdivision does contain federally granted rights-of-way. Any documentation in the railroad's possession will be made available promptly to those requesting it. This line of railroad has appeared on CORP's system diagram map or was included in the narrative in Category 1 since May 8, 2008. The interest of CORP's employees will be protected as required by 49 U.S.C. 10903(b)(2) and Oregon Short Line Co. - Abandonment - Goshen, 360 I.C.C. 91 (1979). The Application will include CORP's entire case for abandonment and discontinuance (case in chief). Any interested person, after the Application is filed on or about July 14, 2008, may file with the Surface Transportation Board written comments concerning the proposed abandonment and discontinuance or protests to it. These filings are due 45 days from the date of filing of the Application. All interested persons should be aware that following any abandonment of rail service and salvage of the line, the line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 U.S.C. 10905 (Section 1152.28 of the Board's rules) and any request for a trail use condition under 16 U.S.C. 1247(d) (Section 1152.29 of the Board's rules) must also be filed within 45 days from the date of filing of the Application. Persons who may oppose the abandonment or discontinuance but who do not wish to participate fully in the process by appearing at any oral hearings or by submitting verified statements of witnesses, containing detailed evidence, should file comments. Persons interested only in seeking public use or trail use conditions should also file comments. Persons opposing the proposed abandonment or discontinuance that do wish to participate actively and fully in the process should file a protest. Protests must contain that party's entire case in opposition (case in chief) including the following: (1) Protestant's name, address and business. (2) A statement describing protestant's interest in the proceeding including: (i) A description of protestant's use of the line; (ii) If protestant does not use the line, information concerning the group or public interest it represents; and (iii) If protestant's interest is limited to the retention of service over a portion of the line, a description of the portion of the line subject to protestant's interest (with milepost designations if available) and evidence showing that the applicant can operate the portion of the line profitably, including an appropriate return on its investment for those operations. (3) Specific reasons why protestant opposes the application including information regarding protestant's reliance on the involved service [this information must be supported by affidavits of persons with personal knowledge of the fact(s)]. (4) Any rebuttal of material submitted by applicant. In addition, a commenting party or protestant may provide a statement of position and evidence regarding: (i) Intent to offer financial assistance pursuant to 49 U.S.C. 10904; (ii) Environmental impact; (iii) Impact on rural and community development; (iv) Recommended provisions for protection of the interests of employees; (v) Suitability of the properties for other public purposes pursuant to 49 U.S.C. 10905; and (vi) Prospective use of the right-of-way for interim trail use and rail banking under 16 U.S.C. 1247(d) and 1152.29 of the Board's rules. A protest may demonstrate that: (1) the protestant filed a feeder line application under 49 U.S.C. 10907; (2) the feeder line application involves any portion of the rail line involved in the abandonment or discontinuance application; (3) the feeder line application was filed prior to the date the abandonment or discontinuance application was filed; and (4) the feeder line application is pending before the Board. Written comments and protests will be considered by the Board in determining what disposition to make of the Application. The commenting party or protestant may participate in the proceeding as its interests may appear. If an oral hearing is desired, the requester must make a request for an oral hearing and provide reasons why an oral hearing is necessary. Oral hearing requests must be filed with the Board no later than 10 days after the application is filed. Those parties filing protests to the proposed abandonment (or discontinuance) should be prepared to participate actively either in an oral hearing or through the submission of their entire opposition case in the form of verified statements and arguments at the time they file a protest. Parties seeking information concerning the filing of protests should refer to 1152.25 of the Board's rules. Written comments and protests, including all requests for public use and trail use conditions, should indicate the proceeding designation STB No. AB 515 (Sub-No. 2) and must be filed with the Secretary, Surface Transportation Board, Washington, DC 20423, no later than August 28, 2008. Interested persons may file a written comment or protest with the Board to become a party to this abandonment and discontinuance proceeding. A copy of each written comment or protest shall be served upon the representative of CORP: Terence M. Hynes, Sidley Austin LLP, 1501 K Street, NW, Washington, DC 20005; Telephone: 202-736-8000; Facsimile, 202-736-8711. The original and 10 copies of all comments or protests shall be filed with the Board with a certificate of service. Except as otherwise set forth in part 1152, each document filed with the Board must be served on all parties to the abandonment proceeding. 49 C.F.R. 1104.12(a). The line sought to be abandoned and discontinued will be available for subsidy or sale for continued rail use, if the Board decides to permit the abandonment and discontinuance, in accordance with applicable laws and regulations (49 U.S.C. 10904 and 49 C.F.R. 1152.27). No subsidy arrangement approved under 49 U.S.C. 10904 shall remain in effect for more than 1 year unless otherwise mutually agreed by the parties (49 U.S.C. 10904(f)(4)(B)). CORP will promptly provide upon request to each interested party an estimate of the subsidy and minimum purchase price required to keep the line in operation. CORP's representative to whom inquiries may be made concerning sale or subsidy terms is Terence M. Hynes, Sidley Austin LLP, 1501 K Street, NW, Washington, DC 20005; Telephone: 202-736-8000; Facsimile, 202-736-8711. Persons seeking further information concerning abandonment procedures may contact the Surface Transportation Board or refer to the full abandonment or discontinuance regulations at 49 C.F.R. part 1152. Questions concerning environmental issues may be directed to the Board's Section of Environmental Analysis. A copy of the Application will be available for public inspection on or after July 14, 2008 at the following agency station through which business for the line is received or forwarded: Customer Service Center, Central Oregon & Pacific Railroad, 333 S.E. Mosher, Roseburg, OR 97470, Contact: Don Taylor. The Application will be available for inspection from 8:00 AM to 5:00 PM Pacific Standard Time, Monday through Friday. The carrier shall furnish a copy of the Application to any interested person proposing to file a protest or comment, upon request. An environmental assessment ("EA") (or environmental impact statement ("EIS"), if necessary) prepared by the Section of Environmental Analysis will be served upon all parties of record and upon any agencies or other persons who commented during its preparation. Any other persons who would like to obtain a copy of the EA (or EIS) may contact the Section of Environmental Analysis. EAs in these abandonment proceedings normally will be made available within 33 days of the filing of the application. The deadline for submission of comments on the EA will generally be within 30 days of its service. The comments received will be addressed in the Board's decision. A supplemental EA or EIS may be issued where appropriate. PUBLISHED: The World: June 20, 27, July 4, 2008.
Jul 03, 2008
A-B Mini Storage, 64686 Washington Rd., Coos Bay, Oregon 97420, will put up for Sale on July 07, 2008 Unit No. 23, Victor Baker. PUBLISHED: The World: June 26 and July 3, 2008.
Jul 02, 2008
TIMBER FOR SALE, UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT, ORAL AUCTION as hereinafter designated will be received by the District Manager, Bureau of Land Management at the COOS BAY DISTRICT OFFICE, 1300 Airport Lane, North Bend, Oregon 97459-2000, on Friday, July 25, 2008 for all timber marked or designated for cutting. Before bids are submitted, full information concerning the timber, the conditions of sale and submission of bids, including the appraised price per species, should be obtained from the above District Manager. The right is hereby reserved to waive technical defects in this advertisement and to reject any or all bids. The United States reserves the right to waive any informality in bids received whenever such waiver is in the interest of the United States. Environmental Assessment No. OR125-04-17, Middle Creek CT's II, was prepared for this sale, and a Finding of No Significant Impact has been documented. These documents are available for inspection as background for these sales at the Coos Bay District Office. This sale notice, first published on June 26, 2008, constitutes the decision document for purposes of protests under 43 CFR Subpart 5003 - Administrative Remedies. Protests of any sale listed below must be filed within 15 days after the first publication of this notice; however, the doctrine of administrative finality precludes review of issues which could have been reviewed at the time at which a final decision was made. Sales will commence at 10:00 a.m. In COOS COUNTY: OREGON: O&C, PD, CBWR: ORAL AUCTION: SALE NO. 08-02, BITTER CHERRY CT. All timber designated for cutting on certain Federal lands in T. 27 S., R. 11 W., Sec. 23, Lots 1, 4, 5, 8, 9, 12, 13, 14; Sec. 24, Lots 3, 4, NW, SESW, WSE; Sec. 25, Lot 3, ENW, SW, WSE; Sec. 27, Lots 1, 2, 5, 6, 7, 10; Sec. 35, Lots 3, 4, 5, 6, 11, 12, 13, 14; T. 28 S., R. 11 W., Sec. 3, Lot 1, SW, NE, Will. Mer., estimated for the purpose of this sale to be 4454 MBF. No written bid for less than $166,138.70 will be considered. Minimum deposit with written bid $16,700.00. PUBLISHED: The World: June 26 and July 3, 2008.
Jul 02, 2008
TRUSTEE'S NOTICE OF SALE Pursuant to O.R.S. 86.705, et seq. Trustee Sale No.: OR0818260 Loan No.: 1220982 Title Order No.: 3665604 Reference is made to that certain Deed of Trust made by JOHN T MACDONALD, AN ESTATE IN FEE SIMPLE, as Grantor, to FIDELITY NATIONAL TITLE - OR, as Trustee, in favor of TAYLOR, BEAN & WHITAKER MORTGAGE CORP., as Beneficiary, dated 06/13/2006, and Recorded on 06/20/2006 as Document No. 2006-8226 in the County of Coos , state of Oregon. The beneficial interest under said Deed of Trust and the obligations secured thereby are presently held by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR TAYLOR, BEAN & WHITAKER MORTGAGE CORP. Said Trust Deed encumbers the following described real property situated in said county and state, to-wit: BEGINNING AT A POINT LOCATED 444.41 FEET NORTH AND 773.64 FEET EAST OF THE QUARTER CORNER ON THE SOUTH LINE OF SECTION 30, TOWNSHIP 25.SOUTH, RAGE 13 WEST OF THE WILLAMETTE MERIDIAN, COOS COUNTY, OREGON; THENCE SOUTH 2 DEGREES 53 1/2' EAST 68 FEET; THENCE NORTH 87 DEGREES 06 112' EAST 125 FEET; THENCE NORTH 2 DEGREES 53 1/2' WEST 68 FEET; THENCE SOUTH 87 DEGREES 06 1/2' WEST 125 FEET TO THE POINT OF BEGINNING, EXCEPT THE WEST 5 FEET OF SAID PREMISES WHICH IS TO BE USED FOR ROAD PURPOSES. A.P.N. # 3809.30; 25S13W30DC1800 The street address or other common designation, if any, of the real property described above is purported to be: 91537 DRINNELL LANE, COOS BAY, OR 97420 The undersigned Trustee disclaims any liability for any incorrectness of the above street address or other common designation. Both the beneficiary and the Trustee have elected to sell the said real property to satisfy the obligations secured by said Deed of Trust 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: THE INSTALLMENT OF PRINCIPAL AND INTEREST WHICH BECAME DUE ON 12/01/2007 AND ALL SUBSEQUENT INSTALLMENTS OF PRINCIPAL AND INTEREST, ALONG WITH LATE CHARGES, PLUS FORECLOSURE COSTS AND LEGAL FEES. ALSO, if you have failed to pay taxes on the property, provide insurance on the property or pay other senior liens or encumbrances as required in the Note and Deed of Trust, the Beneficiary may insist that you do so in order to reinstate your account in good standing. The Beneficiary may require as a condition to reinstatement that you provide reliable written evidence that you have paid all senior liens or encumbrances, property taxes, and hazard insurance premiums. These requirements for reinstatement should be confirmed by contacting the undersigned Trustee. By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Deed of Trust immediately due and payable, said sums being the following to wit: $169,471.16 with interest thereon at the rate of 7.000 from 11/01/2007; plus late charges of 63.18 each month beginning 12/01/2007 and prior accrued late charges until paid; together with title expenses, costs, trustee's fees and attorney fees incurred herein by reason of said default; and any further sums advanced by the Beneficiary for the protection of the above described real property and its interest therein. WHEREFORE, notice hereby is given that the undersigned Trustee will, on 08/22/2008, at the hour of 11:00AM in accord with the standard of time established by O.R.S. 187.110; AT THE FRONT ENTRANCE TO THE COURTHOUSE, 2ND & BAXTER STREETS. COQUILLE, OR, County of Coos, 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 execution by him of the said Deed of Trust, together with any interest which the Grantor his successors in interest acquired after the execution of said Deed of Trust, to satisfy the foregoing obligations thereby secured and the costs and expenses of sale, including reasonable charge by the Trustee. If the Trustee is unable to convey title for any reason, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse. Notice is further given that any person named in O.R.S. 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 Deed of Trust 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 to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust, together with Trustee's and attorney's fees. 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 person owing an obligation, the performance of which is secured by said Deed of Trust, and the words "Trustee" and "Beneficiary" include their respective successors in interest, if any. Dated: 4/10/08 FIRST AMERICAN TITLE INSURANCE COMPANY, as Successor Trustee By: DENNIS CANLAS, Assistant Secretary c/o *TRUSTEE CORPS* 2112 Business Center Drive, 2nd Floor, Irvine, CA 92612 For Sale Information contact: (714) 573-1965, (714) 573-7777, (949) 252-8300 State of California County of Orange On April 10, 2008, before me, Brenda R. Bermudez the undersigned, a Notary Public in and for said state, personally appeared Dennis Canlas, personally known to me (or provided to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, Signature Brenda R Bermudez This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. ASAP# 2738979 06/12/2008, 06/19/2008, 06/26/2008, 07/03/2008 PUBLISHED: The World: June 12, 19, 26 and July 3, 2008.