Reference is made to a certain trust deed (“Trust Deed”) made, executed and delivered by Beanie Hobgood, also known as, Ethel I. Hobgood, and William Hobgood, as tenants by the entirety, as grantor, to Lawyers Title Insurance Companies, as trustee, in favor of Clackamas Community Federal Credit Union, as beneficiary, dated
December 17, 2009, and recorded on December 23, 2009, as Recording No. 2009-088070, in the mortgage records of Clackamas County, Oregon.
The Trust Deed covers the following described real property (“Property”) situated in said county and state, to-wit:
See Exhibit A attached hereto and incorporated herein by reference.
There are defaults by the grantor or other person owing an obligation, the performance of which is secured by the Trust Deed, with respect to provisions therein which authorize sale in the event of default of such provision; the defaults for which foreclosure is made is grantor’s failure to pay when due the following sums:
Arrearage in the sum of $45,125.95 as of November 10, 2015, plus additional payments, property expenditures, taxes, liens, assessments, insurance, late fees, attorney’s and trustee’s fees and costs, and interest due at the time of reinstatement or sale.
By reason of said defaults, the beneficiary has declared all sums owing on the obligations secured by said Trust Deed immediately due and payable, said sums being the following, to-wit:
Payoff in the sum of $190,371.93 as of November 10, 2015, plus taxes, liens, assessments, property expenditures, insurance, accruing interest, late fees, attorney’s and trustee’s fees and costs incurred by beneficiary or its assigns.
WHEREFORE, notice hereby is given that the undersigned trustee will on April 13, 2016, at the hour of 11:00 a.m., in accord with the standard of time established by ORS 187.110, at the following place: The Arbor Closest to Main Street in the Courtyard Directly North of the Clackamas County Courthouse, 807 Main Street, Oregon City, Oregon, sell at public auction to the highest bidder for cash the interest in the above-described Property, which the grantor had or had power to convey at the time of the execution by grantor of the said Trust Deed, together with any interest which the grantor or grantor’s successors in interest acquired after the execution of the Trust Deed, to satisfy the 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 86.778 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 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 Trust Deed, and in addition to paying said sum 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 86.778.
Without limiting the trustee’s disclaimer of representations or warranties, Oregon law requires the trustee to state in this notice that some residential property sold at a trustee’s sale may have been used in manufacturing methamphetamines, the chemical components of which are known to be toxic. Prospective purchasers of residential property should be aware of this potential danger before deciding to place a bid for this property at the trustee’s sale.
In construing this notice, 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.
[Exhibit B, NOTICE TO RESIDENTIAL TENANTS, is not published pursuant to ORS.86.774(2)(b).]
DATED: November 12, 2015.
Michelle M. Bertolino, Successor Trustee
Farleigh Wada Witt
121 SW Morrison, Suite 600
Portland, OR 97204
Phone: 503-228-6044; fax: 503-228-1741
Exhibit “A”
Part of the East one-half of Section 4, Township 4 South Range 2 East, of the Willamette Meridian, in the County of Clackamas and State of Oregon, described as follows:
Beginning at the one-quarter section corner of the East line of said Section 4; thence North along said East line 818.4 feet, more or less, to the Southeast corner of that tract conveyed to James Edward Cox, et ux, by deed recorded March 7, 1967 in Book 686, Page 650, Clackamas County Deed Records; thence West, along the South line of said Cox tract 663.96 feet, more of less, to the most Northerly Northeast corner of that tract conveyed to Vernon E. Schroeder, et ux, by deed recorded November 19, 1964, in Book 649, Page 543, Clackamas County Deed records; thence South along the East line of said Schroeder tract 712.8 feet, more less, to the Northerly Southeast corner of said Schroeder tract; thence West along the most Northerly Southerly line of said Schroeder tract, 640.2 feet, more or less, to an angle corner therein; thence South along the Westerly East line of said Schroeder tract, 1,416.36 feet more or less, to the center a creek; thence Southeasterly following the center of said creek to the South boundary of said Section 4; thence East along the South boundary of said Section 4 to the Southeast corner thereof; thence North along the East line of said Section 4, a distance of 2,617.56 feet, more or less, to the point beginning.
Beginning at the Northeast corner of aforesaid Section 4; thence South along the East line thereof; 1,782.00 (Deed) to the Northeast corner of HOBGOOD ACRES, a Major Partition; thence 80° 26′ 10” West along the North line thereof 663.83 feet (663.96 feet by deed) to the most Northerly Northwest corner thereof; thence South 0° 34′ East along the most Northerly West line of said HOBGOOD ACRES and its Southerly extension, 863.31 feet; thence South 36° 12′ 40” West 276.86 feet; thence South 23° 32′ 50” West, 108.65 feet to the true point of beginning; thence North 69° 03′ 20” West 274.58 feet; thence South 20° 56′ 40” West, 211.03 feet; thence South 69° 03′ 20” East 197.24 feet; thence North 7° 02′ 40” East, 87.89 feet; thence North 59° 01′ 13” East 159.70 feet to the true point of beginning
TOGETHER WITH the right to use in common with others those certain roadways (as set forth in that agreement) recorded January 8, 1914, in Book 134, Page 237, Clackamas County Deed records and also recorded September 16, 1947, Book 369, Page 332, Clackamas County Deed Records.
Published Jan. 28, Feb. 4, 11 & 18, 2016.