TRUSTEE’S NOTICE OF SALE

TRUSTEE’S NOTICE OF SALE
Reference is made to a certain trust deed (“Trust Deed”) made, executed and delivered by Irene A. Clark, as grantor, to Transnation Title Company, as trustee, in favor of Northwest Adventist Federal Credit Union, as beneficiary, dated September 19, 2005, and recorded on September 26, 2005, as Recording No. 2005-094251, 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:
A tract of land in the South one-half of the Northwest one-quarter of Section 10, Township 2 South, Range 4 East of the Willamette Meridian, in the County of Clackamas and State of Oregon, described as follows: Beginning at the Northwest corner of said South one-half of the Northwest one-quarter of Section 10; thence South 2°34’15” East along the West line of Section 10, a distance of 85.55 feet to its intersection with the Northeasterly right of way line of the relocated Mt. Hood Loop Highway; thence South 51°02’15” East along said right of way line, 471.38 feet; thence continuing along said right of way line South 57°19’38” East 240.23 feet to the true point of beginning of the tract herein to be described; thence North 89°24’45” East parallel with the North line of said South one-half of the Northwest one-quarter of Section 10, a distance of 1167.51 feet to a point on the Southwesterly right of way line of the Old Mt. Hood Loop Highway; thence South 29°32’42” East along said Southwesterly right of way line, 401.74 feet to the Northeast corner of that tract conveyed to Wilbur L. Shutes, et ux, by deed recorded in Book 698, Page 388, Deed Records; thence South 89°21’20” West 847.25 feet to the Northwest corner of the tract described in a contract to said Shutes, et ux, recorded October 6, 1967, in Book 698, Page 380, Deed Records, on the Northeasterly side of the relocated Mt. Hood Loop Highway, described in deed recorded May 14, 1964, in Book 640, Page 8, Deed Records; thence North 52°52’33” West along the Northeasterly right of way line of the relocated Mt. Hood Loop Highway, 158.73 feet; thence continuing along said right of way line, North 57°19’38” West 465.46 feet to the true point of beginning. EXCEPTING THEREFROM a tract of land in the South one-half of the Northwest one-quarter of Section 10, Township 2 South, Range 4 East of the Willamette Meridian, in the County of Clackamas and State of Oregon, said tract also being a part of that certain parcel of land designated as Parcel No. 3 in the contract to Horizons Northwest Corporation, and recorded June 26, 1970, as Recorder’s Fee No. 70 12377, Film Records, said tract being more particularly described as follows: Commencing at the Northwest corner of the South one-half of the Northwest one-quarter of said Section 10; thence South 0°07’58” West along the West line of said Section 10, a distance of 66.52 feet (Recorder’s Fee No. 70 12377 calls South 2°34’15” East 85.55 feet) to a 5/8 inch iron rod in the Northeasterly right of way line of the relocated Mt. Hood Loop Highway; thence South 48°48’56” East along said right of way line, a distance of 472.34 feet (Recorder’s Fee No. 70 12377 calls South 51°02’15” East 471.38 feet) to a 5/8 inch iron rod marking an angle point in said right of way line; thence continuing along said right of way line South 57°22’06” East, a distance of 702.42 feet (Recorder’s Fee No. 70 12377 calls South 57°19’38” East 705.69 feet) to a 5/8 inch iron rod marking an angle point in said right of way line; thence continuing along said right of way line South 53°16’54” East, a distance of 158.64 feet (Recorder’s Fee No. 70 12377 calls South 52°52’33” East 158.73 feet) to a 5/8 inch iron rod marking the Northwest corner of that certain tract described in a contract to Wilbur L. Shutes, et ux, recorded October 6, 1967, in Book 698, Page 280, Deed Records, and the true point of beginning of the tract herein to be described; thence North 89°21’20” East along the North line and the Easterly extension thereof of said Wilbur L. Shutes tract, a distance of 846.82 feet(Recorder’s Fee No. 70 12377 calls North 89°21’20” East 847.25 feet) to a 5/8 inch iron rod marking the Northeast corner of that certain tract conveyed to Wilbur L. Shutes, et ux, by deed recorded October 6, 1967, in Book 698, Page 383, Deed Records, said iron rod also being in the Southwesterly right of way line of the Old Mt. Hood Loop Highway; thence North 30°00’58” West (Recorder’s Fee No. 70 12377 calls North 29°32’42” West) along said Southwesterly right of way line, a distance of 131.96 feet to a 5/8 inch iron rod which is 115.00 feet North of, when measured at right angles to, the North line of said Wilbur L. Shutes tracts; thence South 89°21’20” West, a distance of 229.95 feet to a 5/8 inch iron rod; thence South 0°38’40” East, a distance of 15.00 feet to a 5/8 inch iron rod; thence South 89°21’20” West, a distance of 683.92 feet to a 5/8 inch iron rod in the Northeasterly right of way line of the relocated Mt. Hood Loop Highway; thence South 57°22’06” East along said right of way line, a distance of 6.79 feet to a 5/8 inch iron rod marking an angle point in said right of way line; thence continuing along said right of way line South 53°16’54” East, a distance of 158.64 feet to the point of beginning.
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 maintain insurance on the property, failure to pay real property taxes as they become due and failure to pay when due the following sums:
Arrearage in the sum of $22,887.64 as of March 14, 2016, 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 $142,489.60 as of March 14, 2016, 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 August 17, 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: at 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).]
THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. UNLESS YOU NOTIFY US WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION OF IT, WE WILL ASSUME THE DEBT IS VALID. IF YOU NOTIFY US, IN WRITING, WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE THAT YOU DO DISPUTE THE DEBT OR ANY PORTION OF IT, WE WILL PROVIDE VERIFICATION BY MAILING YOU A COPY OF THE RECORDS. IF YOU SO REQUEST, IN WRITING, WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR.
DATED: April 1, 2016.
Michelle M. Bertolino, Successor Trustee
Farleigh Wada Witt
121 SW Morrison, Suite 600
Portland, OR 97204
Phone: 503-228-6044; fax: 503-228-1741
Published June 1, 8, 15 & 22, 2016.
SP15842565