TRUSTEE’S NOTICE OF SALE
The Successor Trustee, under the terms of the Deed of Trust described herein, at the direction of the current Beneficiary, hereby elects to sell the property described in said Deed of Trust to satisfy the obligations secured thereby.
A. PARTIES TO THE DEED OF TRUST:
Grantor: Meck, LLC, an Oregon limited liability company
Successor Trustee: Robert A. Smejkal, Attorney at Law;
Beneficiary: AMR Investment Group, LLC
B. DESCRIPTION OF THE PROPERTY:
“LOT 4, KINSLIE HEIGHTS, IN THE CITY OF OREGON CITY, COUNTY OF CLACKAMAS AND STATE OF OREGON.”
C. ASSIGNMENT OF BENEFICIAL INTEREST: N/A
D. DEED OF TRUST INFORMATION:
Dated: June 15, 2015
Recording Date: June 19, 2015
Recorder’s No.: 2015-038692
Recording Place: Deeds and Records of Clackamas County, Oregon
E. DEFAULT: The Grantor is in default and the Beneficiary elects to foreclose the Deed of Trust by reason of:
1. Failure to pay the monthly payment in the amount of $2,064.79 that became due on October 1, 2015 and continuing on the 1st day of each month thereafter.
2. The filing of a claim of construction lien by Westside Drywall and Insulation, Inc. on October 6, 2015, Recorder No. 2015-067294 and the failure of Meck, LLC to release or discharge the claim of construction lien.
3. Meck, LLC is not licensed as a contractor by the State of Oregon as required by the Commercial Construction Loan Agreement.
4. Construction of the improvement has stopped for more than five business days based on a Stop Work Order issued by the City of Oregon City, Oregon.
5. The beneficiary’s good faith belief that Meck, LLC is unable to perform under the Construction Loan Agreement, the Commercial Promissory Note or the Trust Deed.
F. AMOUNT DUE: By reason of the default, the Beneficiary has declared all sums owing on the obligation secured by the Deed of Trust immediately due and payable, those sums being the principal amount of $223,320.50, plus interest at the rate of 11% per annum from September 1, 2015 until paid; plus late fees, amounts advanced by the Beneficiary, if any, pursuant to the Trust Deed or applicable law and attorney fees and foreclosure costs incurred.
G. ELECTION TO SELL: NOTICE IS HEREBY GIVEN that the Beneficiary and the Successor Trustee, by reason of said default, have elected, and do hereby elect, to foreclose said Deed of Trust by advertisement and sale pursuant to Oregon Revised Statutes §86.705 et seq., and to cause to be sold at public auction to the highest bidder, for cash or certified funds, the interest in said described property which Grantor had, or had the power to convey, at the time of the execution of the Deed of Trust, together with any interest the Grantor acquired after the execution of the Deed of Trust, to satisfy the obligations secured by said Deed of Trust together with the expenses of sale, including the compensation of the Successor Trustee as provided by law, and the reasonable fees of the Successor Trustee’s attorney.
H. DATE, TIME AND PLACE OF SALE: Date & Time: August 30, 2016, at 10:00 a.m. Place: at the front entrance of the Clackamas County Courthouse, 807 Main Street, in the City of Oregon City, County of Clackamas, and State of Oregon.
I. RIGHT TO REINSTATE: NOTICE IS FURTHER GIVEN that at any time prior to five (5) days before the sale, this foreclosure proceeding may be dismissed and the Deed of Trust reinstated by payment to the Successor Trustee of the entire amount then due (other than a 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 Deed of Trust, and in addition to paying said sums or by tendering the performance necessary to cure the default, by paying all costs and expenses to the Successor Trustee actually incurred by Beneficiary and Successor Trustee in enforcing the obligation and Deed of Trust, together with the Successor Trustee’s fees and attorney’s fees.
J. NOTICE: The Federal Fair Debt Practices Act requires we state that this is an attempt to collect a debt and any information obtained will be used for that purpose.
K. NOTICE TO RESIDENTIAL TENANTS. The NOTICE TO RESIDENTIAL TENANTS is attached hereto as Exhibit A and by this reference incorporated herein.
L. LEGAL ASSISTANCE: If you believe you need legal assistance, contact the Oregon State Bar and ask for the lawyer referral service. Contact information for the Oregon State Bar is included with this notice. If you do not have enough money to pay a lawyer and are otherwise eligible, you may be able to receive legal assistance for free. Information about whom to contact for free legal assistance is included with this notice.
You may have additional rights under ORS 86.755(5) and under federal law.
Oregon State Bar, Lawyer Referral Service, 16037 SW Upper Boones Ferry Road, Tigard, OR 97224; (503) 684 3763 / (800) 452-7636
Toll-free 9:00 a.m. to 5:00 p.m. weekdays
Mailing address: PO Box 231935, Tigard, OR 97281 1935
http: //www.osbar.org; http: //www.oregonlawhelp.org
Legal Aid Services of Oregon Portland, Regional Office, 520 SW 6th Avenue, Suite 700, Portland, OR 97204
(503) 224-4086 or 1-800-228-6958
Monday – Friday, 9:00 a.m. to noon and 1:00 p.m. to 5:00 p.m.
Consumer queries and mortgage foreclosure information: (855)480-1950
Federal loan modification programs:
http: //www.makinghomeaffordable.gov
M. MISCELLANEOUS: 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 the Deed of Trust, and the words “Trustee” and “Beneficiary” include their respective successors in interest, if any.
DATED: April 7, 2016
/s/ Robert A. Smejkal
ROBERT A. SMEJKAL, Successor Trustee
PO Box 1758, Eugene, OR 97440
Publish 07/06, 07/13, 07/20, 07/27/2016. CLK13682