TRUSTEE’S NOTICE OF SALE
Reference is made to that certain trust deed made by CYNTHIA RAE JOHNSON, as grantor, to PETER C. McCORD, as trustee, in favor of OnPOINT COMMUNITY CREDIT UNION, formerly Portland Teachers Credit Union, as beneficiary, dated August 28, 1998, recorded September l, 1998, in the Mortgage Records of Clackamas County, Oregon, as Instrument No. 98-081856, modified by instrument recorded May 23, 2002, as Instrument No. 2002-048905, further modified by instrument recorded April 29, 2003, as Instrument No. 2003-053074, further modified by instrument recorded February 3, 2004, as Instrument No. 2004-008063, further modified by instrument recorded December 7, 2004, as Instrument No. 2004-111801, further modified by instrument recorded May 23, 2006, as Instrument No. 2006-046866, and further modified by instrument recorded June 5, 2007, as Instrument No. 2007-048823, covering the following described real property:
Lot 14, Block 1, WESTLAKE MEADOWS, in the City of Lake Oswego, County of Clackamas and State of Oregon.
Commonly known as 5010 Greensborough Court, Lake Oswego, Oregon 97035.
This is an attempt to collect a debt.
Any information obtained will be used for that purpose.
Both the beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said trust deed, and a notice of default has been recorded pursuant to Oregon Revised Statues 86.752(3); the default for which the foreclosure is made is grantor’s failure to pay when due the following sums:
(1) $414.25 due February 15, 2016, and a like sum due on the same day of each month thereafter;
(2) $402.00 due February 15, 2016, and a like sum due on the same day of each month thereafter;
(3) $428.75 due February 15, 2016, and a like sum due on the same day of each month thereafter;
(4) $127.50 due February 15, 2016, and a like sum due on the same day of each month thereafter; and
(5) Failure to pay property taxes of $5,185.66 for 2013-2014; $5,332.31 for 2014-2015; $5,402.23 for 2015-2016 plus penalties and interest.
By reason of the default, the beneficiary has declared all sums owing on the obligation secured by the trust deed immediately due and payable, those sums being the following, to-wit:
(1) $82,080.08, plus interest at the rate of 4.0% per annum from February 8, 2016, until paid, plus $41.44 for late charges, plus continuing late charges, plus $1,500.00 for collection expenses incurred prior to foreclosure;
(2) $79,863.18, plus interest at the rate of 4.0% per annum from February 8, 2016, until paid, plus $40.20 for late charges, plus continuing late charges;
(3) $84,629.14, plus interest at the rate of 4.0% per annum from February 8, 2016, until paid, plus $42.88 for late charges, plus continuing late charges; and
(4) $28,300.93, plus interest at the rate of 4.0% per annum from February 8, 2016, until paid, plus $12.76 for late charges, plus continuing late charges.
WHEREFORE, notice is hereby given that the undersigned trustee will on WEDNESDAY, OCTOBER 5, 2016, at the hour of 11:45 o’clock A.M., in accord with the standard of time established by ORS 187.110, at the following place: LAW OFFICES OF SCARBOROUGH, MCNEESE, O’BRIEN & KILKENNY, P.C., FIVE CENTERPOINTE DRIVE, SUITE 240, LAKE OSWEGO, OREGON 97035, COUNTY OF CLACKAMAS, STATE OF OREGON, sell at public auction to the highest bidder for cash the interest in the described real property which the grantor had, or had power to convey, at the time of the execution by him/her/them of the trust deed, together with any interest which the grantor or his/her/their successors in interest acquired after the execution of the 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 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, paying said sums 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.
Trustee has determined that no grantor named in this notice is a member of the United States Military Service as defined by the Servicemembers Civil Relief Act, as amended (“SCRA”). Trustee has checked the website for the Department of Defense Manpower Data Center and has retrieved a Military Status Report for each grantor. Based upon such Report(s), Trustee concludes that no grantor named herein is entitled to the protections and benefits otherwise afforded an active member under SCRA.
In construing this notice, the masculine gender includes the feminine and the neuter, 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.
DA TED: May 16, 2016
Peter C. McCord, Trustee
Five Centerpointe Drive, Suite 240
Lake Oswego, Oregon 97035
Published Aug. 11, 18, 15 & Sept. 1, 2016.