Reference is made to that certain trust deed made by ROMAN ZAKHARYUK and FLAVIYA ZAKHARYUK, aka Flaviva Zakharyuk, as grantors, to PETER C. McCORD, as trustee, in favor of OnPOINT COMMUNITY CREDIT UNION, as beneficiary, dated March 18, 2008, recorded March 24, 2008, in the Mortgage Records of Clackamas County, Oregon, as Instrument No. 2008-020793, covering the following described real property:
Lot 3, CODY ESTATES, in the City of Happy Valley, County of Clackamas, State of Oregon.
Commonly known as 13259 S.E. Parkside Drive, Happy Valley, Oregon 97086.
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:
$173.35 due February 17, 2012, and a like sum due on the same day of each month thereafter.
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:
$60,989.99, plus interest at the rate of 3.250% per annum from January 17, 2012, until paid, plus $450.84 for late charges, plus continuing late charges, plus $1,250.00 for collection expenses incurred prior to foreclosure.
WHEREFORE, notice is hereby given that the undersigned trustee will on THURSDAY, OCTOBER 20, 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 QSWEGO, 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 granter 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.
DATED: June 9, 2016
Peter C. McCord, Trustee
Five Centerpointe Drive, Suite 240
Lake Oswego, Oregon 97035
Phone 503-601-3698
Published Aug. 18, 25, Sept. 1 & 8, 2016.