Reference is made to a certain trust deed (“Trust Deed”) made, executed and delivered by Phillip K. Jones, as grantor, to Kevin P. Moran, Attorney at Law, as trustee, in favor of Unitus Community Credit Union, as beneficiary, dated June 9, 2007, and recorded on July 17, 2007, as Recording No. Reel: 2841, Page: 59, in the mortgage records of Marion County, Oregon.
The Trust Deed covers the following described real property (“Property”) situated in said county and state, to-wit:
Beginning at a point on the North line of Lot 1, SUNNYSIDE FRUIT FARMS NO. 7, Marion County, Oregon, which is 954 feet West of the Northeast corner of said Lot 1; thence South 0° 15′ East 330.26 feet to a point on the South line of said Lot; thence South 89° 56′ 30″ West along the South line of said Lot, 366 feet to the Southwest corner thereof; thence North, along the West line of said Lot, 330.59 feet to the Northwest corner thereof; thence East along the North line of said Lot, a distance of 366 feet to the place 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 pay when due the following sums:
Arrearage in the sum of $3,349.84 as of June 13, 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 $96,127.72 as of June 13, 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 November 9, 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: West Front Entrance of the Marion County Courthouse, 100 High Street N.E., Salem, 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.
The NOTICE TO RESIDENTIAL TENANTS, attached hereto as Exhibit A, is incorporated herein by reference. [Exhibit A, NOTICE TO RESIDENTIAL TENANTS, is not published pursuant to ORS 86.774(2)(b)]
DATED: June 29, 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 Aug. 24, 31, Sep. 7 & 14, 2016.