Reference is made to a certain trust deed (“Trust Deed”) made, executed and delivered by Cathy A. Voight and Daniel J. Voight, wife and husband, as grantor, to Transnation Title, as trustee, in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for First Franklin Financial Corp, an OP Sub of MLB&T Co., as beneficiary, dated May 11, 2007, and recorded on May 16, 2007, as Recording No. 2007088017, in the mortgage records of Multnomah County, Oregon
The Trust Deed covers the following described real property (“Property”) situated in said county and state, to-wit:
The South 110.75 feet of a tract of land in Lot 2, BENVUE TRACTS, in the City of Gresham, County of Multnomah and State of Oregon, more particularly described as follows:
Commencing at the Northwest corner of Lot 8, BIRDWELL ADDITION and extending in a Southerly direction along the Westerly boundary of said Lots 8 and 9, BIRDWELL, and the Southerly extension thereof, a distance of 238.75 feet; thence North 89° 41′ West, a distance of 65 feet; thence Northerly and paralle1 to the Easterly boundary of said Lots 9 and 8, a distance of 158.75 feet; thence in a straight line in a Northeasterly direction to a point lying on the Southerly boundary of NW 9th Street which is 32.5 feet North 89° 41′ West of the point of beginning; thence South 89° 41′ East to the point of beginning.
TOGETHER WITH an easement for ingress and egress over vacated NW 8th Street adjacent to Lot 9, BIRDWELL ADDITION, created by instrument recorded April 13, 2000 as Fee No. 2000-051401.
which is commonly known as 797 NW Wallula Ave, Gresham, OR 97030.
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 $17,110.05 as of June 2, 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 $320,748.86 as of June 2, 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 December 2, 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: front entrance of the Multnomah County Courthouse located at 1021 SW 4th Ave, Portland, OR 97204, 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.
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.
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.
DATED: July 14, 2016.
John W. Weil, OSB #803967, Successor Trustee
One Lincoln Center, Suite 430
10300 SW Greenburg Rd
Portland, OR 97223
Phone: 503-894-9900
Fax: 971-544-7236
Published Oct. 7, 14, 21 & 28, 2016.