TRUSTEE’S NOTICE OF SALE On information and belief, the Trust Deed described herein is a commercial trust deed, and is therefore not subject to the requirements applicable to a residential trust deed as defined in ORS 86.705(6) on the date of recordation. This Notice of Sale is not subject to the resolution conference requirements applicable to residential trust deeds being foreclosed in Oregon after July 11, 2012. Further, the real property described in the Trust Deed is not Subject Property as defined in HB 2009 (2021). Reference is made to that certain Deed of Trust (hereinafter Trust Deed) made by Caliba Ventures, Inc., as the Grantor, to West Coast Trust, as Trustee, in favor of West Coast Bank, as the original Beneficiary, dated March 26, 2002, recorded March 29, 2002, in the mortgage records of Yamhill County, Oregon as Document No. 200206542, and last modified by instrument dated April 19, 2012, recorded April 20, 2012, in the mortgage records of Yamhill County, Oregon as Document No. 2012-05168, and covering the following described real property situated in the above-mentioned county and state, to wit: See Exhibit A attached. Property Tax Account Nos.: 55898; 55914; 55978; and 55870. Real property or its address is commonly known as 2810 E Portland Road, Newberg, OR 97132 & 2808 E Portland Road, Newberg, OR 97132 (the Real Property). The undersigned hereby disclaims any liability for any incorrectness of the above-described street address or other common designation. The undersigned as successor trustee hereby certifies that no assignments of the trust deed by the Trustee or by the Beneficiary and no appointments of a successor trustee have been made except as recorded in the mortgage records of the county or counties in which the above-described Real Property is situated together with appointing Saalfeld Griggs PC as the current successor trustee; further, that no action has been instituted to recover the debt, or any part thereof, now remaining secured by the Trust Deed, or, if such action has been instituted, such action has been dismissed except as permitted by ORS 86.752(7). The current beneficiary of the Trust Deed is Columbia State Bank. The Real Property will be sold to satisfy the Note identified below secured by the Trust Deed and a Notice of Default has been recorded pursuant to Oregon Revised Statutes 86.752(3); the default(s) for which the foreclosure is made are the following: Loan No. 16000284: Grantor’s failure to pay regular monthly payments from January 19, 2022 and each month thereafter, pursuant to the terms of the Trust Deed securing that certain Promissory Note dated April 19, 2012 and referenced therein (Note). The existing payment defaults consist of a failure to timely make full regular monthly payments and the current payment default amounts owing upon the Note, as of April 6, 2022, are: Past Due Payment Balance: $463.66 Late Charges: $90.42 Pre-Foreclosure Attorney Fees $3,579.00 Legal Costs: $254.66 Total: $4,387.74* *Total does not include accrued interest at the rate of $7.8018 per diem from April 7, 2022 until paid, additional late charges, expenditures, or trustee fees, and attorney fees and costs. In addition, Grantor’s failure to maintain its existence with the Oregon Secretary of State, and Guarantor, NJB, Inc.’s, failure to maintain its existence with the Oregon Secretary of State constitutes separate Events of Default under the terms of the Note and Trust Deed. In addition, the death of Guarantor, Barney D. Olberg, constitutes a separate Event of Default under the terms of the Note and Trust Deed. By reason of the defaults, the current Beneficiary has and does hereby declare all sums owing on the Promissory Note secured by the Trust Deed immediately due and payable, those sums being the following, to wit: Principal Balance: $26,127.02 Accrued Interest to 4/6/22: $425.47 Late Charges: $90.42 Pre-Foreclosure Attorney Fees $3,579.00 Legal Costs: $254.66 Total: $30,476.57* *Total does not include accrued interest at the rate of $7.8018 per diem from April 7, 2022 until paid, additional late charges, expenditures, or trustee fees, and attorney fees and costs. A total payoff amount as of a specific date is available upon written request to the successor trustee. Notice hereby is given that the current beneficiary and successor trustee, by reason of the default(s), have elected and do hereby elect to foreclose the Trust Deed by advertisement and sale pursuant to ORS 86.705 to 86.990, and to cause to be sold at public auction to the highest bidder for cash the interest in the Real Property without warranty, express or implied, which the Grantor had, or had the power to convey, at the time of the execution by Grantor of the Trust Deed, together with any interest the Grantor or Grantor’s successor in interest acquired after the execution of the Trust Deed, to satisfy the Note secured by the Trust Deed and the expenses of the sale, including the compensation of the successor trustee as provided by law, and the reasonable fees of successor trustee’s attorneys. WHEREFORE, notice hereby is given that the undersigned successor trustee will on FRIDAY, AUGUST 19, 2022 at 10:00 a.m. in accord with the standard of time established by ORS 187.110, at the FRONT (SOUTH) STEPS of the YAMHILL COUNTY COURTHOUSE at 535 NE 5TH STREET in the City of MCMINNVILLE, County of YAMHILL, State of OREGON, which is the hour, date and place last set for the sale, sell at public auction to the highest bidder for cash the interest in the Real Property which the Grantor had or had power to convey at the time of the execution by Grantor of the 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 foregoing Promissory Note secured by the Trust Deed and the costs and expenses of sale, including a reasonable charge by the successor trustee. The successor trustee intends to foreclose upon the Real Property. Notice is further given that any person named in ORS 86.778 has the right, at any time not later than five days before the date last set for the sale, to have this foreclosure proceeding dismissed and the Trust Deed reinstated by paying the entire amount then due (other than such portion of the principal as would not then be due had no default occurred), together with costs, trustee’s fees and attorney fees and costs, and by curing any other default complained of in the Notice of Default, that is capable of being cured by tendering the performance required under the Note or Trust Deed. Finally, notice is hereby given that 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 of Sale, 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 Trust Deed, and the words Trustee and Beneficiary include their respective successors in interest, if any. The mailing address for the successor trustee, as referenced herein, is as follows: Erich M. Paetsch, OSB 993350, Vice President of Successor Trustee Saalfeld Griggs, P.C, Successor Trustee P.O. Box 470 Salem, OR 97308-0470 Trustee’s Telephone Number: 503-399-1070 Dated: This 14th day of April 2022. SAALFELD GRIGGS PC, SUCCESSOR TRUSTEE /s/ Erich M. Paetsch By: Erich M. Paetsch, OSB 993350 Its: Vice President EXHIBIT A Legal Description PARCEL I: Being a part of the Donation Land Claim of Richard Everest and wife, Notification No. 1474, Claim No. 52 in Township 3 South, Range 2 West of the Willamette Meridian in Yamhill County, Oregon, said part being more particularly described as follows: Beginning at a point marked with an iron stake set 17.25 chains West of the Southeast corner of the North Half of said Donation Land Claim; thence North, 21.19 chains to a point in the center of the West Side Pacific Highway, formerly a County Road; thence North 66deg. East along center of said Highway, 2.52 chains to a point; thence South, 22.26 chains to a point marked with an iron stake; and thence West, 2.31 chains to the point of beginning. The tract to be conveyed hereunder is described as follows: Beginning at a point on the East line of said above described Tract, 154 feet 8 inches South of the South line of the right of way of the West side Pacific Highway (and said beginning point being the Southeast corner of the tract of land deeded to Mary Eubanks and recorded in book of deeds 125 at page 175, Records of Yamhill County, Oregon); thence South on said East line, 50 feet; thence West parallel with the South line of the first herein above mentioned tract, 152 feet 6 inches to the West line of said tract first described; thence North on said West line of said tract, 50 feet; thence East along the South of tract deeded to Mary Eubanks, 152 feet, 6 inches to the point of beginning. EXCEPTING THEREFROM that tract of land conveyed to Lamp Post Inc., an Oregon Corporation, recorded August 30, 1976, in Film Volume 114, Page 831, Records of Yamhill County. ALSO EXCEPTING THEREFROM that portion conveyed to the State of Oregon, by and through its Department of Transportation, by Warranty Deed recorded January 5, 2001, as Instrument No. 200100193, records of Yamhill County, Oregon. Parcel II: Being a part of the Donation Land Claim of Richard Everest and wife, Notification No. 1474, Claim No. 52 in Township 3 South, Range 2 West of the Willamette Meridian, in Yamhill County, Oregon, said part being more particularly described as follows: Beginning at the Southwest corner of that tract of land conveyed to Irene Ann Hartzell by Deed recorded September 19, 1945, in Book 130, Page 690, Deed Records of Yamhill County, Oregon; thence South 40 feet; thence East Parallel to the South line of aforesaid tract, 85 feet; thence North 40 feet to the South line of said tract; thence West along the South line of said tract, 85 feet to the place of beginning. Parcel III: Situate, lying and being in Yamhill County, Oregon and being a part of the Donation Land Claim of Richard Everest and wife, Notification No. 1474, Claim No. 52 in Township 3 South, Range 2 West of the Willamette Meridian, said County and State, and the part of said claim herein to be conveyed being particularly described as follows: Beginning as a point marked with an iron stake set, 17.25 chains West of the Southeast corner of the North half of said Donation Land Claim; thence North, 21.19 chains to a point in the center of West Side Pacific Highway, formerly a County Road; thence North 66deg. East along center of said highway, 2.52 chains to a point; thence South, 22.26 chains to a point marked with an iron stake; and thence West, 2.31 chains to the point of beginning. AND the part hereby sold and conveyed being particularly described as follows: Beginning at an iron stake situated at the point where the East line of the above described tract of land intersects the South line of the Right-Of-Way of the West Side Pacific Highway; running thence South along said East line 154 feet 6 inches to an iron stake; thence West parallel with the South line of the tract first herein above described, 152 feet 6 inches to an iron stake; thence Northalong the West line of said tract as described, 97 feet to an iron stake on the said South line of said West side Pacific Highway Right-of-Way and thence Northeasterly, 166 feet to the place of beginning. EXCEPTING THEREFROM that portion conveyed to the State of Oregon, by and through its Department of Transportation, by Warranty Deed Recorded January 5, 2001 as Instrument No. 200100193 Records of Yamhill County, Oregon. Being a part of the Donation Land Claim of Richard Everest and wife, Notification No. 1474, Claim No. 52, in Township 3 South, Range 2 West of the Willamette Meridian in Yamhill County, Oregon, said portion being more particularly described as follows: Beginning at the Southeast corner of that tract of land deeded to Mary Eubanks and recorded in Book of Deeds 125, Page 175, Records of Yamhill County, Oregon; thence West along the South line of said tract, 67 feet 6 inches; thence South 50 feet; thence East, 67 feet 6 inches; thence North 50 feet to the place of beginning. Parcel V: Being a part of the Donation Land Claim of Richard Everest and wife, Notification No. 1474, Claim No. 52 in Township 3 South, Range 2 West of the Willamette Meridian in Yamhill County, Oregon, said part being more particularly described as follows: Beginning at a point marked with an iron stake set 17.25 chains West of the Southeast corner of the North half of said Donation Land Claim; thence North, 21.19 chains to a point in the center of the West Side Pacific Highway, formerly a County Road; thence North 66deg. East along center of said Highway, 2.52 chains to a point; thence South, 22.26 chains to a point marked with an iron stake; and thence West, 2.31 chains to the point of beginning. The tract to be conveyed hereunder is described as follows: Beginning at a point on the East line of said above described tract, 244 feet 8 inches South of the South line of the right of way of the West side of Pacific Highway; thence South along the East line of said tract to a point on the North line of a tract of land conveyed to the City of Newberg by Deed recorded in Film Volume 101, Page 86, Deed Records of Yamhill County, Oregon; thence South 81deg.59′ West along the North line of said tract, 153.97 feet to a point on the West line of the first described tract above; thence North along the West line of said tract to the Southwest corner of the tract of land conveyed to Herbert V. Kruse and Josephine M. Kruse by Deed recorded in Film Volume 114, Page 832 Deed Records, Yamhill County, Oregon; thence East along the South line of said tract and its extension thereof, to the Southeast corner of said tract; thence North along the East line of said tract, 40 feet; thence East 67 feet 6 inches to the place of beginning. Published June 29, July 6, 13 & 20, 2022. NG247590
ad: 247590
Publication: Non-Judicial (Trustee Sales)
Section: Legals
Start Date: 2022/06/29
End Date: 2022/07/20
City: SALEM
County: Yamhill