AMENDED TRUSTEE’S NOTICE OF SALE Reference

AMENDED TRUSTEE’S NOTICE OF SALE Reference is made to that certain Trust Deed made by AGNES WILMES, individually, as heir and devisee under the Last Will and Testament of Wilfried P. Wilmes, aka Wilfried Wilmes, aka Wilfried Peter Wilmes, and as Trustee of the Wilmes Bypass Trust created under the Will of Wilfried Wilmes as Grantor, to FIRST AMERICAN TITLE COMPANY OF OREGON, as Trustee, in favor of AXA EQUITABLE LIFE INSURANCE COMPANY, a New York corporation, now known as EQUITABLE FINANCIAL LIFE INSURANCE COMPANY, a New York corporation, as Beneficiary, under that certain Trust Deed recorded on November 20, 2012 as Instrument No. 2012-34042066 in the Real Property Records of Marion County, Oregon, and as modified by that certain Partial Release of Trust Deed recorded on October 31, 2018 as Instrument No. 2018-00052801 in the Real Property Records of Marion County, Oregon, and as modified by that certain Modification Agreement recorded on October 31, 2018 as Instrument No. 2018-00052803 in the Real Property Records of Marion County, Oregon (Trust Deed) encumbering the following described real property situated in the above-mentioned County and State: Real property in the County of Marion, State of Oregon, described as follows: THE SOUTH HALF OF THE DONATION LAND CLAIM OF WILLIAM M. CASE AND SARAH ANN CASE, SAID CLAIM BEING DESCRIBED AS FOLLOWS: TO-WIT: BEGINNING AT A POINT 4.14 CHAINS SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 1 WEST; AND RUNNING THENCE NORTH 81deg.40′ WEST 69.70 CHAINS; THENCE SOUTH 6deg. EAST 36.22 CHAINS; THENCE NORTH 84deg. EAST 5.17 CHAINS; THENCE SOUTH 6deg. EAST 60.00 CHAINS; THENCE SOUTH 88deg.30′ EAST 63.63 CHAINS; THENCE NORTH 1deg.45′ EAST 86.04 CHAINS; THENCE NORTH 81deg.40′ WEST 11.72 CHAINS TO THE PLACE OF BEGINNING, AND BEING A PART OF SECTIONS 13 AND 24, IN TOWNSHIP 4 SOUTH, RANGE 2 WEST AND PARTS OF SECTIONS 18 AND 19, TOWNSHIP 4 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, MARION COUNTY, STATE OF OREGON. SAVE AND EXCEPT THE FOLLOWING: BEGINNING AT THE SOUTHWEST CORNER OF THE DONATION LAND CLAIM OF WILLIAM M. CASE AND WIFE, IN TOWNSHIP 4 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, MARION COUNTY, OREGON; THENCE SOUTH 87deg.15′ EAST 22.72 CHAINS TO THE MIDDLE OF THE COUNTY ROAD LEADING FROM CHAMPEONG TO ST. LOUIS; THENCE NORTH 1.12 CHAINS ALONG SAID ROAD; THENCE SOUTH 89deg.45′ WEST 22.70 CHAINS TO THE PLACE OF BEGINNING. NOTE: This legal description was created prior to January 1, 2008. Tax Parcel Numbers: R12186 and R12187 Commonly known as: 20178 Case Road NE, Aurora, OR 97002 (the Property). AXA Equitable Life Insurance Company is now known as Equitable Financial Life Insurance Company. The mailing address of McEwen Gisvold, LLP, Successor Trustee, is 1100 SW Sixth Avenue, Suite 1600, Portland, OR 97204. There is default by the Grantor or other person owning an obligation, the performance of which is secured by the Trust Deed, with respect to any provision in the Trust Deed, which authorizes sale in the event of default of such provision; the defaults are: Unpaid principal and interest due on May 1, 2019 in the amount of $49,983.73; unpaid principal and interest due on November 1, 2019 in the amount of $50,000.00; unpaid principal and interest due on May 1, 2020 in the amount of $50,000.00; unpaid principal and interest due on November 1, 2020 in the amount of $50,000.00; plus late charges in the total amount of $19,041.74, with interest continuing to accrue thereafter until paid and sundry advances of $16,074.52. Based upon the defaults, the Beneficiary has declared all sums owing on the obligation secured by the Trust Deed, as modified, immediately due and payable, those sums being the following: Principal balance in the amount of $1,202,236.12, accrued interest at the note rate of four and sixty hundredths percent (4.60%) from November 1, 2018 through January 26, 2020 in the amount of $68,498.25, default interest on the principal balance at the default rate of nine and sixty hundredths percent (9.60%) from January 27, 2020 through January 22, 2021 in the amount of $114,133.60, late charges in the total amount of $4,746.07, a prepayment premium as of January 27, 2020 in the amount of $39,785.65, and sundry advances in the amount of $16,074.52, with interest accruing thereafter until paid; attorney’s fees, trustee’s fees, together with any other sums due or that may become due under the Note or by reason of this foreclosure and any further advances made by the Beneficiary as allowed by the Note and Trust Deed. The Beneficiary and the Successor Trustee, by reason of the default, have elected to foreclose the Trust Deed by advertisement and sale, and to cause to be sold at public auction to the highest bidder for case the interest in the Property which the Grantor has to satisfy the obligations secured by the Trust Deed and the expenses of the sale, including the compensation of the trustee and the trustee’s attorneys. A Notice of Default and Election to Sell has been recorded pursuant to Oregon Revised Statutes 86.752. The original sale proceedings set for Monday, October 26, 2020, at 1:00 P.M., at the Front Steps of the Marion County Courthouse located at 100 High Street NE, Salem, OR 97301 were stayed by Oregon House Bill 4204 (2020), Oregon Governor Kate Brown’s Executive Order No. 20-37. The stay terminated on December 31, 2020. WHEREFORE, the undersigned Successor Trustee will on Wednesday, March 17, 2021, at 1:00 P.M., in accord with the standard of time established by Oregon Revised Statute 187.110, at the Front Steps of the Marion County Courthouse located at 100 High Street NE, Salem, OR 97301, sell at public auction to the highest bidder for cash the interest in the Property which the Grantor has to satisfy the obligations secured by the Trust Deed, and the expenses of the sale, including the compensation of the Trustee and the Trustee’s attorneys. The Grantor, the Grantor’s successor in interest to all or any part of the Property, any Beneficiary under a subordinate trust deed, or any person having a subordinate lien or encumbrance of record on the Property, have the right under ORS 86.778 to have this foreclosure proceeding dismissed and the Trust Deed reinstated by paying the entire amount then due, together with costs, trustee’s fees and attorney fees, and by curing any other default complained of in the notice of default, at any time that is not later than five days before the date last set for the sale. 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 the Trust Deed, and the words trustee and beneficiary include their respective successors in interest, if any. SUCCESSOR TRUSTEE: McEWEN GISVOLD, LLP, an Oregon limited liability partnership DATED: January 22, 2021 s/J. Kurt Kraemer By: J. Kurt Kraemer Its: Partner 1100 SW Sixth Avenue, Suite 1600 Portland, OR 97204 Telephone: (503) 226-7321 Published Feb. 3, 10, 17 & 24, 2021. WI191427

ad: 191427

Publication: Non-Judicial (Trustee Sales)

Section: Legals

Start Date: 2021/02/03

End Date: 2021/02/24

City: PORTLAND

County: Marion