NOTICE OF TRUSTEE’S SALE TS No. LO-52219-OR APN 95373 U.S. Department Of Housing And Urban Development Notice Of Default And Foreclosure Sale Recorded in accordance with 12 USCA 3764 (C) Whereas, on 12/7/2006, a certain Deed of Trust was executed by Clara M. Phillips, an unmarried person as trustor in favor of Golf Savings Bank as beneficiary, and Northwest Trustee Services, Inc. as trustee, and was recorded on 12/13/2006, as Instrument No. 200628517, in Book XX, Page XX, in the Office of the County Recorder of Yamhill County, Oregon; and Whereas, the Deed of Trust was insured by the United States Secretary of Housing and Urban Development (the Secretary) pursuant to the National Housing Act for the purpose of providing single family housing; and Whereas, the beneficial interest in the Deed of Trust is now owned by the Secretary, pursuant to an Assignment of Deed of Trust dated 12/1/2016, recorded on 12/13/2016, as instrument number 201619229, book XX, page XX, in the Office of the County Recorder, Yamhill County, Oregon; and Whereas, a default has been made in the covenants and conditions of the Deed of Trust in that the payment due on 11/2/2019, was not made due to a borrower dies and the property is not the principal residence of at least one surviving borrower and remains wholly unpaid as of the date of this notice, and no payment has been made sufficient to restore the loan to currency; and Whereas , the entire amount delinquent as of 8/24/2021 is $188,174.28; and Whereas, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Deed of Trust to be immediately due and payable; Now Therefore, pursuant to powers vested in me by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S .C. 3751 et seq., by 24 CFR part 27, subpart B, and by the Secretary’s designation of Law Offices of Jason C Tatman APC as Foreclosure Commissioner, recorded on 9/22/2020 as instrument number 202016734, book XX, page XX notice is hereby given that on 9/24/2021 at 1:00 PM local time, all real and personal property at or used in connection with the following described property will be sold at public auction to the highest bidder: Legal Description: The West 60 feet of the following described property: A part of the Peter Smith Donation Land Claim No. 64 in Section 21, Township 3 South, Range 4 West of the Willamette Meridian in Yamhill County, Oregon, described as follows: Beginning at a stake 50 feet North 89 40′ West from Northwest corner of Block 15 in Wennerberg’s Second Addition to the Town of Carlton in said Yamhill County, Oregon; thence North 89 40′ West 110 feet; thence South 00 20′ West 100 feet; thence South 89 40′ East 110 feet; thence North 00 20′ East 100 feet to the point of beginning. Commonly known as: 225 West Washington Street, Carlton, OR 97111 The sale will be held at Inside the main lobby of the Yamhill County Courthouse, 535 NE 5th Street, McMinnville. The Secretary of Housing and Urban Development will bid an estimate of $188,174.28. There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his prorata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale. When making their bids, all bidders except the Secretary must submit a deposit totaling $18,817.43 [10% of the Secretary’s bid] in the form of a certified check or cashier’s check made out to the Secretary of HUD. Each oral bid need not be accompanied by a deposit. If the successful bid is oral, a deposit of $18,817.43 must be presented before the bidding is closed. The deposit is nonrefundable. The remainder of the purchase price must be delivered within 30 days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a certified or cashier’s check. If the Secretary is the high bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveyancing fees, all real estate and other taxes that are due on or after the delivery of the remainder of the payment and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them. The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extensions will be for 15-day increments for a fee of $500.00, paid in advance. The extension fee shall be in the form of a certified or cashier’s check made payable to the Secretary of HUD. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion or the extension lee shall be applied toward the amount due. If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the foreclosure commissioner after consultation with the HUD Field Office representative, will be liable to HUD for any costs incurred as a result of such failure. The commissioner may, at the direction of the HUD field office Representative, offer the Property to the second highest bidder for an amount equal to the highest price offered by that bidder. There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant the Act. Therefore, the Foreclosure commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein. HUD does not guarantee that the property will be vacant. The amount that must be paid if the Mortgage is to be reinstated prior to the scheduled sale is $188,174.28, as of 9/23/2021, plus all other amounts that would be due under the mortgage agreement if payments under the mortgage had not been accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner’s attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure prior to reinstatement. Tender of payment by certified or chashier’s check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below. Date: 8/24/2021 Law Offices of Jason C Tatman APC U.S. Dept. of HUD Foreclosure Commissioner By: /s/Jason C Tatman 5677 Oberlin Dr., Ste 210, San Diego, CA 92121 (858) 201-3590 Fax (844) 252-6972 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On 8/24/2021 before me, Baron Tennelle Ill, a Notary Public, personally appeared Jason C. Tatman who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under Penalty Of Perjury under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal /s/Baron Tennelle Ill Notary Public My Comm. Expires July 27, 2022 Exhibit A Ref. No.: LO-52219-OR The West 60 Feet Of The Following Described Property: A Part Of The Peter Smith Donation Land Claim No. 64 In Section 21, Township 3 South, Range 4 West Of The Willamette Meridian In Yamhill County, Oregon, Described As Follows: Beginning At A Stake 50 Feet North 89 40′ West From Northwest Corner Of Block 15 In Wennerberg’s Second Addition To The Town Of Carlton In Said Yamhill County, Oregon; Thence North 89 40′ West 110 Feet; Thence South 00 20′ West 100 Feet; Thence South 89 40′ East 110 Feet; Thence North 00 20′ East 100 Feet To The Point Of Beginning. Published Sep. 1, 8 & 15, 2021. NG213572

ad: 213572

Publication: Non-Judicial (Trustee Sales)

Section: Legals

Start Date: 2021/09/01

End Date: 2021/09/15

Court Number: LO-52219-OR


County: Yamhill