ONPOINT COMMUNITY CREDIT UNION v. ERIK HAYES; JASON HAYES; THE VILLAS AT AUTUMN CREEK CONDOMINIUM ASSOCIATION; ALL OCCUPANTS; and ALL UNKNOWN HEIRS, PERSONS OR PARTIES UNKNOWN CLAIMING AN INTEREST IN THE PROPERTY SUMMONS – CASE NO. 21CV27816 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF WASHINGTON TO: ALL UNKNOWN HEIRS, PERSONS OR PARTIES UNKNOWN CLAIMING AN INTEREST IN THE PROPERTY (collectively, Defendant), the above-named defendant. You are hereby required to appear and defend the complaint filed against you in the above entitled action within thirty (30) days from the date of the first publication of this summons, and in case of your failure to appear and answer, plaintiff for want thereof will apply to the above entitled court for the relief prayed for in its complaint, to-wit: A. FIRST CLAIM FOR RELIEF: 1. For judgment for foreclosure and sale of the Property located at 352 NE Edgeway Drive, Hillsboro, OR 97006 and a declaration of amount owed and secured by plaintiff’s Deed of Trust comprising of the unpaid principal balance of $275,559.00, plus accrued interest in the amount of $19,594.22 through June 3, 2021, plus taxes and insurance balance of $2,871.16, plus late charges of $1,183.36, plus lost draft balance of $123.00, plus interest accruing thereafter at the contract rate of 5.00 percent per annum ($37.75 per diem), from June 4, 2021, until the date said judgment is entered; plus the title search cost of $900.00; together with any additional sums required to be paid by plaintiff during the pendency of this suit for the protection of the Property and the plaintiff’s interest therein; plus plaintiff’s reasonable attorney fees, costs, and disbursements incurred herein; plus interest on the total sum in paragraph 1 at the contract rate of 5.00 percent per annum from the date judgment is entered, until paid in full; 2. That plaintiff’s Deed of Trust, dated December 18, 2019, recorded December 18, 2019, as Recording No. 2019-092003, Records of Washington County, Oregon, be declared a first lien upon the Property for the amount of the judgment prayed for herein; 3. For judgment and decree that plaintiff’s Deed of Trust upon the Property be foreclosed, and that the title, claim, interest, or demand of defendants in said Property, and every part thereof, except their statutory rights of redemption, be foreclosed; 4. For judgment and decree that the Property, with all of its appurtenances, rights, privileges, and easements be sold on execution by the Sheriff for Washington County, Oregon, after giving notice as required by law; that plaintiff may be and become a purchaser at said sale; that the Sheriff give the purchaser thereof a Certificate of Sale and, unless the Property is redeemed before the expiration of the redemption period, a deed; that said purchaser have immediate possession of the Property, and every part thereof; and that said purchaser be entitled to such remedies as are available at law to secure such position, including a writ of assistance, if defendants or any other parties or persons shall refuse to immediately surrender possession to the purchaser; and 5. That the proceeds of the sale be applied as follows: first, to pay the costs and expenses of said sale; second, to pay the judgment of plaintiff; and third, the surplus, if any, be paid to the Registry of the Court subject to further court order. WARNING: You may get offers from people who tell you they can help you keep your property. You may get offers from people who want to buy your redemption rights or all rights under ORS chapter 18. You should be careful about those offers, as a sale of your rights to a property in foreclosure may include your right to claim any surplus funds arising from the foreclosure sale. Make sure you understand any papers you are asked to sign. If you have any questions, talk to a lawyer or one of the organizations mentioned below before signing. There are government agencies and nonprofit organizations that can give you information about foreclosure and help you decide what to do. For the name and telephone number of an organization near you, please call the statewide telephone contact number at 1 (855) 480-1950. You may also wish to talk to a lawyer. If you need help finding a lawyer, you may call the Oregon State Bar’s Lawyer Referral Service at 503-684-3763 or toll-free in Oregon at 800-452-7636 or you may visit its website at: Legal assistance may be available if you have a low income and meet federal poverty guidelines. For more information and a directory of legal aid programs, go to NOTICE TO DEFENDANT: READ CAREFULLY!! YOU MUST APPEAR IN THIS CASE OR THE OTHER SIDE WILL WIN AUTOMATICALLY. TO APPEAR YOU MUST FILE WITH THE COURT A LEGAL PAPER CALLED A MOTION OR ANSWER. THE MOTION OR ANSWER (OR REPLY) MUST BE GIVEN TO THE COURT CLERK OR ADMINISTRATOR WITHIN 30 DAYS OF THE DATE OF FIRST PUBLICATION SPECIFIED HEREIN ALONG WITH THE REQUIRED FILING FEE. IT MUST BE IN PROPER FORM AND HAVE PROOF OF SERVICE ON THE PLAINTIFF’S ATTORNEY OR, IF THE PLAINTIFF DOES NOT HAVE AN ATTORNEY, PROOF OF SERVICE UPON THE PLAINTIFF. IF YOU HAVE ANY QUESTIONS, YOU SHOULD SEE AN ATTORNEY IMMEDIATELY. IF YOU NEED HELP IN FINDING AN ATTORNEY, YOU MAY CONTACT THE OREGON STATE BAR’S LAWYER REFERRAL SERVICE ONLINE AT WWW.OREGONSTATEBAR.ORG OR BY CALLING AT (503) 684-3763 (IN THE PORTLAND METROPOLITAN AREA) OR TOLL-FREE ELSEWHERE IN OREGON AT (800) 452-7636. This summons is published by order of the Honorable Theodore E. Sims, Judge of the above-entitled Court made on the 23rd day of August, 2021, directing publication of this summons once each week for four consecutive weeks in a newspaper of general circulation in Washington County, Oregon. Date of first publication: September 10, 2021 Date of last publication: October 1, 2021 Michelle M. Bertolino, OSB #912130 Of Attorneys for Plaintiff FARLEIGH WADA WITT 121 SW Morrison, Suite 600 Portland, OR 97204-3136 (503) 228-6044 Published Sep. 10, 17, 24 & Oct. 1, 2021. BT214909

ad: 214909

Publication: Miscellaneous

Section: Legals

Start Date: 2021/09/10

End Date: 2021/10/01

Court Number: 21CV27816

Owner: Farleigh Wada Witt


County: Washington