TRUSTEE’S NOTICE OF SALE Reference is made to that certain Line of Credit Commercial Deed of Trust and Assignment of Rents (Security Agreement and Fixture Filing) (the Trust Deed) made by Stark-Northern Development Company LLC, an Oregon limited liability company, as grantor ( the Grantor), to David R. Ambrose, as the trustee, in favor of Blum Family Dynasty, Inc., an Oregon corporation, as beneficiary, dated August 13, 2018, and recorded on September 14, 2018, as Instrument No. 2018-096611, in the Official Records of Multnomah County, Oregon, covering the Grantor’s interest in the following described real property situated in the above-mentioned county and state, to-wit: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF MULTNOMAH, STATE OF OR, AND IS DESCRIBED AS FOLLOWS: LOT 2, BLOCK 4, NEWELL PARK, EXCEPT THAT PORTION TAKEN FOR THE WIDENING OF SE STARK STREET, IN THE CITY OF GRESHAM, COUNTY OF MULTNOMAH AND STATE OF OREGON; AND LOT 1, BLOCK 4, NEWELL PARK, EXCEPT THAT PORTION TAKEN FOR THE WIDENING OF SE STARK STREET, IN THE CITY OF GRESHAM, COUNTY OF MULTNOMAH AND STATE OF OREGON; TOGETHER WITH THAT PORTION OF SE 216TH AVENUE VACATED BY ORDINANCE #4935 AND RECORDED JUNE 9, 1986 IN BOOK 1912, PAGE 677. (Said real property is referred to herein as the Property). Contemporaneously with the execution of the Trust Deed, and given to provide additional collateral to secure the debt obligations of the Grantor which are secured by the Trust Deed, Grantor also executed a Security Agreement (the Security Agreement), and an Assignment of Contracts, Plans, Licenses, Permits, and Approvals (the Assignment), covering certain personal property more particularly described as: All personal property owned by Stark-Northern Development Company LLC, an Oregon limited liability company (the Grantor), located on or at the following described real property or acquired by the Borrower with the intent to be utilized in the construction of the improvements at the following described real property: 21531 and 21551 SE Stark Street, Gresham, Oregon 97030, including, but not limited to, the following: (a) inventory, including, but not limited to, raw materials, supplies (including liquor), work in process, finished goods, and consigned, returned and repossessed goods; (b) equipment, including, but not limited to, machinery, tools, furniture, furnishings, equipment and machines; (c) accounts, including, but not limited to, deposit accounts, money, instruments, letters of credit, certificates of deposit, certificated and uncertificated securities and other investment property, documents, chattel paper, leases, security agreements, mortgages, and claims to the proceeds of policies of insurance; (d) general intangibles, including, but not limited to, contract rights, licenses, permits, intellectual property, and other government entitlements, tort claims and other things in action, and proceeds of policies of insurance; and specifically including, but not limited to, all of Grantor’s right, title, and interest in and to any and all contracts, plans, licenses, permits and approvals (collectively the Contracts) now or hereafter in effect, by and between Debtor and any other party for such party’s provision of services, labor, plans, or materials in any way related to the purchase, platting, development, improvement, or any other actions of any nature taken or to be taken regarding that property and the improvements thereon described as: Lot 2, Block 4, NEWELL PARK, EXCEPT that portion taken for the widening of SE Stark Street, in the City of Gresham, County of Multnomah and State of Oregon; and Lot 1, Block 4, NEWELL PARK, in the City of Gresham, County of Multnomah and State of Oregon; TOGETHER WITH that portion of SE 216th Avenue vacated by Ordinance #4935 and recorded June 9, 1986 in Book 1912, page 677; and also known as 21531 and 21551 SE Stark Street, Gresham, Oregon 97030; (the Premises) or any part thereof, including contracts with engineers, land surveyors, environmental consultants, utility companies, building contractors, architects, road construction contractors, marketing agents, brokers, and consultants of any kind (collectively, Contractors), together with all of Grantor’s right, title, and interest in and to all plans and specifications, drawings, reports, and studies, and all amendments, modifications, and supplements thereto; (e) all books, records and documents concerning or relating to the items described in (a) through (d) above; (f) Proceeds. All proceeds from any disposition or sale of any of the property described herein. (All personal property described herein is referred to as the Personal Property.) The Security Agreement and the Assignment are jointly referred to as the Security Instruments. Both the Beneficiary and the Trustee have elected to sell the Property and Personal Property to satisfy the obligations secured by said Trust Deed and Security Instruments and a notice of default has been recorded pursuant to Oregon Revised Statutes 86.752(3); the default for which the foreclosure is made is Grantor’s failure to pay when due the following sums, together with all subsequent sums advanced by Beneficiary pursuant to the terms and conditions of the Trust Deed and the Security Instruments, or as a result of the following action or inaction: 1. Failure of the Grantor to pay when due the following sums: the monthly interest only installment payments which came due May 13, 2020, June 13, 2020, July 13, 2020, and August 13, 2020, and the full amount of all principal and interest and other sums due under the Loan which came due no later than September 13, 2020, together with title expenses, costs, default interest, late charge, trustee’s fees and attorney fees incurred herein by reason of said default; plus any further sums advanced by the Beneficiary for the protection of the Property and the Personal Property. By reason of the default, the Beneficiary has declared all sums owing on the obligation secured by the Trust Deed and Security Instruments immediately due and payable, those sums being the following estimated amounts, to-wit: 1. Unpaid Principal: $1,630,875.56; 2. Accrued and Unpaid Interest (through and including June 15, 2021, and continuing at the daily rate provided in the Line of Credit Secured Promissory Note): $192,678.37; 3. Trustee’s Sale Guarantee Report: $3,087.00; 4. Accrued and Unpaid Default Interest (through and including June 25, 2021, and continuing at the default rate provided in the Line of Credit Secured Promissory Note): $55,274.73; 5. Legal Fees and Costs (as of June 25, 2021) (estimated): $9,000.00; 6. Subtotal: $1,890,915.66; 7. Plus title expenses, trustee’s fees, recording fees, and additional attorneys’ fees incurred herein by reason of said default and any further sums advanced by the Beneficiary for the protection of the Property and the Personal Property and its interest therein. WHEREFORE, notice hereby is given that the undersigned Trustee will on Friday, October 29, 2021, at the hour of 11:00 o’clock A.M., in accord with the standard of time established by ORS 187.110, at the following place: the front outside entrance to the Multnomah County Courthouse, located at 1200 SW First Avenue, Portland, Oregon 97204, sell at public auction to the highest bidder for cash the interest in the Property and Personal Property which the Grantor had or had power to convey at the time of the execution by Grantor of the said Trust Deed and the Security Instruments, together with any interest which the Grantor or Grantor’s successors in interest acquired after the execution of said Trust Deed and Security Instruments, to satisfy the foregoing 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 and sale of the Personal Property pursuant hereto terminated, 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 the Security Instruments, and in addition to paying said sums or tendering the performance necessary to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Trust Deed and Security Instruments, together with Trustee’s and attorney’s fees not exceeding the amounts provided by said ORS 86.778, if applicable. 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. ORS SECTION 86.771(9) Notice: 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. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. Dated: June 28, 2021. Trustee: /s/ David R. Ambrose. CONTACT INFORMATION FOR TRUSTEE’S COUNSEL: Ambrose Law Group LLC, Attn.: David R. Ambrose, 312 NW 10th Avenue, Suite 200, Portland, OR 97209-3121, Phone: 503.222.0552, Email: drambrose@ambroselaw.com Published Sep. 15, 22, 29 & Oct. 6, 2021. OL215405
ad: 215405
Publication: Non-Judicial (Trustee Sales)
Section: Legals
Start Date: 2021/09/14
End Date: 2021/10/06
Court Number: ALG # 93014/63
City: PORTLAND
County: Multnomah