NOTICE OF TRUSTEE’S SALE Loan No

NOTICE OF TRUSTEE’S SALE Loan No: DVKOCR TIGARD T.S. No.: 21-00166-2FNT Reference is made to that certain Line of Credit Instrument, Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing made by DVKOCR Tigard, LLC, an Oregon limited liability company, as the original grantor (the Grantor), to Stewart Title Company, as the original trustee, in favor of L-0 Tigard Finance, LLC, a Delaware limited liability company, as the original beneficiary, dated as of December 12, 2018, and recorded on December 14, 2018, as Instrument No. 2018-083986, of Official Records in the Office of the Recorder of Washington County, Oregon, covering the following described real property situated in the above-mentioned county and state, (the Deed of Trust):Lots 10 through 38 inclusive, Block 10, WEST PORTLAND HEIGHTS, in the City of Tigard, County of Washington, State of Oregon (the Real Property) Commonly known as: 11799 SW 69th Avenue, Tigard, OR / R286023 The current beneficiary is: L-0 Tigard Finance, LLC, a Delaware limited liability company (the Beneficiary). The current trustee is: Fidelity National Title Insurance Company (the Trustee). Beneficiary has elected and hereby elects to proceed as to both the personal property and the Real Property in accordance with the rights with respect to the Real Property, pursuant to the provisions of ORS 79.0604 UCC 9-604(1 )(b) and to include in the non-judicial foreclosure of the estate described in this Notice of Trustee’s Sale all of the personal property and fixtures described in the Deed of Trust, and attached hereto as EXHIBIT A All assets of Grantor, whether owned or existing on or about December 12, 2018 or later acquired or arising and wheresoever located, and all proceeds and products thereof. All right, title, interest and privileges of Grantor in and to all streets, ways, roads and alleys used in connection with or pertaining to the Real Property, and together with all development rights or credits, air rights, water, water rights and water stock related to such Real Property, and all minerals, oil and gas, and other hydrocarbon substances in, on or under the Real Property, and all appurtenances, easements, rights and rights of way appurtenant or related thereto; all buildings, other improvements and fixtures now or hereafter located on the Real Property, including, but not limited to, all apparatus, equipment, and appliances used in the operation or occupancy of the Real Property, it being intended by the parties that all such items shall be conclusively considered to be part of the Real Property, whether or not attached or affixed to the Real Property (the Improvements); all interest or estate which Grantor may have acquired in the Real Property, and all additions and accretions thereto, and the proceeds of any of the foregoing; (all of the foregoing being collectively referred to as the Property). The listing of specific rights or property shall not be interpreted as a limit of general terms. All goods, building and other materials, supplies, work in process, equipment, machinery, fixtures, furniture, furnishings, signs and other personal property, embedded software therein, wherever situated, which are or are to be incorporated into, used in connection with, or appropriated for use on (i) the Real Property and incorporated by reference herein (to the extent the same are not effectively made a part of the Real Property pursuant to Section 1.1 of the Deed of Trust) or (ii) the Improvements (which Real Property and Improvements are collectively referred to herein as the Property); all after acquired title, and all right, title, interest and privileges of Grantor in and to all streets, ways, roads and alleys used in connection with or pertaining to such Real Property, and together with all development rights or credits, air rights, water, water rights and water stock related to such Real Property, and all minerals, oil and gas, and other hydrocarbon substances in, on or under the Real Property, and all appurtenances, easements, rights and rights of way appurtenant or related thereto; all buildings, other improvements and fixtures now or hereafter located on the Real Property, including, but not limited to, all apparatus, equipment, and appliances used in the operation or occupancy of the Real Property, it being intended by the parties that all such items shall be conclusively considered to be a part of the Real Property, whether or not attached or affixed to the Real Property; together with all rents, issues, deposits and profits of the Property (to the extent, if any, they are not subject to Article 3); all inventory, accounts, cash receipts, deposit accounts, accounts receivable, contract rights, general intangibles, chattel paper (whether electronic or tangible), instruments, documents, notes, drafts, letters of credit, letter of credit rights, supporting obligations insurance policies, insurance and condemnation awards and proceeds, any other rights to the payment of money, trade names, trademarks and service marks arising from or related to the ownership, management, leasing or operation of the Property or any business now or hereafter conducted thereon by Grantor; all rights of Grantor under any interest rate hedge, cap, swap or similar agreement; all permits consents, approvals, licenses (including, without limitation, in respect of liquor), authorizations and other rights granted by, given by or obtained from, any governmental entity with respect to the Property (to the extent possible); all deposits or other security now or hereafter made with or given to utility companies by Grantor with respect to the Property; all advance payments of insurance premiums made by Grantor with respect to the Property; all plans, drawings and specifications relating to the Property; all loan funds held by Beneficiary, whether or not disbursed; all funds deposited with Beneficiary or another depository pursuant to the Loan Agreement or any other Loan Documents; all reserves, deferred payments, deposits, accounts, refunds and payments of any kind related to the Property or any portion thereof; together with all replacements and proceeds of, and additions and accessions to, any of the foregoing; together with all books, records and files relating to any of the foregoing. All of Grantor’s right, title and interest in the following, whether in possession of Grantor, warehousemen, bailees or any other person or entity, and whether located at the Property or wherever else, and whether now existing or hereafter created or acquired (collectively, Collateral): (a) funds on deposit with Beneficiary, (b) accounts, (c) chattel paper, (d) deposit accounts, (e) deposits (including deposits on any fixtures or personal property that may be subject to a lease agreement, conditional sale agreement or chattel mortgage), (f) documents, (g) equipment, (h) escrows, (i) fixtures, (j) general intangibles (including payment intangibles), (k) goods, (I) instruments (including promissory notes), (m) inventory, (n) investment property, (o) letter of credit rights and (p) supporting obligations (as all such terms are defined in the Uniform Commercial Code). In addition, the word Collateral also includes all of the following whether now owned or hereafter acquired, whether now existing or hereafter arising, and wherever located: (A) All accessions, attachments, accessories, tools, parts, supplies, replacements and additions to any of the Collateral, whether added now or later. (B) All products and proceeds of any of the Collateral. (C) All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of a sale, lease, or other disposition of any of the Collateral. (D) All proceeds (including insurance proceeds) for the sale, destruction, loss or other disposition of any of the Collateral, and sums due from a third party who has damaged or destroyed any of the Collateral or from that party’s insurer, whether due to judgment, settlement or other process. (E) All records and data relating to any of the Collateral, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with all of Grantor’s right, title and interest in and to all computer software required to utilize, create, maintain, and process any such records or data on electronic media. Capitalized terms not defined herein shall have the same meaning as those in the Promissory Note dated as of December 12, 2018 between Grantor and Beneficiary (the Note), the Security Agreement dated as of December 12, 2018 between Grantor and Beneficiary (the Security Agreement), the Deed of Trust and/or any other loan documents. Beneficiary reserves the right to revoke its election as to some or all of said personal property and/or fixtures, or to add additional personal property and/or fixtures to the election herein expressed, at Beneficiary’s sole election, from time to time and at any time until the consummation of the Trustee’s sale to be conducted pursuant to the Deed of Trust and this Notice of Trustee’s Sale. Both Beneficiary and Trustee have elected to sell the said Real Property to satisfy the obligations secured by the Deed of Trust and notice has been recorded pursuant to Section 86.752(3) of Oregon Revised Statutes: the default(s) for which the foreclosure is made is that the Grantor(s): failed to pay payments which became due; and all subsequent payments; together with late charges due; together with default rate interest due; failed to pay attorneys’ fees and expenses; failed to pay other fees and expenses incurred by Beneficiary; and which defaulted amounts total: $2,851,099.48 as of November 1,2021. By this reason of said default Beneficiary has declared all sums owing on the obligation secured by said Deed of Trust immediately due and payable, said sums being the following, to wit: The sum of $23,800,000.00 together with interest thereon at the default rate of 13.5% per annum from November 1, 2020 until paid; plus all accrued late charges thereon; together with title expense, costs, trustee’s fees and attorney’s fees incurred herein by reason of said default; and any further sums advanced by Beneficiary for the protection of the above described real property and its interest therein. NOTICE is hereby given that FIDELITY NATIONAL TITLE INSURANCE COMPANY, as the duly appointed Trustee under the Deed of Trust will on March 9, 2022 at the hour of 11:00 AM, in accordance with the standard of time, as established by ORS 187.110, at the following place: on the steps of the 2nd Avenue entrance of the Courthouse, 145 N.E. 2nd, Hillsboro, County of Washington, State of Oregon, sell at public auction to the highest bidder for cash the interest in the said described real property which the Grantor had or had power to convey at the time of the execution of the Deed of Trust, together with any interest which the Grantor or Grantor’s successor(s) in interest acquired after the execution of the Deed of Trust, to satisfy the foregoing obligations thereby secured and the costs and expenses of sale, including a reasonable charge by Trustee. Notice is further given that any request for reinstatement or payoff quotes requested pursuant to ORS 86.786 and 86.789 must be timely communicated in a written request that complies with ORS 86.786 addressed to Trustee by personal delivery to Trustee or certified mail, return receipt requested. Due to the potential conflicts with federal law, persons having no record legal or equitable interest in the subject property will only receive information concerning the lender’s bid. 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 deed of trust reinstated by payment to 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 described herein that is capable of being cured by tendering the performance required under the obligation or Deed of Trust, 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 Deed of Trust, together with Trustee’s and attorney’s fees. FOR FURTHER INFORMATION, PLEASE CONTACT FIDELITY NATIONAL TITLE INSURANCE COMPANY, 1101 Investment Blvd., Suite 170, El Dorado Hills, CA 95762 916-636-0114 FOR SALE INFORMATION CALL: 1.866.684.2727 Website for Trustee’s Sale Information: www.servicelinkasap.com In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word Grantor includes any successor in interest to the Grantor as well as any other persons owing an obligation, the performance of which is secured by said Deed of Trust, the words Trustee” and Beneficiary include their respective successors in interest

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Publication: Non-Judicial (Trustee Sales)

Section: Legals

Start Date: 2022/01/26

End Date: 2022/02/17

Court Number: 21-00166-2FNT

City: IRVINE

County: Washington