NOTICE OF DEFAULT AND ELECTION TO SELL; TRUSTEE’S NOTICE OF SALE (ORS 86.705 et seq) NOTICE IS HEREBY GIVEN that the obligations secured by the Trust Deed described below is in default and the beneficiary has elected to foreclose the Trust Deed pursuant to ORS 86.705 to 86.795. No action is now pending to recover any part of the debt secured by the Trust Deed. The loan secured by the Trust Deed that is subject to this Notice was for commercial purposes and is not a residential trust deed as defined under ORS 86.705(6). Information required by ORS 86.735 and ORS 86.745 is as follows: 1. Grantor: OPAL CREEK CONSTRUCTION, LLC Trustee: STANLEY N. WAX Beneficiary: KATIE BLACHLY and CLYDE FERGUSON 2. The real property covered by the trust deed is more particularly described as follows: Real property in the County of Multnomah, State of Oregon, described as follows: A tract of land described in Deed Book 1825, Page 411, recorded May 21, 1985 in Multnomah County Deed Records, situated in the Southeast One-Quarter of Section 15, Township 1 North, Range 1 East, Willamette Meridian, Multnomah County, City of Portland, Oregon. Being more particularly described as follows: The South 51 feet of Lot 2, Block 13, Plat of Piedmont recorded in Multnomah County Plat records. EXCEPTING THEREFROM, The North 6.50 feet of the South 51 feet of Lot 2, Block 13, Plat of Piedmont recorded in Multnomah County Plat Records. Tax parcel number R243259 (More commonly known as 5723 N. Vancouver Ave, Portland, OR 97217) 3. The trustee was recorded: January 4, 2019 as Recording No. 2019-001318, Deed Records of Multnomah County. 4. The default for which foreclosure is made: A. Failure to repay the principal in the amount of $383,400.00 modified by agreement on August 8, 2019 to increase the principal to $487,231.65 modified by agreement on December 9, 2019 to increase the principal to $522,231.65 modified by agreement to increase the principal to $543,231.65 which matured and became due February 9, 2020. B. Failure to pay the accrued and unpaid interest plus any fees allowed by law in the amount of $183,990.76 as of May 10, 2022. C. Failure to provide the property or other insurance as required. D. Assigning interest in the property when prescribed by the Trust Deed. 5. The sum owing on the obligation secured by the Trust Deed is: $729,222.41 plus interest from May 10, 2022 until paid with a per diem of $154.70. 6. The beneficiary has and does elect to sell the property to satisfy the obligation. 7. WHEREFORE, notice is hereby given that the undersigned trustee will, in the manner prescribed by law, on Wednesday, October 12, 2022 at 10:00 A.M., in accordance with the standard of time established by ORS 187.110, on the front steps of 4411 NE Tillamook Street in the City of Portland, County of Multnomah, State of Oregon, sell at public auction to the highest bidder for cash the interest in the real property described above which the grantor had or had power to convey at the time of execution by grantor of the trust deed together with any interest which the grantor or grantor’s successors in interest acquired after the execution of the trust deed, to satisfy the foregoing obligations thereby secured and the costs and expenses of the sale, including a reasonable charge by the trustee. Notice is further given that for reinstatement or payoff quotes requested pursuant to ORS 86.757 and 86.759 the request must be timely communicated in a written request that complies with the statute, addressed to the Trustee either by personal delivery to the Trustee’s physical office, 4411 NE Tillamook St, Portland, OR 97213 or by first-class, certified mail, return receipt requested, addressed to the Trustee’s address set forth in this notice. Due to potential conflicts with federal law, persons having no legal or equitable interest in the subject property will only receive information concerning the lenders estimated or actual 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 the last set for the sale, to have this foreclosure proceeding dismissed and the Trust Deed reinstated 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 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, together with the Trustee’s and attorney’s fees not exceeding the amounts provided by ORS 86.778. Requests from persons named in ORS 86.778 for reinstatement quotes received less than six days prior to the date set for trustee’s sale will be honored only at the discretion of the Beneficiary or if required by the terms of the loan documents. 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 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 said Trust Deed, and the words trustee and Beneficiary included their respective successors in interest, if any. NOTICE TO TENANTS: If you are a tenant of this property, foreclosure could affect your rental agreement. A purchase who buys this property at a foreclosure sale has the right to require you to move out after giving you a notice of the requirement. If you do not have a fixed-term lease, the purchaser may require you to move out after giving you a 30-day notice on or after the date of sale. If you have a fixed-term lease, you may be entitled to receive after the date of the sale a 60-day notice, of the purchaser’s requirement that you move out. To be entitled to either a 30-day or 60-day notice, you must give the Trustee of the property written evidence of your rental agreement at least 30 days before the date first set for the sale. If you have a fixed-term lease, you must give the Trustee a copy of the rental agreement. If you do not have a fixed-term lease and cannot provide a copy of the rental agreement, you may give the Trustee other written evidence of the existence of a rental agreement. Th date that is 30 days before the date of sale is September 13, 2022. The name of the Trustee and the Trustee’s mailing address are listed in this notice. Federal law may grant you additional rights, including the right to a longer notice period. Consult a lawyer for more information about your rights under federal law. You have the right to apply your security deposit and any rest you prepaid toward your current obligation under your rental agreement. If you want to do so, you must notify your landlord in writing and in advance that you intend to do so. If you believe you need legal assistance with this matter, you may contact the Oregon State Bar Association (16037 Upper Boones Ferry Road, Tigard, OR 97224, 1-503-620-0222, toll-free in Oregon 1-800-452-8260 and ask for a lawyer referral service. If you have a low income and meet federal poverty guidelines, you may be eligible for free legal assistance; a county-by-county listing of legal aid resources may be found on the Internet at DATED: May 25, 2022. /s/ Stanley N. Wax, Trustee 4411 NE Tillamook Street Portland, OR 97213 (503) 281-3435 Published June 24, July 1, 8 & 15, 2022. BT247527

ad: 247527

Publication: Non-Judicial (Trustee Sales)

Section: Legals

Start Date: 2022/06/24

End Date: 2022/07/15


County: Multnomah