Trustee Sale No.: F22-00019 OR Trustee’s Notice of Sale Loan No.: THI VI PORTLAND LLC Title Order No.: NCS-1119599-DC72 Pursuant to O.R.S. 86.705, et seq. and O.R.S. 79-5010, et seq. Reference is made to that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (the Deed of Trust) for which Wells Fargo Bank, National Association, Solely In Its Capacity As Trustee For The Benefit Of The Certificateholders Of Morgan Stanley Capital I Trust 2019-PLND, Commercial Mortgage Pass-Through Certificates, Series 2019-PLND (the Beneficiary), whose address is c/o CWCapital Asset Management LLC, 900 19th Street, NW, 8th Floor, Washington, DC 20006, Attention: David Smith, is the current beneficiary, THI VI Portland LLC, a Delaware limited liability company, and THI VI Portland Lessee LLC, a Delaware limited liability company, each of whose address is c/o Brookfield Asset Management, 250 Vesey Street, 15th Floor, New York, New York 10281, Attention: Amy Lancaster, Senior Vice President, and c/o Brookfield Asset Management, 799 9th Street NW, Suite 260, Washington D.C. 20001, Attention Lisa Strauss, Vice President, are, collectively, the grantor/trustor (the Grantor), Lawyers Title Of Oregon, Llc, an Oregon limited liability company, whose address is c/o Fidelity National Title Insurance Company, 1455 SW Broadway, Suite 1400, Portland, OR 97201, is the original trustee, and Morgan Stanley Bank, N.A., a national banking association, whose address is 1585 Broadway, 25th Floor, New York, New York 10036, was the original beneficiary, which Deed of Trust is dated as of April 26, 2019 and was recorded on 04/26/2019 as Document No. 2019-041696, of Official Records in the office of the Recorder of Multnomah, OREGON, covering the following described real and personal property (collectively, the Property) situated in said county and state to wit: Legal Description: See Attached Exhibit A Personal Property Description: See Attached Exhibit B APN: R246326 and R531569 PROPERTY COMMONLY KNOWN AS: 921 SW 6th Ave, Portland, OR 97204 and 545 SW Taylor, Portland, OR 97204 ZBS Law, LLP, whose address is c/o Assured Lender Services, Inc., 111 Pacifica, Suite 140, Irvine, CA 92618 is the current trustee (the Trustee) under the Deed of Trust. Both the Beneficiary and the Trustee have elected to sell the real property to satisfy the obligations secured by the Deed of Trust and a notice of default has been recorded pursuant to Oregon Revised Statutes 86.752(3); the default for which foreclosure is made is: The unpaid balance of principal which became all due and payable on 05/09/2021, which is the amount of 240,000,000.00 as of the date of this notice, plus interest, default interest, late charges, advances, costs and expenses, interest on advances, special servicing fees, liquidation fees, payoff fees, and foreclosure fees and costs. The total amount due as secured by the Deed of Trust as of 4/7/22 is $277,260,005.94, as set forth as follows: Unpaid Principal balance $240,000,000.00 Interest $15,472,746.67 Default Interest $15,788,734.74 Late Charges $267,768.12 Lender Advances, Costs and Expenses $4,035,652.57 Foreclosure Fees & Costs $51,610.00 Interest on Advances $500,060.56 Special Servicing Fees $540,833.28 Liquidation Fee $600,000.00 Payoff Fee $2,600.00 Total Due $277,260,005.94 By reason of said default, the Beneficiary has declared all sums owing on the obligation secured by said Deed of Trust immediately due and payable including, without limitation, the unpaid and outstanding principal amount of the promissory note made by the Grantor in connection with the obligation secured by said Deed of Trust in the original principal amount of 240,000,000.00 plus all amounts referenced herein and all subsequent amounts accruing hereafter until paid, including, without limitation, interest, default interest, late charges, advances, costs and expenses, interest on advances, special servicing fees, liquidation fees, payoff fees, and foreclosure fees and costs. WHEREFORE, notice hereby is given that the undersigned Trustee will on 09/13/2022 at the hour of 10:00AM. in accord with the standard of time established by Oregon Revised Statutes (ORS) 187.110, at the following place: the main entrance of the Multonomah County Courthouse, 1200 SW First Avenue Portland, OR 97204, sell at public auction to the highest bidder for cash the interest in the described Property which the Grantor had or had power to convey at the time of the execution by Grantor of the Deed of Trust, together with any interest which the Grantor or Grantor’s successors 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 the trustee. Notice is further given that reinstatement or payoff quotes requested pursuant to ORS 86.786 must be timely communicated in a written request that complies with that statute addressed to the Trustee’s Urgent Request Desk either by personal delivery to the Trustee’s physical offices (call for address) or by first class, certified mail, return receipt requested, addressed to the Trustee’s at the address set forth in this notice. Due to 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 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 last set for the sale, to have this foreclosure proceeding dismissed and the Deed of Trust 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 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 not exceeding the amounts provided by said 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 the trustee’s sale will be honored only at the discretion of the Beneficiary or if required by the terms of the subject loan documents relating to the Deed of Trust. 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. 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 Deed of Trust, and the words Trustee and Beneficiary include their respective successors in interest, if any. The Property Covered In This Action Includes All Such Real Property And The Personal Property In Which The Beneficiary Has A Security Interest Described In Exhibits A And B Attached Hereto, Respectively, It Being The Election Of The Beneficiary To Cause A Unified Sale To Be Made Of Said Real And Personal Property In Accordance With The Provisions Of ORS 79.0604(1). For Sale Information Call: 877-440-4460 or Login to: www.mkconsultantsinc.com Dated: May 6, 2022 ZBS Law, LLP By /s/ Amber L. Labrecque, Esq., OSB 094593 Title: Managing Attorney, Authorized to Sign on Behalf of the Trustee Physical Address: Amber L. Labrecque, Esq. ZBS Law, LLP 5 Centerpointe Drive, Suite 400-47 Lake Oswego, OR 97035 For further information, please contact: ZBS Law, LLP c/o Assured Lender Services, Inc. 111 Pacifica, Suite 140 Irvine, CA 92618 714-508-7373 Fax: 714-505-3831 Exhibit A Real property in the County of Multnomah, State of Oregon, described as follows: Parcel I: All of Block 181, CITY OF PORTLAND, as recorded March 6, 1869, in Plat Book 2, Page 2, in the City of Portland, County of Multnomah and State of Oregon. PARCEL II: Hotel Unit of Hilton Mark-Taylor Condominium, as set forth in Condominium Declaration recorded October 2, 2002 as Recording No. 2002-176803 in the City of Portland, County of Multnomah and State of Oregon. Together With those limited common elements appurtenant to said Unit as set forth in said Declaration. And Together With an undivided fractional ownership of the general common elements of said Condominium as set forth in the said Declaration and in any subsequent amendments thereto as appurtenant to said Unit. Parcel III: An easement for the benefit of Parcel II Hotel Unit to install and maintain tie-back anchors and such other encroachments as may be necessary for the subjacent or lateral support thereof, as granted in that certain document entitled Agreement, dated and recorded March 16, 1999 as Recording No. 99052918, as amended and supplemented in documents recorded May 16, 2000 as Recording No. 2000-068097, recorded December 22, 2003 as Recording No. 2003-297339 and April 22, 2004 as Recording No. 2004-069009. Parcel IV: Easements for the benefit of the Parcel II Hotel Unit granted in that certain document entitled Declaration Submitting Hilton Mark-Taylor Condominium to Condominium Ownership, recorded October 2, 2002 as Recording No. 2002-176803. Tax Parcel Number: R246326 and R531569 Exhibit B All property, rights, interests and estates whatsoever of THI VI Portland LLC, a Delaware limited liability company (Borrower), and THI VI Portland Lessee LLC, a Delaware limited liability company (Operating Lessee; Borrower and Operating Lessee may collectively be referred to as Grantor), now owned or hereafter acquired by Grantor to the full extent of Grantor’s right, title, and interest therein, including hereafter acquired rights, interests, and property, and all products and proceeds thereof and additions and accessions thereto from any or all of the following (collectively, the Property): All of Grantor’s interest in the Fixtures, the Equipment, the Personal Property, and other property constituting the Subject Property to the full extent that the Fixtures, the Equipment, the Personal Property, and such other property may be subject to the UCC; All of Operating Lessee’s right, title, and interest, existing now or hereafter acquired, as the lessee under the Lease Agreement (the Operating Lease), dated as of September 10, 2015, as amended from time to time, entered into between Borrower, as landlord, and Operating Lessee, as tenant, pursuant to which Operating Lessee has leased from Borrower on the land described on Exhibit A to the Notice of Trustee’s Sale to which this Exhibit B is attached (the Land); All goods, building and other materials, supplies, inventory, work in process, equipment, machinery, fixtures, furniture, furnishings, signs and other personal property and embedded software included therein and supporting information, wherever situated, which are or are to be incorporated into, used in connection with, or appropriated for use on the Subject Property; together with all Payments and other rents and security deposits derived from the Subject Property; all inventory, accounts, cash receipts, deposit accounts (including impound accounts, if any), accounts receivable, contract rights, licenses (including, without limitation, any licenses between Borrower and Operating Lessee), agreements, general intangibles, payment intangibles, software, chattel paper (whether electronic or tangible), instruments, documents, promissory notes, drafts, letters of credit, letter of credit rights, supporting obligations, insurance policies, insurance and condemnation awards and proceeds, proceeds of the sale of promissory notes, any other rights to the payment of money, trade names, trademarks and service marks arising from or related to the ownership, management, leasing, operation, sale or disposition of the Subject Property or any business now or hereafter conducted thereon by Grantor; all development rights and credits, and any and all permits, consents, approvals, licenses, authorizations and other rights granted by, given by or obtained from, any governmental entity with respect to the Subject Property; all water and water rights, wells and well rights, canals and canal rights, ditches and ditch rights, springs and spring rights, and reservoirs and reservoir rights appurtenant to or associated with the Subject Property, whether decreed or undecreed, tributary, non-tributary or not non-tributary, surface or underground or appropriated or unappropriated, and all shares of stock in water, ditch, lateral and canal companies, well permits and all other evidences of any of such rights; all deposits or other security now or hereafter made with or given to utility companies by Grantor with respect to the Subject Property; all advance payments of insurance premiums made by Grantor with respect to the Subject Property; all plans, drawings and specifications relating to the Subject Property; all loan funds held by Lender, whether or not disbursed; all funds deposited with Lender pursuant to any loan agreement; all reserves, deferred payments, deposits, accounts, refunds, cost savings and payments of any kind related to the Subject Property or any portion thereof; all of Grantor’s right, title and interest, now or hereafter acquired, to the payment of money from Lender to Grantor under any swap, derivative, foreign exchange or hedge transaction or arrangement (or similar transaction or arrangement howsoever described or defined) at any time entered into between Grantor and Lender in connection with the Loan, including, without limitation, the Derivative Contract; all FF&E; 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 leases, subleases, licenses or occupancy agreements of the Subject Property or any portion thereof (including, without limitation, the Existing Leases and the Operating Lease and any license executed in connection therewith), and all other agreements of any kind relating to the management, leasing, operation, use or occupancy of the Subject Property or any portion thereof, whether now existing or entered into after the date hereof (Leases); and (b) the rents, revenue, hotel revenue, income, receipts, reserves, issues, deposits and profits of the Subject Property, including, without limitation, all amounts payable and all rights and benefits accruing to Grantor under the Leases, whether existing or hereafter arising (Payments); All awards of damages and all other compensation payable directly or indirectly by reason of a condemnation or proposed condemnation for public or private use affecting all or any part of, or any interest in, the Subject Property or Collateral; all other claims and awards for damages to, or decrease in value of, all or any part of, or any interest in, the Subject Property or Collateral; all proceeds of any insurance policies (whether or not expressly required by Lender to be maintained by Grantor, including, but not limited to, earthquake insurance and terrorism insurance, if any) payable by reason of loss sustained to all or any part of the Subject Property or Collateral; and all interest which may accrue on any of the foregoing; 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 Land and any improvements thereon, all development rights or credits, licenses and permits, air rights, water, water rights and water stock related to the real property, and all minerals, oil and gas, and other hydrocarbon substances in, on or under the real property, and all appurtenances, easements, estates, tenements, hereditaments, privileges, rights and rights of way appurtenant or related thereto; any and all rights of Grantor, as a declarant, under any covenants, conditions, and restrictions now or hereafter pertaining to the Land; all buildings and 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 (the Improvements); all interest or estate which Grantor may hereafter acquire in the property described above, and All additions and accretions thereto, and the proceeds of any of the foregoing (all of the foregoing being collectively referred to as the Subject Property). All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in that certain Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated April 26, 2019, executed by Grantor, as trustor, in favor of Lawyers Title of Oregon, LLC, as trustee, for the benefit of Morgan Stanley Bank, N.A., as beneficiary (the Deed of Trust) which was recorded on April 26
ad: 242868
Publication: Non-Judicial (Trustee Sales)
Section: Legals
Start Date: 2022/07/05
End Date: 2022/07/26
Court Number: F22-00019 OR
City: PHOENIX
County: Multnomah