NOTICE OF DEFAULT AND FORECLOSURE SALE APN: 541613 // 093E26CC00200 TS: 099004-OR NOTICE OF DEFAULT AND FORECLOSURE SALE WHEREAS, on 5/1/2009, a certain Mortgage Deed of Trust was executed by WILLIAM LIBRANDE as trustor in favor of METLIFE HOME LOANS, A DIVISION OF METLIFE BANK, N.A. as beneficiary, and was recorded on 5/22/2009, in Book 3065, Page 208, in the Office of the Recorder of Marion County, Oregon; and WHEREAS, the Mortgage Deed of Trust was insured by the United States Secretary of Housing and Urban Development (the Secretary) pursuant to the National Housing Act for the purpose of providing single family house; and WHEREAS, the beneficial interest in the Mortgage Deed of Trust is now owned by the Secretary, pursuant to an assignment dated 9/15/2016, recorded on 9/29/2016, as instrument number 2016 00047062, book 3866, page 144, in the office of Marion County, Oregon; and WHEREAS, a default has been made in the covenants and conditions of the Mortgage Deed of Trust in that the payment due upon the death of the borrower(s) was not made and remains wholly unpaid as of the date of this notice, and no payment has been made sufficient to restore the loan to currency; and WHEREAS, the entire amount delinquent as of 8/11/2022 is $481,543.29; and WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Mortgage Deed of Trust to be immediately due and payable; NOW THEREFORE, pursuant to powers vested in me by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR part 27, subpart B, and by the Secretary’s designation of me as Foreclosure Commissioner, notice is hereby given that on 9/20/2022 at 11:00 AM local time, all real and personal property at or used in connection with the following described premises (Property) will be sold at public auction to the highest bidder: Legal Description: BEGINNING AT THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN THIS CERTAIN CONTRACT OF SALE, RECORDED SEPTEMBER 20, 1966, IN VOLUME 621, PAGE 844, DEED RECORDS, WHICH POINT IS SOUTH 0deg. 41′ EAST 247 FEET; SOUTH 88deg. 20 EAST 305.4 FEET AND NORTH 19deg. 23′ EAST 116.0 FEET FROM THE NORTHEAST CORNER OF THE DAVIS AND PARK SUBDIVISION; THENCE NORTH 88deg. 20′ WEST 195.0 FEET, MORE OR LESS, TO THE EAST LINE OF A TRACT OF LAND DESCRIBED IN THAT CERTAIN CONTRACT OF SALE, RECORDED SEPTEMBER 20, 1966, IN VOLUME 621, PAGE 839, DEED RECORDS; THENCE NORTH 0deg. 41′ WEST TO THE SOUTH LINE OF THE COUNTY ROAD AND THE NORTH LINE OF A TRACT OF LAND CONVEYED TO JACK R. BROWN, ET UX, BY DEED RECORDED IN VOLUME 526, PAGE 253, DEED RECORDS; THENCE EASTERLY ALONG THE NORTH LINE OF SAID BROWN TRACT TO THE NORTHEAST CORNER OF SAID BROWN TRACT; THENCE SOUTH 19deg. 23′ WEST ALONG THE EASTERLY LINE OF SAID BROWN TRACT TO THE PLACE OF BEGINNING, BEING SITUATED IN THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 9 SOUTH, RANGE 3 EAST OF THE WILLAMETTE MERIDIAN, MARION COUNTY, OREGON. Commonly known as: 230 E CENTRAL ST, GATES, OR 97346 The sale will be held at: AT THE HIGH STREET ENTRANCE OF THE MARION COUNTY COURTHOUSE, 100 HIGH ST NE, SALEM, OR 97301 Per the Secretary of Housing and Urban Development, the estimated opening bid will be $490,275.29. There will be no proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before closing, his pro rata share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale. When making their bids, the winning bidders with the exception of the Secretary must submit a deposit totaling ten percent (10%) of the Secretary’s estimated bid amount in the form of a certified check or cashier’s check made payable to the undersigned Foreclosure Commissioner. Ten percent of the estimated bid amount for this sale is $49,027.53. A deposit need not accompany each oral bid. If the successful bid is oral, a deposit of $49,027.53 must be presented before the bidding is closed. The deposit is nonrefundable. The remainder of the purchase price must be delivered within 30 days of the sale or at such other time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a certified or cashier’s check. If the Secretary is the highest bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveying fees, all real estate and other taxes that are due on or after the delivery date of the remainder of the payment and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them. The Secretary may grant an extension of time within which to deliver the remainder of the payment. All extensions will be for 15 day increments for a fee of: $500.00, paid in advance. The extension fee shall be in the form of a certified or cashiers check made payable to the Secretary of HUD. If the high bidder closes the sale prior to the expiration of any extension period, the unused portion of the extension fee shall be applied toward the amount due. If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the Foreclosure Commissioner after consultation with the HUD representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of the HUD representative, offer the property to the second highest bidder for an amount equal to the highest price offered by that bidder. There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as provided herein. HUD does not guarantee that the property will be vacant. The scheduled foreclosure sale shall be cancelled or adjourned if it is established, by documented written application of the mortgagor to the Foreclosure Commissioner not less than 3 days before the date of sale, or otherwise, that the default or defaults upon which the foreclosure is based did not exist at the time of service of this notice of default and foreclosure sale, or all amounts due under the mortgage agreement are tendered to the Foreclosure Commissioner, in the form of a certified or cashier’s check payable to the Secretary of HUD, before public auction of the property is completed. The amount that must be paid if the Mortgage Deed of Trust is to be reinstated prior to the scheduled sale is based on the nature of the breach, this loan is not subject to reinstatement. A total payoff is required to cancel the foreclosure sale or the breach must be otherwise cured. A description of the default is as follows: FAILURE TO PAY THE PRINCIPAL BALANCE AND ANY OUTSTANDING FEES, COSTS, AND INTEREST WHICH BECAME ALL DUE AND PAYABLE BASED UPON THE DEATH OF ALL MORTGAGORS. Tender of payment by certified or cashier’s check or application for cancellation of the foreclosure sale shall be submitted to the address of the Foreclosure Commissioner provided below. Date: August 11, 2022 CLEAR RECON CORP Foreclosure Commissioner By: Hamsa Uchi Title: Foreclosure Supervisor 1050 SW 6th Avenue, Suite 1100 Portland, OR 97204 Phone: (858) 750-7777 Fax No: (858) 412-2705 Published Aug. 31, Sep. 7 & 14, 2022. WI253421

ad: 253421

Publication: Non-Judicial (Trustee Sales)

Section: Legals

Start Date: 2022/08/31

End Date: 2022/09/14

Court Number: 099004-OR


County: Marion