NOTICE OF DEFAULT AND ELECTION TO SELL REAL PROPERTY BY TRUSTEE 1. Grantor: Real Estate Acquisitions LLC and Sergio Recinos Manzo Trustee: Engred Chai, Esq., c/o Armstrong Chai, 610 SW Alder Street, Suite 300, Portland, Oregon 97205 Beneficiary: Grace C. Lee 2. Property Description: 44125 SW Gaston Road, Gaston, Oregon, legally described on Exhibit A attached. 3. Trust Deed Recording: November 2, 2020, Washington County, Oregon, Fee No: 2020-109659 (the Trust Deed. 4. Default: The Trust Deed and the obligations secured by the Trust Deed are in default for: (a) failure to pay when due, real property taxes, principal and interest payments, late fees and attorney fees; and (b) failure to remove liens or encumbrances against the Property. 5. Balance Due Secured by Trust Deed: (1) The sum of $262,602.45; (2) Interest from March 1, 2022, until paid at the rate of 5% per quarter, on all amounts due; (3) Trustee fees, attorney fees, foreclosure costs, sums required for protection of the property and additional sums secured by the Trust Deed; and (4) Less amounts paid or credited prior to the sale. 6. Sale of Property: Because of the default, the Beneficiary and the Trustee have elected to foreclose the Trust Deed by advertisement and sale pursuant to ORS Chapter 86. 7. Sale Date, Time, Place: The sale will be held at the hour of 10:30 a.m., on December 5, 2022, at the following place: front steps of the Washington County Courthouse at 145 NE 2nd Avenue, Hillsboro, Oregon. 8. Right to Cure: The right exists under ORS 86.778 (Discontinuance of foreclosure proceedings after cure of default) to have the proceeding dismissed and the Trust deed reinstated by paying the entire amount then due, together with costs, trustee fees and attorney fees, and by curing any other default complained of in the notice of default, at any time that is not later than five days before the date last set for the sale. TENANT NOTICE The property in which you are living is in foreclosure. A foreclosure sale is scheduled for December 5, 2022. The date of this sale may be postponed. Unless the lender that is foreclosing on this property is paid before the sale date, the foreclosure will go through and someone new will own this property. After the sale, the new owner is required to provide you with contact information and notice that the sale took place. The following information applies to you only if you are a bona tenant occupying and renting this property as a residential dwelling under a legitimate rental agreement. The information does not apply to you if you own this property or if you are not a bona fide residential tenant. If the foreclosure sale goes through, the new owner will have the right to require you to move out. Before the new owner can require you to move, the new owner must provide you with written notice that specifies the date by which you must move out. If you do not leave before the move-out-date, the new owner can have the sheriff remove you from the property after a court hearing. You will receive notice of the court hearing. IF YOU ARE A BONA FIDE TENANT OCCUPYING AND RENTING THIS PROPERTY AS A RESIDENTIAL DWELLING, YOU HAVE THE RIGHT TO CONTINUE LIVING IN THIS PROPERTY AFTER THE FORECLOSURE SALE FOR THE REMAINDER OF YOUR FIXED TERM LEASE, IF YOU HAVE A FIXED TERM LEASE; OR AT LEAST 90 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE. If the new owner wants to move in and use this property as a primary residence, the new owner can give you written notice and require you to move out after 90 days, even though you have a fixed term lease with more than 90 days left. You must be provided with at least 90 days written notice after the foreclosure sale before you can be required to move. A bona fide tenant is a residential tenant, who is not the borrower (property owner), or a child, spouse or parent of the borrower, and whose rental agreement: Is the result of an arms-length transaction; Requires the payment of rent that is not substantially less than fair market rent for the property, unless the rent is reduced or subsidized due to a federal, state or local subsidy; and was entered into prior to the date of the foreclosure sale. Grantor must remove any hemp plants and material that he wants to keep before the foreclosure date on the documents. FORECLOSURE SALE: RENT YOU SHOULD CONTINUE TO PAY RENT TO YOUR LANDLORD UNTIL THE PROPERTY IS SOLD OR UNTIL A COURT TELLS YOU OTHERWISE. IF YOU DO NOT PAY RENT, YOU CAN BE EVICTED. BE SURE TO KEEP PROOF OF ANY PAYMENTS YOU MAKE. You may apply your security deposit and any rent you paid in advance against the current rent you owe your landlord as provided in ORS 90.367 (Application of security deposit or prepaid rent after notice of foreclosure). To do this, you must notify your landlord in writing that you want to subtract the amount of your security deposit or prepaid rent from your rent payment. You may do this only for the rent you owe your current landlord. If you do this, you must do so before the foreclosure sale. The business or individual who buys this property at the foreclosure sale is not responsible to you for any deposit or prepaid rent you paid to your landlord. The new owner that buys this property at the foreclosure sale may be willing to allow you to stay as a tenant instead of requiring you to move out after 90 days or at the end of your fixed term lease. After the sale, you should receive a written notice informing you that the sale took place and giving you the new owners name and contact information. You should contact the new owner if you would like to stay. If the new owner accepts rent from you, signs a new residential rental agreement with you or does not notify you in writing within 30 days after the date of the foreclosure sale that you must move out, the new owner becomes your new landlord and must maintain the property. Otherwise: you do not owe rent; the new owner is not your landlord and is not responsible for maintaining the property on your behalf; and you must move out by the date the new owner specifies in a notice to you. The new owner may offer to pay your moving expenses and any other costs or amounts you and the new owner agree on in exchange for your agreement to leave the premises in less than 90 days or before your fixed term lease expires. You should speak with a lawyer to fully understand your rights before making any decisions regarding your tenancy. IT IS UNLAWFUL FOR ANY PERSON TO TRY TO FORCE YOU TO LEAVE YOUR DWELLING UNIT WITHOUT FIRST GIVING YOU WRITTEN NOTICE AND GOING TO COURT TO EVICT YOU. FOR MORE INFORMATION ABOUT YOUR RIGHTS, YOU SHOULD CONSULT A LAWYER. If you believe you need legal assistance, contact the Oregon State Bar and ask for the lawyer referral service. Contact information for the Oregon State Bar is included with this notice. If you do not have enough money to pay a lawyer and are otherwise eligible, you may be able to receive legal assistance for free. Information about whom to contact for free legal assistance is as follows: Contact Information – Oregon State Bar: 16037 SW Upper Boones Ferry Road, Tigard, OR 97224 (503) 684-3763, or toll-free in Oregon at (800) 452-7636 or you may visit its website at: http://www.osbar.org Contact Information – Washington County Legal Aid: 230 NE 2nd Avenue, Ste. 5, Hillsboro, OR 97124 (503) 648-7163 Or you may visit its website at: http://www.oregonlawhelp.org DATED: July 26, 2022 Engred Chai, Trustee Armstrong Chai 610 SW Alder Street, Ste. 300 Portland, OR 97205 (503) 227-0272 EXHIBIT A All that certain real property in the County of Washington, State of Oregon, described as follows: PARCEL I: Beginning 30.00 feet North 033′ West 15.06 feet North 89 27′ East 936.55 feet North 56 18′ East and 270.06 feet North 43 26′ 30 East from the Southeast corner of The D. McLeod Donation Land Claim No. 49 in Section 36
ad: 260993
Publication: Non-Judicial (Trustee Sales)
Section: Legals
Start Date: 2022/10/12
End Date: 2022/11/03
City: PORTLAND
County: Washington