Summons

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF WASHINGTON CASE NUMBER: 23CV06841 SUMMONS NATHAN F. SMITH, as successor trustee, Plaintiff-Interpleader, vs. SEAN CAPPS; CENTRAL PARC AT BETHANY CONDOMINIUMS, Defendants. To: SEAN CAPPS You are hereby required to appear and defend the interpleader complaint filed against you in the above-entitled action within thirty (30) days from the date of service of this summons upon you and in case of your failure to do so, for want thereof, plaintiff(s) will apply to the court for relief demanded in the interpleader complaint. This case relates to real property commonly known as 15054 NW Central Drive 805, Portland, Oregon 97229, which was subject to foreclosure, and was subsequently sold by Plaintiff-Interpleader at trustee’s sale on January 5, 2022 WHEREFORE, Plaintiff-Interpleader prays for judgment as follows: 1. That the Court enter an order: a. granting Plaintiff-Interpleader leave to deposit the Surplus Funds from the trustee’s sale in the Court Registry; b. restraining and enjoining Defendants from commencing, prosecuting, or pursuing any suit or action or any other proceeding against Plaintiff-Interpleader for payment of the Surplus Funds; c. requiring any Defendant who claims any right or interest to the Surplus Funds to resolve such claims in this interpleader action; and d. discharging and releasing Plaintiff-Interpleader from all liability to Defendants for any and all claims arising from the Surplus Funds; 2. For Plaintiff-Interpleader’s costs, disbursements, and reasonable attorney fees incurred in prosecuting this interpleader action; and 3. For such other and further relief as the Court deems just and proper. NOTICE TO THE DEFENDANT: READ THESE PAPERS CAREFULLY! You must appear to protect your rights in this matter. To appear you must file with the court a legal paper called a motion or reply. The motion or reply must be given to the court clerk or administrator within 30 days along with the required filing fee. It must be in proper form and have proof of service on the defendant’s attorney or, if the defendant does not have an attorney, proof of service on the defendant. If you have questions, you should see an attorney immediately. If you need help in finding an attorney, you may contact the Oregon State Bar’s Lawyer Referral Service online at www.oregonstatebar.org or by calling (503) 684-3763 (in the Portland metropolitan area) or toll-free elsewhere in Oregon at (800) 452-7636. This summons is published by Order of the Honorable Theodore E. Sims, Judge of the above-entitled Court, signed the 30th day of May, 2023. /s/ Nathan F. Smith Nathan F. Smith, OSB #120112 Attorney for Plaintiff-Interpleader MALCOLM CISNEROS, A Law Corporation 2112 Business Center Drive Irvine, California 92612 Phone: (949) 252-9400 Fax: (949) 252-1032 Email: nathan@mclaw.org Published June 13, 20, 27 & July 4, 2023 BT292366

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