TRUSTEE’S NOTICE OF SALE TS No

TRUSTEE’S NOTICE OF SALE TS No. OR01000003-23-1 APN 1N1E34CD-07000 TO No 230282197-OR-MSI TRUSTEE’S NOTICE OF SALE Reference is made to that certain DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING (LINE OF CREDIT INSTRUMENT) made by, 408 5TH AVE PORTLAND PROPCO, LLC, A DELAWARE LIMITED LIABILITY COMPANY as Grantor to FIDELITY NATIONAL TITLE INSURANCE COMPANY as Trustee, in favor of FIRST INTERSTATE BANK as Beneficiary dated as of December 12, 2019 and recorded on December 16, 2019 as Instrument No. 2019-137480 of official records in the Office of the Recorder of Multnomah County, Oregon to-wit: APN: 1N1E34CD-07000 LOT 7 AND 8, BLOCK 64, CITY OF PORTLAND, COUNTY OF MULTNOMAH AND STATE OF OREGON. PERSONAL PROPERTY The word Collateral means the following described property of Debtor, located on or used in connection with the operation of the Property described below, whether now owned or hereafter acquired, whether now existing or hereafter arising, and wherever located: (a) All policies of insurance and all claims, demands or proceeds relating to such insurance or condemnation awards, recoveries or settlements which Debtor now has or may hereafter acquire with respect to the real property more particularly described as follows: Lots 7 and 8, Block 64, CITY OF PORTLAND, County of Multnomah and State of Oregon or any portion thereof or the improvements situated thereon (collectively such real property and improvements are referred to herein as, the Property), including all advance payments of insurance premiums made by the Debtor with respect thereto; (b) All existing and future inventory, furnishings, fixtures, equipment, supplies, construction materials, goods and other tangible personal property, which are now or hereafter owned or acquired by Debtor or in which Debtor now or at any time has rights, wherever located or used or usable in connection with the Property, and whether located at, placed upon or about, or affixed or attached to or installed in or on the Property or any part thereof, or located elsewhere in the possession of Debtor or any warehouseman, bailee, contractor, supplier or any other person, and used or to be used in connection with or otherwise relating to the Property or the ownership, use, development, construction, maintenance, management, operation, marketing, leasing or occupancy thereof, and all accessories, attachments, parts, or repairs and substitutions of or to any of such property, including but not limited to all appliances, furniture and furnishings, findings, materials, suppliers, equipment and fixtures, and all building material, supplies, and equipment now or hereafter delivered to the Property and installed or used or intended to be installed or used therein whether stored on the Property or elsewhere; and all renewals or replacements thereof or articles in substitution thereof; (c) All (i) accounts, chattel paper, deposit accounts, money, documents and instruments (whether negotiable or nonnegotiable), contract rights, insurance policies, and all rights to payment of any kind relating to or otherwise arising in connection with or derived from the Property, (ii) refunds, rebates, reserves, deferred payments, deposits, cost savings, letters of credit, and payments of any kind due from or payable by (A) any federal, state, municipal or other governmental or quasi-governmental agency, authority or district (individually, a Governmental Agency), or (B) any insurance or utility company, in either case relating to any or all of the Property, (iii) refunds, rebates and payments of any kind due from or payable by any Governmental Agency for any taxes, assessments, or governmental or quasi-governmental chargers or levies imposed upon Debtor with respect to or upon any or all the Property, and (iv) guarantees of any of the foregoing and any security therefore, (v) cash funds and cash collateral accounts maintained pursuant to any of the loan documents secured by or referred to in the certain Deed of Trust of even date herewith executed by Debtor, as Grantor, in favor of Lender, as Beneficiary, and recorded in the Official Records of the County and State where the Property is located, and (vi) proceeds and claims arising on account of any damages to or taking of the Property or any part thereof, and all causes of action and revenues for any loss or diminution in the value of the Property or improvements; (d) All general intangibles relating to or arising out of the ownership, design, development, operation, management and use of the Property and construction of the improvements, including, but not limited to, (i) all names under which or by which the Property or the improvements may at any time be operated or known, all rights to carry on business under any such names or any variants thereof, and all goodwill in any way relating to the Property, (ii) all permits, licenses, authorizations, variances, land use entitlements, approvals and consents issued or obtained in connection with the construction of the improvements, (iii) all permits, licenses, approvals, consents, authorizations, franchises and agreements issued or obtained in connection with the use, occupancy or operation of the Property, (iv) all rights as a declarant (or its equivalent) under any covenants, conditions and restrictions or other matters of record affecting the Property, (v) all materials prepared for filing or filed with any governmental agency, (vi) all rights under any contract in connection with the development, design, use, operation, management and construction of the Property, (vii) all books and records prepared and kept in connection with the acquisition, construction, operation and occupancy of the Property and the improvements, and (viii) all royalties, fees and goodwill associated with any of the foregoing (subject to any franchise or license agreements relating thereto); (e) Whether or not included in clause (d), above, all water stock, shares of stock or other evidence of ownership of any part of the Property that is owned by the Debtor in common with others, and all documents of membership in any owners’ or members’ association or similar group having responsibility for managing or operating any part of the Property, and all documents of membership in any membership facility developed on the Property; (f) All bonding, security, construction, architectural, engineering, development, financing, guaranty, indemnity, maintenance, management, service, supply and warranty agreements, commitments, contracts and subcontracts, all insurance policies, and all licenses and bonds, in any way pertaining to the development, construction, use, operation and maintenance of the Property and any business of Debtor therein conducted, and all guarantees of any of the foregoing and any security therefore; (g) All sales agreements, escrow agreements, deposit receipts and other documents and agreements for the sale or other disposition of all or any part of the real or personal property described herein, and deposits, proceeds and benefits arising from the sale or other disposition of all or any part of such real or personal property; (h) All engineering and architectural drawings, plans, specifications, soils tests and reports, feasibility studies, appraisals, engineering reports, manuals, computer software, studies, data and drawings pertaining to any or all of the Collateral described in clauses (a) through (g), above, and all contracts and agreements relating to the aforesaid plans and specifications or to the aforesaid studies, data and drawings; (i) All ledger sheets, files, records, documents and instruments (including, but not limited to, computer programs, tapes, and related electronic data processing software) evidencing an interest in or relating to the foregoing Collateral described in clauses (a) through (h), above, or in this clause (i); and (j) All additions and accretions to, substitutions and replacements for, and proceeds and products of, any of the foregoing. Commonly known as: 408 SW 5TH AVE., PORTLAND, OR 97204 Both the Beneficiary, FIRST INTERSTATE BANK, and the Trustee, Nathan F. Smith, Esq., OSB #120112, have elected to sell the said real property to satisfy the obligations secured by said Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Line of Credit Instrument) and notice has been recorded pursuant to Section 86.752(3) of Oregon Revised Statutes. The default for which the foreclosure is made is the Grantor’s failure to pay: The secured loan obligation has matured December 12, 2022. Therefore, the unpaid principal, along with all remaining interest, fees, expenses and charges are all due and payable. By this reason of said default the Beneficiary has declared all obligations secured by said Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Line of Credit Instrument) immediately due and payable, said sums being the following, to-wit: The sum of $19,073,387.20 together with interest thereon from October 1, 2022 until paid, plus default interest, late charges, attorney fees and receiver funding; and all Trustee’s fees, foreclosure costs and any sums advanced by the Beneficiary pursuant to the terms of said Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Line of Credit Instrument). Wherefore, notice is hereby given that, the undersigned Trustee will on November 13, 2023 at the hour of 11:00 AM, Standard of Time, as established by Section 187.110, Oregon Revised Statues, outside at the main front entrance to the courthouse, 1200 SW 1st Avenue, Portland OR 97204 County of Multnomah, sell at public auction to the highest bidder for cash the interest in the said described real property which the Grantor had or had power to convey at the time of the execution by him of the said Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Line of Credit Instrument), together with any interest which the Grantor or his successors in interest acquired after the execution of said Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Line of Credit Instrument), 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 any person named in Section 86.778 of Oregon Revised Statutes has the right to have the foreclosure proceeding dismissed and the Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Line of Credit Instrument) reinstated by payment to the Beneficiary of the entire amount then due (other than such portion of said principal as would not then be due had no default occurred), together with the costs, Trustee’s or attorney’s fees and curing any other default complained of in the Notice of Default by tendering the performance required under the obligation or Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Line of Credit Instrument), at any time prior to five days before the date last set for sale. 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 masculine gender includes the feminine and the neuter, the singular includes plural, the word Grantor includes any successor in interest to the Grantor as well as any other persons owing an obligation, the performance of which is secured by said Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Line of Credit Instrument), the words Trustee and Beneficiary includes their respective successors in interest, if any. Dated: June 28, 2023 By: Nathan F. Smith, Esq., OSB #120112 c/o Special Default Services, Inc. 17100 Gillette Ave, Irvine, CA 92614 (949) 225-5945 Order Number 93073, Pub Dates: 7/12/2023, 7/19/2023, 7/26/2023, 8/2/2023, THE OUTLOOK Published July 12, 19, 26 & Aug. 2, 2023 OL295303

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