TRUSTEE’S NOTICE OF SALE The Trust

TRUSTEE’S NOTICE OF SALE The Trust Deed described herein is a residential trust deed, as defined in ORS 86.705(6). This Trustee’s Notice of Sale could be subject to the mandatory resolution conference requirements applicable to residential trust deeds being foreclosed in Oregon after July 11, 2012. See ORS 86.726. However, the lender and current beneficiary of the Trust Deed is exempt from the requirement, pursuant to ORS 86.726(1)(b). A copy of the beneficiary exemption affidavit for 2022 is on file with the Oregon Department of Justice. A copy of the Exemption Affidavit, required pursuant to ORS 86.726(1)(b), was recorded on behalf of the current Beneficiary, Beneficial State Bank, in the real property records of Clackamas County, Oregon on June 2, 2023 as Document No. 2023-018719. Reference is made to that certain Trust Deed (hereinafter Trust Deed) made by Tiffany Miller, as the Grantor, to Old Republic Title Insurance Company of Oregon, as Trustee, in favor of Albina Community Bank, as the original Beneficiary, dated October 4, 2017, recorded October 6, 2017, in the mortgage records of Clackamas County, Oregon as Document No. 2017-068235, and covering the following described real property situated in the above-mentioned county and state, to wit: Parcel 3, PARTITION PLAT 2006-065, in the County of Clackamas and State of Oregon TOGETHER WITH easement for access as shown on said plat. Property Tax Account No.: 05014497 Real property or its address is commonly known as 18104 Pilkington Road, Lake Oswego, OR 97035 (the Real Property). The undersigned hereby disclaims any liability for any incorrectness of the above-described street address or other common designation. The undersigned as successor trustee hereby certifies that no assignments of the trust deed by the Trustee or by the Beneficiary and no appointments of a successor trustee have been made except as recorded in the mortgage records of the county or counties in which the above-described Real Property is situated together with appointing Saalfeld Griggs PC as the current successor trustee; further, that no action has been instituted to recover the debt, or any part thereof, now remaining secured by the Trust Deed, or, if such action has been instituted, such action has been dismissed except as permitted by ORS 86.752(7). The Real Property will be sold to satisfy the Note identified below secured by the Trust Deed and a Notice of Default has been recorded pursuant to Oregon Revised Statutes 86.752(3); the default(s) for which the foreclosure is made are the following: There is a default by the Grantor or other persons owing an obligation, the performance of which is secured by the Trust Deed, or by the successor in interest, with respect to provisions therein which authorize sale in the event of default of such provision; the default for which foreclosure is made including the following: The failure to receive payments as detailed in the confirmed Plan of Reorganization (the Plan) for Love Bites by Carnie, Inc. in the Bankruptcy Court for the District of Oregon Case No. 21-32073-dwh11 (the Case). As a result, the Bankruptcy Court entered an Order Terminating the Enforcement Injunction on May 9, 2023 (the Termination). Pursuant to the Termination, the Beneficiary is allowed to immediately foreclose on, and obtain possession of, any non-debtor property, or otherwise enforce its claims permitted by applicable non bankruptcy law. By reason of the payments under the Plan default, the current Beneficiary has and does hereby declare all sums owing on the Promissory Note secured by the Trust Deed immediately due and payable, those sums being the following, to wit: Principal Balance: $417,524.58 Interest Due: $5,509.89* Late Charges: $1,607.32 Reconveyance Fees: $149.00 UCC Termination Fees: $27.00 Demand Fee: $30.00 Appraisal Fee: $1,280.00 Pre-Foreclosure Attorney Fees: $34,114.96 Legal Costs: $1,329.27 Total: $461,572.02* *Total does not include accrued interest at the rate of $57.98952 per diem from May 11, 2023 until paid, additional late charges, expenditures, or trustee fees, and attorney fees and costs. A total payoff amount as of a specific date is available upon written request to the successor trustee. Notice hereby is given that the current beneficiary and successor trustee, by reason of the default(s), have elected and do hereby elect to foreclose the Trust Deed by advertisement and sale pursuant to ORS 86.705 to 86.990, and to cause to be sold at public auction to the highest bidder for cash the interest in the Real Property without warranty, express or implied, which the Grantor had, or had the power to convey, at the time of the execution by Grantor of the Trust Deed, together with any interest the Grantor or Grantor’s successor in interest acquired after the execution of the Trust Deed, to satisfy the Note secured by the Trust Deed and the expenses of the sale, including the compensation of the successor trustee as provided by law, and the reasonable fees of successor trustee’s attorneys. WHEREFORE, notice hereby is given that the undersigned successor trustee will on WEDNESDAY, OCTOBER 11, 2023 at the hour of 10:00 a.m. in accord with the standard of time established by ORS 187.110, AT THE FRONT STEPS OF THE CLACKAMAS COUNTY COURTHOUSE, 807 MAIN STREET, OREGON CITY, OR 97045, COUNTY OF CLACKAMAS, STATE OF OREGON, which is the hour, date and place last set for the sale, sell at public auction to the highest bidder for cash the interest in the Real Property which the Grantor had or had power to convey at the time of the execution by Grantor of the Trust Deed, together with any interest which the Grantor or Grantor’s successors in interest acquired after the execution of the Trust Deed, to satisfy the foregoing Promissory Note secured by the Trust Deed and the costs and expenses of sale, including a reasonable charge by the successor trustee. The successor trustee intends to foreclose upon the Real Property. Notice is further given that any person named in ORS 86.778 has the right, at any time not later than five days before the date last set for the sale, to have this foreclosure proceeding dismissed and the Trust Deed reinstated by paying the entire amount then due (other than such portion of the principal as would not then be due had no default occurred), together with costs, trustee’s fees and attorney fees and costs, and by curing any other default complained of in the Notice of Default, that is capable of being cured by tendering the performance required under the Note or Trust Deed. Finally, notice is hereby given that 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 of Sale, 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 the Trust Deed, and the words Trustee and Beneficiary include their respective successors in interest, if any. The mailing address for the successor trustee, as referenced herein, is as follows: Erich M. Paetsch, OSB 993350, Vice President of Successor Trustee Saalfeld Griggs, PC, Successor Trustee P.O. Box 470 Salem, OR 97308-0470 Trustee’s Telephone Number: 503-399-1070 Dated: This 5th day of June 2023. SAALFELD GRIGGS PC, SUCCESSOR TRUSTEE /s/ Erich M. Paetsch By: Erich M. Paetsch, OSB 993350 Its: Vice President Published Aug. 8, 15, 22 & 29, 2023. BT298409

ad: 298409

Publication: Non-Judicial (Trustee Sales)

Section: Legals

Start Date: 2023/08/08

End Date: 2023/08/29

Court Number: 4872-5566-9365

City: SALEM

County: Clackamas