TS No: 240321120 NOTICE OF DEFAULT AND ELECTION TO SALE Re: Trust Deed from Moonshine Enterprises, LLC, an Oregon limited liability company Grantor To: Seidenwurm P.C. Successor Trustee Loan No: 20-10OR Reference is made to that certain trust deed made by Moonshine Enterprises, LLC, an Oregon limited liability company as grantor, to NexTile as issuing agent for Westcor Land Title Insurance Company as trustee, in favor of The Socotra Fund, LLC, a California Limited Liability Company, as beneficiary, dated 1/21/2020, recorded 1/28/2020, in the Records of Marion County, Oregon, as instrument No. 202000004504, Reel 4293, Page 122 covering the following described real property in the above-mentioned county and state, to wit: APN: R91205 Parcel 1: Beginning at a point which is North 89deg.34′ West 358.06 feet and South 0deg.26′ West 100 feet from the Northeast corner of Lot 1, Smith’s Fruit Farm in Township 8 South, Range 3 West of the Willamette Meridian, Marion County, Oregon; thence South 0deg.26′ West 50 feet; thence North 89deg.34′ West 192.20 feet to the Easterly line of Old Pacific Highway; thence Northerly Tracing said Easterly line 50.20 feet; thence South 89deg. 34′ East 196.62 feet to the Place of Beginning. Parcel 2: Beginning at a point in the center of a County Road {Old Pacific Highway) that is North 32deg.30′ West 471.76 feet from the Southwest corner of Lot 1, Smith’s Fruit Farms, in Township 8 South, Range 3 West of the Willamette Meridian, Marion County, Oregon; thence North 57deg. 33′ East 201.86 feet; thence North 0deg.26′ East 15.13 feet; thence South 89deg. 34′ West 252.39 feet to the South tangent of a curve in said County Road; thence South 32deg. 30′ East 148.52 feet to the Point of Beginning. Parcel 3: Beginning at a point which is North 89deg.34′ West 358.06 feet and South 0deg.26′ West 80 feet from the Northeast corner of Lot 1, Smith’s Fruit Farms, Marion County, Oregon; thence South 0deg.26′ West 20 feet; thence North 89deg. 34′ West 242.92 feet to a point on the North tangent of a curve on the County Road {Old Pacific Highway); thence North 180 6′ East 20.98 feet; thence South 89deg.34′ East 235 feet to the Place of Beginning. The undersigned 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 records of the county or counties in which the above described real property is situated. Further, 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 86.735(4). There is a default by grantor or other person owing an obligation, 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 such provision. As of the date hereof, the defaults for which foreclosure is made is grantor’s failure to pay monthly installments beginning 12/1/2023 Overdue monthly installments total $25,703.60 plus late charges of $2,570.36, adjustments totaling $3,617.45, and current foreclosure costs of $5,347.22 all of which totals $37,238.63 which is the total required to reinstate (bring current) the loan. Because of interest, late charges, and other charges that may vary from day-to-day, the amount due on the day you pay may be greater. It will be necessary for you to contact the Trustee before the time you tender reinstatement or the payoff amount so that you may be advised of the exact amount you will be required to pay. Notice hereby is given that the beneficiary, by reason of said default, has elected and does hereby elect to foreclose the trust deed by advertisement and sale pursuant to ORS 86.705 to 86.795, and to cause to be sold at public auction to the highest bidder for cash the interest in the described property which grantor had, or had the power to convey, at the time of the execution by grantor of the trust deed, together with any interest grantor or grantor’s successor in interest acquired after the execution of the trust deed, to satisfy the obligations secured by the trust deed and the expenses of the sale, including the compensations of the trustee as provided by law, and the reasonable fees of trustee’s attorneys. The Sale will be held at the hour of 10:00 AM, in accord with the standard of time established by ORS 187.110 on 8/2/2024, at the following place: On the outside steps of the main entrance of the Marion County Courthouse. 100 High Street NE, Salem which is the hour, date and place last set for sale. Other than as shown of record, neither the beneficiary nor the trustee has any actual notice of any person having or claiming to have any lien upon or interest in the real property hereinabove described subsequent to the interest of the trustee in the trust deed, or of any successor in interest to grantor or of any lessee or other person in possession of or occupying the property, except: Name and Last Known Address Moonshine Enterprises, LLC 2325 Tuscana Ave S Salem, OR 97306 Nature of Right, Lien or Interest Grantor under Deed of Trust and Current Vestee Notice is further given that any person named in ORS 86.753 has the right, at any time prior to five days before the date last set for the sale, to have this foreclosure proceeding dismissed and the trust deed reinstated by payment to the beneficiary of the entire amount then due (other than such portion of the principal as would not then be due had no default occurred) and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or trust deed, and in addition to paying the sums or tendering the performance necessary to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and trust deed, together with trustee’s and attorney fees not exceeding the amounts provided by ORS 86.753. Without limiting the trustees 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 singular includes the plural, the word grantor includes any successor in interest to this 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. If you have been previously granted a discharge through bankruptcy, you may have been released of personal liability for this loan in which case this Notice of Default and Election to Sell is intended to exercise the note holders (beneficiaries) rights against the real property only. Trustee’s Mailing Address: Seidenwurm P.C. % Total Lender Solutions, Inc. PO Box 910739 San Diego, CA 92191-0739 Trustees Physical Address: Seidenwurm P.C. % Total Lender Solutions, Inc. 10505 Sorrento Valley Road, Ste 125 San Diego, CA 92121 Toll Free (866) 535-3736 (858) 774-8859 Dated: 3/21/2024 Seidenwurm P.C., As successor trustee By: /s/ Robert Seidenwurm, President State Of California ) ) ss.: County Of San Diego ) This instrument was acknowledged before me on 3/21/2024 by Robert Seidenwurm. /s/ Rachel Beth Seropian, Notary Public My Comm. Expires Mar 12, 2027 Published June 18, 25, July 2 & 9, 2024. BT331380
ad: 331380
Publication: Non-Judicial (Trustee Sales)
Section: Legals
Start Date: 2024/06/18
End Date: 2024/07/09
Court Number: 240321120
City: PHOENIX
County: Marion