Image provided by: University of Oregon Libraries; Eugene, OR
About Keizertimes. (Salem, Or.) 1979-current | View Entire Issue (Oct. 7, 2016)
OCTOBER 7, 2016, KEIZERTIMES, PAGE B3 public notices NOTICE TO INTERESTED PERSONS Portland, OR 97201 Of Attorneys for Plaintiff IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION Probate Department Case No. 16PB05765 NOTICE TO INTERESTED PERSONS In the Matter of the Estate of DUDLEY LEE RUSSELL, Deceased. NOTICE IS HEREBY GIVEN that Jeannette L. Russell has been appointed as Personal Representative. All persons having claims against the Estate are required to present them, with vouchers attached, to the Personal Representative, Jeannette L. Russell, c/o Michael J. Rose, of McGinty & Belcher, Attorneys, P.C., P.O. Box 12806, Salem, Oregon, 97309, within four months after the date of fi rst publication of this notice, or the claims may be barred. All persons whose rights may be affected by the proceedings may obtain additional information from the records of the court, the personal representative, or the attorneys for the personal representative. Date of fi rst publication: September 30, 2016. Dated this 21st day of September, 2016. Michael J. Rose, OSB #144194 Attorney for Personal Representative Personal Representative Jeannette L. Russell 3396 Fir Tree Drive SE Salem, OR 97317 (503) 999-6939 Attorney for Personal Representative Michael J. Rose, OSB # 144194 P.O. Box 12806 Salem, OR 97309 (503) 371-9636 fax: (503) 371-2879 e-mail: mike@mcginty-belcher.com 9/30, 10/7, 10/14 SUMMONS BY PUBLICATION This is an action for Judicial Foreclosure of real property commonly known as 1782 Jentif Ct. NE, Keizer, OR 97303. A motion or answer must be given to the court clerk or administrator within 30 days of the date of the fi rst publication specifi ed herein along with the required fi ling fee. IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION Case No. 16CV22011 SUMMONS BY PUBLICATION ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE REAL PROPERTY COMMONLY KNOWN AS 1782 JENTIF CT. NE, KEIZER, OR 97303 NATIONSTAR LLC, MORTGAGE Plaintiff, v. TROY M. DONAHUE; KRISTINA N. DONAHUE; MIDLAND FUNDING, LLC and ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE REAL PROPERTY COMMONLY KNOWN AS 1782 JENTIF CT. NE, KEIZER, OR 97303, Defendants. TO DEFENDANT ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE REAL PROPERTY COMMONLY KNOWN AS 1782 JENTIF CT. NE, KEIZER, OR 97303: IN THE NAME OF THE STATE OF OREGON: You are hereby required to appear and defend the action fi led against you in the above- entitled cause within 30 days from the date of service of this Summons upon you; and if you fail to appear and defend, for want thereof, the Plaintiff will apply to the court for the relief demanded therein. Dated: September 27, 2016 ALDRIDGE PITE, LLP By: /S/ Stephanie L. Beale Stephanie L. Beale, OSB #136474 (858) 750-7600 (503) 222-2260 (Facsimile) sbeale@aldridgepite.com Aldridge Pite, LLP 111 SW Columbia Street, Suite 950 NOTICE TO DEFENDANT/DEFENDANTS READ THESE PAPERS CAREFULLY You must “appear” in this case or the other side will win automatically. To “appear” you must fi le with the court a legal paper called a “motion” or “answer”. The “motion” or “answer” must be given to the court clerk or administrator within 30 days (or 60 days for Defendant United States or State of Oregon Department of Revenue) along with the required fi ling fee. It must be in proper form and have proof of service on the plaintiff’s attorney or, if the plaintiff does not have an attorney, proof of service on the plaintiff. If you have questions, you should see an attorney immediately. If you need help in fi nding 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. 10/7, 10/14, 10/21, 10/28 TRUSTEE’S NOTICE OF SALE TRUSTEE’S NOTICE OF SALE Reference is made to that certain trust deed made by HEATHER R LEAKS, A MARRIED PERSON AND LORENZO LEAKS, A MARRIED PERSON as grantor, to FIDELITY NATIONAL TITLE INS CO as trustee, in favor of WELLS FARGO BANK, N.A. as benefi ciary, dated December 11, 2009, recorded January 22, 2010, in the mortgage records of Marion County, Oregon, as Document No. Reel 3144 Page 77, and assigned to WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST on May 3, 2016 in the records of Marion County, Oregon, as Document No. Reel 3813 Page 236, covering the following described real property situated in said county and state, to wit: ALL THAT CERTAIN PARCEL OF LAND SITUATE IN THE COUNTY OF MARION, STATE OF OREGON, BEING KNOWN AND DESIGNATED AS FOLLOWS: LOT 2, BLOCK 32, HIGHLAND AVENUE ADDITION, SALEM, MARION COUNTY, OREGON. BEING THE SAME PROPERTY AS DESCRIBED IN DEED REEL 2932, PAGE 449, DATED 03/19/2008 AND RECORDED 03/21/2008 IN MARION COUNTY RECORDS. PROPERTY ADDRESS: 2665 Laurel Ave NE, Salem, OR 97303 There is a default by the grantor or other person owing an obligation or by their successor in interest, the performance of which is secured by said trust deed, or by their 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 is grantors’ failure to pay when due the following sums: monthly payments in the total amount of $24,326.09 beginning April 1, 2014; plus accrued late charges in the total amount of $244.93; plus other fees and costs in the amount of $2,713.99; together with title expense, costs, trustee’s fees and attorney’s fees incurred herein by reason of said default; any further sums advanced by the benefi ciary for the protection of the above described real property and its interest therein; and prepayment penalties/premiums, if applicable. By reason of said default, the benefi ciary has declared all sums owing on the obligation secured by said trust deed immediately due and payable, said sums being the following, to wit: $106,513.31 with interest thereon at the rate of 5.50000 percent per annum beginning March 1, 2014; plus escrow advances in the total amount of $5,227.58; plus accrued late charges in the total amount of $244.93; plus other fees and costs in the amount of $2,607.00; together with title expense, costs, trustee’s fees and attorney’s fees incurred herein by reason of said default; any further sums advanced by the benefi ciary for the protection of the above described property and its interest therein; and prepayment penalties/ premiums, if applicable. WHEREFORE, notice is hereby given that the undersigned trustee will on January 30, 2017, at the hour of 11:00 AM, in accord with the standard of time established by ORS 187.110, at Marion County Courthouse Front Entrance, 100 High Street, Salem, OR 97301, in the City of Salem, County of Marion, State of Oregon, sell at public auction to the highest bidder for cash the interest in the real property described above, 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 obligations thereby secured and the costs and expenses of the sale, including reasonable charges by the trustee. Notice is further given that any person named in ORS 86.778 has the right, at any time that is not later than fi ve days before the date last set for the sale, to have this foreclosure proceeding dismissed and the trust deed reinstated by payment to the benefi ciary of the entire amount then due (other than such portion of the principle 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 those 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 and attorney fees not exceeding the amounts provided by ORS 86.778. 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 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 benefi ciary” include their respective successors in interest, if any. Robinson Tait, P.S. 901 Fifth Avenue, Suite 400 Seattle, WA 98164 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE RECEIVED A DISCHARGE OF THE DEBT REFERENCED HEREIN IN A BANKRUPTCY PROCEEDING, THIS LETTER IS NOT AN ATTEMPT TO IMPOSE PERSONAL LIABILITY UPON YOU FOR PAYMENT OF THAT DEBT. IN THE EVENT YOU HAVE RECEIVED A BANKRUPTCY DISCHARGE, ANY ACTION TO ENFORCE THE DEBT WILL BE TAKEN AGAINST THE PROPERTY ONLY. 9/30, 10/7, 10/14, 10/21 TRUSTEE’S NOTICE OF SALE TRUSTEE’S NOTICE OF SALE (Matured Loan) Reference is made to that certain trust deed made by Erika L. Renoud, David M. Renoud, Arlene L. Brenden, Bradley M. Brenden, Renee A. Almquist and Curtis A. Almquist as the grantor, Wells Fargo Financial National Bank as the trustee, and Wells Fargo Bank, National Association, as the benefi ciary under that certain Deed of Trust dated November 13, 2003, recorded on December 12, 2003, as Reel 2249 Page 386 in the records of Marion County, Oregon, covering the following described real property situated in the above-mentioned county and state, to wit: Lot 3, BROWN’S ADDITION “B”, in the City of Silverton, Marion County, Oregon Property Address: 301 S. James Street, Silverton, OR 97381 Both the benefi ciary and the trustee have elected to sell the real property to satisfy the obligations secured by the trust deed and a notice of default has been recorded pursuant to Oregon Revised Statutes 86.735(3); the default for which the foreclosure is made is grantor’s failure to pay when due the following sums as of July 5, 2016, 2016: CURRENT BALANCE: $67,206.44 INTEREST: $ 2,544.61 LEGAL EXPENSES/COSTS: Accruing Interest continues to accrue at the stated rate of 4.74% per annum or $8.85 per day. WHEREFORE, notice is hereby given that the undersigned trustee will on December 2, 2016, at the hour of 1:00 p.m., in accord with the standard of time established by ORS 187.110, at the front of the main entrance of the Marion County Courthouse, 100 High Street, NE, Salem, Oregon 97301, County of Marion, State of Oregon sell at public auction to the highest bidder for cash the interest in the real property described above which the grantor has or had power to convey at the time of the execution by grantor of the trust deed together with any interest which the grantor’s or grantor’s successors in interest acquired after the execution of the trust deed, to satisfy the foregoing obligations thereby secured and the costs and expenses of the sale, including a reasonable charge by the trustee. Notice is further given that any person named in ORS 86.753 has the right, at any time prior to fi ve days before the date last set for the sale, to have this foreclosure proceeding dismissed by payment of the entire amount then due and by paying all costs and expenses actually incurred in enforcing the obligation and trust deed, together with trustee and attorney fees not exceeding the amounts provided by ORS 86.753. If you fi led bankruptcy, this notice is not an attempt to collect a debt, but instead allows the creditor to enforce its lien. If you were an obligor on this account prior to the fi ling of a bankruptcy and Wells Fargo has received an order granting relief from the automatic stay or you have received a discharge or surrendered the property in full satisfaction of the debt, Wells Fargo is exercising its rights under the security agreement as allowed by law. Wells Fargo is not attempting to collect or recover the debt as your personal liability. By providing you this notice, Wells Fargo is complying with federal and statutory notice requirements. If the amount requested is not received by the stated date, Wells Fargo may exercise its right to enforce its lien. NOTICE TO TENANTS: If you are a tenant of this property, foreclosure could affect your rental agreement. A purchaser who buys this property at a foreclosure sale has the right to require you to move out after giving you notice of the requirement. If you do not have a fi xed- term lease, the purchaser may require you to move out after giving you a 30-day notice on or after the date of the sale. If you have a fi xed-term lease, you may be entitled to receive after the date of the sale a 60-day notice of the purchaser’s requirement that you move out. To be entitled to either a 30-day or 60-day notice, you must give the trustee of the property written evidence of your rental agreement at least 30 days before the date fi rst set for the sale. If you have a fi xed-term lease, you must give the trustee a copy of the rental agreement. If you do not have a fi xed-term lease and cannot provide a copy of the rental agreement, you may give the trustee other written evidence of the existence of the rental agreement. The date that is 30 days before the date of the sale is November 2, 2016. The name of the trustee and the trustee’s mailing address are listed on this notice. Federal law may grant you additional rights, including a right to a longer notice period. Consult a lawyer for more information about your rights under federal law. You may have the right to apply your security deposit and any rent you prepaid toward your current obligation under your rental agreement. If you want to do so, you must notify your landlord in writing and in advance that you intend to do so. If you believe you need legal assistance with this matter, you may contact the Oregon State Bar and ask for the lawyer referral service at 800-452-7636. If you have a low income and meet federal poverty guidelines, you may be eligible for free legal assistance. NOTICE UNDER THE FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. 1692 1) The amount of the debt is stated in the Trustee’s Notice of Sale. 2) The benefi ciary as named in the Trustee’s Notice of Sale is the original creditor to whom the debt was owed; if the debt has been assigned, the Trustee’s Notice of Sale will name the current holder of the benefi cial interest. 3) The debt described herein will be assumed to be valid by the Trustee unless the debtor, within thirty (30) days after the receipt of this notice, disputes the validity of the debt or some portion thereof. 4) If the debtor notifi es the Trustee in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the Trustee will provide a verifi cation of the debt, and a copy of the verifi cation will be mailed to the debtor by the Trustee. 5) If the creditor named as benefi ciary in the Trustee’s Notice of Sale is not the original creditor, and if the debtor makes a written request to the Trustee within thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the trustee. 6) Written request should be addressed to James P. Laurick, at Kilmer, Voorhees & Laurick, P.C., 732 NW 19th Avenue, Portland, Oregon 97209. In construing this notice, 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 “benefi ciary” include their respective successors in interest, if any. DATED: July 12, 2016. James P. Laurick, Trustee State of Oregon, County of Multnomah )ss. On this 12th day of July, 2016, before me, a Notary Public in and for said County and State, personally appeared James P. Laurick, personally known to me to be the person whose name subscribed to the within instrument and acknowledged that he executed the same. SUBSCRIBED AND SWORN to before me this 12th day of July, 2016, by James P. Laurick. LEANNE TAKAE L’HOMMEDIEU NOTARY PUBLIC FOR OREGON My Commission Expires: 05/07/2019 State of Oregon, County of Multnomah ) ss. I, the undersigned, certify that I am the attorney or one of the attorneys for the above named trustee and that the foregoing is a complete and exact copy of the original Trustee’s Notice of Sale. James P. Laurick Attorney for Trustee 9/23, 9/30, 10/7, 10/14 TRUSTEE’S NOTICE OF SALE TRUSTEE’S NOTICE OF SALE Terry D. Nelson, as Grantor, made, executed, and delivered to Amerititle, as Trustee (Sherman Sherman Johnnie and Hoyt, LLP is now the duly appointed Successor Trustee), in favor of Oregon Employees Federal Credit Union (now known as Heritage Grove Federal Credit Union), as Benefi ciary, that certain trust deed November 10, 2010, and recorded on November 15, 2010, as Reel 3233, Page 226, of the Records of Marion County, Oregon, (“the Trust Deed”). The Trust Deed covers the following described real property situated in said County and State, commonly known as 1255 Cherry Place, Stayton, Oregon 97338: Lot Two, Crawfordsville, a Subdivision in the City of Stayton, Marion County, Oregon. Property ID R103449. 1 The Benefi ciary and the Trustee have elected to sell the real property to satisfy the obligations secured by the Trust Deed and a notice of default has been recorded pursuant to ORS 86.752(3); The default for which foreclosure is made is Grantor’s failure to pay when due the monthly installments according to the terms of the promissory note, secured by the Trust Deed described above, as follows: $4,713.00 Past due monthly payment as of 6/20/16; $200.00 Foreclosure guarantee;=$4,913.00 TOTAL PAST DUE as of 6/20/16. By power given the Benefi ciary under the Trust Deed, Benefi ciary herewith declares all sums due under the Trust Deed to be immediately due, owing, and payable without further demand The true amount due and owing the Benefi ciary by the Grantor herein is as follows: $18,715.88 Principal; $1,736.63 Unpaid interest balance; $25.00 D e f a u l t interest to 7/8/2015; $200.00 Foreclosure guarantee; = $20,677.51 Balance due on Trust Deed as 6/20/2016, interest accrues thereafter at the rate of 6.99% per annum ($3.5842 per diem) on the principal amount, from 6/20/2016, until paid in full. Notice is hereby given that the undersigned, will on Tuesday, November 22, 2016, at 10:00 o’clock a.m., Pacifi c Time, on the front steps of the Marion County Courthouse, 100 High St. NE, Salem, Oregon, 2 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 them of the Trust Deed, 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 ORS 86.778 has the right to have the foreclosure proceeding dismissed and the Trust Deed reinstated by payment of the entire amount due (other than such portion of said principal as would not then be due had not default occurred), together with costs, trustee’s and attorney’s fees as provided by ORS 86.778, and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation of the Trust Deed at any time prior that is not later than fi ve (5) days before the date set for said sale. 3 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. ———————————————————— This communication is from a debt collector. 4This is an attempt to collect a debt, and any information obtained will be used for that purpose. Pursuant to this act, attorneys are deemed to be debt collectors and this communication is therefore from a debt collector. In construing this notice, 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 “benefi ciary” include their respective successors in interest if any. Sherman Sherman Johnnie & Hoyt, LLP, Successor Trustee, By: John D. Albert 10/7, 10/14, 10/21, 10/28 See more legals on page A7