2A ❚ WEDNESDAY, JANUARY 1, 2020 ❚ APPEAL TRIBUNE
PUBLIC NOTICE
PUBLIC NOTICE
TRUSTEE’S NOTICE OF SALE
The Trust Deed to be foreclosed pursuant to Oregon law is referred to as follows
(the “Trust Deed”):
Grantor: Douglas S. Peetz
Trustee: First American Title of Oregon
Beneficiary: Oregon Community Credit Union
Date: May 31, 2016
Recording Date: June 2, 2016
Recording Reference: Reel 3822, Page 463, File Records
County of Recording: Marion County
The Successor Trustee is Patrick L. Stevens and the mailing address of the Successor Trustee is: Patrick L.
Stevens, Successor Trustee, Hutchinson, Cox, Coons, Orr & Sherlock, P.C., PO Box 10886, Eugene, OR 97440.
The Trust Deed covers the following described real property in the County of Marion and State of Oregon, (“the
Property”):
THE EASTERLY 100.00 FEET OF LOT TWO (2), BLOCK SIXTEEN (16), FAIRMONT PARK ADDITION TO
SALEM, IN MARION COUNTY, OREGON.
Commonly known as: 1825 Fir Street, Salem, OR 97302.
Both the beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by
said 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:
The monthly installment payments beginning February 25, 2019 and continuing through the installment due Septem-
ber 25, 2019; plus interest and late charges; real property taxes, plus interest and penalties; and other liens and pen-
alties. Total default as of July 22, 2019 is $2,063.31.
By reason of said default, the beneficiary has declared all sums owing on the obligation secured by the trust deed
immediately due and payable, those sums being the following to wit:
$44,516.71 principal balance, plus unpaid interest through and including July 22, 2019 in the amount of $728.92, togeth-
er with interest on the principal sum of $44,516.71 with interest at the current rate of 2.99% per annum from June 23,
2019 until paid, together with insurance paid by the Beneficiary on the property, late charges and penalties, trustee
fees, attorney fees, foreclosure costs and any sums advanced by the Beneficiary pursuant to the trust deed.
The date, time and place of the sale is:
Date and Time: February 19, 2020 at 11:00 a.m.
Place: Marion County Courthouse, 100 High St. NE, Salem, OR 97301
_______________________________________
NOTICE TO RESIDENTIAL TENANTS
The property in which you are living is in foreclosure. A foreclosure sale is scheduled for February 19, 2020. The
date of this sale may be postponed. Unless the lender that is foreclosing on this property is paid before the sale date,
the foreclosure will go through and someone new will own this property. After the sale, the new owner is required to
provide you with contact information and notice that the sale took place.
The following information applies to you only if you are a bona fide tenant occupying and renting this property as a
residential dwelling under a legitimate rental agreement. The information does not apply to you if you own this
property or if you are not a bona fide residential tenant.
If the foreclosure sale goes through, the new owner will have the right to require you to move out. Before the new
owner can require you to move, the new owner must provide you with written notice that specifies the date by which
you must move out. If you do not leave before the move-out date, the new owner can have the sheriff remove you
from the property after a court hearing. You will receive notice of the court hearing.
PROTECTION FROM EVICTION
IF YOU ARE A BONA FIDE TENANT OCCUPYING AND RENTING THIS PROPERTY AS A RESIDENTIAL
DWELLING, YOU HAVE THE RIGHT TO CONTINUE LIVING IN THIS PROPERTY AFTER THE FORECLO-
SURE SALE FOR:
•THE REMAINDER OF YOUR FIXED TERM LEASE, IF YOU HAVE A FIXED TERM LEASE; OR
•AT LEAST 90 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE.
If the new owner wants to move in and use this property as a primary residence, the new owner can give you writ-
ten notice and require you to move out after 90 days, even though you have a fixed term lease with more than 90
days left.
You must be provided with at least 90 days’ written notice after the foreclosure sale before you can be required to
move.
A bona fide tenant is a residential tenant who is not the borrower (property owner) or a child, spouse or parent of
the borrower, and whose rental agreement:
•Is the result of an arm’s-length transaction;
•Requires the payment of rent that is not substantially less than fair market rent for the property, unless the rent is
reduced or subsidized due to a federal, state or local subsidy; and
•Was entered into prior to the date of the foreclosure sale.
ABOUT YOUR TENANCY BETWEEN NOW AND THE FORECLOSURE SALE:
RENT YOU SHOULD CONTINUE TO PAY RENT TO YOUR LANDLORD UNTIL THE PROPERTY IS SOLD OR
UNTIL A COURT TELLS YOU OTHERWISE. IF YOU DO NOT PAY RENT, YOU CAN BE EVICTED. BE SURE
TO KEEP PROOF OF ANY PAYMENTS YOU MAKE.
IN THE CIRCUIT COURT OF THE STATE OF
OREGON FOR THE
COUNTY OF MARION
Case No. 19CV44521
MARION COUNTY, Plaintiff, and 11863 SIL-
VERTON RD NE SILVERTON, OREGON,
et al, Defendants.
SUMMONS
TO: ANY PERSON(S) CLAIMING OWNER-
SHIP OR PROPERTY INTEREST IN 11863
SILVERTON RD NE, SILVERTON, OREGON
97381.
You are hereby required to appear and defend
the complaint filed against you in the above-en-
titled 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 the relief
demanded in the complaint.
NOTICE TO PERSONS CLAIMING OWNER-
SHIP OR PROPERTY INTEREST:
READ THESE PAPERS CAREFULLY!
You must "appear" in this case or the other side
will win automatically. To "appear" you must
file with the court a legal document called a
"motion" or "answer." The "motion" or "an-
swer" must be given to the court clerk or ad-
ministrator within 30 days along with the re-
quired filing 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 upon the plaintiff. If you have
any questions, you should see an attorney im-
mediately. If you need help in finding an attor-
ney, you may contact the Oregon State Bar’s
Lawyer Referral Service online at www.oregons
tatebar.org or by calling (503) 684-3763 (in the
Portland metropolitan area) or toll-free else-
where in Oregon at 1-800-452-7636.
The substance of this lawsuit against you alleg-
es that property owners of record for 11863 Sil-
verton Rd NE Silverton, Oregon 97381 (herein
after “the Property) are deceased, the heirs of
the property owners of record should be de-
clared the owners of the Property, that the
Property is in violation of ordinances contained
within the Marion County Code and Marion
County Zoning Code, and that the Property and
owners of the Property are subject to civil fines
for the violations of the Marion County Code
and Marion County Zoning Code. Failure to ap-
pear and defend yourself, and your claim to the
Property, will result in a judgment being en-
tered against you.
First Date of Publication: Dec. 11, 2019
Silverton Appeal
Dec. 11, 18, 25, 2019, Jan. 1, 2020
PUBLIC
POLICY NOTICES
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SECURITY DEPOSIT
You may apply your security deposit and any rent you paid in advance against the current rent you owe your land-
lord as provided in ORS 90.367. To do this, you must notify your landlord in writing that you want to subtract the
amount of your security deposit or prepaid rent from your rent payment. You may do this only for the rent you owe
your current landlord. If you do this, you must do so before the foreclosure sale. The business or individual who buys
this property at the foreclosure sale is not responsible to you for any deposit or prepaid rent you paid to your land-
lord.
ABOUT YOUR TENANCY AFTER THE FORECLOSURE SALE:
The new owner that buys this property at the foreclosure sale may be willing to allow you to stay as a tenant instead
of requiring you to move out after 90 days or at the end of your fixed term lease. After the sale, you should receive a
written notice informing you that the sale took place and giving you the new owner’s name and contact information.
You should contact the new owner if you would like to stay. If the new owner accepts rent from you, signs a new res-
idential rental agreement with you or does not notify you in writing within 30 days after the date of the foreclosure
sale that you must move out, the new owner becomes your new landlord and must maintain the property. Other-
wise:
•You do not owe rent;
•The new owner is not your landlord and is not responsible for maintaining the property on your behalf; and
•You must move out by the date the new owner specifies in a notice to you.
The new owner may offer to pay your moving expenses and any other costs or amounts you and the new owner
agree on in exchange for your agreement to leave the premises in less than 90 days or before your fixed term lease
expires. You should speak with a lawyer to fully understand your rights before making any decisions regarding your
tenancy.
IT IS UNLAWFUL FOR ANY PERSON TO TRY TO FORCE YOU TO LEAVE YOUR DWELLING UNIT WITHOUT
FIRST GIVING YOU WRITTEN NOTICE AND GOING TO COURT TO EVICT YOU. FOR MORE INFORMATION
ABOUT YOUR RIGHTS, YOU SHOULD CONSULT A LAWYER. If you believe you need legal assistance, contact
the Oregon State Bar and ask for the lawyer referral service. Contact information for the Oregon State Bar is includ-
ed with this notice. If you do not have enough money to pay a lawyer and are otherwise eligible, you may be able to
receive legal assistance for free. Information about whom to contact for free legal assistance is included with this
notice.
________________________________________
RIGHT TO CURE
The right exists under ORS 86.753 to have this foreclosure proceeding dismissed and the Trust Deed reinstated by do-
ing all of the following at any time that is not later than five days before the date last set for the sale:
(1) Paying to the Beneficiary the entire amount then due (other than such portion as would not then be due, had no
default occurred);
(2) Curing any other default complained of herein that is capable of being cured by tendering the performance re-
quired under the Trust Deed; and
(3) Paying all costs and expenses actually incurred in enforcing the Obligation and Trust Deed, together with Trust-
ee’s and attorney’s fees not exceeding the amounts provided by ORS 86.753.
________________________________________
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 “Beneficiary” include their respective successors in interest, if any.
We are a debt collector attempting to collect a debt and any information we obtain will be used to collect the debt.
Cashier’s checks for the foreclosure sale must be payable to Oregon Community Credit Union.
Dated: December 10, 2019.
/s/ Patrick L. Stevens
Patrick L. Stevens, Successor Trustee
Hutchinson Cox
Attorneys at Law
PO Box 10886
Eugene, OR 97440
Phone: (541) 686-9160
Fax: (541) 343-8693
Date of First Publication: December 25, 2019
Date of Last Publication: January 15, 2020
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