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About Illinois Valley news. (Cave City, Oregon) 1937-current | View Entire Issue (April 21, 2010)
Page 12 Illinois Valley News, Cave Junction, Ore. Wednesday, April 21, 2010 LEGAL NOTICE TRUSTEE’S NOTICE OF SALE T.S. No.: OR-10- 346719-SH Reference is made to that certain deed made by PAUL D. SWANSON AND DORIS A. SWANSON , HUSBAND AND WIFE AS JOINT TENANTS as Grantor to First American Title In- surance Company of Oregon, as Trustee, in favor of Mortgage Electronic Registration Systems, Inc., as nominee for Axis Mortgage & Investment, A division of the Biltmore Bank of Arizona A division of the Biltmore Bank of Arizona, as Beneficiary, dated 10/18/2005, recorded 10/31/2005, in official records of Josephine County, Oregon, in book/ reel/volume No. xxx, at page No. xxx fee/file/ instrument/microfile/reception No. 2005-025223 covering the following described real property situ- ated in said County and State, to wit: APN: R323967 Please See Attached For Legal Exhibit “A” REF. No.: OR-10-346719 Parcel 1: the south- east quarter of the southeast quarter of the north- west quarter of the southwest quarter of section 1, township 37 south, range 6 west of the Willamette Meridian, Josephine County, Oregon. Parcel 2: an easement for ingress and egress to be used in common with others, over that portion of an exist- ing roadway known as west intervale road lying within the following described tract, to-wit: A tract of land situated in the northeast quarter of the southwest quarter of section 1, township 37 south, range 6 west, of the Willamette Meridian, Jose- phine County, Oregon, more particularly described as follows: Beginning at a 1 1/2 inch diameter iron pipe, which monuments the southwest corner of the northeast quarter of the southwest quarter of said section 1; thence north 00º06' east 356.79 feet to a 5/8 inch diameter iron rod; thence east 338.16 feet to the westerly right of way line of the New Hope Road, said point being monumented with a 5/8 inch diameter iron rod; thence south 21º19' west along said right of way line, 383.06 feet; thence south 89º59' east 199.53 feet to the point of beginning. Commonly known as: 182 WEST INTERVALE ROAD GRANT PASS, OR 97527 Both the beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said trust deed and notice has been recorded pursuant to Section 86.735 (3) of Oregon Revised Statutes; the default for which the foreclosure is made is the grantor’s: The in- stallments of principal and interest which became due on 12/1/2006, and all subsequent installments of principal and interest through the date of this Notice, plus amounts that are due for late charges, delinquent property taxes, insurance premiums, advances made on senior liens, taxes and/or insurance, trustee’s fees, and any attorney fees and court costs arising from or associated with the beneficiaries efforts to protect and pre- serve its security, all of which must be paid as a condition of reinstatement, including all sums that shall accrue through reinstatement or pay-off. Nothing in this notice shall be construed as a waiver of any fees owing to the Beneficiary under the Deed of Trust pursuant to the terms of the loan documents. Monthly Payment $1,250.00 Monthly Late Charge $62.50 By this reason of said default the beneficiary has declared all obli- gations secured by said trust deed immediately due and payable, said sums being the following, to wit: The sum of $180,000.00 together with inter- est thereon at the rate of 8.0000 per annum from 11/1/2006 until paid; plus all accrued late charges thereon; and all trustee’s fees, foreclosure costs and any sums advanced by the beneficiary pursu- ant to the terms of said deed of trust. Whereof, notice hereby is given that, LSI Title Company of Oregon, LLC, the undersigned trustee will, on 8/17/2010, at the hour of 01:00 PM, Standard of Time, as established by section 187.110, Oregon Revised Statutes, at the front door to the Jose- phine County Courthouse, 500 NW 6th Street Grants Pass, OR County of Josephine, State of Oregon, 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 execution by him of the said trust deed, together with any interest which the grantor or his successors in interest acquired after the execution of said trust deed, to satisfy the foregoing obligations thereby secured and the costs and expenses of sale, including a reason- able charge by the trustee. Notice is further given that any person named in section 86.753 of Ore- gon Revised Statutes has the right to have the foreclosure proceeding dismissed and the trust deed reinstated by payment to the beneficiary of the entire amount then due (other than such por- tion of said principal as would not then be due had no default occurred), together with the costs, trus- tee’s and attorney’s fees and curing any other default complained of in the Notice of Default by tendering the performance required under the obligation or trust deed, at any time prior to five days before the date last set for sale. For Sale Information Call: 714-573-1965 or Login to www.priorityposting.com. 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 trust deed, the words “trustee” and “beneficiary” include their respective successors in interest, if any. Pursuant to Oregon Law, this sale will not be deemed final until the Trustee’s deed has been issued by LSI Title Company of Oregon, LLC. If there are any irregularities discovered within 10 days of the date of this sale, that the trustee will rescind the sale, return the buyer’s money and take further action as necessary. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee’s Attorney. NO- TICE TO RESIDENTIAL TENANTS The property in which you are living is in foreclosure. A foreclo- sure sale is scheduled for 8/17/2010. Unless the lender who is foreclosing on this property is paid, the foreclosure will go through and someone new will own this property. The following information applies to you only if you occupy and rent this property as a residential dwelling under a legiti- mate rental agreement. The information does not apply to you if you own this property or if you are not a residential tenant. If the foreclosure goes through, the business or individual who buys this property at the foreclosure sale has the right to require you to move out. The buyer must first give you an eviction notice in writing that specifies the date by which you must move out. The buyer may not give you this notice until after the foreclosure sale happens. If you do not leave before the move-out date, the buyer can have the sheriff remove you from the property after a court hear- ing. You will receive notice of the court hearing. FEDERAL LAW REQUIRES YOU TO BE NOTI- FIED IF YOU ARE OCCUPYING AND RENTING THIS PROPERTY AS A RESIDENTIAL DWELL- ING UNDER A LEGITIMATE RENTAL AGREE- MENT, FEDERAL LAW REQUIRES THE BUYER TO GIVE YOU A NOTICE IN WRITING A CER- TAIN NUMBER OF DAYS BEFORE THE BUYER CAN REQUIRE YOU TO MOVE OUT. THE FED- ERAL LAW THAT REQUIRES THE BUYER TO GIVE YOU THIS NOTICE IS EFFECTIVE UNTIL DECEMBER 31, 2012. Under federal law, the buyer must give you at least 90 days' notice in writing before requiring you to move out. If you are renting this property under a fixed-term lease (for example, a six-month or one-year lease), you may stay until the end of your lease term. If the buyer wants to move in and use this property as the buyer's primary residence, the buyer can give you written notice and require you to move out after 90 days, even if you have a fixed-term lease with more than 90 days left. STATE LAW NOTIFICA- TION REQUIREMENTS IF THE FEDERAL LAW DOES NOT APPLY, STATE LAW STILL RE- QUIRES THE BUYER TO GIVE YOU NOTICE IN WRITING BEFORE REQUIRING YOU TO MOVE OUT IF YOU ARE OCCUPYING AND RENTING THE PROPERTY AS A TENANT IN GOOD FAITH. EVEN IF THE FEDERAL LAW REQUIRE- MENT IS NO LONGER EFFECTIVE AFTER DE- CEMBER 31, 2012, THE REQUIREMENT UN- DER STATE LAW STILL APPLIES TO YOUR SITUATION. Under state law, if you have a fixed- term lease (for example, a six-month or one-year lease), the buyer must give you at least 60 days' notice in writing before requiring you to move out. If the buyer wants to move in and use this prop- erty as the buyer's primary residence, the buyer can give you written notice and require you to move out after 30 days, even if you have a fixed term lease with more than 30 days left. If you are renting under a month-to-month or week-to-week rental agreement, the buyer must give you at least 30 days' notice in writing before requiring you to move out. IMPORTANT: For the buyer to be re- quired to give you a notice under state law, you must prove to the business or individual who is handling the foreclosure sale that you are occupy- ing and renting this property as a residential dwell- ing under a legitimate rental agreement. The name and address of the business or individual who is handling the foreclosure sale is shown on this notice under the heading "TRUSTEE". You must mail or deliver your proof not later than 7/18/2010 (30 days before the date first set for the foreclosure sale). Your proof must be in writing and should be a copy of your rental agreement or lease. If you do not have a written rental agree- ment or lease, you can provide other proof, such as receipts for rent paid. ABOUT YOUR SECU- RITY DEPOSIT Under state law, you may apply your security deposit and any rent you paid in advance against the current rent you owe your landlord. 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 busi- ness 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 landlord. ABOUT YOUR TENANCY AFTER THE FORE- CLOSURE SALE The business or individual who 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. You should contact the buyer to discuss that possibility if you would like to stay. Under state law, if the buyer accepts rent from you, signs a new residential rental agree- ment 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 buyer becomes your new landlord and must maintain the property. Otherwise, the buyer is not your landlord and is not responsible for maintaining the property on your behalf and you must move out by the date the buyer specifies in a notice to you. YOU SHOULD CONTINUE TO PAY RENT TO YOUR LANDLORD UNTIL THE PROPERTY IS SOLD TO ANOTHER BUSINESS OR INDIVIDUAL OR UNTIL A COURT OR A LENDER TELLS YOU OTHERWISE. IF YOU DO NOT PAY RENT, YOU CAN BE EVICTED. AS EXPLAINED ABOVE, YOU MAY BE ABLE TO APPLY A DEPOSIT OR RENT YOU PREPAID AGAINST YOUR CUR- RENT RENT OBLIGATION. BE SURE TO KEEP PROOF OF ANY PAYMENTS YOU MAKE AND OF ANY NOTICE YOU GIVE OR RECEIVE CON- CERNING THE APPLICATION OF YOUR DE- POSIT OR PREPAID RENT. IT IS UNLAWFUL FOR ANY PERSON TO TRY TO FORCE YOU TO LEAVE YOUR HOME WITHOUT FIRST GO- ING TO COURT TO EVICT YOU. FOR MORE INFORMATION ABOUT YOUR RIGHTS, YOU MAY WISH TO 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 included with this notice. If you do not have enough money to pay a lawyer or are otherwise eligible, you may be able to receive legal assis- tance for free. Information about whom to contact for free legal assistance is included with this no- tice. Oregon State Bar (503) 684-3763; (800) 452- 7636 Legal assistance: www.lawhelp.org/or/ index.cfm Dated: 4/9/2010 LSI Title Company of Oregon, LLC, as Trustee 3220 El Camino Real Irvine, CA 92602 Signature By: Brooke Frank, Assistant Secretary Quality Loan Service Corp. of Washington, as agent for LSI Title Company of Oregon, LLC 2141 5th Avenue San Diego, CA 92101 619-645-7711 For Non-Sale Information: Quality Loan Service Corp. of Washington 2141 5th Avenue San Diego, CA 92101 619-645-7711 Fax: 619-645-7716 If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holder’s rights against the real property only. This Office is attempting to collect a debt and any information obtained will be used for that purpose. As required by law, you are hereby notified that a negative credit report reflecting on your credit re- cord may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. P# 689295 TRUSTEE’S NOTICE OF SALE T.S. No.: OR-09- 272695-SH Reference is made to that certain deed made by ROBERT HATCHER as Grantor to First American Title Insurance, as Trustee, in favor of Mortgage Electronic Registration Systems, Inc., as nominee for First Horizon Home Loan Corpora- tion, as Beneficiary, dated 12/11/2006, recorded 12/14/2006, in official records of Josephine County, Oregon, in book/reel/volume No. XXX, at page No. XXX fee/file/instrument/microfile/ reception No. 2006-025041 covering the following described real property situated in said County and State, to wit: APN: R331523 R344091 Exhibit “A” Real property in the County of Josephine, State of Oregon, described as follows: Beginning at the center of section 2, township 40 south, range 8 west of the Willamette Meridian, Jose- phine County Oregon; thence east 433 feet to the west right of way line of the Bridgeview and Takilma County Road; thence north 20 degrees 24' east along said right of way line 446 feet, to the top of the south bank of the diversion cut for what is know as Hopkins Slough; thence north- westerly along the top of said bank with its mean- dering's 525 feet, more or less, to the mouth of said cut; thence west 364 feet to the line between the east half and west half of section 2, township 40 south, range 8 west of the Willamette Meridian, Josephine County Oregon; thence south along said line 854 feet, more or less to the point of be- ginning. excepting therefrom; that portion con- veyed to Josephine County (public works), a politi- cal subdivision of the State of Oregon, as dis- closed in warranty deed recorded October 10, 2006 as document no. 2006-020385. Note: This legal description was created prior to January 1, 2008. Tax Parcel Number: R331523 and R344091 Commonly known as: 4180 TAKILMA ROAD CAVE JUNCTION, OR 97523 Both the beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said trust deed and notice has been recorded pursuant to Section 86.735 (3) of Oregon Revised Statutes; the default for which the foreclosure is made is the grantor’s: Installment of principal and interest plus impounds and advantages which became due on 1/1/2009 plus amounts that are due or may be- come due for the following: late charges, delin- quent property taxes, insurance premiums, ad- vances made on senior liens, taxes and/ or insur- ances trustee fees, and any attorney fees court costs arising from or associated with beneficiaries effort to protect and preserve it security must be cured a condition of reinstatement. Monthly Pay- ment $3,357.88 Monthly Late Charge $133.03 By this reason of said default the beneficiary has de- clared all obligations secured by said trust deed immediately due and payable, said sums being the following, to wit: The sum of $391,856.47 to- gether with interest thereon at the rate of 7.0000 per annum from 12/1/2008 until paid; plus all ac- crued late charges thereon; and all trustee’s fees, foreclosure costs and any sums advanced by the beneficiary pursuant to the terms of said deed of trust. Whereof, notice hereby is given that, First American Title Insurance Company, the under- signed trustee will, on 8/18/2010, at the hour of 01:00 PM, Standard of Time, as established by section 187.110, Oregon Revised Statutes, at At the front door to the Josephine County Court- house, 500 NW 6th Street Grants Pass, OR County of Josephine, State of Oregon, sell at pub- lic auction to the highest bidder for cash the inter- est in the said described real property which the grantor had or had power to convey at the time of execution by him of the said trust deed, together with any interest which the grantor or his succes- sors in interest acquired after the execution of said 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 section 86.753 of Oregon Revised Statutes has the right to have the foreclosure proceeding dis- missed and the trust deed 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 and attorney’s fees and curing any other default complained of in the No- tice of Default by tendering the performance re- quired under the obligation or trust deed, at any time prior to five days before the date last set for sale. For Sale Information Call: 714-573-1965 or Login to www.priorityposting.com. 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 per- sons owing an obligation, the performance of which is secured by said trust deed, the words “trustee” and “beneficiary” include their respective successors in interest, if any. Pursuant to Oregon Law, this sale will not be deemed final until the Trustee’s deed has been issued by First American Title Insurance Company. If there are any irregu- larities discovered within 10 days of the date of this sale, that the trustee will rescind the sale, re- turn the buyer’s money and take further action as necessary. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further re- course against the Mortgagor, the Mortgagee, or the Mortgagee’s Attorney. NOTICE TO RESIDEN- TIAL TENANTS The property in which you are living is in foreclosure. A foreclosure sale is sched- uled for 8/18/2010. Unless the lender who is fore- closing on this property is paid, the foreclosure will go through and someone new will own this prop- erty. The following information applies to you only if you occupy and rent this property as a residen- tial dwelling under a legitimate rental agreement. The information does not apply to you if you own this property or if you are not a residential tenant. If the foreclosure goes through, the business or individual who buys this property at the foreclo- sure sale has the right to require you to move out. The buyer must first give you an eviction notice in writing that specifies the date by which you must move out. The buyer may not give you this notice until after the foreclosure sale happens. If you do not leave before the move-out date, the buyer can have the sheriff remove you from the property after a court hearing. You will receive notice of the court hearing. FEDERAL LAW REQUIRES YOU TO BE NOTIFIED IF YOU ARE OCCUPYING AND RENTING THIS PROPERTY AS A RESI- DENTIAL DWELLING UNDER A LEGITIMATE RENTAL AGREEMENT, FEDERAL LAW RE- QUIRES THE BUYER TO GIVE YOU A NOTICE IN WRITING A CERTAIN NUMBER OF DAYS BEFORE THE BUYER CAN REQUIRE YOU TO MOVE OUT. THE FEDERAL LAW THAT RE- QUIRES THE BUYER TO GIVE YOU THIS NO- TICE IS EFFECTIVE UNTIL DECEMBER 31, 2012. Under federal law, the buyer must give you at least 90 days' notice in writing before requiring you to move out. If you are renting this property under a fixed-term lease (for example, a six-month or one-year lease), you may stay until the end of your lease term. If the buyer wants to move in and use this property as the buyer's primary residence, the buyer can give you written notice and require you to move out after 90 days, even if you have a fixed-term lease with more than 90 days left. STATE LAW NOTIFICATION REQUIREMENTS IF THE FEDERAL LAW DOES NOT APPLY, STATE LAW STILL REQUIRES THE BUYER TO GIVE YOU NOTICE IN WRITING BEFORE REQUIR- ING YOU TO MOVE OUT IF YOU ARE OCCUPY- ING AND RENTING THE PROPERTY AS A TEN- ANT IN GOOD FAITH. EVEN IF THE FEDERAL LAW REQUIREMENT IS NO LONGER EFFEC- TIVE AFTER DECEMBER 31, 2012, THE RE- QUIREMENT UNDER STATE LAW STILL AP- PLIES TO YOUR SITUATION. Under state law, if you have a fixed-term lease (for example, a six- month or one-year lease), the buyer must give you at least 60 days' notice in writing before requiring you to move out. If the buyer wants to move in and use this property as the buyer's primary residence, the buyer can give you written notice and require you to move out after 30 days, even if you have a fixed term lease with more than 30 days left. If you are renting under a month-to-month or week-to- week rental agreement, the buyer must give you at least 30 days' notice in writing before requiring you to move out. IMPORTANT: For the buyer to be required to give you a notice under state law, you must prove to the business or individual who is handling the foreclosure sale that you are occupy- ing and renting this property as a residential dwell- ing under a legitimate rental agreement. The name and address of the business or individual who is handling the foreclosure sale is shown on this notice under the heading "TRUSTEE". You must mail or deliver your proof not later than 7/19/2010 (30 days before the date first set for the foreclosure sale). Your proof must be in writing and should be a copy of your rental agreement or lease. If you do not have a written rental agree- ment or lease, you can provide other proof, such as receipts for rent paid. ABOUT YOUR SECU- RITY DEPOSIT Under state law, you may apply your security deposit and any rent you paid in ad- vance against the current rent you owe your land- lord. 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 busi- ness 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 landlord. ABOUT YOUR TENANCY AFTER THE FORE- CLOSURE SALE The business or individual who 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. You should contact the buyer to discuss that possibility if you would like to stay. Under state law, if the buyer accepts rent from you, signs a new residential 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 buyer becomes your new landlord and must maintain the property. Other- wise, the buyer is not your landlord and is not re- sponsible for maintaining the property on your behalf and you must move out by the date the buyer specifies in a notice to you. YOU SHOULD CONTINUE TO PAY RENT TO YOUR LAND- LORD UNTIL THE PROPERTY IS SOLD TO AN- OTHER BUSINESS OR INDIVIDUAL OR UNTIL A COURT OR A LENDER TELLS YOU OTHER- WISE. IF YOU DO NOT PAY RENT, YOU CAN BE EVICTED. AS EXPLAINED ABOVE, YOU MAY BE ABLE TO APPLY A DEPOSIT OR RENT YOU PREPAID AGAINST YOUR CURRENT RENT OBLIGATION. BE SURE TO KEEP PROOF OF ANY PAYMENTS YOU MAKE AND OF ANY NO- TICE YOU GIVE OR RECEIVE CONCERNING THE APPLICATION OF YOUR DEPOSIT OR PREPAID RENT. IT IS UNLAWFUL FOR ANY PERSON TO TRY TO FORCE YOU TO LEAVE YOUR HOME WITHOUT FIRST GOING TO COURT TO EVICT YOU. FOR MORE INFORMA- TION ABOUT YOUR RIGHTS, YOU MAY WISH TO CONSULT A LAWYER. If you believe you need legal assistance, contact the Oregon State Bar and ask for the lawyer referral service. Con- tact information for the Oregon State Bar is in- cluded with this notice. If you do not have enough money to pay a lawyer or 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. Ore- gon State Bar (503) 684-3763; (800) 452-7636 Legal assistance: www.lawhelp.org/or/index.cfm Dated: 4/9/2010 First American Title Insurance Company, as Trustee 3 First American Way Santa Ana, CA 92707 Signature By: Brooke Frank, As- sistant Secretary Quality Loan Service Corp. of Washington, as agent for First American Title In- surance Company 2141 5th Avenue San Diego, CA 92101 619-645-7711 For Non-Sale Informa- tion: Quality Loan Service Corp. of Washington 2141 5th Avenue San Diego, CA 92101 619-645- 7711 Fax: 619-645-7716 If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exer- cise the note holder’s rights against the real prop- erty only. This Office is attempting to collect a debt and any information obtained will be used for that purpose. As required by law, you are hereby noti- fied that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. P# 689297 Publish: Publish: 4/21, 4/28, 5/5, 05/12/2010 4/21, 4/28, 5/5, 5/12/10
