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Illinois Valley News, Cave Junction, Ore. Wednesday, May 12, 2010
LEGAL NOTICE
TRUSTEE’S NOTICE OF SALE T.S. No.: OR-10-
353405-SH Reference is made to that certain
deed made by DELBERT L. ASH, AN ESTATE IN
FEE SIMPLE as Grantor to KEY TITLE CO., as
Trustee, in favor of MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., AS NOMINEE
FOR GMAC MORTGAGE CORPORATION DBA
DITECH.COM, as Beneficiary, dated 1/24/2003,
recorded 02/11/2003, in official records of Jose-
phine County, Oregon, in book/reel/volume No.
xxx, at page No. xxx fee/file/instrument/microfile/
reception No. 2003-003512 covering the following
described real property situated in said County
and State, to wit: APN: R304727 lot 16, block 2,
Lloyd Estates subdivision, Josephine County, Ore-
gon. Commonly known as: 500 SOLDIER CREEK
ROAD Grants Pass, OR 97526 Both the benefici-
ary 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 pur-
suant to Section 86.735 (3) of Oregon Revised
Statutes; the default for which the foreclosure is
made is the grantor’s: The installments of principal
and interest which became due on 7/1/2009, and
all subsequent installments of principal and inter-
est 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 preserve 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 $1,250.64
Monthly Late Charge $62.53 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 $139,858.85 together with inter-
est thereon at the rate of 7.0000 per annum from
6/1/2009 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, FIRST AMERICAN
TITLE INSURANCE COMPANY, the undersigned
trustee will, on 8/24/2010, 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 Josephine County Courthouse, 500
NW 6th Street Grants Pass, OR County of Jose-
phine, 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 inter-
est 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
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 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 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 8/24/2010. 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 RE-
QUIRING YOU TO MOVE OUT IF YOU ARE OC-
CUPYING AND RENTING THE PROPERTY AS A
TENANT IN GOOD FAITH. EVEN IF THE FED-
ERAL LAW REQUIREMENT IS NO LONGER
EFFECTIVE AFTER DECEMBER 31, 2012, THE
REQUIREMENT 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 resi-
dence, 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 indi-
vidual who is handling the foreclosure sale that
you are occupying and renting this property as a
residential dwelling under a legitimate rental
agreement. The name and address of the busi-
ness 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 7/25/2010 (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 agreement or lease, you can provide other
proof, such as receipts for rent paid. ABOUT
YOUR SECURITY 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 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 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 writ-
ing 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: 4/16/2010 FIRST AMERICAN
TITLE INSURANCE COMPANY, as Trustee 3
First American Way Santa Ana, CA 92707 Signa-
ture By: Brooke Frank, Assistant Secretary Quality
Loan Service Corp. of Washington, as agent for
FIRST AMERICAN TITLE INSURANCE COM-
PANY 2141 5th Avenue San Diego, CA 92101
619-645-7711 For Non-Sale Information: Quality
Loan Service Corp. of Washington 2141 5th Ave-
nue San Diego, CA 92101 619-645-7711 Fax:
619-645-7716 If you have previously been dis-
charged 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 infor-
mation 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#691869
TRUSTEE’S NOTICE OF SALE T.S. No.: OR-10-
353119-SH Reference is made to that certain
deed made by DAVID R ABBOTT AND DAWN M
ABBOTT, AS TENANTS BY THE ENTIRETY as
Grantor to TICOR TITLE COMPANY OF ORE-
GON, as Trustee, in favor of MORTGAGE ELEC-
TRONIC REGISTRATION SYSTEMS, INC., AS
NOMINEE FOR GMAC MORTGAGE, LLC F/K/A
GMAC MORTGAGE CORPORATION, as Benefi-
ciary, dated 1/5/2007, recorded 01/12/2007, in
official records of Josephine County, Oregon, in
book/reel/volume No. xxx, at page No. xxx fee/file/
instrument/microfile/reception No. 2007-000809
covering the following described real property situ-
ated in said County and State, to wit: APN:
R324819 lot 16, first addition to Lamplight Village,
Josephine County, Oregon Commonly known as:
368 HONEYLYNN LANE Grants Pass, OR 97527
Both the beneficiary and the trustee have elected
to sell the said real property to satisfy the obliga-
tions 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 install-
ments of principal and interest which became due
on 1/1/2010, and all subsequent installments of
principal and interest through the date of this No-
tice, plus amounts that are due for late charges,
delinquent property taxes, insurance premiums,
advances made on senior liens, taxes and/or in-
surance, trustee’s fees, and any attorney fees and
court costs arising from or associated with the
beneficiaries efforts to protect and preserve its
security, all of which must be paid as a condition
of reinstatement, including all sums that shall ac-
crue 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 docu-
ments. Monthly Payment $1,493.35 Monthly Late
Charge $74.67 By this reason of said default the
beneficiary has declared all obligations secured by
said trust deed immediately due and payable, said
sums being the following, to wit: The sum of
$282,934.19 together with interest thereon at the
rate of 4.7750 per annum from 12/1/2009 until
paid; plus all accrued 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 INSUR-
ANCE COMPANY, the undersigned trustee will,
on 8/24/2010, at the hour of 01:00 PM, Standard
of Time, as established by section 187.110, Ore-
gon Revised Statutes, at the front door to the Jo-
sephine 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 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 8/24/2010. 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 RE-
QUIRING YOU TO MOVE OUT IF YOU ARE OC-
CUPYING AND RENTING THE PROPERTY AS A
TENANT IN GOOD FAITH. EVEN IF THE FED-
ERAL LAW REQUIREMENT IS NO LONGER
EFFECTIVE AFTER DECEMBER 31, 2012, THE
REQUIREMENT 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 resi-
dence, 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 indi-
vidual who is handling the foreclosure sale that
you are occupying and renting this property as a
residential dwelling under a legitimate rental
agreement. The name and address of the busi-
ness 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 7/25/2010 (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 agreement or lease, you can provide other
proof, such as receipts for rent paid. ABOUT
YOUR SECURITY 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 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 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 writ-
ing 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: 4/16/2010 FIRST AMERICAN
TITLE INSURANCE COMPANY, as Trustee 3
First American Way Santa Ana, CA 92707 Signa-
ture By: Brooke Frank, Assistant Secretary Quality
Loan Service Corp. of Washington, as agent for
FIRST AMERICAN TITLE INSURANCE COM-
PANY 2141 5th Avenue San Diego, CA 92101
619-645-7711 For Non-Sale Information: Quality
Loan Service Corp. of Washington 2141 5th Ave-
nue San Diego, CA 92101 619-645-7711 Fax:
619-645-7716 If you have previously been dis-
charged 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 infor-
mation 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#691877
Publish & Affd:
Publish & Affd:
4/28, 5/5, 5/12, 05/19/2010
4/28, 5/5, 5/12, 05/19/2010
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