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Illinois Valley News, Cave Junction, Ore. Wednesday, Oct. 13, 2010
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LEGAL NOTICE
TRUSTEE’S NOTICE OF SALE T.S. No.: OR-09-
283619-SH Reference is made to that certain
deed made by Ray F Morgan & brenda s morgan,
Tenants In The Entirety as Grantor to Ticor Title
Company of Oregon, as Trustee, in favor of Mort-
gage Electronic Registration Systems, Inc.,
("MERS"), as nominee for First Horizon Home
Loans, a division of First Tennessee Bank N.A.,
as Beneficiary, dated 7/7/2008, recorded
07/14/2008, in official records of Josephine
County, Oregon, in book/reel/volume No. xxx, at
page No. xxx fee/file/instrument/microfile/
reception No. 2008-011194 covering the following
described real property situated in said County
and State, to wit: APN: R308943 Legal Descrip-
tion Attached As Exhibit A Exhibit "A" Real prop-
erty in the County of Josephine, State of Oregon,
described as follows: Beginning at the Northwest
corner of Section 15, Township 36 South, Range
5 West, of the Willamette Meridian, Josephine
County, Oregon; thence East along the North line
of said Section 15, a distance of 422.50 feet;
thence South 0º14'00" East 198 feet to the North
right of Way Line of way line of Mina Lane; thence
North 89º59'00" West along said North Line of
Mina Lane 422.50 feet to a 5/8/ inch iron pin;
thence North 198 feet to the point of beginning.
Note: This Legal description was created prior to
January 1, 2008. Tax Parcel Number: R308943
Commonly known as: 240 Mina Ln Grants Pass,
OR 97527 Both the beneficiary and the trustee
have elected to sell the said real property to sat-
isfy 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 installments of principal and interest which
became due on 2/1/2009, and all subsequent in-
stallments 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 $2,635.73
Monthly Late Charge $131.79 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 $415,094.58 together with inter-
est thereon at the rate of 6.5000 per annum from
1/1/2009 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 2/1/2011, 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 First American Title Insurance
Company. If there are any irregularities discov-
ered 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 2/1/2011. 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 hearing. You
will receive notice of the court hearing. FEDERAL
LAW REQUIRES YOU TO BE NOTIFIED IF YOU
ARE OCCUPYING AND RENTING THIS PROP-
ERTY AS A RESIDENTIAL DWELLING UNDER A
LEGITIMATE RENTAL AGREEMENT, FEDERAL
LAW REQUIRES 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
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 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 1/2/2010 (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: 9/28/2010 First American Title
Insurance Company, as Trustee 3 First American
Way Santa Ana, CA 92707 Signature By: Brooke
Frank, Assistant Secretary Quality Loan Service
Corp. of Washington, as agent for First American
Title Insurance Company 2141 5th Avenue San
Diego, CA 92101 619-645-7711 For Non-Sale
Information: Quality Loan Service Corp. of Wash-
ington 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 record may be submitted to a credit
report agency if you fail to fulfill the terms of your
credit obligations. P#752525
PUBLISH:
10/6, 10/13, 10/20, 10/27/2010