Illinois Valley News, Cave Junction, Ore. Wednesday, April 13, 2011 Page B-3 LEGAL NOTICE TRUSTEE'S NOTICE OF SALE Loan No: 501672807 Title Order No: 110001429-OR -GSI T.S. No.: OR05000001-11-1 Refer- ence is made to that certain deed made by, Jeffrey T. Stewart, an estate in fee simple as Grantor to Amerititle as trustee, in favor of Greater Northwest Mortgage Inc. as Lender and Mortgage Electronic Registra- tion Systems, Inc as Beneficiary, recorded on 10/03/2007, as Instrument No. 2007- 019217 of Official Records in the office of the Recorder of Josephine County, OR to- wit: APN: 36-05-29-BA-002313 APN: 36-05 -29-BA-002313 PARCEL 1 OF PARTITION PLAT NO. 2002-049, IN JOSEPHINE COUNTY, OREGON. Commonly known as: 1005 GRANDVIEW AVE, GRANTS PASS, OR 97527-5105 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 pursuant to Section 86.735 (3) of Oregon Revised Statutes: the default for which the foreclosure is made is the grantor's: failed to pay payments which became due: Monthly Payment $2,604.60 Monthly Late Charge $130.23 By this rea- son of said default the beneficiary has de- clared all obligations secured by said deed of trust immediately due and payable, said sums being the following, to-wit: The sum of $341,597.56 together with interest thereon at the rate of 6.50000% per annum from July 1, 2010 until paid; plus all ac- crued late charges thereon; and all trus- tee'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, the under- signed trustee will on 7/15/2011 at the hour of 01:00 PM, Standard of Time, as estab- lished by section 187.110, Oregon Revised Statues, At the front door to the Josephine 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 the 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 ex- penses 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 portion of said principal as would not then be due had no default occurred), together with the costs, trustee's or attorney's fees and cur- ing any other default complained of in the Notice of Default by tendering the perform- ance required under the obligation or trust deed, at any time prior to five days before the date last set for sale. In construing this notice, the masculine gender includes the feminine and the neuter, the singular in- cludes plural, the word "grantor" includes any successor in interest to the grantor as well as any other persons owing an obliga- tion, the performance of which is secured by said trust deed, the words "trustee" and 'beneficiary" include their respective suc- cessors in interest, if any. Dated: 2/25/2011 LSI Title Company of Oregon B Bordine, Authorized Signor C/O TRUSTEE CORPS 17100 Gillete Avenue IRVINE, CA 92614 Sale information can be obtained on line at www.priorityposting.com Automated sales information please call 714-573-1965 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN AT- TEMPT TO COLLECT A DEBT. ANY IN- FORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. P#811696 TRUSTEE’S NOTICE OF SALE Loan No.: T.S. No.: OR-11-417173-NH Reference is made to that certain deed made by RICK E. BYRD & BARBARA K. BYRD as Gran- tor to First American Title Insurance Com- pany, as Trustee, in favor of Professional Mortgage Group, LLC, as Beneficiary, dated 12/1/2003, recorded 12/08/2003, in official records of Josephine County, Ore- gon, in book/reel/volume No. xxx, at page No. xxx fee/file/instrument/microfile/ reception No. 2003-030265 covering the following described real property situated in said County and State, to wit: APN: R319661 LEGAL DESCRIPTION AT- TACHED AS EXHIBIT A Exhibit "A" Real property in the Countyof Josephine, State of Oregon, described as follows: Beginning at a point 858.3 feet East of the Southwest corner of the Northwest Quarter of the Southwest Quarter of Section 24, Town- ship 36 South, Range 6 West, of the Wil- lamette Meridian, Josephine County, Oregon; thence North 6°16' East 1648 feet to an iron stake on the South bank of Rogue River; thence Easterly along the South bank of said river, 247 feet to the centerline of a small creek; thence Southerly along said center of said creek line 280 feet; thence East along the center line of said creek, 136 feet; thence South- westerly to a point 30 feet East of the point of beginning, in the centerline of the Red- wood Highway; thence West 30 feet to the point of beginning, all situated in the North- west Quarter of the Southwest Quarter of Section 24, Township and Range afore- said, and Lots 5 and 6 of said Sec- tion. EXCEPTING THEREFROM the fol- lowing: A tract of land situated in Govern- ment Lot 5, Section 24, Township 36 South, Range 6 West, of the Willamette Meridian, Josephine County, Oregon, more particularly described as follows: Be- ginning at a point which is North 87°27' East of and 996.4 feet distant from Quarter corner common to Sections 23 and 24; thence South 83°44' East for 280.4 feet to the centerline of a small creek; thence Northerly for 280 feet along the centerline of said creek to the South bank of Rogue River; thence Westerly along the South bank of Rogue River for 247 feet to an iron pipe; thence South 6°16' West for 332.8 feet to the point of beginning. ALSO EX- CEPTING THEREFROM: Beginning at a point which is 858.30 feet East of the Southwest corner of the Northwest Quarter of the Southwest Quarter of Section 24, Township 36 South, Range 6 West, of the Willamette Meridian, Josephine County, Oregon, said point being in the centerline of the Redwood Highway, the true point of beginning; thence North 6°16' East, a distance of 910.18 feet; thence South 83° 44' East, a distance of 260.63 feet to the Westerly line of Wineteer Subdivision; thence South 20°33' West, a distance of 935.62 feet to the centerline of the Red- wood Highway; thence West along said centerline a distance of 30.0 feet to the point of beginning. ALSO LESS AND EX- CEPT: Commencing at a point in the cen- terline of Redwood Avenue, 858.3 feet East of the West line of the Northwest Quarterof the Southwest Quarter of Sec- tion 24, Township 36 South, Range 6 West, of the Willamette Meridian, Jose- phine County, Oregon, said point being the Southeast corner of property described in Volume 89, Page 81, Josephine County Deed Records; thence North 6°16' East 910.8 feet to the Northwest corner of prop- erty described in Volume 234, Page 518, Josephine County Deed Records; the true point of beginning of this description; thence North 6°16' East 61.31 feet; thence South 69°45' East, 258.53 feet to the Northeast corner of a parcel described in Volume 234, Page 518, Josephine County Deed Records; thence North 83°44' West 260.63 feet to the true point of beginning. NOTE: This legal description was created prior to January 1, 2008. Tax Parcel Num- ber: R319661 Commonly known as: 1800 REDWOOD AVENUE GRANTS 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 re- corded pursuant to Section 86.735 (3) of Oregon Revised Statutes; the default for which the foreclosure is made is the gran- tor’s: The installments of principal and in- terest which became due on 10/1/2010, 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 pre- miums, 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 Benefici- ary under the Deed of Trust pursuant to the terms of the loan documents. Monthly Pay- ment $645.71 Monthly Late Charge $24.66 By this reason of said default the benefici- ary has declared all obligations secured by said trust deed immediately due and pay- able, said sums being the following, to wit: The sum of $73,496.53 together with inter- est thereon at the rate of 5.7500 per an- num from 9/1/2010 until paid; plus all ac- crued late charges thereon; and all trus- tee’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 undersigned trustee will, on 7/19/2011, at the hour of 01:00 PM, Standard of Time, as estab- lished by section 187.110, Oregon Revised Statutes, at At the front door to the Jose- phine County Courthouse, 500 NW 6th Street Grants Pass, OR County of Jose- phine, State of Oregon, sell at public auc- tion to the highest bidder for cash the inter- est in the said described real property which the grantor had or had power to con- vey at the time of execution by him of the said trust deed, together with any interest which the grantor or his successors in in- terest acquired after the execution of said trust deed, to satisfy the foregoing obliga- tions 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 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 Notice of Default by tendering the per- formance 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 in- cludes plural, the word “grantor” includes any successor in interest to the grantor as well as any other persons owing an obliga- tion, the performance of which is secured by said trust deed, the words “trustee” and “beneficiary” include their respective suc- cessors in interest, if any. Pursuant to Ore- gon Law, this sale will not be deemed final until the Trustee’s deed has been issued by First American Title Insurance Com- pany. 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 Mort- gagee, or the Mortgagee’s Attorney. NO- TICE TO RESIDENTIAL TENANTS The property in which you are living is in fore- closure. A foreclosure sale is scheduled for 7/19/2011. Unless the lender who is fore- closing on this property is paid, the foreclo- sure will go through and someone new will own this property. The following informa- tion applies to you only if you occupy and rent 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 resi- dential 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 fore- closure sale happens. If you do not leave before the move-out date, the buyer can have the sheriff remove you from the prop- erty 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 RESIDENTIAL DWELLING UNDER A LEGITIMATE RENTAL AGREEMENT, FEDERAL LAW REQUIRES THE BUYER TO GIVE YOU A NOTICE IN WRITING A CERTAIN NUM- BER 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 pri- mary 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 WRIT- ING 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 REQUIREMENT IS NO LONGER EFFECTIVE AFTER DECEM- BER 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 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 occupying and renting this property as a residential dwelling under a legitimate rental agree- ment. The name and address of the busi- ness or individual who is handling the fore- closure sale is shown on this notice under the heading "TRUSTEE". You must mail or deliver your proof not later than 6/19/2011 (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 DE- POSIT 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 de- posit or prepaid rent from your rent pay- ment. 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 re- sponsible to you for any deposit or prepaid rent you paid to your landlord. ABOUT YOUR TENACY AFTER THE FORECLO- SURE 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 dis- cuss 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 no- tify 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 AN- OTHER BUSINESS OR INDIVIDUAL OR UNTIL A COURT OR A LENDER TELLS YOU OTHERWISE. IF YOU DO NOT PAY RENT, YOU CAN BE EVICTED. AS EX- PLAINED 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 NOTICE YOU GIVE OR RE- CEIVE CONCERNING THE APPLICA- TION OF YOUR DEPOSIT OR PREPAID RENT. IT IS UNLAWFUL FOR ANY PER- SON TO TRY TO FORCE YOU TO LEAVE YOUR HOME WITHOUT FIRST GOING TO COURT TO EVICT YOU. FOR MORE INFORMATION ABOUT YOUR RIGHTS, YOU MAY WISH TO CONSULT A LAW- YER. If you believe you need legal assis- tance, contact the Oregon State Bar and ask for the lawyer referral service. Contact 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 oth- erwise 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. Oregon State Bar (503) 684-3763; (800) 452-7636 Legal as- sistance: www.lawhelp.org/or/index.cfm Dated: 3/15/2011 First American Title In- surance Company, as Trustee 818 Stewart Street, Suite 800 Seatle, WA 98101 Signa- ture 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 Infor- mation: 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 dis- charged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is in- tended to exercise the note holder’s rights against the real property only. This Office is attempting to collect a debt and any in- formation 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 obliga- tions. P# 813626 Publish: Publish: 3/23, 3/30, 4/6, 04/13/2011 3/23, 3/30, 4/6, 04/13/2011