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About Illinois Valley news. (Cave City, Oregon) 1937-current | View Entire Issue (April 13, 2011)
Page B-4 Illinois Valley News, Cave Junction, Ore. Wednesday, April 13, 2011 LEGAL NOTICE TRUSTEE’S NOTICE OF SALE T.S. #: OR -10-344567-SH Reference is made to that certain deed made by, Connie S Thomas as Grantor to First American Title Com- pany, as trustee, in favor of First Horizon Home Loan Corporation, as Beneficiary, dated 8/10/2005, recorded 8/18/2005, in official records of Josephine County, Ore- gon, in book/ reel/ volume number xxx, at page number xxx fee/ file/ instrument/ mi- crofile/ reception number 2005-018948, , covering the following described real prop- erty situated in said County and State, to wit: APN: R303718 LEGAL DESCRIPTION ATTACHED AS EXHIBIT A Exhibit "A" Real property in the County of Josephine, State of Oregon, described as follows: Be- ginning at a point 225 feet North of the Southeast corner of the Southwest Quarter of Section 16, Township 35 South, Range 6 West of the Willamette Meridian, Jose- phine County, Oregon; thence North 275 feet; thence West 509.52 feet, more or less, to the County Road; thence South along the County Road, 100 feet, more or less, to the Northwest corner of property described in Volume 182, Page 98, Jose- phine County Deed Records; thence East 200 feet, more or less, to the Northeast corner of property described in Volume 182, Page 98, Josephine County Deed Re- cords; thence South 175 feet; thence East 309.52 feet, more or less, to the point of beginning. ALSO Beginning at a point 500 feet North of the Southeast corner of the Southwest Quarter of Section 16, Town- ship 35 South, Range 6 West of the Wil- lamette Meridian, in Josephine County, Oregon; thence West 404.5 feet to the County Road; thence along the County Road, North 38°56' East, 64.3 feet; thence East 364.1 feet; thence South 50 feet to the place of beginning. EXCEPTING THEREFROM that portion of Pleasant Val- ley Road granted Josephine County, Ore- gon, a body politic, by instrument recorded in Volume 336, Page 2081, Josephine County Deed Records. NOTE: This legal description was created prior to January 1, 2008. Tax Parcel Number: R303718 Com- monly known as: 649 Pleasant Valley Road Merlin, OR 97532 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 grantors: The installments of principal and interest which became due on 11/1/2009, 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 $1,522.46 Monthly Late Charge $68.88 By this reason of said default the beneficiary has declared all obligations se- cured by said trust deed immediately due and payable, said sums being the follow- ing, to wit: The sum of $264,511.83 to- gether with interest thereon at the rate of 6.2500 per annum from 10/1/2009 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 Insurance Company, the undersigned trustee will, on 8/11/2011 at the hour of 1:00 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 Jo- sephine, 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 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 8/11/2011. 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 prop- erty as the buyer's primary residence, the buyer can give you written notice and re- quire 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 re- quiring you to move out. IMPORTANT: For the buyer to be required to give you a no- tice 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 7/12/2011 (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 we want 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: 4/4/2011 First American Title Insur- ance Company, as Trustee 818 Stewart Street, Suite 800 Seattle, WA 98101 Sig- nature By Brooke Frank, Assistant Secre- tary Quality Loan Service Corp. of Wash- ington, 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 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#821040 Publish: 4/13, 4/20, 4/27, 05/04/2011 YOU To send us your news items, advertising, and obituaries and birth announcements. When your advertisement in the “Illinois Valley News” arrives in someone’s home or business it’s because that someone paid good money to get it. That is to say it is wanted. It has value. That’s why readership of a paid subscription publication is, by industry standards, figured to be 10-times that of a free distribution or direct mail publication. Almost all advertising works but when it comes to reaching the people that live and work in, and travel through Illinois Valley, nothing comes close to the “Illinois Valley News.” Call us today at 541-592-2541, visit us on the web: www.illinois-valley-news.com or stop in our office at 321 Redwood Hwy, in Cave Junction
