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Columbia Gorge News www.columbiagorgenews.com Wednesday, June 23, 2021 B9 Public Notices HOOD RIVER IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF HOOD RIVER In the Matter of the Estate of MURIEL J. ING, Deceased. No. 21PB04269 NOTICE TO INTERESTED PERSONS NOTICE IS HERE- BY GIVEN that the undersigned has been appointed Per- sonal Representative of the above estate. All persons having claims against the estate are required t o p re s e n t t h e m , with vouchers at- tached, to the un- dersigned Personal Representative at the law office of An- nala, Carey & Hull at 305 Cascade Street (P.O. Box 325), Hood River, Oregon 97031, within four months after the date of first publication of this notice, as stated be- low, or such claims may be barred. All persons whose rights may be affect- ed by the proceed- ings in this estate may obtain addition- al information from the records of the Court, the Personal Representative, or the lawyer for the Personal Represen- tative. DATED and first published this 9th day of June, 2021. EDWARD ING PERSONAL REPRESENTATIVE 1217 E a s t s i d e Road, Hood River, Oregon 97031 ANNALA, CAREY & HULL AT TO R N E Y F O R PERSONAL REPRE- SENTATIVE 305 Cascade Street, Post Office Box 325, Hood River, Oregon 97031 Telephone: (541) 386-1811; Fax: (541) 386-6242 June 9, 16, 23, 2021 #1685 TRUSTEE’S NOTICE OF SALE P L E A S E TA K E NOTICE that the foregoing instrument shall constitute no- t i c e , p u rs u a n t t o ORS 86.764, that the Grantor of the Trust Deed described be- low has defaulted on its obligations to beneficiary, and that the Beneficiary and Successor Trustee under the Trust Deed have elected to sell the property secured by the Trust Deed: DEED OF TRUST AND PROPERTY DE- SCRIPTION: This in- strument makes ref- erence to that certain Commercial Construction Real Estate Deed of Trust / Line of Credit Trust Deed of Trust dated March 6, 2013, and recorded March 8, 2013, in the Official R e c o rd s o f H o o d River County, Ore- gon, as Instrument N o . 2 013 - 0 0 7 6 3 , wherein RICHARD H. FOX AND ELLANA M. FOX, as tenants by the entirety, are the Grantor, AMERITITLE is the original Trust- ee, and FIRST IN- T E R S TAT E B A N K (successor by merg- er with Inland North- west Bank, and suc- cessor by merger of CenterPointe Com- munity Bank into In- land Northwest Bank) is the Benefi- ciary, as modified by that certain Modifi- cation Agreement - Deed of Trust dated January 22, 2014, and recorded Febru- ary 7, 2014, in the Official Records of Hood River County, Oregon, as Instru- m e n t N o . 2 0 14 - 00339 (the “Deed of Trust”). The afore- mentioned Deed of Trust covers proper- ty (the “Property”) described as: See Exhibit A attached. To g e t h e r w i t h a l l buildings, structures, fixtures and other improvements now or hereafter located thereon (the “Im- p ro v e m e n t s ” ) , a l l Additional Collateral described in Exhibit B attached hereto a n d i n c o r p o ra t e d herein by reference, and all other person- al property de- scribed in the Deed of Trust. The under- signed hereby certi- fies that he has no knowledge of any assignments of the Deed of Trust by the Trustee or by the Beneficiary or any appointments of a Successor Trustee other than the ap- pointment of DAVID W. CRISWELL, ESQ., as Successor Trust- ee as recorded in the property records of the county in which t h e Pro p e r t y d e - scribed above is sit- uated. Further, the undersigned certifies that no action has been instituted to re- cover the debt, or a n y p a r t t h e re o f , now remaining se- cured by the Deed of Trust. Or, if such ac- tion has been insti- tuted, it has been dismissed except as permitted by ORS 86.752(7). The name and address of the Successor Trustee is as follows: David W. Criswell, Successor Trustee, Lane Powell PC, 601 SW Second Avenue, Suite 2100, Portland, OR 97204. The Deed of Trust is not a “Residential Trust Deed”, as de- fined in ORS 86.705(6), thus the re q u i re m e n t s o f Chapter 304 [S.B. 558], Oregon Laws 2013, Chapter 112 [S.B. 1552], Section 4 a , O re g o n L a w s 2 012 a n d O R S 86.771(10) do not apply. However, the Beneficiary has filed the necessary ex- emption affidavit with the Attorney General for the State of Ore- gon as required un- der ORS 86.726(1) (b) and has recorded a copy of the affidavit in the property re- cords of the county in which the Property described above is situated as required u n d e r O R S 86.752(4)(b). In ad- dition, the Beneficia- ry has complied with t h e p ro v i s i o n s o f O R S 8 6 . 74 8 . D E - FAULT BY GRANTOR: There are continuing a n d u n c u re d d e - faults by Richard H. Fox and Ellana M. Fox, as tenants by the entirety, and Mt. Defiance Fruit Com- pany, LLC, an Ore- gon limited liability company (collective- ly, the “Grantor”), (footnote: The Prop- erty was transferred by Richard H. Fox and Ellana Fox to Mt. Defiance Fruit Com- pany, LLC, an Ore- gon limited liability company, by Statu- t o r y B a rg a i n a n d Sale Deed dated January 3, 2014, and recorded on April 20, 2015, in the Official R e c o rd s o f H o o d River County, Ore- gon, as Instrument No. 2015-01224.) under the Deed of Trust and the written documents for Loan No. 1041400, includ- ing the promissory note dated and ef- fective as of March 6, 2013, as modified by a Change in Terms Agreement dated January 22, 2014 (together, the “Note”), made by Richard H. Fox and Ellana M. Fox, indi- vidually (“Borrow- er”), in favor of L e n d e r, a n d a c - knowledged by Fox Fa m i l y R a n c h e s , LLC, an Oregon lim- ited liability company (“Fox Family Ranch- es”), Golden Moun- tain, L.L.C., an Ore- gon limited liability company (“Golden Mtn.”), and Mt. Defi- ance Fruit Company, LLC, an Oregon lim- ited liability company (“Mt. Defiance”), (Fox Family Ranch- es, Golden Mtn. and M t . D e f i a n c e a re each a guarantor of the obligations un- der the Note and are, collectively, the “Guarantor”). Based on the cross-default p ro v i s i o n s i n t h e governing loan doc- uments, such un- cured and continuing defaults include but are not necessarily limited to the follow- ing: 1. Default under the Loan Modifica- tion and Forbear- a n c e A g re e m e n t dated March 6, 2019, as modified by the First Amendment to Loan Modification a n d F o r b e a ra n c e A g re e m e n t d a t e d March 31, 2020 (the “Modification Agree- ment). All terms not d e s c r i b e d h e re i n shall have the mean- ings ascribed to them in the Modifi- cation Agreement. The Borrower is in continuing default of its obligations under the Modification Agreement and the Loan Documents based on: (i) failure to close on a sale of the Fletcher Drive Property by June 5, 2020; (ii) failure to pay the remaining balance on the 2018 Carryover Note (Loan No. 8965003) due on the Decem- ber 1, 2020 maturity date which consists of accrued late fees in the amount of $ 7 0 , 73 9 . 0 4 ( t h e “ 2 018 C a r r y o v e r Note Payment De- fault”); and (iii) fail- ure to pay the re- maining balance due o n t h e N e w 2 019 LOC Note (Loan No. 6900000592) due on t h e D e c e m b e r 1, 2020 maturity date, which consists of ac- crued late fees in the a m o u n t o f $ 9 2 , 012 . 5 4 ( t h e “New 2019 LOC Note Payment Default”) (all of the foregoing, collectively, the “Ex- isting Defaults”). 2. As a result of the Ex- isting Defaults and t h e c ro s s - d e f a u l t p ro v i s i o n s i n t h e Deed of Trust and the Loan Docu- ments, the Benefi- ciary has declared multiple defaults and previously accelerat- ed the indebtedness evidenced by the Note under Loan No. 1041400, the indebt- edness evidenced by the promissory note under Loan No. 8 9 6 5 0 0 2 ( “ Te r m Note 1”), the indebt- edness evidenced by the promissory note under Loan No. 10 6 2 4 0 0 ( “ Te r m Note 2”), the indebt- edness evidenced by the promissory note under Loan No. 10 5 7 2 0 0 ( “ Te r m Note 3”), and the in- debtedness evi- denced by the prom- issor y note under Loan No. 1041000 (“Term Note 4”). 3. During the foregoing time period, Grantor has made partial payments or non-default contract principal and interest payments from time to time which have been credited to the indebtedness evi- denced by the Note. As of March 2, 2021, the total sum se- cured by the Deed of Trust, inclusive of all accelerated principal amounts, interest (including default in- terest at 18% per an- num, 360 days/year, f ro m J a n u a r y 2 8 , 2 0 21 ) , a n d o t h e r c h a r g e s i s $1,774,923.93. De- f a u l t i n t e re s t p e r d i e m i s $ 875 . 9 4 . ALL AMOUNTS are now due and pay- able along with all costs and fees asso- ciated with this fore- closure. 4. Additional defaults include Grantor’s: (i) failure to pay the 2019/20 real property taxes due to Hood River County in the amount of $116.21, plus interest; (ii) fail- ure to pay the 2020/21 real proper- ty taxes due to Hood River County in the a m o u n t o f $24,423.07, plus in- terest; (iii) allowing an Oregon Depart- ment of Revenue lien for unpaid personal income tax for the period ending De- cember 31, 2018 to attach to additional collateral that se- cures the Note in the a m o u n t o f $3,060.18; (iv) fail- ure to pay the 2019/20 real proper- ty taxes due to Hood River County in the amount of $73.91, plus interest, on ad- ditional collateral t h a t s e c u re s t h e Note; (v) failure to pay the 2020/21 real property taxes due to Hood River Coun- ty in the amount of $24,989.82, plus in- terest, on additional collateral that se- cures the Note; and (vi) failure to pay the 2020/21 real proper- ty taxes due to Lin- coln County in the a m o u n t o f $12,302.69, plus in- terest, on additional collateral that se- cures the Note. TO- TA L U N C U R E D M O N E TA R Y ( PAY - MENT) DEFAULT: By reason of said un- cured and continuing defaults, the Benefi- ciary has accelerat- ed and declared all sums owing on the obligation secured by the Deed of Trust and the Property im- mediately due and payable. Due to the cross-default and cross-collateraliza- tion provisions of the governing loan doc- uments, the sums due and payable to effectuate a cure and to stop the trustee’s sale are: Loan No. 1041400 (the Note) Accrued and unpaid interest owing under the Stadelman Note as of March 2, 2021 (including default in- terest at 18% per an- num, 360 days/year, f ro m J a n u a r y 2 8 , 2021): $23,046.74. Trustee’s Sale Guar- antee premium: $3,354.00. TOTAL CURE AMOUNT Loan No. 1041400: $26,400.74. Loan No. 8965002 (Term Note 1) Accrued and unpaid interest ow- ing under the Note as of March 2, 2021 (including default in- terest at 18% per an- num, 360 days/year, f ro m J a n u a r y 2 8 , 2021): $106,684.16. Appraisal fees: $11,350.00. Legal fees and costs paid: $13,227.75. Trust- ee’s Sale Guarantee p r e m i u m s : $4,863.00. Accrued and unpaid legal fees through Febru- a r y 2 8 , 2 0 21 : $12,217.95. TOTAL CURE AMOUNT Loan No. 8965002: $148,342.86. Loan No. 1062400 (Term Note 2) Accrued and unpaid interest ow- ing under the Term Note 2 as of March 2, 2021 (including default interest at 18% per annum, 360 days/year, from Jan- u a r y 2 8 , 2 0 21 ) : $2,636.16. TOTAL CURE AMOUNT Loan No. 1062400: $2,636.16. Loan No. 1057200 (Term Note 3) Accrued and un- paid interest owing under the Term Note 3 a s o f M a rc h 2 , 2021 (including de- fault interest at 18% per annum, 360 days/year, from Jan- u a r y 2 8 , 2 0 21 ) : $25,003.00. TOTAL CURE AMOUNT Loan No. 1057200: $25,003.00. Loan No. 1041000 (Term Note 4) TOTAL CURE AMOUNT Loan No. 1041000: 0.00. Loan No. 6900000592 (2019 LOC Note) Un- paid late fees and charges due as of M a rc h 2 , 2 0 21 : $92,012.54. TOTAL CURE AMOUNT L o a n N o . 6900000592: $92,012.54. Loan No. 8965003 (2018 Carryover Note) Un- paid late fees and charges due as of M a rc h 2 , 2 0 21 : $70,739.04. TOTAL CURE AMOUNT Loan No. 8965003: $70,739.04. Accord- ingly, the global total cure amount owing on the obligation se- cured by the Deed of Trust and the sum which must be paid to stop the trustee’s sale under the Deed o f Tr u s t i s $430,100.22 as of March 2, 2021, to- gether with default interest accruing on the principal por- tions of Term Note 1, Term Note 2, Term Note 3, Term Note 4 and the Note, plus additional costs and expenses incurred by Beneficiary and/ or the Successor Trustee (including their respective at- torney’s fees, costs, and expenses). ELECTION TO SELL: Notice is hereby giv- en that the Benefi- ciary, by reason of t h e u n c u re d a n d continuing defaults described above, has elected and does hereby elect to foreclose said Deed of Trust by advertise- ment and sale pur- suant to ORS 86.752 et seq., and to cause to be sold at public auction to the high- est bidder for cash, the Grantor’s inter- est in the subject Property, which the Grantor had, or had the power to convey, at the time the Grantor executed the Deed of Trust in favor of the Benefi- ciary, along with any interest the Grantor or the Grantor’s suc- cessors in interest acquired after the execution of the Deed of Trust, to sat- isfy the obligations secured by the Deed of Trust as well as the expenses of the sale, including com- pensation of the Trustee as provided by law, and the rea- sonable fees of Trustee’s attorneys. PLEASE TAKE NO- TICE that the sale will be held at the hour of 12:00 noon, in ac- cordance with the standard of time es- tablished by ORS 187.110, on August 4, 2021, on the front steps to the main en- trance of the Hood River County Court- house, 309 State Street, Hood River, O r e g o n 9 7 0 31 . RIGHT OF REIN- STATEMENT: Notice is further given that any person named in ORS 86.778 has the right, at any time pri- or to five (5) days before the date last set for the sale, to have this foreclosure proceeding dis- missed and the Deed of Trust rein- stated by (A) pay- ment to the Benefi- ciary of the entire amount then due, other than such por- tion of the principal as would not then be due had no default occurred, together with the costs and expenses actually in- curred in enforcing the terms of the obli- gation, as well as Successor Trustee and attorney fees as prescribed by ORS 86.778; and (B) by curing all such other continuing and un- cured defaults as noted in this Notice. NOTICE REQUIRED U N D E R O R S 86.771(9): W ithout limiting the Succes- sor Trustee’s dis- claimer of represen- tations or warranties, Oregon law requires the Successor Trust- ee to state in this no- tice that some resi- dential property sold at a trustee’s sale may have been used in manufacturing methamphetamines, the chemical com- ponents of which are known to be toxic. Pro s p e c t i v e p u r - chasers of residen- tial property should be aware of this po- tential danger before deciding to place a bid for this property at the trustee’s sale. DATED: March 16, 2021. By: David W. Criswell, OSB 925930, Successor Trustee, Lane Powell PC, 601 SW Second Avenue, Suite 2100, Portland, OR 97204. Te l e p h o n e : ( 5 0 3 ) 778-2100. Facsimile: (503) 778-2200. Email: CriswellD@ LanePowell.com. EXHIBIT A Legal Description Parcel 1: A tract of land in the North- east quarter of the Southeast quar- ter of Section 26, Township 2 North, R a n g e 10 E a s t o f the Willamette Me- ridian, in the County of Hood River and S t a t e o f O re g o n , being more partic- ularly described as follows: Beginning at the Northwest corner of that tract of land conveyed to Errol Bailey et al., by deed recorded February 17, 1948, i n B o o k 37 , p a g e 50, Deed Records Hood River County, which said corner is located on the West line of the Nor th- east quarter of the Southeast quarter of Section 26, Town- ship 2 North, Range 10 East of the Willa- mette Meridian, at a point 592 feet North of the Southwest corner of said legal subdivision; thence East, parallel with the South line of said legal subdivision and along the North line of said Bailey tract of land 208 feet to the Northeast corner of said Bailey tract of land; thence South along the East line of said Bailey tract of land and along the East line of that tract of land conveyed to Ernest F. Arthur et al., by deed re- corded December 29, 1947, in Book 36, page 405, Deed Records Hood River County, 382.5 feet to a point in the North- erly line of that tract of land conveyed to Ada Odell by deed recorded February 11, 1909, in Book 2, page 199, Deed Records Hood Riv- er County; thence North 73° 10’ East along the Norther- ly line of said Ada Odell tract of land 296.0 feet; thence Nor th 00° 11’ 05” East a distance of 473 . 8 f e e t t o t h e South right of way line of the County Road; thence West- erly along the South line of said County Road and its West- erly extension 491.5 feet to the West line of the Northeast quarter of the South- east quarter of said Section 26; thence South 00° 07’ 50” West, along the West line of the Nor th- east quarter of the Southeast quarter of said Section 26, a distance of 172.57 feet to the place of beginning. EXCEPT- ING THEREFROM that portion con- veyed to Hood River by deed recorded in Book 52, page 581, Deed Records. TOGETHER WITH: A tract of land in the Northeast quarter of the Southeast quar- ter of Section 26, Township 2 North, R a n g e 10 E a s t o f the Willamette Me- ridian, in the County of Hood River and S t a t e o f O re g o n , begin more partic- ularly described as follows: Commenc- ing at a point on the South right of way line of the County Road, which point is the most Northerly Northeast corner of Parcel 1, herein- above described, and is located 491.5 feet East of the West line of the Nor th- east quarter of the Southeast quarter of Section 26, Town- ship 2 North, Range 10 East of the Willa- mette Meridian, in the County of Hood River and State of Oregon; thence South 00° 11’ 05” West, along the East line of said Parcel 1, a distance of 200 feet to the true point of beginning of the tract to be described herein; thence East, in a straight line 100 feet, more or less, to the centerline of the Old Mount Hood Loop Highway; thence Southerly and Westerly, along the centerline of said highway to the point of intersection there- of with the North line of that tract of land conveyed to Ada Odell by deed recorded February 11, 1909, in Book 2, page 199, Deed Records Hood Riv- er County; thence South 73° 10’ West along the Norther- ly line of said Ada Odell tract 90 feet, more or less, to the Southeast corner of Parcel 1, herein- above described; thence North 00° 11’ 05” East, along the East line of said Parcel 1, a distance of 273.8 feet, to the true point of begin- n i n g . Pa rc e l 2 : A tract of land in the Northeast quarter of the Southeast quar- ter of Section 26, Township 2 North, R a n g e 10 E a s t o f the Willamette Me- ridian, in the County of Hood River and S t a t e o f O re g o n , being more partic- ularly described as follows: Beginning at a point on the West line of the Nor th- east quarter of the Southeast quar- ter of Section 26, Township 2 North, R a n g e 10 E a s t o f the Willamette Me- ridian, in the County of Hood River and S t a t e o f O re g o n , which said point is 384 feet North of the Southwest corner of said quar- ter-quarter section and which said point is also the Northwest corner of that tract of land heretofore conveyed to Ernest F. Arthur et al., by deed recorded De- cember 29, 1947, in Book 36, at page 405, Deed Records Hood River County; thence East parallel with the South line of said quarter-quarter section and along the North line of said Arthur tract of land 208 feet; thence North parallel with the West line of said quarter-quarter sec- tion 208 feet; thence West parallel with the South line of said quarter-quarter section 208 feet to the West line thereof; thence South along the West line of said quarter-quarter sec- tion 208 feet, more or less, to the place of beginning. June 16, 23, 30, July 7, 2021 #1700 CITY OF HOOD RIVER PLANNING DEPARTMENT NOTICE OF APPLICATION Notice is hereby given that the city planning depart- ment will make a decision regarding the following appli- cation (File #2021- 11 ) : A P P L I C A N T : Opsis Architecture. OWNER: Hood River County School Dis- trict. DESCRIPTION OF PROPOSAL: Site Plan Review to con- struct new main en- trance: enclosure of existing breezeway; 2,000 square-foot addition; associated site improvements. L O C AT I O N : 16 0 2 May Street. LEGAL DESCRIPTION: 3N10E35AA #6500. REVIEW CRITE- RIA: Hood River Municipal Code sections 17.03.080 Open Space/Public Facilities (OS/PF) Zone; 17.04 Sup- plementar y Provi- sions; 17.09.030 Ad- ministrative Review Procedures; 17.16 Site Plan Review; 17.17 Landscaping and Development S t a n d a rd s ; 17 . 2 0 Transportation Cir- culation and Access Management. The application, all docu- ments and evidence submitted by or on behalf of the appli- cant, and applicable criteria are available for inspection at no cost from the plan- ning department, and copies will be provided for $0.56 per page. TESTI- MONY: The deadline to submit written testimony is July 7, 2021. Failure to raise an issue in writing within the comment period, or failure to provide statements or evidence suffi- cient to afford the decision maker an opportunity to re- spond to the issue precludes appeal to the city council or LUBA on that issue. Testimony may be mailed or delivered to city hall at 211 2nd St., Hood River, OR 97031; or e-mailed to j.kaden@cityof hoodriver.gov. June 23, 2021 #1704 Invitation to Bid City of Hood River PUBLIC STREET- LIGHT PAINTING PROJECT #701 Written, sealed bids from qualified contractors will be received by the City of Hood River (Own- er) at Hood River Public Works, 1200 18th Street, Hood River, Oregon 97031, until 2:00 PM on July 5, 2021. Bids shall be clearly marked BID for “Public S t re e t l i g h t Pa i n t - ing-Various Loca- tions” and shall show the date and time of bid closing. The person designated to receive offers at the above address is Mark Janeck, Direc- tor of Public Works. In lieu of a public bid opening, all bidders will receive a tabu- lated list of all bids received. Questions re- g a rd i n g t h e p ro j - ect should be sub- mitted via email to m.janeck@cityof- hoodriver.gov. State- ments made by Owner or Owner’s representatives will not be binding upon the Owner unless confirmed by writ- ten Addendum. The deadline for ques- tions is June 28, 2021 at 12:00 PM (noon). Bidders must comply with ORS 27 9 . 0 27 re g a rd - ing submission of First-Tier Subcon- tractor Disclosure Form by the deadline indicated on the form. Disclosure forms are provided in the Bid Documents. Th e w o r k t o b e done under this c o n t ra c t c o n s i s t s of scraping off any loose paint, sand- ing and cleaning streetlight poles and streetlight bases, with the application of two (2) layers of B e n j a m i n M o o re Corotec High Per- formance Command high gloss paint on approximately 147 streetlights in vari- ous locations in the City. Cover concrete bases and sidewalk during painting and remove unwanted debris from each job site. All work is located in Hood River, OR. Th e p ro j e c t l o c a- tion is described above. The work is more particularly de- scribed in the project plans. Prequalification is not required; how- ever, applicant must submit with its Bid evidence of qualifi- cations and experi- ence to perform the work. The work is fully described in the Contract Docu- ments, which may be obtained or exam- ined at Hood River Public Works, 1200 18th Street, Hood River, OR 97031. Bid packages will be mailed for a $35.00 charge. Make checks payable to the City of Hood River. If mailed, 211 2 n d S t re e t , H o o d River, OR 97031. To order plans, phone 5 41 . 3 87 . 5 2 01 o r request via e-mail to m.messmer@cityof- hoodriver.gov . Bids will be opened immediately after the deadline for bid submission. Bids shall be sub- mitted on the bid forms supplied in the bidding documents and shall be accom- panied by a bond, postal money order, certified or cashier’s check from the bid- der in the amount of at least five percent (5%) of the bid as security. Th e s u c c e s s f u l bidder will be re- quired to execute a formal agreement with the Owner and provide acceptable insurance and both a performance bond and a material and labor payment bond each in an amount equal to 100% of the contract award in accordance with the Specifications within ten (10) days of No- tice of Award. The project is a public work subject to ORS 279C.800 to 279C.870. Con- tractor must be reg- istered with the Or- egon Construction Contractors Board (CCB) prior to the bid opening and must file a public works bond in the amount of $30,000 with the CCB pri- or to commencing work on the project. Depending on the c o n t ra c t a m o u n t , Contractor must pay Pre v a i l i n g W a g e s in accordance with ORS 279C.800 to 279C.870. No Bid will be received or considered by the Owner unless the Bid contains a state- ment that Bidder agrees to be bound by and will comply with the provisions of ORS 279C.840 or 40 USC § 276a. The Owner may reject any Bid not in compliance with prescribed public bidding procedures and requirements. The Owner may re- ject for good cause any or all bids upon a finding of the Owner that it is in the public interest to do so. The City of Hood River is an equal op- portunity employer. ADA accommoda- tions will be provided on request; phone (541) 387-5201. June 23, 30, 2021 #1705 A M E N D E D TRUSTEE’S NOTICE OF SALE Effective June 1, 2021, Oregon House Bill 2009 (“HB 2009”) imposed a stay on residential foreclosures by con- tinuing the moratori- um imposed by Ore- gon House Bill 4204 (“HB 4204”) retroac- tive to December 31, 2020, when HB 4204 previously expired. The Emergency Peri- od under HB 2009 begins on December 31, 2020, and ex- pires September 30, 2021. This amended notice modifies and amends that certain Trustee’s Notice of Sale dated March 16, 2021 (the “Origi- nal Notice”), by de- leting from the “Property” described in the Original Notice any tract of land that is a “Subject Proper- ty” as defined by HB 2009. PLEASE TAKE NOTICE that the foregoing instrument shall constitute no- t i c e , p u rs u a n t t o ORS 86.764, that the Grantor of the Trust Deed described be- low has defaulted on its obligations to beneficiary, and that the Beneficiary and Successor Trustee under the Trust Deed have elected to sell the property secured by the Trust Deed: DEED OF TRUST AND PROPERTY DE- SCRIPTION: This in- strument makes ref- erence to that certain Deed of Trust d a t e d M a rc h 2 3 , 2018, and recorded March 26, 2018, in the Official Records of Hood River Coun- ty, Oregon, as Instru- m e n t N o . 2 018 - 0 0 9 37 , w h e re i n RICHARD H. FOX AND ELLANA M. FOX, as Trustees of the Fox Family Revo- cable Trust U/T/A dated October 13, 2005, and RICHARD H. FOX AND ELLANA M. FOX, as tenants by the entirety, are the Grantor, AMER- ITITLE is the original Trustee, and FIRST INTERSTATE BANK (as successor by merger with Inland Northwest Bank) is the Beneficiary, as modified by that cer- tain Modification of Deed of Trust dated June 20, 2018, and recorded June 26, 2018, in the Official R e c o rd s o f H o o d River County, Ore- gon, as Instrument No. 2018-01986 (the “ D e e d o f Tr u s t ” ) . The aforementioned Deed of Trust covers property (the “Prop- erty”) described as: See Amended Exhib- it A attached. To- gether with all build- i n g s , s t r u c t u re s , fixtures and other improvements now or hereafter located thereon (the “Im- p ro v e m e n t s ” ) , a l l Additional Collateral described in Exhibit B attached hereto a n d i n c o r p o ra t e d herein by reference, and all other person- al property de- scribed in the Deed of Trust. The under- signed hereby certi- fies that he has no knowledge of any assignments of the Deed of Trust by the Trustee or by the Beneficiary or any appointments of a Successor Trustee other than the ap- pointment of DAVID W. CRISWELL, ESQ., as Successor Trust- ee as recorded in the property records of the county in which t h e Pro p e r t y d e - scribed above is sit- uated. Further, the undersigned certifies that no action has been instituted to re- cover the debt, or a n y p a r t t h e re o f , now remaining se- cured by the Deed of Trust. Or, if such ac- tion has been insti- tuted, it has been dismissed except as permitted by ORS 86.752(7). The name and address of the Successor Trustee is as follows: David W. Criswell, Successor Trustee, Lane Powell PC, 601 SW Second Avenue, Suite 2100, Portland, OR 97204. The Deed of Trust is a “Residential Trust Deed”, as defined in ORS 86.705(6). However, the Benefi- ciary has filed the necessary exemp- tion affidavit with the Attorney General for the State of Oregon as required under ORS 86.726(1)(b) and has recorded a copy of the affidavit in the property re- cords of the county in which the Property described above is situated as required u n d e r O R S 86.752(4)(b). In ad- dition, the Beneficia- ry has complied with t h e p ro v i s i o n s o f ORS 86.748. The re- quirements of ORS 86.771(10) do not apply. DEFAULT BY PUBLIC NOTICES continued HoodRiverNews.com • TheDallesChronicle.com • WhiteSalmonEnterprise.com