Columbia Gorge News
www.columbiagorgenews.com
Wednesday, June 30, 2021
B9
Public Notices
HOOD RIVER
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
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
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 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 (collec-
tively, the “Grantor”),
under the Deed of
Trust and the written
documents for Loan
No. 88965002, in-
cluding the promis-
sory note dated and
effective as of March
23, 2018, as modi-
fied by a Change in
Terms Agreement
dated June 20, 2018
( t o g e t h e r, t h e
“Note”), made by
Richard H. Fox and
Ellana M. Fox (“Bor-
rower”) in favor of
Lender. Based on
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
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.
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”), the indebt-
edness evidenced by
the promissory note
under Loan No.
1041000 (“Term Note
4”), and the indebt-
edness evidenced by
the promissory note
under Loan No.
1041400 (“Stadel-
man Note”). 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 Term
1 Note. As of March
2, 2021, the total
sum secured by the
Deed of Trust, inclu-
sive of all accelerat-
ed 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
$2,193,830.41. De-
f a u l t i n t e re s t p e r
diem is $1,028.42.
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) allow-
ing an Oregon De-
partment of Revenue
PUBLIC
NOTICES
continued
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