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About Keizertimes. (Salem, Or.) 1979-current | View Entire Issue (June 26, 2015)
PAGE B2, KEIZERTIMES, JUNE 26, 2015 public notices TRUSTEE’S NOTICE OF SALE TRUSTEE’S NOTICE OF SALE The Trust Deed described herein is a residential trust deed, as defi ned in ORS 86.705(6). This Notice of Default could be subject to the mandatory resolution conference requirements applicable to residential trust deeds being foreclosed in Oregon after July 11, 2012. See ORS 86.726. However, the lender and current benefi ciary of the Trust Deed is exempt from the requirement, pursuant to ORS 86.726(1) (b). A copy of the benefi ciary exemption affi davit for 2015 is on fi le with the Oregon Department of Justice. A copy of the Exemption Affi davit, required pursuant to ORS 86.726(1)(b), was recorded on behalf of Columbia State Bank, in the real property records of Marion County, Oregon on February 23, 2015 in Reel 3674, at Page 344 and prior to recordation of the Notice of Default. Reference is made to that certain Trust Deed (hereinafter “Trust Deed”) made by Glen P. Zielinski and Mary Ann Zielinski, as tenants by the entirety, as Grantors, to West Coast Trust, as Trustee, in favor of West Coast Bank, as the original Benefi ciary, dated January 22, 2007, executed January 29, 2007, recorded February 2, 2007, in the mortgage records of Marion County, Oregon, in Reel 2769, at Page 78, last modifi ed by a Forbearance Agreement dated September 8, 2009, and covering the following described real property situated in the above-mentioned county and state, to wit: Real property described in Exhibit A, attached hereto and incorporated by this reference herein. Property tax account Nos. R18284, R18285, and M131251. Real property or its address is commonly known as 10963 River Rd. NE, Gervais, OR 97026 (the “Real Property”). Please note that the Real Property does not include and expressly excludes the manufactured structure referred to in Marion County Property Tax Account No. M127882. The undersigned hereby disclaims any liability for any incorrectness of the above- described street address or other common designation, together with any right, title or interest in any manufactured structure located on the Real Property but not expressly included therein. The undersigned as successor trustee hereby certifi es that no assignments of the trust deed by the Trustee or by the Benefi ciary and no appointments of a successor trustee have been made except as recorded in the mortgage records of the county or counties in which the above-described Real Property is situated together with appointing Saalfeld Griggs PC as the current successor trustee; further, that no action has been instituted to recover the debt, or any part thereof, now remaining secured by the Trust Deed, or, if such action has been instituted, such action has been dismissed except as permitted by ORS 86.752(7). The Real Property will be sold to satisfy the Promissory Note identifi ed below secured by the Trust Deed and a Notice of Default has been recorded pursuant to Oregon Revised Statutes 86.752(3); the default(s) for which the foreclosure is made are the following: Loan No.: 6000757 Grantors’ failure to pay the full amount due and owing upon maturity, pursuant to the terms of the Trust Deed and that certain Promissory Note dated March 10, 2004 and referenced therein (“Promissory Note”). Grantors are further in default for failure to timely pay when due property taxes due and owing to the Marion County Tax Collector upon the Real Property, as required in the Trust Deed, for the tax years 2011-2014, totaling $5,978.21, as of February 16, 2015. Because of the maturity default, the current Benefi ciary has and does hereby declare all sums owing on the Promissory Note secured by the Trust Deed immediately due and payable, those sums being the following, to wit: Principal Balance: $232,941.89 Accrued Interest: $131,677.02 Late Charges: $26,633.81 Total: $391,252.72* *Total does not include accrued interest at the rate of $35.60 per diem from November 11, 2014 until paid, additional late charges, expenditures, or trustee fees, and attorney fees and costs. A total payoff amount as of a specifi c date is available upon written request to the successor trustee. Wherefore, notice hereby is given that the undersigned successor trustee will on Friday, July 10, 2015, at the hour of 10:00 a.m. in accord with the standard of time established by ORS 187.110, at the Front Entrance of the Marion County Courthouse, 100 High Street NE, in the City of Salem, State of Oregon, which is the hour, date and place last set for the sale, sell at public auction to the highest bidder for cash the interest in the Real Property which the Grantor had or had power to convey at the time of the execution by Grantor of the Trust Deed, together with any interest which the Grantor or Grantor’s successors in interest acquired after the execution of the Trust Deed, to satisfy the foregoing Promissory Note secured by the Trust Deed and the costs and expenses of sale, including a reasonable charge by the successor trustee. The successor trustee intends to foreclose upon the Real Property, but excluding the manufactured structure if located on the Real Property identifi ed in Marion County Tax Account No. M127882. Notice is further given that any person named in ORS 86.778 has the right, at any time not later than fi ve days before the date last set for the sale, to have this foreclosure proceeding dismissed and the Trust Deed reinstated by paying the entire amount then due (other than such portion of the principal as would not then be due had no default occurred), together with costs, trustee’s fees and attorney fees and costs, and by curing any other default complained of in the Notice of Default, that is capable of being cured by tendering the performance required under the Promissory Note or Trust Deed. Finally, notice is hereby provided that without limiting the trustee’s disclaimer of representations or warranties, Oregon law requires the trustee to state in this notice that some residential property sold at a trustee’s sale may have been used in manufacturing methamphetamines, the chemical components of which are known to be toxic. Prospective purchasers of residential property should be aware of this potential danger before deciding to place a bid for this property at the trustee’s sale. In construing this Notice of Sale, the singular includes the plural, the word “Grantor” includes any successor in interest to the Grantor as well as any other person owing an obligation, the performance of which is secured by the Trust Deed, and the words “Trustee” and “Benefi ciary” include their respective successors in interest, if any. The mailing address for the successor trustee, as referenced herein, is as follows: Erich M. Paetsch, Vice President Saalfeld Griggs, P.C, Successor Trustee P.O. Box 470 Salem, OR 97308-0470 Trustee’s Telephone Number: 503-399-1070 Dated: This 5th day of March, 2015. Saalfeld Griggs PC, Successor Trustee /s/ Erich M. Paetsch By: Erich M. Paetsch, OSB# 993350 Its: Vice President Trustee telephone number: (503) 399 1070 State of Oregon, County of Marion ss. I, the undersigned, certify that I am the attorney or one of the attorneys for the above named Successor Trustee and that the foregoing is a complete and exact copy of the original Trustee’s Notice of Sale. /s/ Erich M. Paetsch Attorney for said Trustee Exhibit A Parcel 1: All that portion of the herein described tract lying West of River Road: Beginning 3.572 chains South 89°37’ West from the Quarter Section corner of the East line of Section 6 in Township 6 South, Range 2 West of the Willamette Meridian in Marion County, Oregon; thence South 32°38’ West along the Oregon Electric Railroad right of way 18.81 chains to an iron rod; thence South 89°44’ West 10.41 chains to the Northwest corner of Lot 1 in Block 3 of West Waconda; thence North 16° West 0.243 chains; thence South 89°44’ West 8.76 chains to the center of the County Road; thence North 17°49’ East along the center line of said road 1.46 chains to an iron pipe; thence North 89°48’ West 8.33 chains to an iron pipe; thence North 8° East 2.14 chains to an iron rod; thence East 18.8 links to an iron bar; thence North 8° East 11.61 chains to an iron rod; thence North 89°37’ East 12.03 chains to the center of the aforesaid County Road; thence North 23° West in the center of said Road 30.3 links; thence North 89°37’ East 24.9 chains to the point of beginning, in the Southeast Quarter of Section 6 in Township 6 South, Range 2 West of the Willamette Meridian, Marion County, Oregon. Parcel 2: Beginning at the Southeast corner of the Earl D. Jones Donation Land Claim No. 50 in Section 6, Township 6 South, Range 2 West of the Willamette Meridian, Marion County Oregon; and running thence South 89°27’ East 174.11 feet to an iron bar; thence North 00°32’ East 787.72 feet to an iron pipe; thence North 89°56’ West 174.11 feet to an iron pipe; thence North 00°58’ West 204.18 feet to an iron pipe; thence North 89°54’ West 102.68 feet to an iron pipe; thence South 00°36’ West 988.82 feet to an iron pipe in the South line of aforesaid Earl D. Jones Donation Land Claim; thence South 89°00’ East along said South line 102.20 feet to the point of beginning. Also, a right of way as follows: Beginning at the most Easterly Northeast corner of the above described tract, which Northeast corner is 174.11 feet South 89°27’ East and 787.72 feet North 00°32’ East from said Southeast corner of the Earl D. Jones Donation Land Claim; and running thence South 89°56’ East 795.55 feet to an iron rod in the centerline of Market Road No. 36; thence South along said centerline 20.00 feet to a point; thence North 89°56’ East 795.73 feet to a point; thence North 00°32’ East 20.00 feet to the point of beginning. Specifi cally excluding therefrom mobile home identifi ed in the Marion County tax records account no. M127882 titled to the Dolores M. Zielinski Trust and according to public records purportedly attached to land identifi ed as tax lot number R18283 located at street address 10973 River Road NE, Gervais, Oregon. 6/5, 6/12, 6/19, 6/26 NOTICE OF SHERIFF'S SALE On 10th day of July, 2015, at 10:00 AM, at the main entrance of the Marion Co. Courthouse, in Salem, OR, I will sell the following real property: 4831 Lone Oak Road SE, Salem, in the case of NATIONSTAR MORTGAGE LLC, Plaintiff, vs. JOSHUA D. BACKER, MELANIE B. BACKER AKA MELANIE B. UNGER, OCCUPANTS OF THE PROPERTY, Defendant(s). For more information go to www. oregonsheriffs.com/sales.htm 6/12, 6/19, 6/26, 7/3