Keizertimes. (Salem, Or.) 1979-current, October 02, 2015, Image 15

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    SECTION B
TRUSTEE’S NOTICE OF SALE
TRUSTEE’S NOTICE
OF SALE
REFERENCE is made to
that certain trust deed made
by CYNTHIA J. AUSTIN,
being the Grantor, and FIRST
AMERICAN TITLE, being
the Trustee, and ALAN G.
HANSON, being successor
Trustee, and MARION AND
POLK SCHOOLS CREDIT
UNION, being the benefi ciary
under that certain trust deed
dated the 27th day of October
2003, and recorded on the
3rd day of November 2003, in
Reel 2228, at Page 347 in the
Microfi lm Records of Marion
County, Oregon, covering
the
following
described
real property situated in the
above-mentioned county and
state, to-wit:
Lot 9, Block 9, Hayesville
Estate No. 3, Marion County
Oregon
Both the benefi ciary and
the trustee have elected to
sell the said real property
to satisfy the obligations
secured by said trust deed
and a notice of default has
been recorded pursuant to
Oregon Revised Statutes
86.735(3); the default for
which foreclosure is made is
grantor’s failure to pay when
due the following sums:
Monthly
payments
in
the amount of 518.00 from
December 31, 2014 to
present; together with all
costs, disbursements, and/
or fees incurred or paid by the
benefi ciary and/or trustee,
their employees, agents or
assigns; plus real property
taxes (if any), together with
any penalties, delinquent
interest and late charges
thereon.
By reason of the default,
the benefi ciary has declared
all sums owing on the
obligation secured by the
trust deed immediately due
and payable, those sums
being the following, to-wit:
Principal
balance
of
$40,451.14 plus interest at
a rate of 5.875 percent per
annum from May 31, 2015
until paid; together with
property taxes, title expense,
costs, trustee’s fees and
attorneys fees incurred herein
by reason of said default; and
any further sums advanced
by the benefi ciary for the
protection of the above
described real property and
its interest therein.
WHEREFORE,
notice
hereby is given that the
undersigned trustee will at
the hour of 10:00 o’clock
A.M., in accord with the
standard of time established
by ORS 187.110, on October
20, 2015, at the following
place: On the steps of the
Front Entrance of the Marion
County Courthouse, 100 High
St NE, Salem, Marion County,
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 the
power to convey, at the time
of the execution by grantor
of the trust deed, together
with any interest the grantor
or grantor’s successor in
interest acquired after the
execution of the trust deed,
to satisfy the obligations
secured by the trust deed
and the expenses of the sale,
including the compensations
of the trustee as provided by
law, and the reasonable fees
of trustee’s attorneys.
Notice is further given that
any person named in ORS
86.753 has the right, at any
time prior to fi ve days before
the date last set for the sale,
to have this foreclosure
proceeding dismissed and
the trust deed reinstated by
payment to the benefi ciary
of the entire amount then
due (other than such portion
of the principal as would not
then be due had no default
occurred) and by curing any
other default complained
of herein that is capable of
being cured by tendering the
performance required under
the obligation or trust deed,
and in addition to paying
the sums or tendering the
performance necessary to
cure the default, by paying all
costs and expenses actually
incurred in enforcing the
obligation and trust deed,
together with trustee’s and
attorney’s fees not exceeding
the amounts provided by
ORS 86.753.
In construing this notice,
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
OCTOBER 2, 2015
their respective successors in
interest, if any.
DATED this the 18th day of
June 2015.
Alan G. Hanson;
Successor Trustee
9/11, 9/18, 9/25, 10/2
NOTICE OF SHERIFF'S SALE
On 20th day of October,
2015, at 10:00 AM, at the
main entrance of the Marion
Co. Courthouse, in Salem,
OR, I will sell the following
real property: 1480 Pacwood
Court SE, Salem, in the case
of HOMESTREET BANK, a
Washington state chartered
savings bank, Plaintiff, vs.
JOSEPH C. DAVIDSON, an
individual, ALL OCCUPANTS
of the real property located
at 1480 Pacwood Court
SE,
Salem,
Oregon,
MAPS CREDIT UNION, an
association, Defendant(s). For
more information go to http://
oregonsheriffssales.org.
9/18, 9/25, 10/2, 10/9
NOTICE OF SHERIFF'S SALE
On 20th day of October,
2015, at 10:00 AM, at the
main entrance of the Marion
Co. Courthouse, in Salem,
OR, I will sell the following
real property: 1015 15th St
SE, Salem, in the case of
NATIONSTAR MORTGAGE,
LLC, Plaintiff, vs. SCOTT
A. CIULLO, EVELYN SUE
PIETROWSKI-CIULLO,
PERSONS
OR
PARTIES
UNKNOWN
CLAIMING
ANY RIGHT, TITLE, LIEN,
OR INTEREST IN THE
PROPERTY DESCRIBED IN
THE COMPLAINT HEREIN,
Defendant(s).
For
more
information go to http://
oregonsheriffssales.org.
9/18, 9/25, 10/2, 10/9
NOTICE OF SHERIFF'S SALE
On 20th day of October,
2015, at 10:00 AM, at the
main entrance of the Marion
Co. Courthouse, in Salem,
OR, I will sell the following
real property: 4810 Gobert
Ave NE, Keizer, in the case of
OCWEN LOAN SERVICING,
LLC, ITS SUCCESSORS
AND/OR ASSIGNS, Plaintiff,
vs. ERIC LEWIS, KIMBERLY
LEWIS, DISCOVER BANK,
ISSUER OF THE DISCOVER
CARD, MIDLAND FUNDING,
LLC., ALL OTHER PERSONS
OR PARTIES UNKNOWN
CLAIMING ANY RIGHT, TITLE,
LIEN, OR INTEREST IN THE
PROPERTY
COMMONLY
KNOWN AS 4810 GOBERT
AVE NE, KEIZER, OR 97303,
Defendant(s).
For
more
information go to http://
oregonsheriffssales.org.
9/18, 9/25, 10/2, 10/9
SUMMONS
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY
OF MARION
Case No. 15CV15034
SUMMONS
In the Matter of:
Devon Wade, through his
Conservator, Allan F. Griffi th,
Plaintiff,
vs.
Lewis Wright,
Defendant.
TO: Lewis Wright
3109 Rosemary Lane
Salem, OR 97302
IN THE NAME OF THE
STATE OF OREGON: You
are hereby required to appear
and defend the complaint
fi led against you in the above-
entitled cause within 30 days
from the date of service of
this summons on you; and if
you fail to appear and defend,
the plaintiff will apply to the
court for the relief demanded
in the complaint.
NOTICE TO DEFENDANT:
READ THESE PAPERS
CAREFULLY
You must “appear” in this
case or the other side will win
automatically. To “appear”
you must fi le with the court a
legal paper called a “motion”
or “answer.” The “motion” or
“answer” must be given to the
court clerk or administrator
plaintiffs attorney or, if the
plaintiff does not have an
attorney, proof of service on
the plaintiff.
If you have any questions,
you should see an attorney
immediately. If you need help
in fi nding an attorney, you
may call the Oregon State
Bar’s Lawyer Referral Service
at (503) 684-3763 or toll-free
in Oregon at (800) 452-7636.
Dated: June 11, 2015
Date of fi rst publication:
September 18, 2015.
David L. Carlson,
OSB 942653
Attorney for Allan Griffi th
PO Box 13066
Salem, OR 97309
503-365-0373 /
503-365-0374 (fax)
david@DavidCarlson-attorney.com
9/18, 9/25, 10/2
COMPLAINT
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY
OF MARION
Case No. 15CV15034
COMPLAINT – FINANCIAL
ELDER ABUSE, ORS 124.110
In the Matter of:
Devon Wade, through his
Conservator, Allan F. Griffi th,
Plaintiff,
vs.
Lewis Wright,
Defendant.
Comes now the Plaintiff,
Allan F. Griffi th as conservator
for Devon Wade, by and
through his attorney, David L.
Carlson, and on information
and belief alleges as follows:
1.
Plaintiff is a resident of
Marion County, Oregon.
2.
Defendant is a resident of
Marion County.
3.
At all times relevant to the
events alleged herein, Plaintiff
was an incapacitated and
fi nancially incapable adult
individual over the age of
sixty-fi ve years and as such
was and is a vulnerable
person pursuant to ORS
124.100(1)(e). His conservator
is Allan F. Griffi th.
4.
The
protected
person
at the urging, request and/
or coercion of or by the
Defendant
did
provide
the Defendant or pay to
third parties on behalf of
the Defendant with sums
of money not less than
$66,180.00 between March
1, 2010 and December 15,
2015. Said sums were not for
the benefi t of the protected
person.
Claim One: Elder Financial
Abuse - ORS 124.110
5.
Plaintiff realleges paragraphs
one through four above and
incorporates them by reference
herein.
6.
Defendant’s actions as
alleged above were a wrongful
taking or appropriation of
money or property of the
Plaintiff, a vulnerable person,
in the amount of not less than
$66,180.00.
7.
Plaintiff
has
suffered
economic damages in the
amount of at least $66,180.00.
Pursuant to ORS 124.110
Plaintiff is entitled to recover
the sum of $198,540.00.
8.
Plaintiff is entitled to
recover attorney fees and
fees for the services of the
conservator (ORS 124.100).
Claim Two: Unjust
Enrichment
9.
Plaintiff realleges paragraphs
one through four, above.
10.
Defendant’s actions as
alleged above were an unjust
enrichment of the Defendant
with money or property of the
Plaintiff, a vulnerable person,
in the amount of $66,180.00.
11.
Plaintiff has been damaged
in the amount of$66,180.00.
Plaintiff seeks the imposition
of a constructive trust of the
property, real and personal, of
the Defendant.
Claim Three: Conversion
12.
Plaintiff realleges paragraphs
one through four, above.
13.
Defendant’s
actions
as alleged above were a
conversion of money or
property of the Plaintiff, a
vulnerable person, in the
amount of $66,180.00.
14.
Plaintiff has, by Defendant’s
actions been damaged in the
amount of $66,180.00.
Wherefore, Plaintiff Prays
for a Judgment
1.
In
the
amount
of$198,540.00 plus interest,
conservator’s
fees
and
attorney fees for Claim One;
and,
2. In the amount of
$66,180.00
plus
interest
and the imposition of a
constructive
trust
over
Defendant’s property, both
real and personal, for Claim
PUBLIC NOTICES
Two;
3. In the amount of
$66,180.00 plus interest and
attorney fees for Claim Three.
Dated: June 11, 2015
Date of fi rst publication:
September 18, 2015.
IN THE REAL PROPERTY
COMMONLY KNOWN AS
13181 LAKEWOOD DRIVE
NE, AURORA, OR 97002,
Defendant(s).
For
more
information go to http://
oregonsheriffssales.org.
9/18, 9/25, 10/2, 10/9
David L. Carlson,
OSB 942653
Attorney for Allan Griffi th
PO Box 13066
Salem, OR 97309
503-365-0373 /
503-365-0374 (fax)
david@DavidCarlson-attorney.com
9/18, 9/25, 10/2
NOTICE OF SHERIFF'S SALE
On 16th day of October,
2015, at 10:00 AM, at the
main entrance of the Marion
Co. Courthouse, in Salem,
OR, I will sell the following
real property: 965 Madison
St NE, Salem, in the case of
THE BANK OF NEW YORK
MELLON TRUST COMPANY,
NATIONAL
ASSOCIATION
FKA THE BANK OF NEW
YORK TRUST COMPANY,
N.A.
AS
SUCCESSOR
TO JPMORGAN CHASE
BANK N.A., AS TRUSTEE
FOR RESIDENTIAL ASSET
MORTGAGE
ASSET-
BACKED PASS-THROUGH
CERTIFICATES,
SERIES
2004-RS3,
Plaintiff,
vs.
DAVID DELANEY, DARLENE
DELANEY, CITIBANK SOUTH
DAKOTA
NA,
MIDLAND
FUNDING, LLC, CAVALRY
PORTFOLIO
SERVICES,
LLC, ALL OTHER PERSONS
OR PARTIES UNKNOWN
CLAIMING
ANY
RIGHT,
TITLE, LIEN, OR INTEREST
IN THE REAL PROPERTY
COMMONLY KNOWN AS 965
MADISON ST. NE, SALEM,
OR 97303, Defendant(s). For
more information go to http://
oregonsheriffssales.org.
9/18, 9/25, 10/2, 10/9
NOTICE OF SHERIFF'S SALE
On 16th day of October,
2015, at 10:00 AM, at the
main entrance of the Marion
Co. Courthouse, in Salem,
OR, I will sell the following
real property: 2390 Fisher
Rd NE, Salem, in the case of
DEUTSCHE BANK NATIONAL
TRUST
COMPANY,
AS
TRUSTEE FOR AMERIQUEST
MORTGAGE
SECURITIES
INC., ASSET-BACKED PASS-
THROUGH CERTIFICATES,
SERIES 2003-5, Plaintiff, vs.
DEANNE
ESPERICUETA,
QUICK
COLLECT,
INC.,
PERSONS
OR
PARTIES
UNKNOWN
CLAIMING
ANY RIGHT, TITLE, LIEN,
OR INTEREST IN THE
PROPERTY DESCRIBED IN
THE COMPLAINT HEREIN,
Defendant(s).
For
more
information go to http://
oregonsheriffssales.org.
9/18, 9/25, 10/2, 10/9
NOTICE OF SHERIFF'S SALE
On 19th day of October,
2015, at 10:00 AM, at the
main entrance of the Marion
Co. Courthouse, in Salem,
OR, I will sell the following real
property: 4690 Rawhide Court
NE, Salem, in the case of
WELLS FARGO BANK, N.A..,
its successors in interest
and/or assigns, Plaintiff, vs.
TARA PANTOVICH AKA TARA
A. PANTOVICH AKA TARA
ANNE DAIMLER AKA TARA
DAIMLER, VALLEY CREDIT
SERVICE, INC., OCCUPANTS
OF
THE
PREMISES,
THE
REAL
PROPERTY
LOCATED AT 4690 RAWHIDE
COURT
NORTHEAST,
SALEM, OREGON 97305,
Defendant(s).
For
more
information go to http://
oregonsheriffssales.org.
9/18, 9/25, 10/2, 10/9
NOTICE OF SHERIFF'S SALE
On 20th day of October,
2015, at 10:00 AM, at the
main entrance of the Marion
Co. Courthouse, in Salem,
OR, I will sell the following
real
property:
13181
Lakewood Dr NE, Aurora, in
the case of BAYVIEW LOAN
SERVICING, LLC, Plaintiff,
vs. PATRICIA L. MCGUFFIN,
SPENCER A. MCGUFFIN,
OREGON
AFFORDABLE
HOUSING
ASSISTANCE
CORPORATION,
STATE
OF
OREGON,
CAPITAL
ONE BANK (USA), N.A.,
METRO AREA COLLECTION
SERVICE,
INC.,
ALL
OTHER
PERSONS
OR
PARTIES
UNKNOWN
CLAIMING
ANY
RIGHT,
TITLE, LIEN, OR INTEREST
NOTICE TO INTERESTED PERSONS
NOTICE IS HEREBY GIVEN
that the undersigned has
been appointed personal
representative of the Estate
of Brian A. Gervol, Marion
County Circuit Court Case
No. 15PB03787. All persons
having
claims
against
the estate are required to
present them, with vouchers
attached, to the undersigned
personal
representative
at 1011 Liberty Street SE,
Salem, Oregon 97302, within
four months after the date of
fi rst publication of this notice,
or the claims may be barred.
All persons whose rights
may be affected by the
proceedings may obtain
additional information from
the records of the court, the
personal representative, or
the attorneys for the personal
representative.
Dated and fi rst published:
September 18, 2015.
Magnus Gervol
Personal Representative
Oregon Probates LLC
Attorneys for Personal
Representative
1011 Liberty Street SE
Salem, OR 97302
Phone: {503) 779-0088
9/18, 9/25, 10/2
NOTICE TO INTERESTED PERSONS
IN THE CIRCUIT COURT OF
THE STATE OF OREGON
FOR THE COUNTY
OF MARION
Case No. 15PB03277
NOTICE TO INTERESTED
PERSONS
In the Matter of the Estate of:
GENE STEVEN FUNSTON,
Deceased.
NOTICE IS HEREBY GIVEN
that Rick Jay Funston has
been appointed Personal
Representative. All persons
having
claims
against
the estate are required to
present them, with vouchers
attached, to the undersigned
Person~ Representative at
6818 137th Avenue NE, No.
440, Redmond WA 98052,
within four months after the
date of fi rst publication of this
notice, or the claims may be
barred.
All persons whose rights
may be affected by the
proceedings may obtain
additional information from
the records of the court, the
Personal Representative, or
the attorney for the personal
representative, John Bassett.
Dated and fi rst published
on September 18, 2015.
John Bassett, OSB #650121
Attorney for
Rick Jay Funston
Personal Representative
PERSONAL
REPRESENTATIVE:
Rick Jay Funston
6818 137th Av. NE, No. 440
Redmond, WA 98052
Telephone: (425) 881-2219
ATTORNEY FOR PERSONAL
REPRESENTATIVE:
John Bassett, OSB #650121
2711 SE Swain Avenue
Milwaukie, OR 97267
Telephone: 503-659-1086
Fax Number: (503) 654-5325
E-Mail: jpb_3@msn.com
OR, I will sell the following
real property: 2337 B Street,
Hubbard, in the case of
GREEN TREE SERVICING
LLC, Plaintiff, vs. ESTATE
OF GARY ALAN BOOTH,
DECEASED,
UNKNOWN
HEIRS
AND
DEVISEES
OF GARY ALAN BOOTH,
DECEASED,
CARY
A.
HEPLER, JAMES A. BOOTH,
NEDDRA STEVENS BOOTH,
JULIE L. BRUSCH, DEANA
M.
PORTIS,
PERSONS
OR PARTIES UNKNOWN
CLAIMING
ANY
RIGHT,
TITLE, LIEN, OR INTEREST IN
THE PROPERTY DESCRIBED
IN THE COMPLAINT HEREIN,
Defendant(s).
For
more
information go to http://
oregonsheriffssales.org.
9/25, 10/2, 10/9, 10/16
NOTICE OF SHERIFF'S SALE
On 26th day of October,
2015, at 10:00 AM, at
the main entrance of the
Marion Co. Courthouse, in
Salem, OR, I will sell the
following real property: 337
S Settlemier, Woodburn, in
the case of WILMINGTON
SAVINGS FUND SOCIETY,
FSB D/B/A CHRISTIANA
TRUST AS TRUSTEE OF
THE RESIDENTIAL CREDIT
OPPORTUNITIES
TRUST
SERIES 2015-1, Plaintiff,
vs. TERRANCE D. LEDER,
PATRICIA K. LEDER, ALL
OTHER
PERSONS
OR
PARTIES
UNKNOWN
CLAIMING
ANY
RIGHT,
TITLE, LIEN, OR INTEREST
IN THE REAL PROPERTY
COMMONLY KNOWN AS
337 SOUTH SETTLEMIER
AVENUE, WOODBURN, OR
97071, Defendant(s). For
more information go to http://
oregonsheriffssales.org.
9/25, 10/2, 10/9, 10/16
NOTICE OF SHERIFF'S SALE
On 26th day of October,
2015, at 10:00 AM, at the
main entrance of the Marion
Co. Courthouse, in Salem,
OR, I will sell the following
real property: 175 8th St,
Scotts Mills, in the case
of U.S. BANK NATIONAL
ASSOCIATION,
Plaintiff,
vs. CLARK C. GITTINGS,
JEANENE
K.
GITTINGS,
PERSONS
OR
PARTIES
UNKNOWN
CLAIMING
ANY RIGHT, TITLE, LIEN,
OR INTEREST IN THE
PROPERTY DESCRIBED IN
THE COMPLAINT HEREIN,
Defendant(s).
For
more
information go to http://
oregonsheriffssales.org.
9/25, 10/2, 10/9, 10/16
NOTICE OF SHERIFF'S SALE
On 26th day of October,
2015, at 10:00 AM, at the
main entrance of the Marion
Co. Courthouse, in Salem,
OR, I will sell the following
real property: 155 23rd
St NE, Salem, in the case
of BANK OF AMERICA,
N.A.,
SUCCESSOR
BY
MERGER TO, BAC HOME
LOANS
SERVICING,
LP
FKA COUNTRYWIDE HOME
LOANS
SERVICING,
LP,
Plaintiff, vs. MARIA L. REYNA,
PERSONS
OR
PARTIES
UNKNOWN
CLAIMING
ANY RIGHT, TITLE, LIEN,
OR INTEREST IN THE
PROPERTY DESCRIBED IN
THE COMPLAINT HEREIN,
Defendant(s).
For
more
information go to http://
oregonsheriffssales.org.
9/25, 10/2, 10/9, 10/16
9/18, 9/25, 10/2
NOTICE OF SHERIFF'S SALE
On 26th day of October,
2015, at 10:00 AM, at the
main entrance of the Marion
Co. Courthouse, in Salem,
OR, I will sell the following
real property: 4126 Arnold
St NE, Salem, in the case
of U.S. BANK NATIONAL
ASSOCIATION, Plaintiff, vs.
SONJA HEATH, PERSONS
OR PARTIES UNKNOWN
CLAIMING ANY RIGHT, TITLE,
LIEN, OR INTEREST IN THE
PROPERTY DESCRIBED IN
THE COMPLAINT HEREIN,
Defendant (s). For more
information go to http://
oregonsheriffssales.org.
9/25, 10/2, 10/9, 10/16
NOTICE OF SHERIFF'S SALE
On 19th day of October,
2015, at 10:00 AM, at the
main entrance of the Marion
Co. Courthouse, in Salem,
OR, I will sell the following
real property: 888 Pana
Street, Woodburn, in the case
of GREEN TREE SERVICING
LLC, its successors in interest
and/or
assigns,
Plaintiff,
vs. LUIS CISNEROS AKA
LUIS CISNEROS-ABREGO,
FRANCISCA C. CISNEROS,
AKA FRANCISCA CARRILLO
DE CISNEROS, PORTFOLIO
RECOVERY
ASSOCIATES,
LLC,
THE
OCCUPANTS
OF
THE
PREMISES,
Defendant(s).
For
more
information go to http://
oregonsheriffssales.org.
9/18, 9/25, 10/2, 10/9
NOTICE OF SHERIFF'S SALE
On 26th day of October,
2015, at 10:00 AM, at the
main entrance of the Marion
Co. Courthouse, in Salem,