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About Keizertimes. (Salem, Or.) 1979-current | View Entire Issue (Feb. 26, 2016)
FEBRUARY 26, 2016, KEIZERTIMES, PAGE B3 public notices NOTICE OF SHERIFF'S SALE On 10th day of March, 2016, at 10:00 AM, at the main entrance of the Marion Co. Courthouse, in Salem, OR, I will sell the following real property: 1450 25th Street Northeast, Salem, in the case of ONEWEST BANK, N.A., FKA ONEWEST BANK, FSB, its successors in interest and/or assigns, Plaintiff, vs. UNKNOWN HEIRS OF BEVERLY V. BARKER, FRANK J. GOSSON, UNKNOWN HEIRS OF WILLIAM GOSSON, UNITED STATES OF AMERICA, STATE OF OREGON, OCCUPANTS OF THE PREMISES, Defendant(s). For more information go to http:// oregonsheriffssales.org 2/5, 2/12, 2/19, 2/26 NOTICE NOTICE OF DEFAULT AND ELECTION TO SELL REAL PROPERTY BY TRUSTEE 1. Grantor: Pedro Ramirez Gonzales Trustee: Terry DeSylvia, Esq., 1200 SW Main Str., Portland, Oregon 97205 Benefi ciary: Stratton Associates LLC Qualifi ed Retirement Plan 2. Property Description: 1068 N 2nd Street, Woodburn, Oregon, legal description attached as Exhibit ‘A’. 3. Trust Deed Recording; September 13, 2013, Marion County, Oregon, Reel 3543, Page 323, Instrument No: 2013 00042040 (the ‘Trust Deed’); Appointment of Successor Trustee Recording: November 20, 2015, Marion County, Oregon, Reel 3761, Page 263 Instrument No: 2015 00049633 4. Default: The Trust Deed and the obligations secured by the Trust Deed are in default for: (a) failure to pay when due, principal and interest payments, late fees and attorney fees; and (b) failure to remove liens or encumbrances against the Property. 5. Balance Due Secured by Trust Deed: (1) The sum of $106,352.44; {2) Interest from November 1, 2015, until paid at the rate of 18% per annum, on all amounts due; (3) Trustee fees, attorney fees, foreclosure costs, sums required for protection of the property and additional sums secured by the Trust Deed; and (4) Less amounts paid or credited prior to the sale. 6. Sale of Property: Because of the default, the Benefi ciary and the Trustee have elected to foreclose the Trust Deed by advertisement and sale pursuant to ORS Chapter 86. 7. Sale Date, Time, Place: The sale will be held at the hour of 10:30 a.m., on April 5, 2016, at the following place: front steps of the Marion County Courthouse at 100 High Street NE, Salem, Oregon. 8. Right to Cure: Any person named in ORS 86.753 has the right, at any time prior to fi ve (5) days before the date last set for the sale, to have this foreclosure proceeding dismissed and the Trust Deed reinstated by doing all of the following: (1) Paying the Benefi ciary the entire amount due; (2) Curing any other default complained of herein that is capable of being cured by tendering the performance required under the Note or Trust Deed; and (3) Paying all costs and expenses actually incurred in enforcing the Note and Trust Deed, together with Trustee and attorney fees. TENANT NOTICE The property In which you are living is In foreclosure. A foreclosure sale is scheduled for April 5, 2016. The date of this sale may be postponed. Unless the lender that is foreclosing on this property is paid before the sale date, the foreclosure will go through and someone new will own this property. After the sale, the new owner is required to provide you with contact information and notice that the sale took place. The following information applies to you only if you are a bona tenant occupying and renting 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 bona fi de residential tenant. If the foreclosure sale goes through, the new owner will have the right to require you to move out. Before the new owner can require you to move, the new owner must provide you with written notice that specifi es the date by which you must move out. If you do not leave before the move-out-date, the new owner can have the sheriff remove you from the property after a court hearing. You will receive notice of the court hearing. IF YOU ARE A BONA FIDE TENANT OCCUPYING AND RENTING THIS PROPERTY AS A RESIDENTIAL DWELLING, YOU HAVE THE RIGHT TO CONTINUE LIVING IN THIS PROPERTY AFTER THE FORECLOSURE SALE FORTH!: REMAINDER OF YOUR FIXED TERM LEASE, IF YOU HAVE A FIXED TERM LEASE; OR AT LEAST 90 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE. If the new owner wants to move in and use this property as a primary residence, the new owner can give you written notice and require you to move out after 90 days, even though you have a fi xed term lease with more than 90 days left. You must be provided with at least 90 days written notice after the foreclosure sale before you can be required to move. A bona fi de tenant Is a residential tenant, who is not the borrower (property owner), or a child, spouse or parent of the borrower, and whose rental agreement: Is the result of an arms- length transaction; Requires the payment of rent that is not substantially less than fair market rent for the property, unless the rent Is reduced or subsidized due to a federal, state or local subsidy; and was entered into prior to the date of the foreclosure sale. FORECLOSURE SALE: RENT YOU SHOULD CONTINUE TO PAY RENT TO YOUR LANDLORD UNTIL THE PROPERTY IS SOLD OR UNTIL A COURT TELLS YOU OTHERWISE. IF YOU DO NOT PAY RENT, YOU CAN BE EVICTED. BE SURE TO KEEP PROOF OF ANY PAYMENTS YOU MAKE. You may apply your security deposit and any rent you paid in advance against the current rent you owe your landlord as provided In ORS 90.367 (Application of security deposit or prepaid rent after notice of foreclosure). To do this, you must notify your landlord In writing that you want to subtract the amount of your security deposit or prepaid rent from your rent payment. 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 responsible to you for any deposit or prepaid rent you paid to your landlord. The new owner that 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 after 90 days or at the end of your fi xed term lease. After the sale, you should receive a written notice informing you that the sale took place and giving you the new owners name and contact Information. You should contact the new owner if you would like to stay. If the new owner accepts rent from you, signs a new residential rental agreement with you or does not notify you In writing within 30 days after the date of the foreclosure sale that you must move out, the new owner becomes your new landlord and must maintain the property. Otherwise: you do not owe rent; the new owner Is not your landlord and is not responsible for maintaining the property on your behalf; and you must move out by the date the new owner specifi es in a notice to you. The new owner may offer to pay your moving expenses and any other costs or amounts you and the new owner agree on in exchange for your agreement to leave the premises in less than 90 days or before your fi xed term lease expires. You should speak with a lawyer to fully understand your rights before making any decisions regarding your tenancy. IT IS UNLAWFUL FOR ANY PERSON TO TRY TO FORCE YOU TO LEAVE YOUR DWELLING UNIT WITHOUT FIRST GIVING YOU WRITTEN NOTICE AND GOING TO COURT TO EVICT YOU. FOR MORE INFORMATION ABOUT YOUR RIGHTS, YOU SHOULD CONSULT A LAWYER. If you believe you need legal assistance, contact the Oregon State Bar and ask for the lawyer referral service. Contact Information for the Oregon State Bar is included with this notice. If you do not have enough money to pay a lawyer and are otherwise eligible, you may be able to receive legal assistance for free. Information about whom to contact for free legal assistance is as follows: Contact Information - Oregon State Bar: 16037 SW Upper Boones Ferry Road, Tigard, OR 97224 (503) 684-3763, or toll-free In Oregon at (800) 452-7636 or you may visit its website at: http://www.osbar.org Contact Information - Marion County Legal Aid: 1655 State Street, Salem, OR 97301 (503) 581-5265, or toll-free at (800) 359-1845 Or you may visit its website at: http:// www.lasoregon.org DATED: November 16, 2015 Terry DeSylvia, Trustee Brownstein, Rask, et al. 1200 SW Main Street Portland, OR 97025-2040 (503) 412-6713 EXHIBIT “A” Real property in the county of Marion, State of Oregon, described as follows: That parcel of land situate in THOMAS’S ADDITION, Woodburn, Oregon, which is more particularly described as follows: The Northerly one-half of Lot 21 and the Southerly one-half of Lot 22, Block 1, THOMAS’S ADDITION, Woodburn, Southwest quarter, Southeast quarter, Section 7, Township 5 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, as recorded in Book 2, Page 40, Marion County Book of Town Plats. SAVE AND EXCEPT THEREFROM that portion conveyed to Paul Smith and Frances P. Smith, husband and wife, by Deed recorded August 7, 1979 in Reel 179, Page 248 and in Reel 179, Page 250, Film Records for Marion County, Oregon, as follows: Beginning at an iron rod which marks the most Southerly corner of Lot 22, Block 1, THOMAS’S ADDITION to Woodburn, Oregon, In Section 7, Township 5 South, Range 1 West of the Willamette Meridian In Marion County, Oregon; thence North 48˚ 45’ West along the Southwesterly line of said Lot 15.30 feet to a point; thence North 41˚ 15’ East parallel with the Southeasterly line of said Lot 22.60 feet to a point; thence South 48˚ 45’ East parallel with the Northeasterly line of said Lot 15.30 feet to an iron rod on the Southeasterly line of said Lot; thence South 41˚ 15’ West along the Southeasterly line of said Lot 22.60 feet to the point of beginning. 2/19, 2/26, 3/4, 3/11 SUMMONS BY PUBLICATION IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION Case No.: 15CV32206 SUMMONS BY PUBLICATION REVERSE MORTGAGE FUNDING LLC Plaintiff, vs. THE UNKNOWN HEIRS AND DEVISEES OF JOAN KATHRYN MCCOOL; UNITED STATES OF AMERICA; STATE OF OREGON; MICHAEL MCCOOL; OCCUPANTS OF THE PROPERTY, Defendants. To: The Unknown Heirs and Devisees of Joan Kathryn McCool You are hereby required to appear and defend the Complaint fi led against you in the above entitled cause within thirty (30) days from the date of service of this summons upon you, and in case of your failure to do so, for want thereof, 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” (or “reply”) must be given to the court clerk or administrator within 30 days of the date of fi rst publication specifi ed herein along with the required fi ling fee. It must be in proper form and have proof of service on the plaintiff’s attorney or, if the plaintiff does not have an attorney, proof of service on the plaintiff. If you have 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. The relief sought in the Complaint is the foreclosure of the property located at 1065 Garnet Street NE, Salem, OR 97301. Date of First Publication: February 19, 2016. McCarthy & Holthus, LLP s/ Amber Labrecque Amber Labrecque, OSB# 094593 920 SW 3rd Ave, 1st Floor Portland, OR 97204 Phone: (855) 809-3977 Fax: (971) 201-3202 E-mail: alabrecque@mccarthyholthus. com Of Attorneys for Plaintiff 2/19, 2/26, 3/4, 3/11 NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION Probate Department Case No. 15PB06346 NOTICE TO INTERESTED PERSONS In the Matter of the Estate of LARRY R. BRUCE, Decedent. Notice is hereby given that Bernard F. Riesterer has been appointed personal representative. All persons having claims against the estate are required to present them, with proper vouchers attached, to the personal representative or his attorney, DONALD M. KELLEY, at law offi ces of KELLEY & KELLEY, 110 North Second Street, Silverton, OR 97381, 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. Dated and fi rst published on February 19, 2016. Bernard F. Riesterer Personal Representative 2/19, 2/26, 3/4 NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION No. 16PB00507 - Probate In the Matter of the Estate of Daniel A. Zwicker, Deceased Notice is hereby given that by Order of the Circuit Court of the State of Oregon for Marion County, Probate No. 16PB00507, Diane D. Taylor has been appointed Personal Representative of the ESTATE OF DANIEL A. ZWICKER, deceased. All persons having claims against said estate are required to present such claims, with proper vouchers, to the undersigned Personal Representative, c/o Sarah K. Rinehart, Attorney at Law, 117 Commercial Street NE, Suite 300, Salem, Oregon 97301, within four (4) 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 these proceedings may obtain additional information from the Personal Representative, the attorney for the Personal Representative, or from the records of the court. Dated and fi rst published February 19, 2016. Diane D. Taylor Personal Representative Sarah K. Rinehart, Attorney at Law OSB# 821142 117 Commercial Street NE, Suite 300 Salem, Oregon 97301 Attorney for Personal Representative 2/19, 2/26, 3/4
