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About Keizertimes. (Salem, Or.) 1979-current | View Entire Issue (June 3, 2016)
PAGE B2, KEIZERTIMES, JUNE 3, 2016 public notices TRUSTEE’S NOTICE OF SALE TRUSTEE’S NOTICE OF SALE (Non-Residential Trust Deed) Reference is made to that certain Trust Deed made, executed, and delivered by Evelio Miranda and Noemi Miranda, husband and wife, as Grantor, to First American Title Insurance Company, an Oregon corporation, as Trustee, with Jarrod F. Howard thereafter appointed as the Successor Trustee, to secure the performance of certain obligations including the payment of the principal sum of $340,000.00 in favor of John W. Welch and Christine M. Welch, as tenants by the entirety, as Benefi ciary. The afore-mentioned Trust Deed is dated December 12th, 2006, and was recorded on December 13th, 2006, Reel 2747, Page 315, Film Records of the offi cial records of Marion County, State of Oregon, for the following described real property situated in said county, to-wit: See attached Exhibit “A” for legal description (incorporated herein by reference). The undersigned 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, and that the Benefi ciary, is the owner and holder of the obligations, the performance of which is secured by said Trust Deed; further, that no action, suit, or proceeding has been instituted to recover the debt, or any part thereof, now remaining secured by the said trust deed, or, if such action or proceeding has been instituted, such action or proceeding has been dismissed. Grantor has defaulted under the obligations contained in the Trust Deed, the performance of which is secured by said Trust Deed, with respect to provisions therein which authorize sale in the event of default of such provision, in that the Grantor failed to pay, when due, the following sums thereon, including monthly payments in the amount of $2,250.00 due and owing from November 28th, 2013, through April 28th, 2016, with accruing interest thereon, for a total unpaid amount due of $67,500.00. This is a default under the Trust Deed. Grantor further substantially failed to pay when due the real property taxes due and owing on the property of $11,627.44, with interest accruing thereon. This is a default under the Trust Deed. Benefi ciary paid the sum of $4,144.97 to Marion County on the unpaid property tax arrearage. Pursuant to the terms of the Trust Deed, this amount is added to the amount secured by the Trust Deed, at the interest rate set forth in the Note. Daily interest is further accruing on that portion of the real property tax arrearage that remains unpaid and owing to Marion County. This property tax arrearage is also past due, owing, and delinquent. Grantor’s failures just described are the defaults for which the foreclosure stated below is made. By reason of said default, the Benefi ciary has declared all obligations secured by said Trust Deed immediately due, owing and payable, said sums being the following, to- wit: the sum of $284,953.72, plus accrued unpaid interest on said $284,953.72 at the rate of six percent (6%) per annum from November 28th, 2013, until paid; plus reimbursement of property taxes paid by Benefi ciary of $4,144.97; plus unpaid real property taxes to Marion County as provided above; plus the cost of a foreclosure guarantee in the amount of $938.00; plus attorney and trustee’s fees and costs. Notice hereby is given that the undersigned, by reason of said default, has elected, and hereby does elect, to foreclose said Deed of Trust by advertisement and sale pursuant to Oregon Revised Statutes Sections 86.705 to 86.809, and to cause to be sold at public auction to the highest bidder for cash the interest in the said described property which the Grantor had, or had the power to convey at the time of the execution by them of the Trust Deed, together with any interest the Grantor or Grantor’s successors in interest acquired after execution of the Trust Deed, to satisfy the obligations secured by said Trust Deed and the expenses of the sale, including a reasonable charge by the Trustee as provided by law, and the reasonable fees of Trustee’s attorneys. Said sale will be held at the hour of 9:30 a.m., Pacifi c Standard Time, as established by Section 187.110 of Oregon Revised Statutes on the 15th day of September, 2016, at the main entrance of the Marion County Courthouse, at 100 High Street Northeast, in the City of Salem, County of Marion, State of Oregon, which is the hour, date, and place fi xed by the Trustee for said sale. Other than as shown of record, neither the said Benefi ciary nor the said Trustee has any actual notice of any person having or claiming to have any lien upon or interest in the real property hereinabove described subsequent to the interest of the Trustee in the Trust Deed, or any successor in interest to the Grantor or of any lessee or other person in possession of or occupying the property. Notice is further given that any person named in Section 86.778 of Oregon Revised Statutes 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 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 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 fees not exceeding the amount provided by ORS 86.778. In construing this Notice and whenever the context hereof so requires, the masculine gender includes the feminine and the neuter, the singular includes the plural; the word “Grantor” includes any successor in interest to the Grantor, as well as each and all other persons owing an obligation, the performance of which is secured by said Trust Deed; the word “Trustee” includes any successor trustee; and the word “Benefi ciary” includes any successor in interest of the Benefi ciary fi rst named above. DATED this 10th day of May, 2016. Jarrod F. Howard, Attorney at Law Successor Trustee Law Offi ce of Jarrod F. Howard 1114 Twelfth Street SE, Salem, OR 97302 (503) 363-9264 Exhibit “A” THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Marion, STATE OF OR, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE JOHN MARTIN DONATION LAND CLAIM #71, IN TOWNSHIP 7 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, IN MARION COUNTY, OREGON, A DISTANCE OF 45.44 CHAINS SOUTH 9° WEST FROM THE NORTHEAST CORNER OF SAID CLAIM; AND RUNNING THENCE SOUTH 9° WEST ALONG THE EASTERLY LINE OF SAID CLAIM 138 FEET; THENCE NORTH 89° 49’ WEST 667.43 FEET; THENCE SOUTH go WEST, PARALLEL WITH THE EASTERLY LINE OF SAID CLAIM 135 FEET, MORE OR LESS, TO THE NORTH LINE OF A TRACT OF LAND CONVEYED TO J. REESE MALLOW, ET UX, BY DEED RECORDED IN VOLUME 367 PAGE 637, DEED RECORDS OF MARION COUNTY, OREGON; THENCE NORTH 89° 49’ WEST ALONG THE NORTH LINE OF SAID MALLOW LAND 456.60 FEET, MORE OR LESS, TO THE EAST LINE OF A TRACT OF LAND CONVEYED TO GEO, E, WATERS BY DEED RECORDED IN VOLUME 251 PAGE 381, DEED RECORDS OF MARION COUNTY, OREGON; THENCE NORTH 4° 22’ EAST ALONG THE EASTERLY LINE OF SAID WATERS LAND 271,7 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO JOHN W. VEATCH BY DEED RECORDED IN VOLUME 54 PAGE 464, DEED RECORDS OF MARION COUNTY, OREGON; THENCE SOUTH 89° 45’ EAST ALONG THE SOUTHERLY LINE OF SAID VEATCH LAND 1146/06 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO MARION COUNTY FOR ROAD PURPOSES IN WARRANTY DEED RECORDED MARCH 31, 1993 IN REEL 1046 PAGE 480. ALSO EXCEPTING THAT PORTION CONVEYED IN BARGAIN AND SALE DEED RECORDED JULY 7, 1993 IN REEL 1078 PAGE 353. PARCEL 2: A TRACT OF LAND LOCATED IN THE JOHN MARTIN DONATION LAND CLAIM NO. 71, IN SECTION 5, TOWNSHIP 7 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN IN THE COUNTY OF MARION AND STATE OF OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERLY LINE OF THE JOHN MARTIN DONATION LAND CLAIM NO. 71 IN TOWNSHIP 7 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN IN MARION COUNTY, OREGON AT A POINT WHICH IS 3392.04 FEET SOUTH 9° 00’ WEST FROM THE NORTHEAST CORNER OF SAID CLAIM, SAID POINT BEING THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO VIRGINIA F. PATTERSON BY DEED RECORDED AUGUST 10, 1965 IN VOLUME 605 AND PAGE 154, IN DEED RECORDS FOR SAID COUNTY AND STATE; THENCE NORTH 89° 45’ WEST 340.00 FEET TO A POINT; THENCE NORTH 9° 00’ EAST 120.00 FEET; THENCE NORTH 89° 45’ WEST 800 FEET MORE OR LESS TO A POINT ON THE WEST LINE OF A TRACT OF LAND DEEDED TO LEWIS R. PATTERSON RECORDED IN VOLUME 604 AND PAGE 475 FOR SAID COUNTY AND STATE; THENCE SOUTH 9° 00’ WEST 319 FEET MORE OR LESS TO A POINT; THENCE SOUTH 89° 45’ EAST TO A POINT IN THE CENTER OF FLETCHER ROAD; THENCE NORTH 9° 00’ EAST TO THE PLACE OF BEGINNING. SAVE AND EXCEPT THAT PARCEL RELEASED BY PARTIAL RECONVEYANCE RECORDED OCTOBER 31, 1984 IN REEL 361 AND PAGE 81, FILM RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON ROD IN THE WESTERLY LINE OF CORDON ROAD (CO. RD. NO. 727) SAID IRON ROD BEING 3392.04 FEET SOUTH 09° 00’ WEST AND 38.86 FEET NORTH 89° 15’ 41” WEST FROM THE NORTHEAST CORNER OF THE JOHN MARTIN DONATION LAND CLAIM NO. 71 IN TOWNSHIP 7 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, MARION COUNTY, OREGON, SAID IRON ROD BEING ALSO IN THE SOUTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO R. G. AND V. I. REUST BY DEED RECORDED IN REEL 175 AND PAGE 1984, FILM RECORDS; AND RUNNING THENCE NORTH 89° 15’ 41” WEST ALONG SAID SOUTH LINE OF THE REUST TRACT, 301.14 FEET TO AN IRON PIPE AT THE SOUTHWEST CORNER THEREOF; THENCE NORTH 09° 00’ EAST ALONG THE WEST LINE OF SAID REUST TRACT, 120.00 FEET TO AN IRON PIPE AT THE NORTHWEST CORNER THEREOF, SAID POINT BEING IN THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO LEWIS R. PATTERSON BY DEED RECORDED IN VOLUME 325 AND PAGE 291, IN DEED RECORDS; THENCE SOUTH 89° 57’ 43” WEST ALONG SAID NORTH LINE OF THE PATTERSON TRACT, 152.41 FEET TO AN IRON ROD; THENCE SOUTH 07° 34’ 49” WEST 319.32 FEET TO AN IRON ROD IN THE SOUTH LINE OF THE AFORESAID PATTERSON TRACT; THENCE SOUTH 59° 46’ 25” EAST ALONG SAID SOUTH LINE OF THE PATTERSON TRACT, 443.49 FEET TO AN IRON ROD IN THE WESTERLY LINE OF THE AFORESAID CORDON ROAD; THENCE NORTH 09° 40’ 16” EAST ALONG SAID WESTERLY LINE 198.79 FEET TO THE POINT OF BEGINNING. TOGETHER WITH A NON- EXCLUSIVE EASEMENT AS SET FORTH IN INSTRUMENT RECORDED AUGUST 6, 1993 IN REEL 1089, PAGE 230 FOR INGRESS AND EGRESS UPON AND ACROSS A STRIP OF LAND, BEING THE SOUTHERLY 20.00 FEET OF THE FOLLOWING DESCRIBED TRACT, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE THEREOF: PARCEL NO. 2 OF MARION COUNTY MAJOR PARTITIONING NO. (MP) 80- 6, FILED AS SURVEY NO. 28312 WITH THE MARION COUNTY SURVEYOR, AND PARTICULARLY DESCRIBED AS: BEGINNING AT AN IRON ROO IN THE WESTERLY LINE OF CORDON ROAD (COUNTY ROAD NO. 727), SAID IRON ROD BEING, BY DEED 3392.04 FEET SOUTH 9° 00’ WEST AND 38.86 FEET NORTH 89° 15’ 41” WEST FROM THE NORTHEAST CORNER OF THE JOHN MARTIN DONATION LAND CLAIM NO. 71 IN TOWNSHIP 7 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, IN MARION COUNTY, OREGON, SAID IRON ROD BEING ALSO IN THE SOUTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO R.G. AND V.I. REUST BY DEED RECORDED IN REEL 175 AND PAGE 1984 OF THE MARION COUNTY DEED RECORDS; AND RUNNING THENCE NORTH 89° 15’ 41” WEST ALONG SAID SOUTH LINE OF THE REUST TRACT, 301.14 FEET TO AN IRON PIPE AT THE SOUTHWEST CORNER THEREOF; THENCE NORTH 9° 00’ EAST ALONG THE WEST LINE OF SAID REUST TRACT, 120.00 FEET TO AN IRON PIPE AT THE NORTHWEST CORNER THEREOF, SAID POINT BEING IN THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO LEWIS R. PATTERSON BY DEED RECORDED IN VOLUME 325 AND PAGE 291, IN DEED RECORDS; THENCE SOUTH 89° 57’ 43” WEST ALONG SAID NORTH LINE OF THE PATTERSON TRACT, 152.41 FEET TO AN IRON ROD; THENCE SOUTH 7° 34’ 49” WEST 319.32 FEET TO AN IRON ROD IN THE SOUTH LINE OF THE AFORESAID PATTERSON TRACT; THENCE SOUTH 89° 46’ 25” EAST ALONG SAID SOUTH LINE OF THE PATTERSON TRACT, 443.49 FEET TO AN IRON ROD IN THE WESTERLY LINE OF THE AFORESAID CORDON ROAD; THENCE NORTH 9° 40’ 16” EAST ALONG SAID WESTERLY LINE 198.79 FEET TO THE POINT OF BEGINNING. 5/20, 5/27, 6/3, 6/10 TRUSTEE’S NOTICE OF SALE TRUSTEE’S NOTICE OF SALE Reference is made to that certain trust deed made by Deanna F. Cosby as grantor, to FIDELITY NATIONAL TITLE INS CO as trustee, in favor of Wells Fargo Bank, N.A. as benefi ciary, dated November 30, 2010, recorded December 2, 2010, in the mortgage records of Marion County, Oregon, as Document No. Reel: 3238, Page: 480, covering the following described real property situated in said county and state, to wit: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF LOT 1, I. HARTMAN SUBDIVISION NO. 1, MARION COUNTY, OREGON, AT A POINT WHICH IS 93.22 FEET NORTH 55°25’ EAST FROM THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 25°44’30” WEST PARALLEL WITH THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 100 FEET; THENCE NORTH 55°25’ EAST ALONG THE NORTHERLY LINES OF LOT 1 AND LOT 2 IN SAID SUBDIVISION 85 FEET; THENCE SOUTH 25°44’30” EAST PARALLEL WITH THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 100 FEET TO THE SOUTHERLY LINE OF SAID LOT 2; THENCE SOUTH 55°25’ WEST ALONG THE SOUTHERLY LINES OF LOTS 2 AND 1, A DISTANCE OF 85 FEET TO THE PLACE OF BEGINNING. PROPERTY ADDRESS: 1445 NE Leo Street, Keizer, OR 97303 There is a default by the grantor or other person owing an obligation or by their successor in interest, the performance of which is secured by said trust deed, or by their successor in interest, with respect to provisions therein which authorize sale in the event of default of such provision. The default for which foreclosure is made is grantors’ failure to pay when due the following sums: monthly payments in the total amount of $11,163.62 beginning April 1, 2015 through March 10, 2016; plus late charges of $142.12; together with title expense, costs, trustee’s fees and attorney’s fees incurred herein by reason of said default; any further sums advanced by the benefi ciary for the protection of the above described real property and its interest therein; and prepayment penalties/premiums, if applicable. By reason of said default, the benefi ciary has declared all sums owing on the obligation secured by said trust deed immediately due and payable, said sums being the following, to wit: $123,351.20 with interest thereon at the rate of 5.00000 percent per annum beginning March 1, 2015; plus escrow advances of $1,078.71; plus late charges of $142.12; together with title expense, costs, trustee’s fees and attorney’s fees incurred herein by reason of said default; any further sums advanced by the benefi ciary for the protection of the above described property and its interest therein; and prepayment penalties/ premiums, if applicable. WHEREFORE, notice is hereby given that the undersigned trustee will on August 8, 2016, at the hour of 11:00 AM, in accord with the standard of time established by ORS 187.110, at Marion County Courthouse Front Entrance, 100 High Street, Salem, OR 97301, in the City of Salem, County of Marion, State of Oregon, sell at public auction to the highest bidder for cash the interest in the real property described above, 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 obligations thereby secured and the costs and expenses of the sale, including reasonable charges by the trustee. Notice is further given that any person named in ORS 86.778 has the right, at any time that is 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 payment to the benefi ciary of the entire amount then due (other than such portion of the principle 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 those 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 and attorney fees not exceeding the amounts provided by ORS 86.778. 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, 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. Robinson Tait, P.S. 710 Second Ave, Suite 710 Seattle, WA 98104 WILL BE USED FOR THAT PURPOSE. IF YOU HAVE RECEIVED A DISCHARGE OF THE DEBT REFERENCED HEREIN IN A BANKRUPTCY PROCEEDING, THIS LETTER IS NOT AN ATTEMPT TO IMPOSE PERSONAL LIABILITY UPON YOU FOR PAYMENT OF THAT DEBT. IN THE EVENT YOU HAVE RECEIVED A BANKRUPTCY DISCHARGE, ANY ACTION TO ENFORCE THE DEBT WILL BE TAKEN AGAINST THE PROPERTY ONLY. 5/27, 6/3, 6/10, 6/17 NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION Probate Department Case No. 16PB03242 NOTICE TO INTERESTED PERSONS In the Matter of the Estate of MARK GERARD PIKL, Deceased. NOTICE IS HEREBY GIVEN that the Circuit Court of the State of Oregon, for the County of Marion, has appointed the undersigned as Personal Representative of the Estate of Mark Gerard Pikl, deceased, on May 18, 2016. All persons having claims against said estate are required to present the same, with proper vouchers to the Personal Representative by directing said claims to Roger K. Evans, Law Offi ce of Roger K. Evans, P.C., 675 Church Street NE, Salem, OR 97301, within four months from the date of fi rst publication of this notice as stated below, or they may be barred. All persons whose rights may be affected by this proceeding 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 May 27, 2016. /s/ Jeffrey Gene Pikl Jeffrey Gene Pikl, Personal Representative PERSONAL REPRESENTATIVE: Jeffrey Gene Pikl P.O. Box 5134 Salem, OR 97304 Telephone: (503) 770-0160 jskippikl@gmail.com ATTORNEY FOR PERSONAL REPRESENTATIVE: Roger K. Evans, OSB #812170 Law Offi ce of Roger K Evans, P.C. 675 Church St NE Salem, OR 97301 Telephone: (503) 585-2121 Fax: (503) 364-7689 roger@rogerkevans.com 5/27, 6/3, 6/10 NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION PROBATE DEPARTMENT Case No.: 16PB02749 NOTICE TO INTERESTED PERSONS IN THE MATTER OF THE ESTATE OF ADELE RUBY MUNSON, DECEASED. NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the Estate of Adele Ruby Munson, Marion County Circuit Court Case No. 16PB02749. All persons having claims against the estate are required to present them, with vouchers attached, to the undersigned personal representative at 388 State Street, Suite 810, Salem, Oregon 97301, 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 lawyer for the personal representative. Dated and fi rst published on May 27, 2016. Personal Representative: Kris J. Johnson Attorney for Personal Representative: Maria C. Schmidlkofer, JD 388 State St. Suite 810 Salem, OR 97301 Telephone: (503) 999-9975 Fax: (855) 495-3075 5/27, 6/3, 6/10 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
