PAGE B2, KEIZERTIMES, JUNE 10, 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
STORAGE AUCTION
PUBLIC NOTICE
Warehouse Lien Auction
oral Auction to be held
June 25th At 10:00 A.M.
AT
Claxter Road Storage
2688 Claxter Road NE
Salem OR 97301
503-393-4189
Units
B-7 David Akins
Sold as A Whole Unit
Claxter Road Storage
Reserves the right to refuse
any and all offers.
6/10
STOR AGE AUCTION
Self-Storage Auction
Turner Road Storage
4555 Turner Rd SE
Salem, Oregon 97317
Saturday, June 25, 2016
@ 10:00 am
C-16 Josephina Rendon
Sale Subject To Cancellation
Turner Road Storage
reserves the Right to refuse
any and all bids.
6/10, 6/17