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About Keizertimes. (Salem, Or.) 1979-current | View Entire Issue (Dec. 16, 2016)
BAGE A8, KEIZERTIMES, DECEMBER 16, 2016 public notices TRUSTEE’S NOTICE OF SALE TRUSTEE’S NOTICE OF SALE The Trustee, under the terms of the Trust Deed described herein, at the direction of the current Benefi ciary, hereby elects to sell the property described in said Trust Deed to satisfy the obligations secured thereby. A. PARTIES TO THE TRUST DEED: Grantor: Robert L. Krueger and Heather L. Krueger; Trustee: Robert A. Smejkal, Attorney at Law; Benefi ciary: Robert Bayman and Delores Bayman, Trustees or their Successors in Trust under the Robert and Delores Bayman Revocable Living Trust dated March 27, 2002 and any amendments thereto. B. DESCRIPTION OF THE PROPERTY: “Lot 44, GENESIS 2, in the City of Salem, County of Marion and State of Oregon.” C. ASSIGNMENT OF BENEFICIAL INTEREST: N/A. D. TRUST DEED INFORMATION: Dated: January 7, 2016, Recording Date: January 7, 2016, Recorder’s No.: Reel 3773, Page 248, Control No. 400777, Instrument 2016 00000666, Recording Place: Deeds and Records of Marion County, Oregon. E. DEFAULT: The Grantor is in default and the Benefi ciary elects to foreclose the Trust Deed by reason of the Grantor’s failure to pay monthly payments in the amount of $1,500.00 each, commencing with the payment due July 7, 2016 and continuing each month thereafter. F. AMOUNT DUE: 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 principal amount of $150,000.00, plus interest at the rate of 12% per annum from June 7, 2016 until paid; plus late fees, amounts advanced by the Benefi ciary, if any, pursuant to the Trust Deed or applicable law and attorney fees and foreclosure costs incurred. G. ELECTION TO SELL: NOTICE IS HEREBY GIVEN that the Benefi ciary and the Trustee, by reason of said default, have elected, and do hereby elect, to foreclose said Trust Deed by advertisement and sale pursuant to Oregon Revised Statutes §86.705 et seq., and to cause to be sold at public auction to the highest bidder, for cash or certifi ed funds, the interest in said described property which Grantor had, or had the power to convey, at the time of the execution of the Trust Deed, together with any interest the Grantor acquired after the execution of the Trust Deed, to satisfy the obligations secured by said Trust Deed together with the expenses of sale, including the compensation of the Trustee as provided by law, and the reasonable fees of the Trustee’s attorney. H. DATE, TIME AND PLACE OF SALE: Date & Time: February 1, 2017, at 10 a.m. Place: at the front entrance of the Marion County Courthouse, 100 High St NE, Salem, OR 97301. I. RIGHT TO REINSTATE: NOTICE IS FURTHER GIVEN that at any time prior to fi ve (5) days before the sale, this foreclosure proceeding may be dismissed and the Trust Deed reinstated by payment to the Trustee of the entire amount then due (other than a 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 said sums or by tendering the performance necessary to cure the default, by paying all costs and expenses to the Trustee actually incurred by Benefi ciary and Trustee in enforcing the obligation and Trust Deed, together with the Trustee’s fees and attorney’s fees. J. NOTICE: The Federal Fair Debt Practices Act requires we state that this is an attempt to collect a debt and any information obtained will be used for that purpose. K. NOTICE TO RESIDENTIAL TENANTS. The NOTICE TO RESIDENTIAL TENANTS is attached hereto as Exhibit A and by this reference incorporated herein. L. LEGAL ASSISTANCE: 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 included with this notice. You may have additional rights under ORS 86.755(5) and under federal law. Oregon State Bar Lawyer Referral Service, 16037 SW Upper Boones Ferry Road, Tigard, OR 97224, (503) 684 3763 / (800) 452-7636 Toll- free 9:00 a.m. to 5:00 p.m. weekdays, Mailing address: PO Box 231935, Tigard, OR 97281 1935, http:// www.osbar.org, http://www. oregonlawhelp.org, LASO Salem Regional Offi ce, 105 High Street SE, Salem, OR 97301, (503) 581-5265, or 1 (800) 359-1845 (Toll-free), Client hours: Tuesday, 9:00 a.m. to 11:00 a.m., and 2:00 p.m. to 6:00 p.m., walk- in only. Emergencies any time. Consumer queries and mortgage foreclosure information: (855) 480-1950, Federal loan modifi cation programs: http://www. makinghomeaffordable.gov. M. MISCELLANEOUS: 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. DATED September 9, 2016. ROBERT A. SMEJKAL, Trustee, PO Box 1758, Eugene, OR 97440. 12/2, 12/9, 12/16, 12/23 STORAGE AUCTION Self-Storage Public Sale Chemawa Rd. Mini Storage 5015 Windsor Island Rd. Keizer Or 97303 Saturday December 17th 2016 @ 11:00 am K5 51 158 250 Stan Freeman Charlotte Kaul Jason Scoggin Kelly Lemos Sale Subject To Cancellation Chemawa Rd. Mini Storage reserves the Right to refuse any and all bids. 12/9, 12/16 NOTICE TO INTERESTED PERSONS NOTICE TO INTERESTED PERSONS NOTICE IS HEREBY GIVEN that COLLEEN R. WAGNER has been appointed Personal Representative of the ESTATE OF BENJAMIN JAMES BRENNAN, deceased, by the Circuit Court for the State of Oregon for Marion County under Case No. 16PB06917. All persons having claims against the estate are required to present them, with vouchers attached, to the said Personal Representative at Stayton Law, 582 E Washington St, PO Box 248, Stayton, OR 97383, 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 December 2, 2016. Personal Representative: Colleen R. Wagner 5429 Casino Drive Holiday FL 34690 Telephone: (352) 422-6357 Attorney for Personal Representative: Jennifer L. Niegel, OSB#990890 Stayton Law 582 E Washington St PO Box 248 Stayton, Oregon 97383 12/2, 12/9, 12/16 TRUSTEE’S NOTICE OF SALE TRUSTEE’S NOTICE OF SALE Reference is made to that certain Deed of Trust, Security Agreement and Assignment of Leases and Rents (“Trust Deed”) made by Oak Lane Farms, Inc. and Wavra Properties, LLC, collectively as Grantor, First American Title Insurance Company as Trustee, Aaron J. Bell as Successor Trustee, and Bank of the West, as Benefi ciary, recorded on November 19, 2012, as Reel No. 3445, Page 175, Offi cial Mortgage Records in the county clerk’s offi ce of Marion County, Oregon, covering the real property as described on the attached “Exhibit A”. Grantor is in default and Successor Trustee seeks to foreclose the Trust Deed for failure to pay the balance due. A Notice of Default and Election to Sell has been recorded pursuant to ORS 86.752(4) in Marion County Offi cial Records at Reel No. 3858, Page 312, Instrument No. 2016- 00043230, on September 7, 2016. Benefi ciary has declared all amounts owing on the obligation secured by the Trust Deed immediately due and payable. The sum owing on the obligations secured by the Trust Deed is: Principal of $1,414,500.00, plus interest accrued through and including July 11, 2016, in the amount of $89,464.00, together with interest accruing at $302.20563 per diem from July 11, 2016, until paid, together with foreclosure guarantee premiums; costs and disbursements; advances to protect Benefi ciary’s interest in the real property; attorney’s fees; Trustee’s fees; and reimbursement for any further amounts advanced by Benefi ciary to protect its security interest in the described property. WHEREFORE, notice hereby is given that the benefi ciary and undersigned trustee have elected to sell the property at a public auction to the highest bidder for cash the interest in the described 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 obligations thereby secured by the Trust Deed and to satisfy the cost and expenses of the sale, including the reasonable charge of the Trustee. Notice is further given that for reinstatement or payoff quotes requested pursuant to ORS 86.786 and 86.789 must be timely communicated in a written request that complies with that statute addressed to the undersigned trustee, either by personal delivery to the trustee’s physical offi ces, or by fi rst class, certifi ed mail, return receipt requested, addressed to the trustee’s post offi ce box address set forth in this notice. Due to potential confl icts with federal law, persons having no record legal or equitable interest in the subject property will only receive information concerning the lender’s estimated or actual bid. The sale shall be held on Monday, January 23, 2017, at 10:00 a.m. in accord with the standard of time established by ORS 187.110, at The Main Entrance of the Marion County Courthouse, 100 High Street, City of Salem, County of Marion, Oregon. Take further notice that the right exists under ORS 86.778, 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, or the Benefi ciary’s successor in interest, 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 said 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 fees and attorney’s fees not exceeding the amounts provided by said ORS 86.778. Requests for persons named in ORS 86.778 for reinstatement quotes received less than six (6) days prior to the date set for the trustee’s sale will be honored at the discretion of the benefi ciary or if required by the terms of the loan documents. 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 said trust deed, and the words “trustee” and “benefi ciary” include their respective successors in interest, if any. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FOR FURTHER INFOR- MATION CONTACT: Aaron J. Bell Bell Law Firm, P.C. P.O. Box 1547 Wilsonville, OR 97070 Phone: (503) 682-8840; Fax (503) 682-9895 DATED this 13th day of September, 2016. BELL LAW FIRM, P.C. Aaron J. Bell, OSB No. 871649 Successor Trustee EXHIBIT A File No.: 7089-2593791 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF Marion, STATE OF OR, AND IS DESCRIBED AS FOLLOWS: Parcel 1: Tract 1: Beginning at a point on the North right-of-way line of Silver Creek Falls Highway (State Highway 214) which is South 89°14’25” East 2032.70 feet, North 89°51’19” East 72.79 feet and North 00°34’47” East 25.00 feet from the Southwest corner of the Sally Goodman Donation Land Claim No. 42 and being in Section 14, Township 8 South, Range 2 West of the Willamette Meridian, Marion County, Oregon; thence North 00°34’47” East 269.17 feet; thence North 89°51’19” East 322.84 feet to the West line of that tract of land described in Reel 1592, Page 792, Marion County Record; thence South 00°13’46” West 269.17 feet along said West line to the North line of Silver Creek Falls Highway; thence South 89°51’19” West 324.49 feet along said North line to the point of beginning. Tract 2: That portion of the following lying Easterly of the North Santiam Highway; Beginning at the Southwest corner of the D.L.C. of Sally Goodman in Township 8 South, Range 2 West of the Willamette Meridian, in Marion County and State of Oregon; thence North 19.71 chains to the most Easterly Northeast corner of the D.L.C. of Charles Craft and wife, which is a stone; thence North 89°41’ West 41,21 chains to the middle of the County Road leading from Salem to Aumsville, which is an iron pipe; thence South 39°39’ East 32.67 chains, along the middle of said County Road, said point is marked with a stone; thence North 75°37’ East 20.96 chains, to the place of beginning. SAVE AND EXCEPT that portion of the following, lying Easterly of the North Santiam Highway; a strip of land 20.0 feet in width extending from the Easterly line of the old Aumsville-Santiam Highway to the Westerly line of the North Santiam Highway, the North line of which strip is the North line of Charles Craft Donation Land Claim in Section 15, Township 8 South, Range 2 West of the Willamette Meridian, Marion County, Oregon. ALSO SAVE AND EXCEPT that portion conveyed to the State of Oregon, by and through its State Highway Commission, by Deed recorded July 1, 1958 in Volume 513, Page 225, Deed Records for Marion County, Oregon. Parcel 2: Beginning at the most Southerly Southeast corner of the Rudolph C. Gibson Donation Land Claim No. 54 in Township 6 South, Range 1 West of the Willamette Meridian in Marion County, Oregon; thence South 88°52’ West 813.12 feet along the center of the County Road; thence South 89°58’ West along said center line 464.00 feet; thence North 2°30’ West 2083.49 feet; thence North 87°29’ West 1542.76 feet to a point on the East line of a tract of land conveyed to Henry Humpert by deed recorded in Volume 163, page 456, Deed Records for said County and State; thence North 0°04’ West along the East line of said Humpert Tract, 744.0 feet to a point on the North line of a tract of land conveyed to Frank Aman, by Deed recorded in Volume 180, page 430, Deed Records for said County and State; thence South 87°20’ East along the North line of said Frank Aman Tract 3105.96 feet to the Northwest corner of a tract of land conveyed to Joe Hamel by Deed recorded in Volume 254, page 49, Deed Records for said County and State; thence South 4°30’ West along the West line of said Hamel Tract 1023.95 feet to the Southwest corner thereof; thence South 73°45’ East 10.80 feet to the Northwest corner of the Samuel Allen Donation Land Claim; thence South 4°30’ West 1710.98 feet: to the place of beginning. TOGETHER WITH that area beginning at the Northwest corner of that land described in Reel 1161, Page 426, Marion County Deed Records; thence South 87°50’01” East along the North line of said reel and page, a distance of 1,542.67 feet to an iron rod; thence South 02°29’11” East 26.11 feet; thence North 87°10’10” West, 1,544.58 feet to the West line of said Reel and Page; thence North 00°04’12” West along said West line, a distance of 8.12 feet to the point of beginning. SAVE AND EXCEPT that area beginning at a point on the South line of the R. Gibson Donation Land Claim No. 54 in Township 6 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, said point being 813.12 feet South 88°52’ West and 464.00 feet South 89’58” West from the most Southerly Southeast comer of said claim, said point also being the Southeast corner of the land described in Reel 1161, Page 426, Marion County Deed Records; thence North 02°29’11” West, along the East line of said Reel 1161, Page 426, 2,057.41 feet; thence South 87°10’10” East 77.55 feet to an iron rod; thence South 00°50’27” East 903.60 feet to an iron rod; thence south 00°07’28” East 1,054.26 feet to an iron rod; thence South 02°17’26” West 93.96 feet to the point of beginning. Parcel 3: Tract 1: Beginning at the most Southerly Southeast comer of the Donation Land Claim of Chisholm Griffi th and wife in Township 7 South, Range 1 West of the Willamette Meridian in Marion County, Oregon; thence South 1°30’ West, 47.24 chains along the West line of the Theophilus Powell Donation Land Claim; thence East 16.67 chains; thence North 65.00 chains to the North line of the Donation Land Claim of Theophilus Powell aforesaid; thence North 89°30’ West, 5.46 chains to the most Easterly Southeast comer of the said Donation Land Claim of Chisholm Griffi th and wife; thence West 9.71 chains to the Northwest corner of the Donation Land Claim of Theophilus Powell aforesaid; thence South 1° West 17.55 chains to the place of beginning. SAVE AND EXCEPT: All that portion of the above described premises lying North of the State Street, Market Road No. 22. Tract 2: Beginning at the Southwest corner of the Donation Land Claim of Theophilus Powell and wife, in Township 7 and 8 South, Range 1 West of the Willamette Meridian in Marion County, State of Oregon; thence South 89°30’ East 31.90 chains to the Southeast corner of the J. W. Short land; thence North 0°15’ West 35.46 chains; thence West 31.47 chains to the West line of the Powell claim; thence South 1°30’ West 35.30 chains to the place of beginning. Also, Beginning at the Northeast comer of the Donation Land Claim of Reuben Dickens and wife, Township 8 South, Range 1 West of the Willamette Meridian in Marion County, Oregon; thence North 63° West, 65.00 chains along the North line of said claim; thence South 78° East 26.82 chains to the Southwest corner of the Theophilus Powell claim; thence South 89°30’ East, 38.45 chains to the Northwest corner of the William T. Patton Donation Land Claim; thence South 16° West 24.48 chains to the place of beginning, all situate in Marion County, State of Oregon. 12/2, 12/9, 12/16, 12/23 NOTICE TO INTERESTED PERSONS NOTICE TO INTERESTED PERSONS Michael Diehl, gives notice that on November 1, 2016, he fi led an Affi davit of Claiming Successor to the Estate of Dorthy Diehl, deceased, case no. 16PB07422, Circuit Court of the State of Oregon for Marion County. Reference is made to the court fi le where additional information can be obtained. The decedent died on September 5, 2016. All persons having claims against the estate of Dorthy Diehl are required to present the same in writing, with proper vouchers, to the Claiming Successor, 2005 Carmel Ave., Eugene OR 97401, within 4 months from the date of the fi rst publication of this notice or such claims will be barred. Dated and fi rst published this 2nd day of December, 2016. Michael Diehl, Claiming Successor to Estate of Dorthy Diehl 12/2, 12/9, 12/16 NOTICE TO INTERESTED PERSONS NOTICE TO INTERESTED PERSONS Richard Kuehn has been appointed Personal Representative of the ESTATE OF WANDA MAE KUEHN, deceased, by the Circuit Court of the State of Oregon for Marion County under Probate No. 16PB07663. All persons having claims against the estate are required to present them to said Personal Representative at 131 W. Main St., PO Box 350, Sublimity, OR 97385, within four months after date of fi rst publication of this notice or they may be barred. Your rights may be affected by this proceeding and additional information may be obtained from the records of the Court, the Personal Representative or the attorneys for the Personal Representative. DATED and fi rst published December 2, 2016. Richard Kuehn Personal Representative Stephen L. Tabor, P.C. Attorney at Law 131 W. Main Street P O Box 350 Sublimity, OR 97385 Attorney for Personal Representative 12/2, 12/9, 12/16 NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION Probate Department No. 16PB06914 NOTICE TO INTERESTED PERSONS In the Matter of the Estate of: SHARON P. LOWE Deceased. Notice is hereby given that Shannon Scott has been appointed as the personal representative of the above estate. All persons having claims against the estate are required to present them to the undersigned personal representative in care of the undersigned attorney at: 5 Centerpointe Dr. Ste 240, Lake Oswego, OR 97035- 8682, within four months after the date of fi rst publication of this notice as stated below, or such claims may be barred. All persons whose rights may be affected by the proceedings in this estate 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 Dec. 2, 2016 Shannon Scott Personal Representative Terry J. Tassin, Jr. OSB# 983553 Scarborough McNeese O’Brien & Kilkenny, PC Attorney for Personal Representative 5 Centerpointe Dr Ste 240 Lake Oswego, OR 97035-8682 12/2, 12/9, 12/16 STORAGE AUCTION PUBLIC NOTICE Warehouse Lien Auction Oral Auction to be held January 7th At 10:00 A.M. At Claxter Road Storage 2688 Claxter Road NE Salem, Oregon 97301 503-393-4189 Units A-28 Brandy Lynn Logan A-66 Nicole Norton B-21 Andrea Graham Sold as A whole Unit Claxter Road Storage Reserves the right to refuse any and all offers. 12/16, 12/23
