Keizertimes. (Salem, Or.) 1979-current, April 27, 2018, Page PAGE B6, Image 16

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    PAGE B6, KEIZERTIMES, APRIL 27, 2018
public notices
(CONTINUED FROM PAGE B4)
MARION COUNTY, OREGON
AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT
ON THE WESTERLY LINE OF
BLOCK 24, SALEM, MARION
COUNTY, OREGON, WHICH
POINT IS 184.00 FEET
NORTH 19° 29’ 12” EAST
FROM THE SOUTHWEST
CORNER OF SAID BLOCK;
THENCE NORTH 70° 30’
48” WEST 2.67 FEET;
THENCE SOUTH 19° 29’
12” WEST PARALLEL WITH
THE WESTERLY LINE OF
SAID BLOCK, 128.00 FEET;
THENCE SOUTH 70° 30’ 48”
EAST 2.67 FEET TO A POINT
ON THE WESTERLY LINE
OF SAID BLOCK; THENCE
NORTH 19° 29’ 12” EAST
ALONG SAID WESTERLY
LINE, 128.00 FEET TO THE
POINT OF BEGINNING.
ALSO: BEGINNING AT
THE SOUTHEAST CORNER
OF BLOCK 24, SALEM,
IN
MARION
COUNTY,
OREGON; THENCE NORTH
19° 30’ 00” EAST ALONG
THE
EASTERLY,
LINE
OF SAID BLOCK, 184.00
FEET; THENCE SOUTH 70°
30’ 00” EAST 2.67 FEET;
THENCE SOUTH 19° 30’
00” WEST, PARALLEL WITH
THE EASTERLY LINE OF
SAID BLOCK, 186.67 FEET;
THENCE NORTH 70° 28’
35” WEST, PARALLEL WITH
THE SOUTHERLY LINE OF
SAID BLOCK, 59.67 FEET;
THENCE NORTH 19° 31’
25” EAST 2.67 FEET TO THE
SOUTHERLY LINE OF SAID
BLACK; THENCE SOUTH 70°
28’ 35” EAST ALONG SAID
SOUTHERLY LINE, 57.00
FEET TO THE PLACE OF
BEGINNING.
PARCEL XIII
A NONEXCLUSIVE EASE-
MENT TO ALLOW THE
FOOTINGS BELOW STREET
LEVEL FOR A RETAIL CEN-
TER OVER THAT STRIP OF
LAND LYING BETWEEN EL-
EVATION 143.95 AND 145.95
BASED ON U.S.G.S. DATUM,
AS SET FORTH IN EASE-
MENT RECORDED AUGUST
27, 1986, IN REEL 485, PAGE
372, RECORDS FOR MARI-
ON COUNTY, OREGON, AND
MORE PARTICULARLY AS
FOLLOWS:
BEGINNING
AT
THE
SOUTHWEST
CORNER
OF BLOCK 24, SALEM, IN
MARION COUNTY, OREGON;
THENCE NORTH 19° 29’
12” EAST ALONG THE
WESTERLY LINE OF SAID
BLOCK 56.00 FEET; THENCE
NORTH 70° 30’ 48” WEST
2.67 FEET; THENCE SOUTH
19° 29’ 12” WEST PARALLEL
WITH THE WESTERLY LINE
OF SAID BLOCK, 58.67 FEET;
THENCE SOUTH 70° 28’
35” EAST PARALLEL WITH
THE SOUTHERLY LINE OF
SAID BLOCK, 294.29 FEET;
THENCE NORTH 19° 31’ 25”
EAST 2.67 FEET; THENCE
NORTH 70° 28’ 35” WEST
ALONG THE SOUTHERLY
LINE OF SAID BLOCK,
291.62 FEET TO THE POINT
OF BEGINNING.
PARCEL XIV
A NONEXCLUSIVE EASE-
MENT FOR SECOND STORY
OVERHANG OVER THAT
PORTION OF THAT AREA
ABOVE THE ELEVATION OF
168.10 BASED ON U.S.G.S.
DATUM, AS SET FORTH IN
EASEMENT
RECORDED
AUGUST 27, 1986, IN REEL
485, PAGE 372, RECORDS
FOR MARION COUNTY, OR-
EGON, AND DESCRIBED AS
FOLLOWS:
BEGINNING
AT
THE
SOUTHWEST
CORNER
OF BLOCK 24, SALEM,
IN
MARION
COUNTY,
OREGON; THENCE NORTH
19° 29’ 12” EAST ALONG
THE
WESTERLY
LINE
OF SAID BLOCK, 190.60
FEET; THENCE NORTH 70°
30’ 48” WEST 8.00 FEET;
THENCE SOUTH 19° 29’
12” WEST PARALLEL WITH
THE WESTERLY LINE OF
SAID BLOCK, 198.60 FEET;
THENCE SOUTH 70° 28’
35” EAST PARALLEL WITH
THE SOUTHERLY LINE OF
SAID BLOCK, 364.62 FEET;
THENCE NORTH 19° 30’
00” EAST PARALLEL WITH
THE EASTERLY LINE OF
SAID BLOCK, 198.60 FEET;
THENCE NORTH 70° 30’ 00”
WEST 8.00 FEET TO A POINT
ON THE EASTERLY LINE
OF SAID BLOCK; THENCE
SOUTH 19° 30’ 00” WEST
ALONG SAID EASTERLY
LINE, 190.60 FEET TO THE
SOUTHEAST CORNER OF
SAID
BLOCK;
THENCE
NORTH 70° 28’ 35” WEST
ALONG THE SOUTHERLY
LINE SAID BLOCK 348.62
FEET TO THE POINT OF
BEGINNING.
PARCEL XV
BEGINNING
AT
THE
SOUTHEAST
CORNER
OF BLOCK 2, SALEM, IN
MARION COUNTY, OREGON;
THENCE NORTH 70° 27’
43” WEST ALONG THE
SOUTHERLY LINE OF SAID
BLOCK, 348.66 FEET TO
THE SOUTHWEST CORNER
OF SAID BLOCK 2; THENCE
NORTH 19° 30’ 00” EAST
ALONG THE WESTERLY
LINE OF SAID BLOCK, 108.36
FEET TO A POINT, SAID
POINT BEING 16.00 FEET
SOUTH 19° 30’ 00” WEST
FROM THE NORTHWEST
CORNER OF THE SOUTH
HALF OF LOT 6 OF SAID
BLOCK 2, THENCE SOUTH
70° 27’ 56” EAST PARALLEL
WITH THE NORTHERLY LINE
OF SAID SOUTH HALF, A
DISTANCE OF 92.90 FEET;
THENCE SOUTHEASTERLY
ALONG THE ARC OF A 60.00
FOOT RADIUS CURVE TO
THE RIGHT (THE CHORD OF
WHICH BEARS SOUTH 54°
10’ 23” EAST 33.67 FEET) A
DISTANCE OF 34.12 FEET;
THENCE EASTERLY AND
NORTHEASTERLY ALONG
THE ARC OF A 48.00 FOOT
RADIUS CURVE TO THE
LEFT (THE CHORD OF
WHICH BEARS NORTH 74°
25’ 52” EAST 88.81 FEET) A
DISTANCE OF 113.41 FEET
TO A POINT WHICH BEARS
NORTH 19° 30’ 00” EAST
150.00 FEET FROM THE
SOUTHERLY LINE OF SAID
BLOCK 2; THENCE SOUTH
70° 27’ 43” EAST, PARALLEL
WITH THE SOUTHERLY LINE
OF SAID BLOCK, 150.76
FEET TO THE EASTERLY
LINE OF SAID BLOCK 2;
THENCE SOUTH 19° 30’
00” WEST ALONG THE
EASTERLY LINE OF SAID
BLOCK, 150.00 FEET TO
THE POINT OF BEGINNING.
(SAID PARCEL CONSISTS
OF A SEPARATE TAX LOT
UNDER TAX ACCOUNT NO.
89026)
PARCEL XVI:
TRACT A:
THOSE RIGHTS CON-
TAINED IN PERMIT RE-
CORDED OCTOBER 22,
1965 IN VOLUME 608, PAGE
392, MARION COUNTY RE-
CORDS, AND ANY AMEND-
MENTS THERETO.
(AFFECTS BLOCK 24)
TRACT B:
THOSE
EASEMENT
RIGHTS ESTABLISHED BY
THE CERTAIN DOCUMENT
TITLE ‘CONSTRUCTION, OP-
ERATION AND RECIPROCAL
EASEMENT
AGREEMENT’
RECORDED JANUARY 18,
1979 IN REEL 153, PAGE
1947, MARION COUNTY RE-
CORDS, AND ANY AMEND-
MENTS THERETO.
(AFFECTS BLOCK 23)
TRACT C:
THOSE RIGHTS CON-
TAINED IN THE CERTAIN RE-
VOCABLE PERMIT AGREE-
MENT RECORDED FEBRU-
ARY 27, 1981 IN REEL 242,
PAGE 1196, MARION COUN-
TY RECORDS, AND ANY
AMENDMENTS THERETO.
(AFFECTS BLOCK 23)
TRACT D:
THOSE
RIGHTS
AND
EASEMENTS CONTAINED IN
THAT CERTAIN DOCUMENT
TITLE
‘GRANT
OF
RECIPROCAL EASEMENTS
AND
DECLARATION
OF
COVENANTS
RUNNING
WITH THE LAND’ RECORDED
APRIL 24, 1986 IN REEL 458,
PAGE 61, MARION COUNTY
RECORDS,
AND
ANY
AMENDMENTS THERETO.
(AFFECTS BLOCK 24)
TRACT E:
THOSE RIGHTS CON-
TAINED IN THAT CERTAIN
DOCUMENT TITLED ‘MEM-
ORANDUM
OF
AGREE-
MENT FOR CONSTRUC-
TION AND MAINTENANCE
OF SKYBRIDGE SYSTEMS’
RECORDED
DECEMBER
1, 1986 IN REEL 506, PAGE
170, MARION COUNTY RE-
CORDS, AND ANY AMEND-
MENTS THERETO.
(AFFECTS BLOCKS 23
AND 24)
TRACT F:
THOSE
EASEMENT
RIGHTS ESTABLISHED BY
THAT CERTAIN DOCUMENT
TITLED ‘DECLARATION OF
RECIPROCAL EASEMENTS’
RECORDED DECEMBER 29,
1987 IN REEL 594, PAGE
129, MARION COUNTY RE-
CORDS, AND ANY AMEND-
MENTS THERETO.
(AFFECTS BLOCKS 23
AND 24)
TRACT G:
THOSE RIGHTS CON-
TAINED IN THAT CERTAIN
DOCUMENT TITLED ‘CER-
TIFICATION AND AGREE-
MENT AS TO AGREEMENTS
FOR CONSTRUCTION AND
MAINTENANCE OF SKY-
BRIDGE SYSTEM’ RECORD-
ED JANUARY 26, 1988 IN
REEL 599, PAGE 412, AND
ALSO RECORDED JUNE 1,
1990 IN REEL 773, PAGE
221, MARION COUNTY RE-
CORDS, AND ANY AMEND-
MENTS THERETO.
(AFFECTS BLOCKS 23
AND 24)
TRACT H:
THOSE
RIGHTS
AND
EASEMENTS
CONTAINED
IN THAT CERTAIN DOCU-
MENT TITLE ‘AGREEMENT
FOR CONSTRUCTION AND
MAINTENANCE OF SKY-
BRIDGE AND GRANT OF
PERPETUAL
EASEMENT’
RECORDED APRIL 8, 1994 IN
REEL 1157, PAGE 594 AND
RE-RECORDED APRIL 19,
1994 IN REEL 1160, PAGE
49, MARION COUNTY RE-
CORDS, AND ANY AMEND-
MENTS THERETO.
(AFFECTS BLOCKS 23
AND 24)
TRACT I:
THOSE
RIGHTS
CONTAINED IN THE CERTAIN
REVOCABLE
PERMIT
AGREEMENT
RECORDED
MAY 7, 1990 IN REEL
767, PAGE 479, MARION
COUNTY
RECORDS,
AND ANY AMENDMENTS
THERETO.
(AFFECTS PARCEL XV)
Situs Address: 401 Center
Street NE, Salem, Oregon
97301.
The undersigned is the
successor trustee under the
Trust Deed. The successor
trustee hereby certifi es that
no action has been instituted
to recover the obligation,
or any part thereof, now
remaining secured by the
Trust Deed or, if such action
has been instituted, such
action has been dismissed
except as permitted by ORS
86.752(7).
The default for which
the foreclosure is made is
Grantor’s failure to pay the
Note in full upon maturity.
By reason of said default,
Benefi ciary has declared all
sums owing on the obligation
secured by the Trust Deed
immediately due and payable,
which sums are as follows:
(a) the principal amount
of $31,186,695.88 as of
March 26, 2018, (b) accrued
but unpaid interest of
$724,224.39 as of March 26,
2018, and interest accruing
thereafter on the principal
amount at the rate of 4.75
percent per annum until fully
paid, (c) accrued but unpaid
default interest charges of
$652,513.73 as of March 26,
2018, and default interest
charges accruing thereafter
on the principal amount at
the rate of 5.00 percent per
annum until fully paid, (d)
late charges in the amount of
$43,361.95 as of March 26,
2018, plus any late charges
accruing thereafter and any
other expenses or fees owed
under the Note or Trust Deed,
(e) reconveyance/payoff fee of
$500, (f) protective advances
made by Benefi ciary or its
special servicer in the amount
of $66,648.87 as of March
26, 2018, plus any additional
amounts that Benefi ciary
or its special servicer may
hereinafter pay to protect
the lien, including by way of
illustration, but not limitation,
taxes, assessments, interest
on prior liens, and insurance
premiums, and (g) costs
and expenses, including
attorney and trustee fees,
incurred by Benefi ciary in
foreclosure, including the
cost of a trustee’s sale
guarantee and any other
environmental or appraisal
report. As of March 26, 2018,
the amount due and owing
by Grantor under the Note
(after applying all payments
made thereon and deducting
all credits to which Grantor is
entitled) is $31,567,153.48,
plus Benefi ciary’s costs and
expenses (including legal
expenses).
Notice is hereby given
that by reason of said
default,
Benefi ciary
and
the successor trustee have
elected to foreclose the trust
deed by advertisement and
sale pursuant to ORS 86.705
to ORS 86.815 and to sell the
real property identifi ed above
to satisfy the obligation that
is secured by the Trust Deed.
NOTICE
IS
HEREBY
GIVEN that the undersigned
successor
trustee
or
successor trustee’s agent
will, on August 30, 2018,
at one o’clock (1:00) p.m.,
based on the standard
of time established by
ORS 187.110, just outside
the main entrance of the
Marion County Courthouse,
100 High Street NE, Salem,
Oregon, sell for cash at
public auction to the highest
bidder the interest in said
real property, which Grantor
has or had power to convey
at the time of the execution
by Grantor of the Trust Deed,
together with any interest that
Grantor or the successors in
interest to Grantor acquired
after the execution of the
Trust Deed, to satisfy the
foregoing obligations thereby
secured and the costs and
expenses of sale.
NOTICE IS FURTHER
GIVEN that any person named
in ORS 86.778 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 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
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 and
attorney fees not exceeding
the amounts provided by
ORS 86.778.
In construing this notice,
the singular includes the
plural, and the word “grantor”
includes any successor in
interest of 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.
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.
For further information,
please contact Teresa H.
Pearson at her mailing
address of Miller Nash
Graham & Dunn LLP, 111 S.W.
Fifth Avenue, Suite 3400,
Portland, Oregon 97204 or
telephone her at (503) 224-
5858.
DATED this 6th day of
April, 2018.
/s/ Teresa H. Pearson
Successor Trustee and
Attorney
File No. 052351-0016
4/27, 5/4, 5/11, 5/18
Change hurt
HOPE
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