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About Keizertimes. (Salem, Or.) 1979-current | View Entire Issue (Nov. 16, 2018)
PAGE A8, KEIZERTIMES, NOVEMBER 16, 2018 public notices NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION Probate Department Case No: 18PB08010 NOTICE TO INTERESTED PERSONS In the Matter of the Estate of LYNETTE F. FREYTAG, Deceased. NOTICE IS HEREBY GIVEN that Lisa A. Neale has been appointed as Personal Representative. All persons having claims against the Estate are required to present them, with vouchers attached, to the Personal Representative, Lisa A. Neale, c/o Kathryn M. Belcher, of McGinty & Belcher, Attorneys, P.C., P.O. Box 12806, Salem, Oregon, 97309, within four months after the date of fi rst publication of this noti~e, 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 attorneys for the personal representative. DATED this 2nd day of November, 2018. Date of fi rst publication: November 9, 2018. Kathryn M. Belcher, OSB #992200 Attorney for Personal Representative Personal Representative Lisa A. Neale 6821 SE Cora St. Portland, OR 97206 (678) 327-1879 Attorney for Personal Representative Kathryn M. Belcher, OSB #992200 McGinty Belcher & Hamilton, Attorneys, P.C. P.O. Box 12806 Salem, OR 97309 Tel: (503) 371-9636 Fax: (503) 371-2879 E-mail: kathy@mcinty-belcher.com 11/9, 11/16, 11/23 TRUSTEE’S NOTICE OF SALE TRUSTEE’S NOTICE OF SALE The Trust Deed described herein is a residential trust deed, as defi ned in ORS 86.705(6). This Trustee’s Notice of Sale could be subject to the mandatory resolution conference requirements applicable to residential trust deeds being foreclosed in Oregon after July 11, 2012. See ORS 86.726 (2015). However, the lender and current benefi ciary of the Trust Deed is exempt from the requirement, pursuant to ORS 86.726(1)(b). A copy of the benefi ciary exemption affi davit for 2018 is on fi le with the Oregon Department of Justice. A copy of the Exemption Affi davit, required pursuant to ORS 86.726(1)(b), was recorded on behalf of Columbia State Bank successor by merger to West Coast Bank in the real property records of Marion County, Oregon on August 21, 2018 in Reel 4113, Page 2. Reference is made to that certain Trust Deed (hereinafter “Trust Deed”) made by Steven Eyerly and Kristine Bernard, not as tenants in common but with rights of survivorship, as Grantors, to West Coast Trust, as Trustee, in favor of West Coast Bank, as the original Benefi ciary, dated May 18, 2006, recorded May 24, 2006, in the mortgage records of Marion County, Oregon in Reel 2652, Page 7. The Trust Deed was last modifi ed by that certain Modifi cation of Deed of Trust dated June 1, 2017 and recorded on June 19, 2017, in the mortgage records of Marion County, Oregon in Reel 3958, Page 248. The Trust Deed covers the following described real property situated in the above-mentioned county and state, to wit: Lot Numbered Four (4), MASSEY ESTATES, a Planned Unit Development, Marion County, Oregon. Property Tax Account No.: R54588 Real property or its address is commonly known as 6198 Rosemeadow Lane NE, Salem, OR 97301 (the “Real Property”). The undersigned hereby disclaims any liability for any incorrectness of the above- described street address or other common designation. The undersigned as successor trustee 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 together with appointing Saalfeld Griggs PC as the current successor trustee; further, that no action has been instituted to recover the debt, 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). Columbia State Bank, as the current Benefi ciary, is the successor in interest by merger to West Coast Bank as the original benefi ciary. The Real Property will be sold to satisfy the Note identifi ed below secured by the Trust Deed and a Notice of Default has been recorded pursuant to Oregon Revised Statutes 86.752(3); the default(s) for which the foreclosure is made are the following: Loan No. 12000675 Grantors’ failure to pay the entire balance due and owing upon the loan as of the date of maturity on May 15, 2018, pursuant to the terms of the Deed of Trust securing that certain Credit Agreement and Disclosure dated May 18, 2006 and referenced therein (“Note”). By reason of the defaults, the current Benefi ciary Columbia State Bank as successor in interest by merger has and does hereby declare all sums owing on the Note secured by the Trust Deed immediately due and payable, those sums being the following, to wit: Principal Balance: $ 98,776.74 Interest to 07/13/18: $ 535.83 Charges and Fees: $795.00 Total: $100,107.57* *Total does not include accrued interest at the rate of $6.0890 per diem from July 14, 2018 until paid, additional late charges, expenditures, or trustee fees, and attorney fees and costs. A total payoff amount as of a specifi c date is available upon written request to the successor trustee or current Benefi ciary. WHEREFORE, notice hereby is given that the undersigned successor trustee will on THURSDAY, DECEMBER 27, 2018 at 10:00 a.m. in accord with the standard of time established by ORS 187.110, at the FRONT ENTRANCE OF THE MARION COUNTY COURTHOUSE, 100 HIGH STREET NE, in the City of SALEM County of MARION, State of OREGON, which is the hour, date and place last set for the sale, sell at public auction to the highest bidder for cash the interest in the Real Property which the Grantors had or had power to convey at the time of the execution by Grantors of the Trust Deed, together with any interest which the Grantors or Grantors’ successors in interest acquired after the execution of the Trust Deed, to satisfy the foregoing Promissory Note secured by the Trust Deed and the costs and expenses of sale, including a reasonable charge by the successor trustee. The successor trustee intends to foreclose upon the Real Property. Notice is further given that any person named in ORS 86.778 has the right, at any time 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 paying the entire amount then due (other than such portion of the principal as would not then be due had no default occurred), together with costs, trustee’s fees and attorney fees and costs, and by curing any other default complained of in the Notice of Default, that is capable of being cured by tendering the performance required under the Note or Trust Deed. Finally, notice is hereby given that 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 of Sale, the singular includes the plural, the word “Grantors” includes any successor in interest to the Grantors 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. The mailing address for the successor trustee, as referenced herein, is as follows: Erich M. Paetsch, OSB 993350, Vice President of Successor Trustee Saalfeld Griggs, P.C, Successor Trustee P.O. Box 470 Salem, OR 97308-0470 Trustee’s Telephone Number: 503-399-1070 Dated: This 24th day of August, 2018 Saalfeld Griggs PC, Successor Trustee s/ Erich M. Paetsch By: Erich M. Paetsch, OSB 993350 Its: Vice President 11/16, 11/23, 11/30, 12/7 NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION Probate Department Case No. 18PB08112 NOTICE TO INTERESTED PERSONS In the Matter of the Estate of DARYL E. BRANSON, Deceased. NOTICE IS HEREBY GIVEN that Michael D. Branson has been appointed as Personal Representative. All persons having claims against the Estate are required to present them, with vouchers attached, to the Personal Representative, Michael D. Branson, c/o Kathryn M. Belcher, of McGinty Belcher & Hamilton, Attorneys, P.C., P.O. Box 12806, Salem, Oregon, 97309, 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 attorneys for the personal representative. DATED this 6th day of November, 2018. Date of fi rst publication: November 16, 2018. Kathryn M. Belcher, OSB #992200 Attorney for Personal Representative Personal Representative Michael D. Branson 1060 Baxter Road SE Salem, OR 97306 (503) 507-5636 Attorney for Personal Representative Kathryn M. Belcher, OSB #992200 McGinty Belcher & Hamilton, Attorneys, P.C. P.O. Box 12806 Salem, OR 97309 Tel: (503) 371-9636 Fax: (503) 371-2879 E-mail: kathy@mcginty-belcher.com 11/16, 11/23, 11/30 TRUSTEE’S NOTICE OF SALE TRUSTEE’S NOTICE OF SALE NOTICE is hereby given that the obligation secured by the Trust Deed described below is in default, and that the benefi ciary has elected to foreclose the Trust Deed pursuant to ORS 86.705 to 86.815. No action is now pending to recover any part of the debt secured by the Trust Deed. The Benefi ciary Exemption Affi davit is being recorded concurrently with this notice. Information required by ORS 86.771 is as follows: 1. Grantor: Dean Yeager, Trustee: Ticor Title Company of Oregon, Successor Trustee: Joseph E. Kellerman, 14 N. Central Ave., Suite 104, Medford, OR 97501, Benefi ciary: Daniel Heller, 13.171% undivided interest; MEB Investments LLC, 19.756% undivided interest; Paul Rostykus, 26.829% undivided interest; Andre Anderson, 17.073% undivided interest; Douglas H Rowe & Catherine F Rowe, 12.195% undivided interest; Arne K Mason and Barbara L Mason, Trustees of the Arne K Mason and Barbara L Mason Trust, dated December 8, 2010, 10.976% undivided interest, 2. Property covered by the Trust Deed: PARCEL 1: Lots 2 and 3, Block 7, HOLLISTER’S ADDITION, in the City of Stayton, Marion County, Oregon. PARCEL 2: Beginning on the division line between the East and West half of the Donation Land Claim of Henry Smith and wife in the center of the County Road, said point being 7.20 chains North 89º 30’ East and 1.95 chains South of the re-entrant corner in the North boundary of said Claim in Township 8 South, Range 2 West of the Willamette Meridian in Marion County, Oregon; thence North 89º 45’ East 4.00 chains along the center of the County Road; thence South 72º East 3.36 chains along the center of the County Road; thence South 85º 45’ East 6.61 chains along the center of the County Road; thence South 88º 30’ East 4.57 chains along the center of the County road, to the Northwest corner of a tract of land conveyed to John Stuber by deed recorded April 28, 1958 in Volume 511, Page 78, Deed Records, Marion County, Oregon; thence South along the West line of said tract 14.99 chains to the Southwest corner thereof; thence South 89º 30’ West to a point on the Northeasterly line of that parcel of land described in a condemnation suit fi led under Clerk’s File No. 46188; thence Northwesterly along said Northeasterly line to a point in the center of County Road No. 867; thence North 87º East along the center of said County Road to the place of beginning. EXCEPTING THEREFROM: Beginning at a point in the center of County Road No. 867, said point being North 88º 06’ West 278.00 feet from the Northwest corner of a tract of land conveyed to John Stuber by deed recorded in Volume 511, Page 78 Deed Records for Marion County, Oregon; thence South parallel with said tract, 972.15 feet to a point on the Northeasterly right of way line of the North Santiam Highway; thence North 52º01’ West along said Highway right of way line, 653.67 feet; thence North 16º 22’ 09” East 621.92 feet to a point in the center of said County Road No. 867; thence South 85º 29’ East along the center of said County Road, 317.41 feet; thence South 88º 06’ East 23.62 feet to the point of beginning, being situated in Section 24, Township 8 South, Range 2 West of the Willamette Meridian in Marion County, Oregon. FURTHER EXCEPTING THEREFROM: that portion conveyed to the State of Oregon, by and through its Department of Transportation, Highway Division, as described in Deed recorded September 1, 1993 in Reel 1098, Page 222, Deed Records for Marion County, Oregon. ALSO FURTHER EXCEPTING THEREFROM: Beginning at the Northwest corner of a tract of land conveyed to John Stuber by deed Recorded in Volume 511, Page 78, Deed Records in Marion County, Oregon; thence South 989.34 feet to the Southwest corner of said tract; thence South 89º 30’ West 241.34 feet more or less to a point on the Northeasterly right of way line of the North Santiam Highway; thence North 52º 01’ West along said Highway right of way line 46.33 feet; thence North parallel with the West line of said Stuber tract 972.15 feet to a point in the center of County Road No. 867; thence South 88º 06’ East along the center of said County Road 278.00 feet to the place of beginning, being situated in Section 24, Township 8 South, Range 2 West of the Willamette Meridian in Marion County, Oregon. 3. Trust Deed was recorded on April 28, 2017 as Instrument No. 2017-00021802 at Reel 3940, Page 235, Deed Records for Marion County, Oregon. 4. Default for which foreclosure is made is 1) failure of Grantor to pay required monthly payments pursuant to the terms of the promissory note; and 2) failure to pay real property taxes assessed against the premises. 5. The sum owing on the obligation secured by the Trust Deed is $428,725.00 as of August 27, 2018 plus interest on the unpaid principal portion of the balance owing from August 27, 2018 until paid at the rate of 18% plus late fees accruing thereafter, plus trustee’s, attorneys’ costs and fees incurred plus such sums as the Benefi ciary may advance for the benefi t of Grantor (i.e., real property taxes, insurance premiums, etc.). The Benefi ciary has accelerated the entire balance as due and owing. 6. The Benefi ciary has and does elect to sell the property to satisfy the obligation. 7. The property will be sold in the manner prescribed by law on the 24th day of January, 2019, at 10:00 a.m. standard time as established by ORS 187.110, at the front steps of the Marion County Courthouse, 555 Court Street NE, Salem, Oregon. 8. Interested persons are notifi ed of the right under ORS 86.778 to have this proceeding dismissed and the Trust Deed reinstated by payment of the entire amount then due, other than such portion as would not then be due had no default occurred, together with costs, trustee and attorney’s fees, and by curing any other default complained of in this Notice, at any time prior to fi ve days before the date last set for sale. 9. 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. 10. In construing this notice and whenever the context hereof so requires, 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 their successors in interest, the word “trustee” includes any successor trustee and the word “benefi ciary” includes any successor in interest of the benefi ciary named in the Trust Deed, and any collateral benefi ciary, and their successors in interest. DATED this 12th day of September, 2018. HORNECKER COWLING LLP, By: /s/ Joseph E. Kellerman, Successor Trustee 11/16, 11/23, 11/30, 12/7 NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION Case No: 18PB08196 NOTICE TO INTERESTED PERSONS In the Matter of the Estate of: SHERRY JOY CLEMENT, Deceased. NOTICE IS HEREBY GIVEN that Leslie A. Guayante has been appointed personal representative of the estate of the decedent. All persons having claims against the estate are required to present them, with vouchers attached, to the personal representative at 5249 Baxter Court SE, Salem, OR 97306 or her attorney, 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 attorneys for the personal representative, Gunn & Gunn, Attention Jana R. Gunn., P.O. Box 4057, Salem, Oregon, 97302. Dated and fi rst published November 16, 2018. Jana R. Gunn, OSB#012690 of Attorneys for Personal Representative 11/16, 11/23. 11/30 NOTICE TO INTERESTED PERSONS In the Circuit Court of the State of Oregon for the County of Marion In the Matter of the Estate of Floyd G. Mattson, Deceased. No. 18PB07081 - Probate NOTICE TO INTERESTED PERSONS NOTICE IS HEREBY GIVEN that the undersigned has been appointed Personal Representative of the estate of the above-named decedent. All persons having claims against the estate are required to present such claims within four months after the date of fi rst publication of this notice, to Erin H. Pascual, PO Box 1048, Salem, OR 97308, or the claims may be barred. All persons whose rights may be affected by the proceeding may obtain additional information from the records of the court, the Personal Representative, or the attorneys for the Personal Representative. Dated and fi rst published November 16, 2018. \s\ Rachel A. Emerson Personal Representative Erin Pascual, OSB #143400 Heltzel Williams PC PO Box 1048 Salem, Oregon 97308-1048 Attorneys for Personal Representative 11/16, 11/23. 11/30 STORAGE AUCTION NOTICE OF SALE OF PERSONAL PROPERTY UNDER LANDLORDS POSSESSORY LIEN. Personal property left in the following units have been seized for non-payment of rent and will be sold by Public Sale to the highest bidder at The Storage Depot, 831 Railway St., Silverton, OR. 97381 on November 27, 2018 at 12 PM. The contents of the following units will be sold; Austin Pelinga C0214, Dusty Schur E0338, Nicole M Gonzalez E0354, Christina Prevost E0370. 11/16, 11/23 NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION PROBATE DEPARTMENT Case No: 18PB08265 NOTICE TO INTERESTED PERSONS In the Matter of the Estate of: DARRELL GENE BRADY, A Deceased Person October 12, 2018 NOTICE: The Circuit Court of the State of Oregon, for the County of Marion, has appointed Catherine M. Russ as the Personal Representative of the Estate of Darrell Gene Brady, deceased. All persons having claims against the estate are required to present the same, with proper vouchers to the Personal Representative, c/o David C. Noland, Attorney at Law, 1045 13th Street SE, Salem, Oregon 97302, within four months after 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 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 November 16, 2018. DATED this 8th day of November, 2018. David C. Nolan, OSB #104641 Attorney for Personal Representative 11/16, 11/23. 11/30 NOTICE OF SHERIFF'S SALE On 14th day of December, 2018, at 10:00 AM, at the main entrance of the Marion Co. Courthouse, in Salem, OR, I will sell the following real property: 4370 75th Avenue SE, Salem, in the case of MTGLQ INVESTORS, L.P., Plaintiff, vs. THE UNKNOWN HEIRS AND DEVISEES OF CINDY G. PFAU, THE UNKNOWN HEIRS AND DEVISEES OF RANDY E. LOWE, ANGELA JOHNSON, ELAINA BRUCE, JUSTIN LOWE, JENNA LOWE, JASON PFAU, THOMAS PFAU, OCCUPANTS OF THE PROPERTY, Defendant(s). For more information go to http://oregonsheriffssales.org 11/16, 11/23. 11/30, 12/7
