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About Keizertimes. (Salem, Or.) 1979-current | View Entire Issue (July 5, 2019)
JULY 5, 2019, KEIZERTIMES, PAGE A9 public notices TRUSTEE’S NOTICE OF SALE After Recording Return To: Erich M. Paetsch, OSB# 993350 Saalfeld Griggs PC P. O. Box 470 Salem, Oregon 97308-0470 Telephone: (503) 399-1070 Trustee’s Notice of Sale On information and belief, the Trust Deed described herein is a commercial trust deed, and is therefore not subject to the requirements applicable to a residential trust deed as defi ned in ORS 86.705(6) on the date of recordation. This Notice of Sale is not subject to the resolution conference requirements applicable to residential trust deeds being foreclosed in Oregon after July 11, 2012. Reference is made to that certain Trust Deed “Trust Deed” made by Thomas J. Schumacher and Rita M. Schumacher, as tenants by the entirety, as to an undivided ½ interest and Brian J. Schumacher and Stephanie Schumacher, as tenants by the entirety, as to an undivided ½ interest, as Grantor, to West Coast Trust, as Trustee, in favor of West Coast Bank, as the original Benefi ciary, dated April 6, 2012, recorded April 12, 2012, in the mortgage records of Marion County, Oregon in Reel 3374, Page 60, and covering the following described real property situated in the above- mentioned county and state, to wit: See Attached Exhibit A. Property Tax Account Nos.: R28505, R28506, R28507, and R28508. Real property or its address is commonly known as NNA, Sublimity, OR 97385 (R28505, R28506, R28507 and R28508) (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). The current benefi ciary of the Trust Deed is Columbia State Bank as successor in interest by merger to West Coast Bank. The Real Property will be sold to satisfy the Promissory 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. 6003138: Grantor’s failure to pay the Loan upon the maturity date of February 15, 2019, pursuant to the terms of the Promissory Note securing that certain Line of Credit Deed of Trust dated April 6, 2012 (“Note”). By reason of the above described default, the Benefi ciary 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: $798,061.36 Accrued Interest to 3/4/19: $2,639.60 Legal Fees: $198.50 Appraisal Fees: $4,913.00 ———————————— Total: $805,812.46* *Total does not include accrued interest at the rate of $155.1786 per diem from March 5, 2019 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. The current Benefi ciary of the Deed of Trust and holder of the Promissory Note referenced therein notes that both are commercial in nature and were obtained for investment and business purposes. Wherefore, notice hereby is given that the undersigned successor trustee will on WEDNESDAY, AUGUST 21, 2019, at the hour of 10:00 o’clock a.m. in accord with the standard of time established by ORS 187.110, on the front steps of the Marion County Courthouse, 100 High Street NE, 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 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 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 Promissory 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 “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. The mailing address for the successor trustee, as referenced herein, is as follows: Erich M. Paetsch, 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 18th day of April 2019. Saalfeld Griggs PC, Successor Trustee /s/ Erich M. Paetsch By: Erich M. Paetsch, O SB# 993350 Its: Vice President the place of beginning. PARCEL 2: Beginning at a point 33.44 chains North 89°49’ West of the Northwest corner of the John Coy Donation Land Claim in Township 8 South, Range 1 West of the Willamette Meridian, Marion County, Oregon; thence North 89°49’ West 6.52 chains, along the South line of the John Downing Claim; thence South 61.36 chains to the center of the County Road; thence South 55°30’ East 35 links, along said road; thence East 6.25 chains, along said road; thence North 61.56 chains to the place of beginning. Save and except: Beginning at the Southeast corner of the tract of land described by that certain Deed to James H. Ripp, et ux, from Louis Hendricks, et ux, recorded in Volume 217, page 384, Deed Records for Marion County, Oregon; and running thence North, along the East line of said tract, a distance of 416.14 feet; thence West, parallel with the South line of said tract, a distance of 208.07 feet; thence South, parallel with the East line thereof, 416.14 feet to the South line of said tract; thence East, along the South line of said tract, 208.07 feet to the place of beginning. Parcel 3: Beginning at a point 19.98 chains West of the Northwest corner of the John Coy Donation Land Claim in Township 8 South, Range 1 West of the Willamette Meridian, Marion County, Oregon; and running thence West, along the South line of the G.W. Hunt and John Downing Donation Land Claim in said Township and Range, a distance of 13.46 chains; thence South 31.28 chains thence East 13.46, along the North line of property conveyed to John P. Bentz, et ux, by deed recorded November 4, 1927, in Volume 194, Page 268, Deed Records for Marion County, Oregon, to the Northwest corner thereof; thence North 31.28 chains to the place of beginning. Parcel 4: Beginning at a point 39.96 chains North 89°49’ West of the Northwest corner of the John Coy Donation Land Claim in Township 8 South, Range 1 West of the Willamette Meridian, Marion County, Oregon, said beginning point being on the South line of the John Downiing Donation Land Claim; thence North 89°49’ West 4.16 chains, along said line; thence South 59.24 chains to the center of the County Road; thence North 32° East 77 links, along said County Road; thence South 55°30’ East 4.65 chains, along the above road; thence North 61.36 chains to the place of beginning. Save and except that certain 3 acre parcel off the South end thereof, as conveyed to Marvin W. Sandberg, et ux, by deed recorded May 13, 1959, in Volume 522, Page 495, Deed Records for Marion County, Oregon. Also save and except then North 2 acres of the South 5 acres thereof, as conveyed to Marvin W. Sandberg, et ux, by deed recorded December 7, 1964, in Volume 594, Page 394, Deed Records for Marion County, Oregon. 6/28, 7/5, 7/12, 7/19 SUMMONS BY PUBLICATION Exhibit A Legal Description PARCEL 1: Beginning at a point which is 39.96 chains North 89°49’ West and 3552.10 feet South from the Northwest corner of the John Coy Donation Land Claim in Township 8 South, Range 1 West of the Willamette Meridian in Marion County, Oregon, which point is the Northeast corner of that tract of land conveyed to Grover C. Moore, et ux by deed recorded May 4, 1966 in Volume 616, Page 167, Deed Records for Marion County, Oregon; thence North 376.08 feet to the Northeast corner of that tract of land conveyed to Marvin W. Sandberg, et ux by deed recorded December 7, 1964 in Volume 594, Page 394, Deed Records for Marion County, Oregon; thence South 89°35’ West along the North line of said Sandberg tract, 278.9 feet to the Northwest corner thereof; thence South 0°04’ West along the West line of said Sandberg tract and a Southerly extension thereof, 376.08 feet to the Northwest corner of the said Moore tract; thence North 89°35’ East, 279.38 feet to IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION Case No.: 18CV40523 Judge: Susan M Tripp SUMMONS BY PUBLICATION U.S. BANK TRUST, N.A., AS TRUSTEE FOR LSF10 MASTER PARTICIPATION TRUST, Plaintiff, vs. RANDY SLAUGHTER; JULIE SLAUGHTER; JANIE WORTH; DAVE HUNT; BOB NICKELS; OCCUPANTS OF THE PROPERTY, Defendants. To: JANIE WORTH, DAVE HUNT, and OCCUPANTS OF THE PROPERTY You are hereby required to appear and defend the Complaint fi led against you in the above entitled cause within thirty (30) days from the date of service of this summons upon you, and in case of your failure to do so, for want thereof, Plaintiff will apply to the court for the relief demanded in the Complaint. NOTICE TO DEFENDANT: READ THESE PAPERS CAREFULLY! You must “appear” in this case or the other side will win automatically. To “appear” you must fi le with the court a legal paper called a “motion” or “answer.” The “motion” or “answer” (or “reply”) must be given to the court clerk or administrator within 30 days of the date of fi rst publication specifi ed herein along with the required fi ling fee. It must be in proper form and have proof of service on the plaintiff’s attorney or, if the plaintiff does not have an attorney, proof of service on the plaintiff. If you have questions, you should see an attorney immediately. If you need help in fi nding an attorney, you may call the Oregon State Bar’s Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon at (800) 452-7636. The relief sought in the Complaint is the foreclosure of the property located at 270 Kenwood Ave NE, Salem, OR 97301. Date of First Publication: 6/21/2019 McCarthy & Holthus, LLP s/ Brady Godbout Brady Godbout OSB No. 132708 920 SW 3rd Ave, 1st Floor Portland, OR 97204 Phone: (971) 201-3200 Fax: (971) 201-3202 bgodbout@mccarthyholthus. com Of Attorneys for Plaintiff 6/21, 6/28, 7/5, 7/12 TRUSTEE’S NOTICE OF SALE S&S 19-124793 TRUSTEE’S NOTICE OF SALE A default has occurred under the terms of a trust deed made by Norman Williams, an unmarried man, whose address is 1073 46th Place SE, Salem, OR 97317 as grantor to AmeriTitle, as Trustee, in favor of Mortgage Electronic Registration Systems, Inc. (“MERS”), solely as nominee for FPF Wholesale, a division of Stearns Lending, Inc., its successors and assigns, as named Benefi ciary, dated October 26, 2009, recorded November 3, 2009, in the mortgage records of Marion County, Oregon, in Book 3119, at Page 161, Nationstar Mortgage LLC d/b/a Mr. Cooper is the present Benefi ciary as defi ned by ORS 86.705(2), as covering the following described real property: as covering the following described real property: LOT 1, BLOCK 1, AILANTHUS ACRES, COUNTY OF MARION AND STATE OF OREGON. COMMONLY KNOWN AS: 1073 46th Place SE, Salem, OR 97317. Both the benefi ciary and the trustee have elected to sell the said real property to satisfy the obligations secured by said trust deed and a notice of default has been recorded pursuant to Oregon Revised Statutes 86.735(3); the default for which the foreclosure is made is grantor’s failure to pay when due the following sums: Monthly payments in the sum of $1,018.95, from November 1, 2018 and monthly payments in the sum of $1,164.96, from February 1, 2019, plus prior accrued late charges in the amount of $122.28, plus the sum of $115.00 for advances, together with all costs, disbursements, and/ or fees incurred or paid by the benefi ciary and/or trustee, their employees, agents or assigns. By reason of said default the benefi ciary has declared all sums owing on the obligation that the trust deed secures immediately due and payable, said sum being the following, to-wit: $153,073.25, together with accrued interest in the sum of $3,699.28 through May 23, 2019, together with interest thereon at the rate of 3.625% per annum from May 24, 2019, plus prior accrued late charges in the amount of $122.28, plus the sum of $2,560.46 for advances, together with all costs, disbursements, and/ or fees incurred or paid by the benefi ciary and/or trustee, their employees, agents or assigns. WHEREFORE, notice hereby is given that the undersigned trustee will on October 9, 2019, at the hour of 9:00 AM PT, in accord with the standard time established by ORS 187.110, at the main entrance of the Marion County Courthouse, located at 100 High Street, N.E., in the City of Salem, OR, County of Marion, State of Oregon, sell at public auction to the highest bidder for cash the interest in the said described real property which the grantor has or had power to convey at the time of the execution of said trust deed, together with any interest which the grantor or his successors in interest acquired after the execution of said trust deed, to satisfy the foregoing obligations thereby secured and the costs and expenses of sale, including a reasonable charge by the trustee. Notice is further given to any person named in ORS 86.778 that the right exists, 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 paying to the benefi ciary of the entire amount 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 obligations 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. Notice is further given that reinstatement or payoff quotes requested pursuant to ORS 86.786 and ORS 86.789 must be timely communicated in a written request that complies with that statute, addressed to the trustee’s “Reinstatements/ Payoffs – ORS 86.786” either by personal delivery or by fi rst class, certifi ed mail, return receipt requested, to the trustee’s address shown below. 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. Lender bid information is also available at the trustee’s website, www. shapiroattorneys.com/wa. In construing this notice, 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 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. Also, please be advised that pursuant to the terms stated on the Deed of Trust and Note, the benefi ciary is allowed to conduct property inspections while property is in default. This shall serve as notice that the benefi ciary shall be conducting property inspections on the said referenced property. 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. The Fair Debt Collection Practice Act requires that we state the following: This is an attempt to collect a debt, and any information obtained will be used for that purpose. If a discharge has been obtained by any party through bankruptcy proceedings: This shall not be construed to be an attempt to collect the outstanding indebtedness or hold you personally liable for the debt. Dated: 6-5-2019 SHAPIRO & SUTHERLAND, LLC, Successor Trustee 1499 SE Tech Center Place, Suite 255, Vancouver, WA 98683 www.shapiroattorneys.com/ wa, Telephone: (360)260- 2253, Toll-free: 1-800-970- 5647, S&S 19-124793 6/28, 7/5, 7/12, 7/19 NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION (Probate Department) Case No: 19PB04676 NOTICE TO INTERESTED PERSONS In the Matter of the Estate of JOYCE L. CARTER, Deceased. NOTICE IS HEREBY GIVEN that Candace A. Haley has been appointed personal representative. All persons having claims against the estate are required to present them, with vouchers attached, to the Decedent’s Personal Representative’s attorney, Jarrod F. Howard, Howard Law Group, LLC, at 1114 12th Street SE, Salem, OR 97302, 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, Jarrod F. Howard, 1114 12th Street SE, Salem, Oregon 97302. Dated and fi rst published on June 28, 2019. /s/ Jarrod F. Howard, OSB No. 093888 Attorney for Personal Representative 6/28, 7/5, 7/12 NOTICE OF SHERIFF'S SALE On 30th day of July, 2019, at 10:00 AM, at the main entrance of the Marion Co. Courthouse, in Salem, OR, I will sell the following real property: 540 Railroad Avenue, Mt Angel, in the case of SPECIALIZED LOAN SERVICING LLC, Plaintiff, vs. RONALD L. SPERRY III ESQ., IN HIS CAPACITY AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF DONALD FREE, CITY OF MOUNT ANGEL, A GOVERNMENT ENTITY, ALL OTHER PERSONS, PARTIES, OR OCCUPANTS UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE REAL PROPERTY DESCRIBED IN THE COMPLAINT HEREIN, ADVERSE TO PLAINTIFF’S TITLE, OR ANY CLOUD ON PLAINTIFF’S TITLE TO THE PROPERTY, Defendant(s). For more information go to http:// oregonsheriffssales.org 6/28, 7/5, 7/12, 7/19 NOTICE OF SHERIFF'S SALE On 30th day of July, 2019, at 10:00 AM, at the main entrance of the Marion Co. Courthouse, in Salem, OR, I will sell the following real property: 2732 Vasser Street, Woodburn, in the case of WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR BROUGHAM FUND 1 TRUST, Plaintiff, vs. JOHN J. LOFTIN, AN INDIVIDUAL, MIKI LOFTIN, AN INDIVIDUAL, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC., HYPERION CAPITAL GROUP, LLC, A LIMITED LIABILITY COMPANY, ALL OTHER UNKNOWN PARTIES CLAIMING ANY RIGHT, TITLE, LIEN OR INTEREST IN THE REAL PROPERTY COMMONLY KNOWN AS 2732 VASSER STREET, WOODBURN, OR 97071, Defendant(s). For more information go to http:// oregonsheriffssales.org 6/28, 7/5, 7/12, 7/19 NOTICE OF SHERIFF'S SALE On 30th day of July, 2019, at 10:00 AM, at the main entrance of the Marion Co. Courthouse, in Salem, OR, I will sell the following real property: 5386 Burbank Street N, Keizer, in the case of BANK OF AMERICA, N.A., Plaintiff, vs. NICHOLAS BIELENBERG, AN INDIVIDUAL, PORTFOLIO RECOVERY ASSOCIATES, A LIMITED LIABILITY COMPANY, ALL OTHER PERSONS, PARTIES, OR OCCUPANTS UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE REAL PROPERTY DESCRIBED IN THE COMPLAINT HEREIN, ADVERSE TO PLAINTIFF’S TITLE, OR ANY CLOUD ON PLAINTIFF’S TITLE TO THE PROPERTY, Defendant(s). For more information go to http://oregonsheriffssales. org 6/28, 7/5, 7/12, 7/19