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About Keizertimes. (Salem, Or.) 1979-current | View Entire Issue (May 15, 2020)
PAGE A8, KEIZERTIMES, MAY 15, 2020 public notices TRUSTEE’S NOTICE TRUSTEE’S NOTICE OF SALE THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Relating to the following: TRUST DEED: DATED: August 8, 2008 AMONG: Grantor: Brian P. Mullins Trustee: First American Title Co., which was replaced by a Successor Trustee, Mark B. Comstock, Attorney at Law Benefi ciary: Bob & Mary LLC PROPERTY DESCRIPTION COVERED BY TRUST DEED: Commonly known as: 4173 Dwight Drive S., Salem OR 97302 Legally described as: Lot 19, Block 6, Sunnyslope Acres in the City of Salem, Marion County, and State of Oregon (Plat Volume 17, Page 36). RECORDED: Reel: 2983, Page: 327 Date: August 11, 2008 Mortgage Records of Marion County, Oregon. ELECTION TO SELL: Both the Benefi ciary and the Trustee have elected to sell the above-described property to satisfy the obligations secured by the Trust Deed. DEFAULT: The default for which the foreclosure is made is Grantor’s failure to pay when due sums owing on the obligations secured by the Trust Deed as follows: Obligation: Date: Amount: Past due installments 02/06/2014 – 11/01/2019 $126,849.82 Advances for taxes 03/30/2017 $10,545.81 Advances for insurance 09/02/2019 $715.00 Interest per day from 02/16/2014 – 11/15/2019 $49,631.18 Total payments due 11/15/2019 $187,741.81 If the default is cured, there will be additional interest charged on advances as of date of cure. BALANCE DUE: By reason of said default the benefi ciary has declared the entire unpaid balance of all obligations secured by said Deed of Trust together with the interest thereon, immediately due, owing and payable: Description: Date: Amount: Unpaid principal balance 2/16/2014 155,348.26 Accrued interest to 11/15/2019 $49,631.18 Advances for taxes 03/30/2017 $10,545.81 Advances for insurances 09/02/2019 $715.00 Interest per day on loan principal 11/15/2019 $25.45 Total balance due 11/15/2019 $217,240.25, plus interest. INFORMATION: The Notice of Default and Election to Sell was recorded on the 15th day of November, 2019, in Reel: 4267 Page No: 53 in the Mortgage Records of Marion County, Oregon. POSTPONEMENT OF SALE: The sale of the property was originally noticed and scheduled for the 15th day of April, 2020 at 10:00 am, at the main entrance to the Marion County Courthouse in Salem, Oregon. On April 1, 2020, Oregon Governor Kate Brown issued Executive Order 20-13, which among other things, placed a temporary moratorium on residential and non-residential evictions, including any action, judicial or otherwise, relating to residential evictions, including, without limitation, fi ling, serving delivering or action on any notice, order or writ of termination or the equivalent; or otherwise interfering in any way with such tenant’s right to possession of the tenant’s dwelling unit, for a period of 90 days. The residential property subject to this notice is occupied by a tenant of the Grantor. The sale scheduled for April 15, 2020, was orally postponed by the Trustee at the site of the noticed and scheduled sale on April 15, 2020, to July 21, 2020 at the same location. SALE: Notice is hereby given that the undersigned Trustee will, on the 21st day of July, 2020 at the hour of 10:00 a.m. at the main entrance to the Marion County Courthouse in Salem, Oregon, sell at public auction to the highest bidder for cash, the interest in said described real property which the Grantor had or had power to convey at the time of the execution by him of the above described Deed of Trust together with any interest which the Grantor or his successor in interest acquired after the execution of said Deed of Trust to satisfy the foregoing obligations and the costs and expenses of sale, including a reasonable charge for the Trustee’s fee and attorney’s fees. REINSTATEMENT AND DISMISSAL: Pursuant to ORS 86.753 Grantor or any person named in ORS 86.753 has the right to have this proceeding dismissed and the Trust Deed reinstated by payment of the entire amount then due, other than such portion of principal as would not then be due had no default occurred, together with costs, Trustee’s fees and attorney’s fees, and by curing any other default complained of in the Notice of Default at any time prior to fi ve days before the date last set for such sale. DATED: May 6, 2020 s/ Mark B. Comstock Mark B. Comstock - Successor Trustee COMSTOCK LAW & CONSULTING P.C. Attorneys for Trustee p.o. Box 3136 Salem, Oregon 97302-0136 5/15, 5/22, 5/29, 6/5 NOTICE TO INTERESTED PERSONS PUBLISHED SUMMONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION Case No.: 20PB03074 NOTICE TO INTERESTED PERSONS In the Matter of the Estate of: ROBERT TINDALL, Deceased. NOTICE IS HEREBY GIVEN that Carol Lewis has been appointed personal representative of the estate of Robert Tindall. All persons having claims against the estate are required to present them, with vouchers attached, to the undersigned personal representative at: David L. Carlson, P.C. PO Box 13066 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, David L. Carlson, P.C. PO Box 13066 Salem, Oregon 97309. Dated and fi rst published: May 15, 2020. 5/15, 5/22, 5/29 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION No. 20CV12266 PUBLISHED SUMMONS In the Matter of the Estate of DOROTHY W. BARNES, Plaintiff, vs. EUGENE ARNOLD, an individual, Defendant. To: Eugene Arnold, defendant in the Complaint fi led in the above-captioned matter. IN THE NAME OF THE STATE OF OREGON, you are hereby required to appear and defend the complaint fi led against you in the above- entitled court on or before the expiration of 30 days from the date of the fi rst publication of this summons; if you fail to so appear and answer, Plaintiff will apply to the above- entitled court for the relief prayed for in the Complaint, to wit: For the summary statement of the complaint, for Plaintiff’s fi rst claim for relief for abandonment, that any equitable interest Defendant Eugene Arnold had in the following described real property under the land sale contract described in the complaint is extinguished, and in the alternative, under Plaintiff’s second claim for relief for strict foreclosure, a judgment strictly foreclosing the contract and any interest defendant had in the property, because of the defaults described in the complaint. The subject property is: Lots 1 and 2, Block 1, PRATT’S ADDITION, in the City of Salem, Marion County, Oregon. More particularly, Plaintiffs pray for a judgment: 1. For Plaintiff’s fi rst claim for relief for abandonment, that any equitable interest Defendant had in the property under the land sale contract is extinguished, and that Plaintiff is placed in the same position that Plaintiff was in prior to the contract, and that Plaintiff has all right, title, and interest in the property. In the alternative, under Plaintiff’s second claim for relief for strict foreclosure, Plaintiff prays for a judgment as follows: 2. In the alternative, under Plaintiff’s second claim for relief for strict foreclosure, a judgment strictly foreclosing the contract, requiring Defendant to pay the Clerk of the Court the amount due under the contract of not less than $5,000.00, with the exact amount to be determined at trial, together with Plaintiff’s cost of foreclosure guarantee in the amount of $1,250.00, a title company records report in the amount of $25.00, and mailing costs of $42.40, together with any costs and fees allowed herein, requiring Defendant to pay and satisfy all unpaid, delinquent real property taxes owed to Marion County on the Property in an amount of not less than $38,268.93, with interest accruing, and redeem the Property from Marion County tax foreclosure, and provide proof of payment and satisfaction thereof to the Clerk, to correct the substantial waste, damage, repairs, and deterioration to the Property as described in the Correction and Compliance Notices from the City of Salem, so that the Property is no longer subject to substantial fi nes and sanctions by the City of Salem, clean up the substantial amounts of rubbish and debris from the Property, removes the noxious vegetation and weeds from the property, and remove all liens Defendant consented to or allowed against the Property, within ten (10) days from the date of Judgment, or within such other time as the Court may affi x for such payments and corrective action. 3. If under Plaintiff’s alternative, second claim for relief for strict foreclosure, Defendant pays these sums to the Clerk of the Court, pays all delinquent and unpaid real property taxes to Marion County, redeems the Property from tax foreclosure, corrects the substantial waste, damage, repairs, and deterioration to the Property as described in the Correction and Compliance Notices from the City of Salem, so that the Property is no longer derelict and a nuisance, and no longer subject to substantial fi nes and sanctions by the City of Salem, clean up the substantial amounts of rubbish and debris from the Property, remove the overgrown noxious vegetation and weeds from the property, and remove all liens Defendant consented to or allowed against the Property, within ten (10) days from the date of Judgment, or within such other time as the Court may affi x for such payments and corrective action, requiring Plaintiff to deliver deed to the property to Defendant. 4. If under Plaintiff’s alternative, second claim for relief for strict foreclosure, Defendant fails to pay these sums to the Clerk of the Court within ten (10) days, or within such other time as the Court may affi x for such payment, fails to pay all delinquent and unpaid real property taxes to Marion County, redeem the Property from tax foreclosure, and correct the other defaults described herein, ordering the Defendant to be forever foreclosed of all interest in the property and all sums previously paid on the contract; that Plaintiff be put into immediate and exclusive possession of the property; and that a writ of assistance be issued by the Court Clerk assisting Plaintiff to gain possession of the property. 5. That Plaintiff have such other relief as the Court deems equitable. This summons is published by the order of the above- entitled court made and entered on the 5th day of May, 2020, directing publication of this summons once each week for four consecutive weeks in a newspaper of general circulation in Marion County, Oregon. Date of fi rst publication: May 15, 2020. NOTICE TO THE 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” must be given to the court clerk or administrator within 30 days from the date of the 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 upon the Plaintiff. If you have any 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. If you have questions, you should see an attorney immediately. DATED this 15th day of May, 2020. JARROD F. HOWARD, OSB #093888 1114 - 12th Street SE Salem, OR 97302 (503) 363-9264 5/15, 5/22, 5/29, 6/5 NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION Probate Department Case No. 20PB02953 NOTICE TO INTERESTED PERSONS In the Matter of the Estate of: TOBY JOYCE BODKIN, Deceased. NOTICE IS HEREBY GIVEN that William S. Howard Jr. has been appointed personal representative. All persons having claims against the estate are required to present them, with vouchers attached, to the undersigned personal representative, c/o James M. Hanson Jr., Attorney at Law, 494 State Street, Suite 300H, Salem, OR 97301, 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, James M. Hanson Jr. Dated and fi rst published May 15, 2020. James M. Hanson Jr. Attorney for Personal Representative 494 State St., Ste 300H Salem, OR 97301 (503) 580-7045 5/15, 5/22, 5/29 NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MARION Probate Department Case No.: 20 PB 02541 NOTICE TO INTERESTED PERSONS In the Matter of the Estate of Clyde Daniel Frazier, Deceased NOTICE IS HEREBY GIVEN that Michael W. Clayton has been duly appointed as personal representative. All persons having claims against the estate are required to present them to the undersigned attorney for the Personal Representative at 530 Center Street NE, Suite 730, Salem, OR 97301, 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 crossword representative. Dated and fi rst published on May 15, 2020. Michael W. Clayton Personal Representative 10035 West Argent Road Pasco, WA 99301 Maria C. Schmidlkofer, OSB No. 075169 Schwabe, Williamson, & Wyatt, PC Attorneys for the Personal Representative 530 Center Street NE, Suite 730 Salem, OR 97301 Published: 5/15, 5/22, 5/29 5/15, 5/22, 5/29 NOTICE TO INTERESTED PERSONS Circuit Court of the State of Oregon Marion County Estate of Bryan C. Leif Case No. 20PB01035 NOTICE TO INTERESTED PARTIES NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal representative of the Estate of Bryan C. Leif, Marion County Circuit Court Case No. 20PB01035. All persons having claims against the estate are required to present them, with vouchers attached, to the undersigned personal representative at P.O. Box 442, Lake Oswego, Oregon 97034, 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 and fi rst published: May 1, 2020. Michelle F. Comprix Personal Representative Law Offi ce of Julia Rice Attorney for Personal Representative P.O. Box 442 Lake Oswego, OR 97034 Phone: (503) 726-5990 5/1, 5/8, 5/15