The daily Astorian. (Astoria, Or.) 1961-current, July 16, 2019, Page B8, Image 16

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    B8
THE ASTORIAN • TUESDAY, JULY 16, 2019
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101 Legal Notices
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101 Legal Notices
On Tuesday, August 6, 2019 at 7:00 p.m. a public hearing will be held by the Seaside Planning Com-
mission at Seaside City Hall, 989 Broadway, to take testimony regarding the following item:
19-044VRD: A conditional use request by Brian & Misti Dowling for a three (3) bedroom Vacation
Rental Dwelling (VRD) permit with a maximum occupancy of not more than nine (9) people over the
age of three, no more than 10 regardless of age. The property is located at 441 15th Ave (T6-R10-
S16DA-TL3000) and it is zoned Medium Density Residential (R2).
The review will be conducted in accordance with Article 6 and Article 10 of the Seaside Zoning Ordi-
nance which establishes the review criteria and procedures for a Conditional Use. The specific review
criterion for Vacation Rental Dwellings is included in Section 6.137 of the Ordinance.
19-051CU: A conditional use request by the City of Seaside that will allow the development of a
neighborhood park within an undeveloped right of way located east of the intersection of Huckle-
berry Drive and Cooper Drive. The right of way is 20’ wide and 125’ in length. It is located between
two currently vacant lots referenced as T6-R10-S22DC-TL210 & TL300 (Situs Address 1980 & 2064
respectively), and the area has the potential to be utilized as an emergency access point with minor
improvements. The property is currently zoned Medium Density Residential (R-2) and development of
the neighborhood park is being supported by the Seaside Parks Advisory Committee.
The review will be conducted in accordance with Article 6 and Article 10 of the Seaside Zoning Ordi-
nance that establishes the review criteria and procedures applicable to the requests.
A copy of the application, applicable criteria, documents, and evidence relied upon by the applicant
are available for review at no charge. Likewise, a staff report will be available for inspection 7 days
prior to the hearing. These materials can be reviewed at the Community Development Department,
1387 Avenue U in Seaside. Copies of these materials will be provided at a reasonable cost.
All interested persons are invited to attend the meetings and submit oral testimony in favor or in oppo-
sition to the request. During the hearing, individuals that wish to offer testimony will be called to a mi-
crophone by the Chairman of the Planning Commission and asked to state their name and address for
the record before they testify. Written testimony is also welcome and will be submitted to the Planning
Commission at the time of the hearing. Comments may be delivered to the Community Development
Department located at 1387 Avenue U or mailed to 989 Broadway, Seaside, Oregon 97138. A copy of
the application, applicable criteria, documents, and evidence relied upon by the applicant are available
for review at no charge. Likewise, a staff report will be available for inspection 7 days prior to the hear-
ing. These materials can be reviewed at the Community Development Department. Copies of these
materials will be provided at a reasonable cost.
Failure to raise an issue at the meeting, in person, or in writing, or failure to provide sufficient details
to afford the Planning Commission and the applicant an opportunity to respond to the issue may pre-
clude appeal to the Land Use Board of Appeals on that issue. For more information, contact Seaside
Planning Director, Kevin Cupples at (503) 738-7100.
Published: July 16th, 2019.
101 Legal Notices
101 Legal Notices
AB7337
TRUSTEE’S NOTICE OF SALE TS No.: 081108-OR Loan No.: ******0014 Reference is made to that
certain trust deed (the “Deed of Trust”) executed by CHERYL STRIMPLE, AN ESTATE IN FEE SIM-
PLE, as Grantor, to NOT SET OUT, as Trustee, in favor of WELLS FARGO FINANCIAL BANK, as Ben-
eficiary, dated 7/18/2008, recorded 8/1/2008, as Instrument No. 200807254, and later modified by a
loan modification agreement recorded as Instrument No.: 201010875 on 12/21/2010 in the Official Re-
cords of Clatsop County, Oregon, which covers the following described real property situated in Clat-
sop County, Oregon: LOTS 2 AND 3, BLOCK 12, HILL’S SECOND ADDITION TO OCEAN GROVE, IN
THE CITY OF SEASIDE, COUNTY OF CLATSOP, STATE OF OREGON. EXCEPTING THEREFROM
THAT PORTION IN DEED RECORDED FEBRUARY 7, 2001 AS INSTRUMENT NO. 200101201 CLAT-
SOP COUNTY RECORDS. APN: 13284 // 61022BC12600 & 51131 // 61022BC12500 Commonly
known as: 1061 AVE F SEASIDE, OR 97138 The current beneficiary is: Wells Fargo Bank, N.A. Both
the beneficiary and the trustee have elected to sell the above-described real property to satisfy the ob-
ligations secured by the Deed of Trust and notice has been recorded pursuant to ORS 86.752(3). The
default for which the foreclosure is made is the grantor’s failure to pay when due, the following sums:
Delinquent Payments:
Dates:
Total:
08/01/2018 – 06/01/2019
$481.80
Late Charges:
$0.00
Beneficiary Advances:
$0.00
Total Required to Reinstate:
$481.80
TOTAL REQUIRED TO PAYOFF:
$12,566.05
By reason of the default, the beneficiary has declared all obligations secured by the Deed of Trust im-
mediately due and payable, including: the principal sum of $11,611.05 together with interest thereon at
the rate of 1 % per annum, from 7/1/2018 until paid, plus all accrued late charges, and all trustee’s fees,
foreclosure costs, and any sums advanced by the beneficiary pursuant to the terms and conditions
of the Deed of Trust Whereof, notice hereby is given that the undersigned trustee, CLEAR RECON
CORP, whose address is 111 SW Columbia Street #950, Portland, OR 97201, will on 10/22/2019, at
the hour of 11:00 AM, standard time, as established by ORS 187.110, AT THE FRONT ENTRANCE
TO THE CLATSOP COUNTY COURTHOUSE, 749 COMMERCIAL ST., ASTORIA, OR 97103, sell at
public auction to the highest bidder in the form of cash equivalent (certified funds or cashier’s check)
the interest in the above-described real property which the grantor had or had power to convey at the
time it executed the Deed of Trust, together with any interest which the grantor or his successors in
interest acquired after the execution of the Deed of Trust, 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 that any person named in ORS 86.778 has the right to have the foreclosure proceeding
dismissed and the Deed of Trust reinstated by payment to the beneficiary of the entire amount then
due (other than the portion of principal that would not then be due had no default occurred), together
with the costs, trustee’s and attorneys’ fees, and curing any other default complained of in the Notice
of Default by tendering the performance required under the Deed of Trust at any time not later than five
days before the date last set for sale. 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, the masculine gender includes the feminine and the neuter, the singular includes plural, the
word “grantor” includes any successor in interest to the grantor as well as any other persons owing an
obligation, the performance of which is secured by the Deed of Trust, the words “trustee” and ‘ben-
eficiary” include their respective successors in interest, if any.
Dated: 6/10/2019 CLEAR RECON
CORP 111 SW Columbia Street #950 Portland, OR 97201 Phone: 858-750-7600 866-931-0036 Shella
Domilos, Authorized Signatory of Trustee
Published: July 2nd, 9th, 16th, and 23rd, 2019.
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AB7318
TRUSTEE’S NOTICE OF SALE TS No.: 081988-OR  Loan No.: ******231F Reference is made to
that certain trust deed (the “Deed of Trust”) executed by ROSA M URTIZ GONZALEZ AND JOSE G
MENDEZ MORALES, HUSBAND AND WIFE AND BRENDA ISAURA ROUTH AND JOEL BENNETT
ROUTH, WIFE AND HUSBAND, as Grantor, to CLEAR RECON CORP, as Trustee, in favor of MORT-
GAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (“MERS”), AS DESIGNATED NOMINEE FOR
GUILD MORTGAGE COMPANY, A CALIFORNIA CORPORATION, BENEFICIARY OF THE SECU-
RITY INSTRUMENT, ITS SUCCESSORS AND ASSIGNS, as Beneficiary, dated 5/3/2018, recorded
5/4/2018, as Instrument No. 201803400, in the Official Records of Clatsop County, Oregon, which
covers the following described real property situated in Clatsop County, Oregon: LOT 18, ALLEN
PARK, IN THE CITY OF SEASIDE, RECORDED FEBRUARY 25, 1981 IN BOOK 12 OF PLATS, PAGE
36, CLATSOP COUNTY, OREGON. APN: 13399 // 61022CA00300 Commonly known as: 1139 A
AND B S WAHANNA RD SEASIDE, OR 97138 The current beneficiary is: GUILD MORTGAGE COM-
PANY, A CALIFORNIA CORPORATION Both the beneficiary and the trustee have elected to sell the
above-described real property to satisfy the obligations secured by the Deed of Trust and notice has
been recorded pursuant to ORS 86.752(3). The default for which the foreclosure is made is the grant-
or’s failure to pay when due, the following sums:
Delinquent Payments:
Dates:
No.
Amount
Total:
01/01/19 thru 05/01/19
5
$2,028.16
$10,140.80
Late Charges:
$297.85
Beneficiary Advances:
$0.00
Total Required to Reinstate:
$10,438.65
TOTAL REQUIRED TO PAYOFF:
$295,292.78
By reason of the default, the beneficiary has declared all obligations secured by the Deed of Trust
immediately due and payable, including: the principal sum of $287,015.62 together with interest there-
on at the rate of 4.625 % per annum, from 12/1/2018 until paid, plus all accrued late charges, and all
trustee’s fees, foreclosure costs, and any sums advanced by the beneficiary pursuant to the terms
and conditions of the Deed of Trust
Whereof, notice hereby is given that the undersigned trustee,
CLEAR RECON CORP, whose address is 111 SW Columbia Street #950, Portland, OR 97201, will
on 10/11/2019, at the hour of 11:00 AM, standard time, as established by ORS 187.110, At the front
entrance to the Courthouse, 749 Commercial Street, Astoria, OR 97103, sell at public auction to the
highest bidder in the form of cash equivalent (certified funds or cashier’s check) the interest in the
above-described real property which the grantor had or had power to convey at the time it executed
the Deed of Trust, together with any interest which the grantor or his successors in interest acquired
after the execution of the Deed of Trust, 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 that
any person named in ORS 86.778 has the right to have the foreclosure proceeding dismissed and
the Deed of Trust reinstated by payment to the beneficiary of the entire amount then due (other than
the portion of principal that would not then be due had no default occurred), together with the costs,
trustee’s and attorneys’ fees, and curing any other default complained of in the Notice of Default by
tendering the performance required under the Deed of Trust at any time not later than five days before
the date last set for sale. 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,
the masculine gender includes the feminine and the neuter, the singular includes plural, the word
“grantor” includes any successor in interest to the grantor as well as any other persons owing an obli-
gation, the performance of which is secured by the Deed of Trust, the words “trustee” and ‘beneficiary”
include their respective successors in interest, if any. Dated: 5/29/2019 CLEAR RECON CORP 111
SW Columbia Street #950 Portland, OR 97201 Phone: 858-750-7600 866-931-0036 Shella Domilos,
Authorized Signatory of Trustee
Published: July 9, 16, 23, and 30, 2019.
bigbys tree service.com
AB7383
Notice of Planning
Commission Public Hearing
101 Legal Notices
101 Legal Notices
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AB7352
TRUSTEE’S NOTICE OF SALE
PLEASE TAKE NOTICE that the foregoing instrument shall constitute notice, pursuant to ORS 86.764,
that the Grantor of the Trust Deed described below has defaulted on its obligations to beneficiary, and
that the Beneficiary and Successor Trustee under the Trust Deed have elected to sell the property se-
cured by the Trust Deed: DEED OF TRUST AND PROPERTY DESCRIPTION: This instrument makes
reference to that certain that certain Deed of Trust, Assignment of Leases and Rents and Security
Agreement dated November 2, 2015, and recorded November 3, 2015, as Instrument No. Instrument
No. 201509041, in the Official Records of Clatsop County, Oregon wherein SHILO INN, WARREN-
TON, LLC, an Oregon limited liability company, is the Grantor, TICOR TITLE COMPANY is the orig-
inal Trustee, and NATIXIS REAL ESTATE CAPITAL LLC, a Delaware limited liability company, is the
original Beneficiary, as assigned to WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE
FOR THE BENEFIT OF THE REGISTERED HOLDERS OF WELLS FARGO COMMERCIAL MORT-
GAGE TRUST 2016-NXS5, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES
2016-NXS5, by that certain Assignment of Deed of Trust, Assignment of Leases and Rents and Securi-
ty Agreement dated effective as of February 26, 2016, and recorded March 11, 2016, as Instrument No.
201601838, in the Official Records of Clatsop County, State of Oregon, as assigned to the Beneficiary,
RSS WFCM2016NXS5-OR SIW, LLC, an Oregon limited liability company, by that certain Assignment
of Deed of Trust, Assignment of Leases and Rents and Security Agreement dated effective as of
February 28, 2019, and recorded March 7, 2019, as Instrument No. 201901414 in the Official Records
of Clatsop County, State of Oregon (the “Deed of Trust”). The aforementioned Deed of Trust covers
property (the “Property”) described as: Beginning at the Northwest corner of Block 2, MERIWETHER
DOWNS ADDITION TO ASTORIA, in the County of Clatsop, State of Oregon; thence East along the
North boundary of said Block 2 a distance of 193 feet; thence South and parallel with the West bound-
ary of said Block 2 a distance of 260.14 feet to the South boundary of said Block 2; thence West 193
feet to the Southwest corner of said Block 2; thence North 260.14 feet to the point of beginning. TO-
GETHER WITH a non-exclusive easement for ingress and egress over Grantors’ remaining property
consisting of the remainder of Block 2, Meriwether Downs Addition to Astoria, Blocks 1 through 18,
County of Clatsop, State of Oregon. ALSO TOGETHER WITH a perpetual non-exclusive easement
for parking described as follows: Beginning at a point on the North boundary of Block 2, Meriwether
Downs Addition to Astoria, Blocks 1 through 18, County of Clatsop, State of Oregon; said point of be-
ginning bears East 193 feet from the Northwest corner of said Block 2; thence South and parallel with
the West boundary of said Block 2 a distance of 260.14 feet to the South boundary of Block 2; thence
East along said South boundary 100 feet; thence North 147 feet; thence West 36 feet; thence North
113.14 feet to the North boundary of said Block 2; thence West along said North boundary 64 feet to
the point of beginning. ALSO TOGETHER WITH the benefits of that agreement captioned Reciprocal
Easement and Agreement dated November 9, 1988 between A. J. Gerard, Kirk A. Fausett, Linda
Fausett, James Whitney, and Elsie M. Whitney, recorded November 27, 1989 in Book 728, page 67,
Clatsop County Records. The undersigned hereby certifies that he has no knowledge of any assign-
ments of the Deed of Trust by the Trustee or by the Beneficiary or any appointments of a Successor
Trustee other than the appointment of DAVID W. CRISWELL, ESQ., as Successor Trustee as recorded
in the property records of the county in which the Property described above is situated. Further, the
undersigned certifies that no action has been instituted to recover the debt, or any part thereof, now
remaining secured by the Deed of Trust. Or, if such action has been instituted, it has been dismissed
except as permitted by ORS 86.752(7). The name and address of the Successor Trustee are as fol-
lows: David W. Criswell, Successor Trustee, Lane Powell PC, 601 SW Second Avenue, Suite 2100
Portland, OR 97204. The Deed of Trust is not a “Residential Trust Deed”, as defined in ORS 86.705(6),
thus the requirements of Chapter 304 [S.B. 558], Oregon Laws 2013, Chapter 112 [S.B. 1552], Sec-
tion 4a, Oregon Laws 2012, and ORS 86.771(10) do not apply. DEFAULT BY GRANTOR: There are
continuing and uncured defaults by Shilo Inn, Warrenton, LLC (the “Grantor”) that, based on the pro-
visions of the Deed of Trust and the loan documents executed in favor of RSS WFCM2016NXS5-OR
SIW, LLC, an Oregon limited liability company (“Beneficiary”), for Loan No. 30-5550048, including the
promissory note dated and effective as of November 2, 2015 (“Note”), authorize the foreclosure of the
Deed of Trust and the sale of the Property described above, which uncured and continuing defaults
include but are not necessarily limited to the following: 1. Grantor’s failure to pay to Beneficiary, when
and in the full amounts due, monthly installments as set forth on the Note secured by said Deed of
Trust. Monthly installments in the amount of $30,102.30 include principal and interest. The Grantor
failed to make payments on this loan due on September 5, 2018 and for each month thereafter through
and including March 4, 2019. Late charges, property protection advances and other charges through
February 26, 2019, total $30,781.18. Interest due as of (i.e., through and including) March 4, 2019, is
in the amount of $269,954.67 (including Note interest from August 5, 2018 through March 4, 2019 of
$157,589.14 and default interest from September 5, 2018 through March 4, 2019, at 5.0% per annum
compounded monthly, of $112,365.53). Note Interest per diem is $743.345 and default interest per
diem is $627.5008. ALL AMOUNTS are now due and payable along with all costs and fees associ-
ated with this foreclosure. 2. Additional defaults include Grantor’s: (i) late payment and failure to pay
transient room taxes due to the City of Warrenton for July 2018 to January 2019 in the amount of
$86,902.47 (with late payment penalties and interest the amount now due is $134,132.47); (ii) allowing
City of Warrenton liens for unpaid utilities to attach to the property in the amounts of $460.58 and
$3,559.45; and (iii) allowing an Oregon Department of Revenue lien for unpaid 2017 state lodging tax-
es to attach to the property in the amount of $14,121.74. TOTAL UNCURED MONETARY (PAYMENT)
DEFAULT: By reason of said uncured and continuing defaults, the Beneficiary has accelerated and
declared all sums owing on the obligation secured by the Deed of Trust and the Property immediately
due and payable. The sums due and payable being the following: Unpaid principal amount due and
owing under the Note as of March 4, 2019/ $4,423,209.90; Unpaid Interest Rate interest owing under
the Note as of March 4, 2019/ $157,589.14; Unpaid Default Rate interest owing under the Note as of
March 4, 2019/ $112,365.53; Late charges and property protection advance to February 26, 2019/
$30,781.18; Special Servicing Fees/ $11,083.33; Liquidation Fees/ $55,185.57; Payoff processing fee/
$1,500.00; Subtotal $4,791,714.65; Less: escrowed reserves and suspense balance held at Wells Far-
go $151,809.57; TOTAL DUE: $4,639,905.08. Accordingly, the sum owing on the obligation secured by
the Deed of Trust is $4,639,905.08 as of March 4, 2019, together with interest accruing on the principal
portion of that amount, plus additional costs and expenses incurred by Beneficiary and/or the Suc-
cessor Trustee (including their respective attorney’s fees, costs, and expenses). ELECTION TO SELL:
Notice is hereby given that the Beneficiary, by reason of the uncured and continuing defaults described
above, has elected and does hereby elect to foreclose said Deed of Trust by advertisement and sale
pursuant to ORS 86.752 et seq., and to cause to be sold at public auction to the highest bidder for
cash, the Grantor’s interest in the subject Property, which the Grantor had, or had the power to convey,
at the time the Grantor executed the Deed of Trust in favor of the Beneficiary, along with any interest
the Grantor or the Grantor’s successors in interest acquired after the execution of the Deed of Trust, to
satisfy the obligations secured by the Deed of Trust as well as the expenses of the sale, including com-
pensation of the Trustee as provided by law, and the reasonable fees of Trustee’s attorneys. PLEASE
TAKE NOTICE that the sale will be held at the hour of 11:00 a.m., in accordance with the standard of
time established by ORS 187.110, on September 11, 2019, on the front steps of the main entrance to the
Clatsop County Courthouse, at 743 Commercial Street, Astoria, OR 97103. RIGHT OF REINSTATE-
MENT: Notice is further given that any person named in ORS 86.778 has the right, at any time prior to
five (5) days before the date last set for the sale, to have this foreclosure proceeding dismissed and the
Deed of Trust satisfied by (A) payment to the Beneficiary of the entire amount then due, other than such
portion of the principal as would not then be due had no default occurred, together with the costs and
expenses actually incurred in enforcing the terms of the obligation, as well as Successor Trustee and
attorney fees as prescribed by ORS 86.778); and (B) by curing all such other continuing and uncured
defaults as noted in this Notice. NOTICE REQUIRED UNDER ORS 86.771(9): Without limiting the
Successor Trustee’s disclaimer of representations or warranties, Oregon law requires the Successor
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 decid-
ing to place a bid for this property at the trustee’s sale. DATED: April 17, 2019. By: David W. Criswell,
OSB 925930, Successor Trustee, Lane Powell PC, 601 SW Second Avenue, Suite 2100, Portland, OR
97204. Telephone: (503) 778-2100. Facsimile: (503) 778-2200. Email: CriswellD@LanePowell.com.
Published: July, 16th, 23rd, 30th, and August 6th, 2019.
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