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About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Feb. 6, 2021)
B7 THE ASTORIAN • SATURDAY, FEBRUARY 6, 2021 101 Legal Notices AB8050 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF CLATSOP In the Matter of the Estate of ELIZABETH MARIE HAAS, Deceased. No. 21PB00461 NOTICE TO INTERESTED PERSONS NOTICE IS HEREBY GIVEN that JUDY HAUER has been appointed personal represen- tative in the above-reference estate. All persons having claims against the estate are required to present them, with vouchers attached, to the at- torney for the personal repre- sentative at the address listed above, within four months after the date of the first pub- lication of this notice, or the claims may be barred. All persons whose rights may be affected by the proceed- ings may obtain additional information from the records of the court, the personal rep- resentative, or the attorney for the personal representative. ATTORNEY FOR PERSONAL REPRESENTATIVE: Michael A. Autio, OSB #91200 93750 Autio Loop, Astoria, OR 97103 Phone: (503) 325-9155 PERSONAL REPRESENTATIVE: Judy Hauer c/o 93750 Autio Loop, Astoria, OR 97103 Phone: (503) 325-9155 Date of first publication January 23, 2021. Published: January 23, 30, February 6, 2021. Go. Do. coastweekend.com dining • the arts • music shopping • museums • classes • movies gardening • news • blogs • more Advertisers who want quick results use classified ads consistently. Call 503-325-3211 to place your ad today! 101 Legal Notices 101 Legal Notices AB8046 JEWELL SCHOOL DISTRICT REQUEST FOR PROPOSALS PROJECT MANAGEMENT SERVICES Construction Project Management Services Proposal Attention: Stephen W. Phillips Superintendent Jewell School District 83874 Highway 103 Seaside, Oregon 97138 ANNOUNCEMENT OF REQUEST FOR PROPOSALS Sealed Proposal Responses will be received at the Jewell School District located at: 83874 Highway 103, Seaside, Oregon 97138 until 4:00 PM PST, February 10, 2021. No faxed or electronically submitted responses will be accepted. A mandatory Pre-Proposal meeting and Project Orientation will be held at Jewell School located at: 83874 Highway 103, Seaside, Oregon 97138. 4:00 PM PST, January 26, 2021. The District is seeking to select an Owner’s Project Manager to provide Program, Project, and Construction Management for the renovations and upgrades at Jewell School as described in the RFP. The District reserves the right to reject any proposal response not in compliance with all prescribed public procedures and re- quirements and to waive informalities in this proposal response process. The Request for Proposals (RFP) may be obtained from the Jew- ell School District, attention Stephen W. Phillips, Superintendent, email to stevep@jewellk12.org Respectfully submitted, Stephen W. Phillips, PhD Jewell School Superintendent Published: The Astorian January 21, 23, 30, February 6, 2021. GARAGE SALES w w w .d ailyasto rian .co m Ocean Park HUGE MOVING SALE 35601 G Street Unit 8 Ocean Park,WA 98640 02/05, 02/06, 02/07/2021 9am-4pm Home decor, kitchen items, Dining room set, love seat, coffee table, end tables, lamps, 4 dressers, 3 queen beds, ratan casual chairs, patio furniture, bicycles, totes, tools, chest freezer and misc items. If You Live In Seaside or Cannon Beach DIAL 503-325-3211 F OR A The Astorian Classified Ad ERROR AND CANCELLATIONS Please read your ad on the first day. COVID-19 requirements will be in place. Masks must be worn. Sign-up list on-site @8:00 a.m. If you see an error, The Astorian will gladly re-run your ad correctly. We accept responsibility for the first incorrect insertion, and then only to the extent of a corrected insertion or refund of the price paid. STRANGE ESTATE SALES To cancel or correct an ad, call 503-325-3211. Weekend Break Now available in your Saturday edition of Worried about your ads appearing next to Dear Facebook advertisers: disinformation, misinformation or hate speech? Our journalism is written and edited by professionals. We take responsibility for what we do. Our audiences continue to grow. The public wants and needs quality news and information more than ever. 101 Legal Notices 101 Legal Notices AB8072 AMENDED TRUSTEE’S NOTICE OF SALE This amended notice is being issued pursuant to ORS 86.782(12), after the expiration of the stay imposed by Oregon House Bill 4204 (“HB 4204”), which became effective June 30, 2020, and expired on December 31, 2020. This amended notice modifies and amends that certain Trust- ee’s Notice of Sale dated April 8, 2020. DEED OF TRUST AND PROPERTY DESCRIPTION: This in- strument 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, WARRENTON, LLC, an Oregon limited liability company, is the Grantor, TICOR TITLE COMPANY is the original 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 COMMER- CIAL MORTGAGE TRUST 2016-NXS5, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFI- CATES, SERIES 2016-NXS5, by that certain Assignment of Deed of Trust, Assignment of Leases and Rents and Security 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 boundary 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. TOGETHER WITH a non-exclusive easement for ingress and egress over Grantors’ re- maining 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 beginning 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 bound- ary 64 feet to the point of beginning. ALSO TOGETHER WITH the benefits of that agreement cap- tioned 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. Together with all buildings, structures, fixtures and other im- provements now or hereafter located thereon (the “Improvements”), all Additional Collateral described in Exhibit A attached hereto and incorporated herein by reference, and all other personal property described in the Deed of Trust. The undersigned hereby certifies that he has no knowledge of any assignments of the Deed of Trust by the Trustee or by the Beneficiary or any appointments of a Suc- cessor 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 follows: 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], Section 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 provisions of the Deed of Trust and the loan documents executed in favor of RSS WF- CM2016NXS5-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”), autho- rize 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 the full amount of required principal and interest payments under the Note due on September 5, 2018, and for each month thereafter through and including March 5, 2020. During the foregoing time period, Grantor made partial monthly payments or non-default con- tract principal and interest payments from time to time which have been credited to the indebtedness evidenced by the Note. Late charges, property protection advances, special servicing fees, workout fees, taxes, reserves, insurance and other charges through March 5, 2020, total $447,073.82. Default Interest from September 5, 2018, due as of (i.e., through and including) February 28, 2020, is in the amount of $330,448.66. Default interest per diem is $670.42. In addition to the foregoing, Grantor also failed to make the monthly installment payment under the Note due January 5, 2021. ALL AMOUNTS are now due and payable along with all costs and fees associated 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 penal- ties and interest the amount now due is $134,132.47) (pending court action filed by the City of Warren- ton against Grantor in the Clatsop County Circuit Court Case No. 19CV11278); (ii) allowing City of Warrenton lien for unpaid utilities to attach to the Property in the amounts of $8,458.60; and (iii) failure to pay the Clatsop County 2020/2021 property taxes when due in the total amount of $35,219.03. TO- TAL UNCURED MONETARY (PAYMENT) DEFAULT: By reason of said uncured and continuing de- faults, 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 (exclusive of the Emergency Period Amounts as defined below) being the following: Unpaid principal and interest due and owing under the Note as of March 5, 2020: $240,818.40. Unpaid Default Rate interest owing under the Note as of March 5, 2020: $330,448.66. Late Fees: $63,033.99. Property Protection Advanc- es including attorneys’ fees and costs paid through January 31, 2020, costs of foreclosure, consultants and inspection fees: $56,868.80. Taxes, Reserves, Insurance, Deposits: $194,171.04. Special Servic- ing Fees: $70,583.33. Workout Fees: $55,331.31. Payoff Fee: 3,350.00. Interest on Advances: $3,735.35. Subtotal: $1,018,340.88. Unpaid principal and interest payable on March 5, 2020, due and owing under the Note for March 1, 2020 to March 31, 2020: $30,102.30. Unpaid principal and interest payable January 5, 2021, due and owing under the Note for January 1, 2021 to January 31, 2021: $30,102.30. Unpaid Default Rate interest owing under the Note for or January 1, 2021 to January 31, 2021: $20,167.97. Special Servicing Fee – January 2021: $3,500.00. Workout Fee – January 2021: $301.02. TOTAL DUE: $1,102,514.47. Accordingly, the amount necessary to effect a statutory cure of the Deed of Trust under ORS 86.778, is $1,102,514.47 as of January 31, 2021, together with interest accruing on the principal portion of that amount, plus additional costs and expenses incurred by Ben- eficiary and/or the Successor Trustee (including their respective attorney’s fees, costs, and expenses). In addition, Grantor failed to make and is responsible for all missed payments and amounts accruing under the Note and the governing loan documents from March 8, 2020, to December 31, 2021 (the “Emergency Period”) established by HB 4204 (the “Emergency Period Amounts”). These Emergency Period Amounts are not included in the above total which details the amount necessary to cure the defaults and cause the discontinuance of the trustee’s sale in accordance with ORS 86.778. To the extent that HB 4204 is not invalidated or ruled unenforceable in whole or in part by a court of competent jurisdiction the following Emergency Period Amounts shall be due at the scheduled or anticipated date on which full performance of the obligation is due: Unpaid principal and interest due and owing under the Note from April 5, 2020 to December 31, 2020: $240,818.40. Unpaid Default Rate interest owing under the Note from March 5, 2020 to December 31, 2020: $204,791.46 (For ease of reporting, March default interest accruing from March 1, 2020 through March 7, 2020, has been included in the deferred Emergency Period Amounts.) Late Fees: $26,686.87. Property Protection Advances including attor- neys’ fees and costs paid from March 8, 2020 through December 31, 2020, costs of foreclosure, con- sultants and inspection fees: $26,552.85. Taxes, Reserves, Insurance, Deposits: $77,817.42. Special Servicing Fees: $31,500.00 (For ease of reporting, March special servicing fees accruing from March 1, 2020 through March 7, 2020, have been included in the deferred Emergency Period Amounts.) In- terest on Advances: $9,060.63. TOTAL EMERGENCY PERIOD AMOUNTS DEFERRED PER HB 4204: $617,227.63. 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 compensation of the Trustee as provided by law, and the rea- sonable 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 Friday, March 26, 2021, on the front steps of the main entrance to the Clatsop County Courthouse, at 743 Commercial Street, Astoria, OR 97103. RIGHT OF REINSTATEMENT: 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 reinstated 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 enforc- ing 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. Please note that the cure amounts under ORS 86.778 do not include the Emergency Period Amounts. 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 methamphet- amines, the chemical components of which are known to be toxic. Prospective purchasers of residen- tial property should be aware of this potential danger before deciding to place a bid for this property at the trustee’s sale. DATED: January 27, 2021. 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. EXHIBIT A Additional Collat- eral The Collateral located on the Property as detailed in UCC Financing Statement filed November 3, 2015, with the Oregon Secretary of State, File No. 90626543 (the “UCC1”), more particularly described as follows: (a) All machinery, furniture, furnishings, equipment, computer software and hard- ware, fixtures (including all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), inventory, materials, supplies and other articles of personal property and accessions thereof, renewals and replacements thereof and substitutions therefor, and other property of every kind and nature, tangible or intangible, owned by Grantor, or in which Grantor has or shall have an interest, now or hereafter located upon 1609 E. Harbor Drive, Warrenton, OR 97146, the “Premises” or the “Im- provements”, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Premises and the Improvements (hereinafter collectively referred to as the “Equipment”), including any leases of, deposits in connection with, and proceeds of any sale or trans- fer of any of the foregoing, and the right, title and interest of Grantor in and to any of the Equipment that may be subject to any “security interest” as defined in the Uniform Commercial Code, as in effect in the Oregon (the “UCC”); (b) All accounts (including reserve accounts), escrows, documents, instruments, chattel paper, claims, deposits and general intangibles, as the foregoing terms are defined in the UCC, and all franchises, trade names, trademarks, symbols, service marks, books, records, plans, specifi- cations, designs, drawings, surveys, title insurance policies, permits, consents, licenses, management agreements, contract rights (including any contract with any architect or engineer or with any other provider of goods or services for or in connection with any construction, repair or other work upon the Property), approvals, actions, refunds of real estate taxes and assessments (and any other govern- mental impositions related to the Property) and causes of action that now .or hereafter relate to, are derived from or are used in connection with the Property, or the use, operation, maintenance, occu- pancy or enjoyment thereof or the conduct of any business or activities thereon (hereinafter collective- ly referred to as the “Intangibles”); (c) All other personal property described in the UCC1; and (d) All proceeds, products, offspring, rents and profits from any of the foregoing, including those from sale, exchange, transfer, collection, loss, damage, disposition, substitution or replacement of any of the foregoing (together, the “Collateral”). Published:February 6, 13, 2021. LET’S TALK. #SupportRealNews www.newsmediaalliance.org To advertise, call 1.800.781.3214 101 Legal Notices Save your handy pull-out SCREEN time guide for this week’s viewing schedules!
