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About Wallowa County chieftain. (Enterprise, Wallowa County, Or.) 1943-current | View Entire Issue (April 19, 2017)
Wallowa County Chieftain Legals wallowa.com LEGAL NOTICE NOTICE OF DEFAULT AND ELECTION TO SELL --- CONTINUED --- 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 the Trust Deed, and the words "Trustee" and "Beneficiary" include their respective successors in interest, if any. The Trust Deed encumbers the real property legally described as follows: Please direct all inquiries to: Ashley McDonald, Esq. Brownstein Rask, LLP 1200 SW Main Street Portland, Oregon 97205-2040 (503) 412-6702 THE FAIR DEBT COLLECTION PRACTICES 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. DATED this 5th day of January, 2017. ________________________________ Joseph M. Mabe, Trustee NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICE ACT 15 U.S.C. Section 1692 (“the Property”). ATTENTION TRUSTORS: The Trustee certifies: 1. You are hereby notified that JOSEPH M. MABE, Trustee is attempting to collect a debt. (1) The Trust Deed, any assignment of the Trust Deed by the Trustee or Beneficiary and any appointment of successor- trustee are recorded in the mortgage records in the county in which the Property is located; and (2) No action has been instituted to recover all or any part of the debt secured by the Trust Deed; The Trust Deed and the obligations secured by the Trust Deed are in default for: (a) failure to pay when due, interest payments, late fees and attorneys fees due on and after November 9, 2016; and (d) failure to remove liens or encumbrances against the Property. Because of the default, the Beneficiary has declared all amounts to be immediately due and payable, including the Grantor’s promissory note to Beneficiary dated July 9, 2016, in the principal amount of $600,000.00, with a balance due as follows: (1) The sum of $676,197.67; and (2) Interest from January 1, 2017, until paid at the rate of 12% per annum, on all amounts due; and (3) Trustee’s fees, attorney’s fees, foreclosure costs, sums required for protection of the property, and additional sums secured by the Trust Deed. NOTICE By reason of the default, the Beneficiary and the Trustee have elected to foreclose the Trust Deed by advertisement and sale pursuant to ORS 86.705 to 86.795. At public auction, the Trustee shall sell to the highest bidder for cash the interest in the Property which the Grantor had, or had the power to convey, at the time of the execution by Grantor of the Trust Deed, together with any interest Grantor or Grantor's successors in interest acquired after the execution of the Trust Deed, to satisfy the debt secured by the Trust Deed and the expenses of the sale, including the compensation of the Trustee as provided by law, and the reasonable fees of Trustee's attorneys. The sale will be held at the hour of 10:30 a.m., on May 30, 2017, at the following place: front steps of the Wallowa County Courthouse at 101 S River Street, Enterprise, Oregon. NOTICE OF RIGHT TO CURE Any person named in ORS 86.753 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 Trust Deed reinstated by doing all of the following: (1) Paying the Beneficiary the entire amount due; (2) Curing any other default complained of herein that is capable of being cured by tendering the performance required under the Note or Trust Deed; and (3) Paying all costs and expenses actually incurred in enforcing the Note and Trust Deed, together with Trustee’s and attorney's fees not exceeding the amounts provided by ORS 86.753. 2. As of January 1, 2017, you owed $676,197.67. Because of interest, late charges and other charges that may vary from day to day, or may apply only upon payoff, the amount due on the date you pay may be greater. Hence if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. 3. The original creditor to whom the debt is/was owed is Joseph Properties I, LLC. 4. The debt will be assumed to be valid by JOSEPH M. MABE, Trustee unless WITHIN THIRTY DAYS AFTER THE RECEIPT OF THIS NOTICE, you dispute the validity of the debt or some portion thereof. 5. If you notify JOSEPH M. MABE, Trustee within thirty days after the receipt of this Notice that the debt or any portion thereof is disputed, JOSEPH M. MABE, Trustee will provide a verification of the debt, and a copy of the verification will be mailed to you by JOSEPH M. MABE, Trustee. In attempting to collect the debt, any information obtained will be used for the purpose. 6. If the current creditor is not the original creditor, and if you make a request to JOSEPH M. MABE, Trustee within thirty days after receipt of this Notice, the name and address of the original creditor will be mailed to you by JOSEPH M. MABE, Trustee. 7. Written and/or verbal requests may be made to and further information can be obtained from: JOSEPH M. MABE, Trustee Attn: Ashley McDonald, Esq. 1200 SW Main Street Portland, OR 97205-2040 (503) 221-1772 SERVICEMEMBERS CIVIL RELIEF ACT NOTIFICATION If you are on active duty in the armed services, or the dependent of such a person, and you believe that you are entitled to protections afforded under the Soldiers’ and Sailors’ Relief Act, please contact the undersigned immediately. Failure to do so may result in loss of your rights, if any, under the Act. To facilitate follow-up to any response to this notice, please make any response in writing and describe the circum- stances which you believe cause you to be entitled under the Act. If you have any questions about the applicability of the Soldiers’ and Sailors’ Relief Act, you should contact a lawyer immediately. The undersigned cannot provide you legal advice. JOSEPH M. MABE, Trustee 1200 SW Main Street Portland, OR 97205-2040 (503) 221-1772 LEGAL NOTICE We carry the CHIEFTAIN CLASSIFIED DEADLINE Monday @ 4pm Call 541.426.4567 TS No.: 054824-OR Loan No.: ******6912 Reference is made to that certain trust deed (the “Deed of Trust”) executed by EUGENE YATES AND SHARRON L. YATES, HUSBAND AND WIFE, as Grantor, to FIDELITY NATIONAL TITLE INS CO, as Trustee, in favor of WELLS FARGO BANK, N.A., as Beneficiary, dated 12/18/2007, recorded 12/27/2007, as Instrument No. 07-59018, in the Official Records of Wallowa County, Oregon, which covers the following described real property situated in Wallowa County, Oregon: LOT 6, ENGLESIDE HEIGHTS SUBDIVISION (BEING A SUBDIVISION OF BLOCK 3, KNIGHT’S SECOND ADDITION TO JOSEPH), WALLOWA COUNTY, OREGON, AND TRACTS SOUTH THEREOF, AS SHOWN BY THE PLAT THEREOF ON FILE AND OF RECORD IN BOOK 2 OF PLATS, PAGE 66, IN THE OFFICE OF THE COUNTY CLERK OF WALLOWA COUNTY, OREGON. APN: 2S45 31DA TL4100 Commonly known as: 1101 S MAIN ST JOSEPH, OR 97846 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 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 failure to pay the required real property taxes and/or maintain adequate hazard insurance. The tax default consists of tax years 2009, 2011, 2012, 2013, 2014, and 2016 in the total amount of $15,737.47 and failure to pay insurance for the years 2011, 2012, 2013, 2014, and 2016 in the total amount of $10,420.87. TOTAL REQUIRED TO PAYOFF: $183,681.36 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 $183,351.07 together with interest thereon at the rate of 1.81 % per annum, from 10/14/2016 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 8/8/2017, at the hour of 12:00 PM, standard time, as established by ORS 187.110, ON THE RIVER STREET ENTRANCE STEPS TO THE WALLOWA COUNTY COURTHOUSE, 101 S RIVER ST, ENTERPRISE, OR 97828, sell at public auction to the highest bidder for cash 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 ‘beneficiary” include their respective successors in interest, if any. Dated: 3/23/2017 CLEAR RECON CORP 111 SW Columbia Street #950 Portland, OR 97201 Phone: 858-750- 7600 or 866-931-0036 Edward Jamir, Authorized Signatory of Trustee LEGAL NOTICE PUBLIC NOTICE NOTICE IS GIVEN, the Board of Commissioners will be conducting a hearing on Monday, April 24, 2017, beginning at 10:00 a.m., in the Thorton Conference Room of the Wallowa County Courthouse. This hearing will be held to consider an Appeal (APP17-01) submitted by Richard Hobbs Attorney on behalf of Michael and Monica Eng and Katherine Loftus on a Planning Commission decision regarding a Zone Permit (APP#16-02, Appeal of ZP#13-66) to allow a Dwelling in the Timber Grazing Area. The parcel is described as Township 2 South, Range 43, Tax Lot 1401, consisting of approximately 38.25 acres and zoned Timber Grazing (T/G). This appeal is will be heard on a Limited De Novo basis, reviewing the issue of standing only; however, meetings and hearings are open to the public. Those interested in attending are encouraged to do so. For questions, please contact the WALLOWA COUNTY BOARD OF COMMISSIONERS OFFICE AT 426-4543, EXT. 130. NOTICE TO INTERESTED PERSONS agricultural weekly newspaper. 541-426-4567 TRUSTEE’S NOTICE OF SALE LEGAL NOTICE Capital Press Come in and buy your copy today at the Wallowa County Chieftain. A11 LEGAL NOTICE Reference is made to that certain trust deed made by Indian Ridge I, LLC, as Grantor, to Wallowa Title Company, as Trustee, in favor of Estate of Mary Hayes, dated October 3, 2016, recorded October 14, 2016, in the mortgage records of Wallowa County, Oregon, as Doc. No. 00075420 (the "Trust Deed"), which was assigned to Joseph Properties I, LLC by Assignment of Note and Trust Deed, dated November 8, 2016, recorded November 10, 2016, in the mortgage records of Wallowa County, Oregon, as Doc. No. 00075541. An Appointment of Successor Trustee appointing Joseph M. Mabe, Esq., Successor Trustee (hereinafter referred to as the “Trustee”) dated January 5th, 2017, was recorded on January 20, 2017, in the mortgage records of Wallowa County, Oregon, as Doc. No. 2017-75813. An Amended Appointment of Successor Trustee dated March 13, 2017, was recorded on March 24, 2017, in the mortgage records of Wallowa County, Oregon, as Doc. 00076164. Three tracts of land situated in the SW¼SE¼, Section 30 and the W½E¼, Section 31, Township 2 South, Range 45 East of the Willamette Meridian, Wallowa County, Oregon designated as PARCELS 1, 2 AND 3 on Minor Partition Plat No. 2016- 75016 (being a replat of Parcels 1 and 3 of Minor Partition No. 2011-66222), on file and of record in the Office of the County Clerk of said County and State April 19, 2017 LEGAL NOTICE Ronald Lee Drennen Jr. has been appointed Personal Representative of the Estate of RONALD LEE DRENNEN SR, Deceased, Probate Case No. 17pb02675, Wallowa County Circuit Court, State of Oregon. All persons whose rights may be affected by the proceedings may obtain additional information from the records of the Court, the Personal Representative. All persons having claims against the estate must present them to the Personal Representative at: Ronald Lee Drennen Jr. 56672 Powerhouse Ln Milton-Freewater, OR 97862 (541) 938-7977 Within four months after the first publication date of this notice or they may be barred. LEGALS CONTINUE ON 12A
