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About Polk County itemizer observer. (Dallas, Or) 1992-current | View Entire Issue (Aug. 17, 2016)
Public Notices TRUSTEE'S NOTICE OF SALE Reference is made to that certain trust deed made by SCHUYLER K. AUDSLEY AND MARILYN S. AUDSLEY as grantor, to AMERITITLE as trustee, in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC (MERS)., AS DESIGNATED NOMINEE FOR CMG MORTGAGE, INC. DBA CMG FINANCIAL, BENEFICI- ARY OF THE SECURITY IN- STRUMENT, ITS SUCCESSORS AND ASSIGNS as beneficiary, dated May 23, 2013, recorded May 31, 2013, in the mortgage records of Polk County, Ore- gon, as Document No. 2013- 005946, and assigned to PIN- GORA LOAN SERVICING, LLC on May 2, 2016 in the records of Polk County, Oregon, as Document No. 2016-004591, covering the following de- scribed real property situated in said county and state, to wit: LOT 21, ROYALANN ES- TATES NO. 3 SUBDIVISION, IN THE CITY OF SALEM, POLK COUNTY, OREGON PROPERTY ADDRESS: 2153 Tanager Avenue NW, Salem, OR 97304 There is a default by the grantor or other person owing an obligation or by their suc- cessor in interest, the perform- ance of which is secured by said trust deed, or by their suc- cessor in interest, with respect to provisions therein which au- thorize sale in the event of de- fault of such provision. The de- fault for which foreclosure is made is grantors' failure to pay when due the following sums: monthly payments in the total amount of $18,730.43 begin- ning November 1, 2015; plus accrued late charges in the total amount of $270.68; plus other fees and costs in the amount of $154.00; together with title expense, costs, trustee's fees and attorney's fees incurred herein by reason of said default; any further sums advanced by the benefi- ciary for the protection of the above described real property and its interest therein; and prepayment penalties/premi- ums, if applicable. By reason of said default, the beneficiary has declared all sums owing on the obliga- tion secured by said trust deed immediately due and payable, said sums being the following, to wit: $249,796.90 with interest thereon at the rate of 4.75000 percent per annum beginning October 1, 2015; plus escrow advances in the total amount of $1,615.04; plus accrued late charges in the total amount of $270.68; plus other fees and costs in the amount of $220.00; togeth- er with title expense, costs, trustee's fees and attorney's fees incurred herein by reason of said default; any further sums advanced by the benefi- ciary for the protection of the above described property and its interest therein; and pre- payment penalties/premiums, if applicable. WHEREFORE, notice is hereby given that the under- signed trustee will on Decem- ber 13, 2016, at the hour of 11:00 AM, in accord with the standard of time established by ORS 187.110, at Polk Coun- ty Courthouse Main Entrance, 850 Main Street, Dallas, OR 97338, in the City of Dallas, County of Polk, State of Ore- gon, sell at public auction to the highest bidder for cash the interest in the real property de- scribed above, which the grantor had or had power to convey at the time of the exe- cution by grantor of the trust deed together with any interest which the grantor or grantor's successors in interest ac- quired after the execution of the trust deed, to satisfy the foregoing obligations thereby secured and the costs and ex- penses of the sale, including reasonable charges by the trustee. Notice is further given that any person named in ORS 86.778 has the right, at any time that is not later than five days before the date last set for the sale, to have this fore- closure proceeding dismissed and the trust deed reinstated by payment to the beneficiary of the entire amount then due (other than such portion of the principle 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 ten- dering the performance re- quired under the obligation or trust deed, and in addition to paying those sums or tender- ing the performance necessary to cure the default, by paying all costs and expenses actual- ly incurred in enforcing the ob- ligation and trust deed, togeth- er with trustee and attorney fees not exceeding the amounts provided by ORS 86.778. Without limiting the trustee's disclaimer of repre- sentations or warranties, Ore- gon 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 chem- ical components of which are known to be toxic. Prospective purchasers of residential prop- erty should be aware of this potential danger before decid- ing to place a bid for this prop- erty at the trustee's sale In construing this notice, the singular includes the plu- ral, the word "grantor" in- cludes any successor in inter- est to the grantor as well as any other person owing an ob- ligation, the performance of which is secured by the trust deed, and the words "trustee" and beneficiary" include their respective successors in inter- est, if any. Robinson Tait, P.S. 710 Second Ave, Suite 710 Polk County Itemizer-Observer • August 17, 2016 9A Seattle, WA 98104 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COL- LECT A DEBT. ANY INFORMA- TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE RECEIVED A DIS- CHARGE OF THE DEBT REF- ERENCED HEREIN IN A BANK- RUPTCY PROCEEDING, THIS LETTER IS NOT AN ATTEMPT TO IMPOSE PERSONAL LIA- BILITY UPON YOU FOR PAY- MENT OF THAT DEBT. IN THE EVENT YOU HAVE RECEIVED A BANKRUPTCY DISCHARGE, ANY ACTION TO ENFORCE THE DEBT WILL BE TAKEN AGAINST THE PROPERTY ONLY. (Aug. 17, 24, 31; Sept. 7, 2016) Notice of Civil Forfeiture Posted: 8-10-2016 On 4-6-2016 agents with the Independence Police Depart- ment conducted a criminal in- vestigation follow up at Sum- mer Street NE at Marion Street NE. As a result of that investi- gation $1,103.00 in cash was seized from Sean Altizer. No- tice of forfeiture was provided to Mr. Altizer. The case was documented under case num- ber IDP14001037. On 4-7-2016 agents with the Independence Police Department conducted a criminal investigation at 766 Cedar Court, Independence, where they seized $17,080.00 in cash from Aaron Wilkie. No- tice of the forfeiture was pro- vided to Helene Wilkie, James Wilkie as well as Aaron Wilkie. The case was documented under case number IDP16000932. To claim an interest, you must file a written claim with the forfeiture counsel named below. The written claim must be signed by you, sworn to under penalty of perjury before a notary public, and state: (a) Your true name; (b) The ad- dress at which you will accept future mailings from the court and forfeiture counsel; and (c) A statement that you have an interest in the seized property. The motion must be given to the court clerk or administrator within 30 days of the date of first publication specified here- in along with the required filing fee. Forfeiture Counsel: Deputy District Attorney Sarah Shepherd Polk County District Attorney's Office 850 Main Street, Dallas, OR 97338 503-623-9268 (Aug. 10, 17, 24, 31, 2016 TRUSTEE'S NOTICE OF SALE T.S. No.: OR-15-680715-AJ Ref- erence is made to that certain deed made by, MARCIA WAL- LACE, A MARRIED WOMAN, AS HER SOLE AND SEPARATE PROPERTY as Grantor to NA- TIONAL 1 SOURCE, as trustee, in favor of MORTGAGE ELEC- TRONIC REGISTRATION SYS- TEMS, INC. ("MERS") AS NOM- INEE FOR BEAR STEARNS RESIDENTIAL MORTGAGE CORPORATION , as Benefici- ary, dated 12/21/2006 , record- ed 2/9/2007 , in official records of POLK County, Oregon in book/reel/volume No. and/or as fee/file/instrument/ microfilm / reception number 2007-002226 and subsequently assigned or transferred by operation of law to Wells Fargo Bank, National Association, as trustee, on be- half of the holders of the Struc- tured Asset Mortgage Invest- ments II Inc., Bear Stearns Mortgage Funding Trust 2007- AR1 Mortgage Pass-Through Certificates, Series 2007-AR1 covering the following de- scribed real property situated in said County, and State, to- wit: APN: 237886 07308AC00200 ALL OF THAT CERTAIN REAL PROPERTY, WITH THE TENEMENTS, HEREDITAMENTS AND AP- PURTENANCES THEREUNTO BELONGING OR IN ANY WAY APPERTAINING, SITUATED IN POLK COUNTY, STATE OF OREGON, DESCRIBED AS FOLLOWS, TO WIT: BEGIN- NING AT THE NORTHEAST CORNER OF LOT 3A, MADRONA HILL SUBDIVISION IN POLK COUNTY, OREGON, AND RUNNING THENCE SOUTH 100.00 FEET ALONG THE EAST LINE OF LOT 3A TO THE NORTHWEST CORNER OF LOT 2 IN SAID SUBDIVI- SION; THENCE NORTH 89 DE- GREES 28 MINUTES EAST 80.00 FEET; THENCE SOUTH 82.39 FEET TO THE NORTH LINE OF ELLEN LANE; THENCE SOUTHWESTERLY ALONG THE NORTH LINE OF ELLEN LANE ALONG THE ARC OF A 931.58 FOOT RADIUS CURVE TO THE RIGHT, WHOSE CHORD BEARS SOUTH 85 DE- GREES 22 MINUTES WEST 22.46 FEET; THENCE SOUTH 85 DEGREES 54 MINUTES WEST ALONG THE NORTH LINE OF ELLEN LANE 57.77 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE SOUTH 86 DEGREES 03 MINUTES WEST ALONG THE NORTH LINE OF ELEN LANE 20.04 FEET; THENCE NORTH 188.79 FEET TO THE NORTH LINE OF SAID LOT 3A, THENCE NORTH 89 DEGREES 28 MINUTES EAST 20.00 FEET TO THE POINT OF BEGINNING. SAVE AND EXCEPT: BEGIN- NING AT AN IRON ROD AT THE NORTHEAST CORNER OF THAT PARCEL OF LAND CON- VEYED TO JAMES C. INGLES, INC., BY DEED RECORDED APRIL 10,1979, IN BOOK 138, PA G E 2 3 0 , B O O K O F RECORDS, POLK COUNTY, OREGON, SAID CORNER POINT BEING ON THE SOUTHERLY NORTH LINE OF LOT 2 IN BLOCK 1, MADRONA HILL SUBDIVISION IN POLK COUNTY, OREGON, AND RUN- NING THENCE SOUTH 89 DE- GREES 14 MINUTES 57 SEC- ONDS: WEST 14.95 FEET ALONG THE NORTH LINE OF SAID LOT 2 TO AN IRON ROD; THENCE SOUTH 83.43 FEET TO AN IRON ROD ON THE NORTH LINE OF ELLEN LANE; THENCE NORTHEASTERLY ALONG THE NORTH LINE OF ELLEN LANE ALONG THE ARC OF A 931.58 FOOT RADIUS CURVE TO THE LEFT, WHOSE CHORD BEARS NORTH 85 DE- GREES 03 MINUTES 16 SEC- ONDS EAST 15.00 FEET TO AN IRON ROD AT THE SOUTH- EAST CORNER OF SAID JAMES C. INGLES, INC., PAR- CEL, THENCE NORTH 82.34 FEET TO THE POINT OF BE- GINNING. Commonly known as: 2255 ELLEN LN NW, SALEM, OR 97304 The under- signed hereby certifies that based upon business records there are no known written as- signments of the trust deed by the trustee or by the benefici- ary and no appointments of a successor trustee have been made, except as recorded in the records of the county or counties in which the above described real property is situ- ated. Further, 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). Both the beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said trust deed and notice has been rec orded pursuant to Section 86.752 (3) of Oregon Revised Statutes. There is a default by grantor or other person owing an obligation, performance of which is secured by the trust deed, or by the successor in interest, with respect to provi- sions therein which authorize sale in the event of such provi- sion. The default for which foreclosure is made is grantor's failure to pay when due the following sums: Delin- quent Payments: Payment In- formation From Through Total Payments 2/1/2012 6/2/2016 $86,089.60 Late Charges From Through Total Late Charges 2/1/2012 6/2/2016 $250.77 Ben- eficiary's Advances, Costs, And Expenses Escrow Ad- vances $29,889.66 Fees $10,502.55 Other Fees $1,668.34 Total Advances: $42,060.55 TOTAL FORECLO- SURE COST: $2,381.00 TOTAL REQUIRED TO REINSTATE: $130,781.92 TOTAL REQUIRED TO PAYOFF: $415,288.38 By reason of the default, the bene- ficiary has declared all sums owing on the obligation se- cured by the trust deed imme- diately due and payable, those sums being the following, to- wit: The installments of princi- pal and interest which became due on 2/1/2012, and all subse- quent installments of principal and interest through the date of this Notice, plus amounts that are due for late charges, delinquent property taxes, in- surance premiums, advances made on senior liens, taxes and/or insurance, trustee's fees, and any attorney fees and court costs arising from or as- sociated with the beneficiaries efforts to protect and preserve its security, all of which must be paid as a condition of rein- statement, including all sums that shall accrue through rein- statement or pay-off. Nothing in this notice shall be con- strued as a waiver of any fees owing to the Beneficiary under the Deed of Trust pursuant to the terms of the loan docu- ments. Whereof, notice hereby is given that Quality Loan Service Corporation of Wash- i n g t o n , t h e u n d e rs i g n e d trustee will on 10/24/2016 at the hour of 1:00 PM , Standard of Time, as established by sec- tion 187.110, Oregon Revised Statues, Inside the new lobby at the Jefferson Street en- trance Of the County Court- house 850 Main Street Dallas, Oregon 97338 County of POLK , State of Oregon, sell at public auction to the highest bidder for cash the interest in the said described real property which the grantor had or had power to convey at the time of the ex- ecution by him of the said trust deed, together with any inter- est which the grantor or his successors in interest ac- quired after the execution of said trust deed, to satisfy the foregoing obligations thereby secured and the costs and ex- penses of sale, including a reasonable charge by the trustee. Notice is further given that any person named in Section 86.778 of Oregon Revised Statutes has the right to have the foreclosure pro- ceeding dismissed and the trust deed reinstated by pay- ment to the beneficiary of the entire amount then due (other than such portion of said principal as would not then be due had no default occurred), together with the costs, trustee's and attorney's fees and curing any other default complained of in the Notice of Default by tendering the per- formance required under the obligation or trust deed, at any time prior to five days be- fore the date last set for sale. Other than as shown of record, neither the beneficiary nor the trustee has any actual notice of any person having or claiming to have any lien upon or interest in the real property hereinabove de- scribed subsequent to the in- terest of the trustee in the trust deed, or of any successor in interest to grantor or of any lessee or other person in pos- session of or occupying the property, except: Name and Last Known Address and Na- ture of Right, Lien or Interest M A R C I A WA L L AC E 2 2 5 5 ELLEN LN NW SALEM, OR 97304 Original Borrower For Sale Information Call: 888-988- 6736 or Login to: Salestrack.tdsf.com In con- struing this notice, the singu- lar includes the plural, the word "grantor" includes any successor in interest to this 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 "bene- ficiary" include their respec- tive successors in interest, if any. Pursuant to Oregon Law, this sale will not be deemed final until the Trustee's deed has been issued by Quality Loan Service Corporation of Washington . If any irregulari- ties are discovered within 10 days of the date of this sale, the trustee will rescind the sale, return the buyer's money and take further action as nec- essary. If the sale is set aside for any reason, including if the Trustee is unable to convey title, the Purchaser at the sale shall be entitled only to a re- turn of the monies paid to the Trustee. This shall be the Pur- chaser's sole and exclusive remedy. The purchaser shall have no further recourse against the Trustor, the Trustee, the Beneficiary, the Beneficia- ry's Agent, or the Beneficiary's Attorney. If you have previous- ly been discharged through bankruptcy, you may have been released of personal lia- bility for this loan in which case this letter is intended to exercise the note holders right's against the real proper- ty only. As required by law, you are hereby notified that a nega- tive credit report reflecting on your credit record may be sub- mitted to a credit report agency if you fail to fulfill the terms of your credit obliga- tions. Without limiting the trustee's disclaimer of repre- sentations or warranties, Ore- gon 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 chem- ical components of which are known to be toxic. Prospective purchasers of residential prop- erty should be aware of this potential danger before decid- ing to place a bid for this prop- erty at the trustee's sale. NO- TICE TO TENANTS: TENANTS OF THE SUBJECT REAL PROPERTY HAVE CERTAIN PROTECTIONS AFFFORDED TO THEM UNDER ORS 86.782 AND POSSIBLY UNDER FED- ERAL LAW. ATTACHED TO THIS NOTICE OF SALE, AND INCORPORATED HEREIN, IS A NOTICE TO TENANTS THAT SETS FORTH SOME OF THE PROTECTIONS THAT ARE AVAILABLE TO A TENANT OF THE SUBJECT REAL PROPER- TY AND WHICH SETS FORTH CERTAIN REQUIRMENTS THAT MUST BE COMPLIED WITH BY ANY TENANT IN ORDER TO OBTAIN THE AFFORDED PRO- T E C T I O N , A S R E QU I R E D UNDER ORS 86.771 . QUALITY MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY I N F O R M AT I O N O B TA I N E D WILL BE USED FOR THAT PURPOSE. TS No: OR-15- 680715-AJ Dated: 6/2/2016 Quality Loan Service Corpora- tion of Washington, as Trustee Signature By: ____ __ Joseph Carroll, Assistant Secretary Trustee's Mailing Address: Quality Loan Service Corp. of Washington C/O Quality Loan Service Corporation 411 Ivy Street San Diego, CA 92101 Trustee's Physical Address: Quality Loan Service Corp. of Washington 108 1 st Ave South, Suite 202, Seattle, WA 98104 Toll Free: (866) 925-0241 IDSPub #0109735 8/10/2016 8/17/2016 8/24/2016 8/31/2016 (Aug. 10, 17, 24, 31, 2016) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF POLK No. 16PB04837- Probate In the Matter of the Estate of Herschel E. Greenwade, Deceased Notice is hereby given that by Order of the Circuit Court of the State of Oregon for Polk C o u n t y, P r o b a t e N o . 16PB04837, Justin R. Green- wade has been appointed Per- sonal Representative of the ESTATE OF HERSCHEL E. GREENWADE, deceased. All persons having claims against said estate are re- quired to present such claims, with proper vouchers, to the undersigned Personal Repre- sentative, c/o Sarah K. Rine- hart, Attorney at Law, 117 Commercial Street NE, Suite 300, Salem, Oregon 97301, within four (4) months after the date of first publication of this notice, or the claims may be barred. All persons whose rights may be affected by these pro- ceedings may obtain addition- al information from the Person- al Representative, the attorney for the Personal Representa- tive, or from the records of the court. Dated and first published August 10, 2016. Justin R. Greenwade Personal Representative Sarah K. Rinehart, Attorney at Law OSB# 821142 117 Commercial Street NE, Suite 300 Salem, Oregon 97301 Attorney for Personal Representative (Aug. 10, 17, 24, 2016) IN THE CIRCUIT COURT OF THE STATE OF OREGON IN AND FOR THE COUNTY OF POLK Federal National Mortgage Association ("Fannie Mae"), Plaintiff, vs. LARRY R. DUDDLES II, INDIVIDUALLY AND AS CONSTRUCTIVE TRUSTEE OF THE ESTATE OF LARRY R. DUDDLES; UNKNOWN HEIRS OF LARRY R. DUDDLES; WESTVIEW ESTATES HOMEOWNERS ASSOCIATION; CAPITAL ONE BANK (USA), N.A.; PARTIES IN POSSESSION Defendants. No. 16CV02094 CIVIL SUMMONS TO THE DEFENDANTS: Unknown Heirs of Larry R. Duddles NOTICE TO DEFENDANT: READ THESE PAPERS CAREFULLY! A lawsuit has been started against you in the above-enti- tled Court by Federal National Mortgage Association ("Fannie Mae"), Plaintiff. Plaintiff's claim is stated in the written Complaint, a copy of which is on file at the Polk County Courthouse. You must "ap- pear" in this case or the other side will win automatically. To "appear" you must file with the court a legal paper called a "motion" or "answer." The "motion" or "answer" must be given to the court clerk or ad- ministrator within 30 days along with the required filing 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 at- torney, proof of service on the plaintiff. The object of the complaint is to foreclose a deed of trust dated August 19, 2009 and recorded as Instrument No. 2009-010523 given by Larry R Duddles on property common- ly known as 1988 Michigan City Lane NW, Salem, OR 97304 and legally described as: Lot Numbered 79, WEST- VIEW ESTATES PHASE II, City of Salem, Polk County, Oregon. The complaint seeks to fore- close and terminate all interest of Unknown Heirs of Larry R. Duddles and all other interests in the property. The "motion" or "answer" (or "reply") must be given to the court clerk or administrator within 30 days of the date of first publication specified here- in along with the required filing fee. The date of first publica- tion of the summons is August 3, 2016. If you are in the active mili- tary service of the United States, or believe that you may be entitled to protection of the SCRA, please contact our of- fice. If you do not contact us, we will report to the court that we do not believe that you are protected under the SCRA. If you have questions, you should see an attorney imme- diately. If you need help in find- ing an attorney, you may con- tact the Oregon State Bar's Lawyer Referral Service online at www.oregonstatebar.org or by calling (503) 684-3763 (in the Portland metropolitan area) or toll-free elsewhere in Ore- gon at (800) 452-7636. Attorneys for Plaintiff, SHAPIRO & SUTHERLAND, LLC /s/. Adam R Hollar Adam R. Hollar # 093870 [ahollar@LOGS.com] 7632 SW Durham Road, Suite 350, Tigard, OR 97224 (360)260-2253; Fax (360)260-2285 (Aug. 3, 10, 17, 24, 2016) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF POLK PROBATE DEPARTMENT In the Matter of the Estate of JANET ANN NOAKES, Deceased. Case No. 16PB04752 NOTICE TO INTERESTED PERSONS NOTICE IS HEREBY GIVEN that SCOTT A. NOAKES has been appointed Personal Rep- resentative of the above-cap- tioned estate. All persons hav- ing claims against the estate are required to present them to the Personal Representative at the address shown below with- in four months after the date of first publication of this Notice. All persons whose rights may be affected by the probate pro- ceeding may obtain additional information from the court records, the Personal Repre- sentative or the attorney for the Personal Representative. DATED AND FIRST PUB- LISHED this 3rd day of August, 2016. Monica D. Pacheco, OSB#064600 PERSONAL REPRESENTATIVE Scott A. Koakes 14121 Redwood Court Lake Oswego, OR 97034 (503) 708-7909 ATTORNEY Monica D. Pacheco, OSB#064600 DOUGLAS, CONROYD, GIBB & PACHECO, P.C. 528 Cottage Street N.E. P.O. Box 469 Salem, OR 97308-0469 (503) 364-7000 Facsimile: (503) 585-0699 monica@dcm-law.com (Aug. 3, 10, 17, 2016) TRUSTEE'S NOTICE OF SALE TS No.: 040658-OR Loan No.: ******2021 Reference is made to that certain trust deed (the "Deed of Trust") executed by CHELSEA J POPE, as Grantor, to FIRST AMERICAN TITLE INSURANCE COMPANY, as Trustee, in favor of MORT- GAGE ELECTRONIC REGIS- TRATION SYSTEMS INC., SOLELY AS NOMINEE FOR LEHMAN BROTHERS BANK, FSB, A FEDERAL SAVINGS BANK, ITS SUCCESSORS AND ASSIGNS, as Beneficiary, dated 8/1/2006, recorded 8/7/2006, as Instrument No. 2006-012951, in the Official Records of Polk County, Ore- gon, which covers the follow- ing described real property sit- uated in Polk County, Oregon: LOT NUMBERED FOUR (4), BLOCK NUMBERED FOUR (4), KINGSBOROUGH, PHASE I, IN THE CITY OF DALLAS, POLK COUNTY AND STATE OF ORE- GON. (SEE VOLUME 8, PAGE 50, RECORD OF TOWN PLATS FOR SAID COUNTY AND STATE). APN: 402291 / 07532- BB-11500 Commonly known as: 671 SW NATALIE STREET DALLAS, OR 97338 The current beneficiary is: NATIONSTAR MORTGAGE LLC Both the ben- eficiary and the trustee have elected to sell the above-de- scribed 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 grantor's failure to pay when due, the following sums: Delinquent Payments: Dates: No. Amount Total: 11/01/15 thru 01/01/16 3 $402.42 $1,207.26 02/01/16 thru 02/29/16 1 $443.87 $443.87 03/01/16 thru 07/01/16 5 $480.31 $2,401.55 Late Charges: $40.08 Beneficiary Advances: $1,584.50 Foreclosure Fees and Expenses: $0.00 Total Required to Reinstate: $5,677.26 TOTAL REQUIRED TO PAYOFF: $121,264.73 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 $116,616.91 together with interest thereon at the rate of 2.75 % per annum, from 10/1/2015 until paid, plus all accrued late charges, and all trustee's fees, foreclosure costs, and any sums advanced by the benefi- ciary 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 Co- lumbia Street #950, Portland, OR 97201, will on 11/29/2016, at the hour of 11:00 AM, stan- dard time, as established by ORS 187.110, AT THE FRONT ENTRANCE TO THE POLK COUNTY COURTHOUSE, 850 MAIN STREET, DALLAS, OR 97338, sell at public auction to the highest bidder for cash the interest in the above-described real prop e r t y w h i ch t h e 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 exe- cution of the Deed of Trust, to satisfy the foregoing obliga- tions thereby secured and the costs and expenses of sale, including a reasonable charge by the trustee. Notice is fur- ther 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 prin- cipal 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 per- formance 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 dis- claimer of representations or warranties, Oregon law re- quires the trustee to state in this notice that some residen- tial property sold at a trustee's sale may have been used in manufacturing methampheta- mines, the chemical compo- nents of which are known to be toxic. Prospective pur- chasers of residential proper- ty should be aware of this po- tential danger before deciding to place a bid for this property at the trustee's sale. In con- struing this notice, the mascu- line gender includes the femi- nine and the neuter, the singu- lar includes plural, the word "grantor" includes any suc- cessor 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 'bene- ficiary" include their respec- tive successors in interest, if any. Dated: 7/20/2016 CLEAR RECON CORP 111 SW Colum- bia Street #950 Portland, OR 97201 Phone: 858-750-7600 866-931-0036 Bernis M. Gonyea, Authorized Signatory of Trustee (Aug. 10, 17, 24, 31, 2016) NOTICE OF SHERIFF’S SALE On 09-02-16 at 10:00 a.m. at the Polk County Sheriff’s Of- fice, located at 850 Main St. Dallas, OR. 97338, the defen- dant’s interest will be sold, subject to redemption, in the real property located at 240 Monmouth St. Independence, OR. 97351. The court case number is 15CV08323, where CITY OF INDEPENDENCE, an Oregon Municipal Corporation is plaintiff, and 2BWORTHY LLC, a Colorado Limited Liabil- ity Company; JULIE CRESSER, dba Family Treasures Market Place; and ALL OCCUPANTS OF REAL PROPERTY COM- MONLY KNOWN AS 240 MON- MOUTH STREET IN THE CITY OF INDEPENDENCE, OREGON is defendant. The sale is a pub- lic auction to the highest bid- der for cash or cashier’s check, in hand, made out to Polk County Sheriff’s Office. For more information on this sale go to: http://oregonsheriff- ssales.org/ (Aug. 3, 10, 17, 24, 2016)
