Image provided by: University of Oregon Libraries; Eugene, OR
About Polk County itemizer observer. (Dallas, Or) 1992-current | View Entire Issue (Sept. 7, 2016)
Polk County News 10A Polk County Itemizer-Observer • September 7, 2016 NOTICE OF SHERIFF’S SALE On 09-30-16 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 1269 Hemlock St. NW Salem, OR. 97304. The court case number is 14CV11733, where THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET- BACKED CERTIFICATES, SE- RIES 2007-10 is plaintiff, and RAYMOND LERMA; JULIE M. LERMA; CHASE BANK USA, N.A.; METROPOLITAN AGEN- CIES, INC.; OCCUPANTS OF THE PREMISES is defendant. The sale is a public auction to the highest bidder for cash or cashier’s check, in hand, made out to Polk County Sheriff’s Of- fice. For more information on this sale go to: http:// oregonsheriffssales.org/ (Aug. 31; Sept. 7, 14, 21, 2016) NOTICE OF SHERIFF’S SALE On 09-30-16 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 932 Parry Rd. Falls City, OR. 97344. The court case number is 13P10614, where DEUTSCHE BANK NATIONAL TRUST COM- PANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SE- C U R I T I E S I N C . , A S S E T- BAC K E D PA S S - T H RO U G H CERTIFICATES, SERIES 2005- R9, ITS SUCCESSORS AND/OR ASSIGNS is plaintiff, and LISA ROBERTSON; VAL- LEY CREDIT SERVICE, INC.; MIDLAND FUNDING LLC; ALL OTHER PERSONS OR PAR- TIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE PROPERTY COMMONLY KNOWN AS 932 PARRY RD, FALLS CITY, OR 97344 is defendant. The sale is a public auction to the highest bidder 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://oregon sheriffssales.org/ (Aug. 31; Sept. 7, 14, 21, 2016) NOTICE OF SHERIFF’S SALE On 09-30-16 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 1212 Northgate Dr. Independence, OR. 97351. The court case number is 14CV03344, where PNC BANK, NATIONAL ASSO- CIATION is plaintiff, and DANTE BETHA; AND ALL OTHER PERSONS OR PAR- TIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE PROPERTY COMMONLY KNOWN AS 1212 NORTHGATE DR., INDEPEND- ENCE, OR 97351 is defendant. The sale is a public auction to the highest bidder for cash or cashier’s check, in hand, made out to Polk County Sheriff’s Of- fice. For more information on this sale go to: http://oregon- sheriffssales.org/ (Aug. 31; Sept. 7, 14, 21, 2016) NOTICE OF SHERIFF’S SALE On 09-30-16 at 10:00 a.m. at the Polk County Sheriff’s Office, located at 850 Main St. Dallas, OR. 97338, the defendant’s inter- est will be sold, subject to re- demption, in the real property lo- cated at 1380 Picture St. Inde- pendence, OR. 97351. The court case number is 13P10549, where DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004- N C 6 , M O R T G AG E PA S S - THROUGH CERTIFICATES, SE- RIES 2004-NC6, its successors in interest and/or assigns is plaintiff, and DAVID MOLINA; JOSE ENRIQUE MOLINA; AND OCCUPANTS OF THE PREMIS- ES is defendant. The sale is a public auction to the highest bidder 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:// oregonsheriffssales.org/ (Aug. 31; Sept. 7, 14, 21, 2016) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF POLK THE BANK OF NEW YORK MELLON, F/K/A THE BANK OF NEW YORK, AS SUCCESSOR- IN-INTEREST TO JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-3, ASSET-BACKED CERTIFI- CATES, SERIES 2006-3, Plaintiff, v. PETER SHORT AKA PETER ANDREW SHORT; AUBREY SHORT AKA AUBREY LYNNE SHORT; EMC MORTGAGE CORPORATION; VALLEY CREDIT SERVICE INC.; STATE OF OREGON; OCCUPANTS OF THE PROPERTY Defendants. Case No.: 15CV14991 SUMMONS BY PUBLICATION To: PETER SHORT AKA PETER ANDREW SHORT You are hereby required to appear and defend the Com- plaint filed against you in the above entitled cause within thirty (30) days from the date of service of this summons upon you, and in case of your failure to do so, for want there- of, Plaintiff will apply to the court for the relief demanded in the Complaint. NOTICE TO DEFENDANT: READ THESE PAPERS CAREFULLY! You must "appear" 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 "an- swer." The "motion" or "an- swer" (or "reply") must be given to the court clerk or ad- ministrator within 30 days of the date of first publication specified herein along with the required filing fee. It must be in proper form and have proof of service on the plaintiff's at- torney or, if the plaintiff does not have an attorney, proof of service on the plaintiff. If you have questions, you should see an attorney imme- diately. If you need help in finding 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. The relief sought in the Complaint is the foreclosure of the property located at 2254 Deerwind Avenue NW, Salem, OR 97304. Date of First Publication: August 31, 2016. McCarthy & Holthus, LLP s/ Casey C. Pence [ ] Casey C. Pence, OSB #975271 [ ] Amber Labrecque, OSB# 094593 920 SW 3rd Ave, 1st Floor Portland, OR 97204 Phone: (855) 809-3977 Fax: (971) 201-3202 E-mail: cpence@mccarthyholthus.com Of Attorneys for Plaintiff (Aug. 31; Sept. 7, 14, 21, 2016) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF POLK Probate Department In the Matter of the Estate of: BARBARA E. BALOGA, deceased. No. 16PB05635 NOTICE TO INTERESTED PERSONS NOTICE IS HEREBY GIVEN that the undersigned is the Trustee of the BALOGA LIVING TRUST, dated October 13, 2010, and BARBARA E. BALO- GA was the settlor. All persons having claims against the sett- lor or the trust estate are re- quired to present them with proper vouchers to the under- signed Trustee at Evans Batlan Getchell LLC, Attorneys at Law, 969 - 13th Street S.E., Salem, Oregon 97302, within four months after the date of first publication of this notice, or claims may be barred. Dated this 19th day of Au- gust, 2016. SHANNON J. CARNEY, Trustee TRUSTEE: SHANNON J. CARNEY 2280 Simmons St. NW Salem, OR 97304 (503) 566-6661 ATTORNEY FOR TRUSTEE: CECELIA L. BATLAN, OSB #082560 Evans Batlan Getchell, LLC Attorneys at Law 969 - 13th Street S.E. Salem, OR 97302-2504 (503) 588-5670 (503) 588-5673 - Fax celia@kevanslaw.com (Aug. 31; Sept. 7, 14, 2016) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR POLK COUNTY Juvenile Department In the Matter of HARMONY BALLARD, TRYNYTY BALLARD, SYRYNYTY BALLARD Children. Case No. 16JU05959 Case No. 16JU05960 Case No. 16JU05961 PUBLISHED SUMMONS TO: Hannah Jones IN THE NAME OF THE STATE OF OREGON: A petition has been filed asking the court to establish jurisdiction under ORS 419B.100 for the above-named children. YOU ARE REQUIRED TO PERSONALLY APPEAR BE- FORE the Polk County Court at 850 Main Street, Dallas, Ore- gon 97338, on the 6th day of October, 2016 at 4:00 p.m. to admit or deny the allegations of the petition and to personal- ly appear at any subsequent court-ordered hearing. YOU MUST APPEAR PERSONALLY IN THE COURTROOM ON THE DATE AND AT THE TIME LIST- ED ABOVE. AN ATTORNEY MAY NOT ATTEND THE HEAR- ING IN YOUR PLACE. THERE- FORE, YOU MUST APPEAR EVEN IF YOUR ATTORNEY ALSO APPEARS. This summons is pub- lished pursuant to the order of the circuit court judge of the above-entitled cour t, dated August 18, 2016. The order directs that this sum- mons be published once each week for three consecutive weeks, making three publica- tions in all, in a published newspaper of general circula- tion in Polk County. Date of first publication: August 31, 2016 Date of last publication: September 14, 2016 NOTICE READ THESE PAPERS CAREFULLY IF YOU DO NOT APPEAR PERSONALLY BEFORE THE COURT OR DO NOT APPEAR AT A N Y S U B S E Q U E N T COURT-ORDERED HEARING, the court may proceed in your absence without further notice and take jurisdiction of the above-named children either ON THE DATE SPECIFIED IN THIS SUMMONS OR ON A FU- TURE DATE, and may make such orders and take such ac- tion as authorized by law. RIGHTS AND OBLIGATIONS (1)YOU HAVE A RIGHT TO BE REPRESENTED BY AN AT- TORNEY IN THIS MATTER. If you are currently represented by an attorney, CONTACT YOUR ATTORNEY IMMEDIATE- LY UPON RECEIVING THIS NO- TICE. Your previous attorney may not be representing you in this matter. IF YOU CANNOT AFFORD TO HIRE AN ATTORNEY and you meet the state's financial guidelines, you are entitled to have an attorney appointed for you at state expense. TO RE- QUEST APPOINTMENT OF AN ATTORNEY TO REPRESENT YOU AT STATE EXPENSE, YOU MUST IMMEDIATELY CONTACT the Polk County Circuit Court at 850 Main Street, Dallas, Ore- gon 97338, phone number (503) 623-1885, between the hours of 8:00 a.m. and 5:00 p.m. for further information. IF YOU WISH TO HIRE AN AT- TORNEY, please retain one as soon as possible and have the attorney present at the above hearing. If you need help find- ing 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 ARE REPRESENTED BY AN ATTORNEY, IT IS YOUR RESPONSIBILITY TO MAIN- TAIN CONTACT WITH YOUR AT- TORNEY AND TO KEEP YOUR ATTORNEY ADVISED OF YOUR WHEREABOUTS. (2) If you contest the peti- tion, the court will schedule a hearing on the allegations of the petition and order you to appear personally and may schedule other hearings relat- ed to the petition and order you to appear personally. IF YOU ARE ORDERED TO AP- PEAR, YOU MUST APPEAR PERSONALLY IN THE COURT- ROOM, UNLESS THE COURT HAS GRANTED YOU AN EX- CEPTION IN ADVANCE UNDER ORS 419B.918 TO APPEAR BY OTHER MEANS INCLUDING, BUT NOT LIMITED TO, TELE- PHONIC OR OTHER ELEC- TRONIC MEANS. AN ATTOR- NEY MAY NOT ATTEND THE HEARING(S) IN YOUR PLACE. PETITIONER'S ATTORNEY Sarah S Morris Senior Assistant Attorney General Department of Justice 1162 Court Street NE Salem, OR 97301-4096 Phone: (503) 934-4400 ISSUED this 24th day of Au- gust, 2016. Issued by: Sarah S Morris #964319 Senior Assistant Attorney General (Aug. 31; Sept. 7, 14, 2016) NOTICE TO INTERESTED PERSONS IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR POLK COUNTY. In the Matter of the Estate of JOHN M. SHAPLEY, Deceased, No.16PB05447. NOTICE IS HEREBY GIVEN that the undersigned has been appointed personal represen- tative of the above estate. All persons having claims against the estate are required to pres- ent them within four months after the date of the first publi- cation of this notice, to the per- sonal representative in care of Lane P. Shetterly, at the ad- dress appearing below, or they may be barred. ALL persons whose rights may be affected by the pro- ceeding may obtain additional information from the records of the Court, the personal rep- resentative or the attorneys for the personal representative. DATED and first published this 31st day of August, 2016. Robert W. Shapley Personal Representative LANE P. SHETTERLY SHETTERLY, IRICK & OZIAS Attorneys at Law PO Box 105 Dallas, Oregon 97338 Telephone: 503-623-6695 Fax: 503-623-6698 (Aug. 31; Sept. 7, 14, 2016) NOTICE OF PUBLIC SALE OF COLLATERAL THE UNIFORM COMMERCIAL CODE OF OREGON Polk County Storage 590 Hoffman Rd. Independence, OR 97351 (503) 838-4224 TO: NAME UNIT SIZE ELIJAH JOHNSON 3-26 5x10 DENZEL ROBINSON 5-4 6x12 climate ROBIN BUSS 8-3 6x12 climate ADAM BOWEN 8-8 6x12 climate JARED/AMANDA KEENER 8-27 5x12 climate PAMELA AND RANDALL LAWRENCE 13-6 10x15 KAYLA ADAIR 16-43 5x10 SHAWNA CASEY 17-12 10x15 Notice is hereby given that at the hour of 1:00 pm on Sep- tember 25, 2016 the under- signed will sell at Public Sale the personal property of above named debtors which is now stored at the above referenced storage complex and is being sold for past due rent. The said goods are held by the above referenced storage complex as collateral securing obligations of the above named debtors to the above named storage complex and are to be sold pursuant to The Uniform Commercial Code of Oregon which provides for the sale of collateral by a se- cured party following default by a debtor. Goods will be sold at 590 Hoffman Rd. Independence, OR where they are now locat- ed. Sale will be conducted as a verbal auction where the high- est bidder gets the entire unit. Unit will be open for viewing for 10 minutes before bidding begins. Auction will begin at 1:00 pm. The goods will be offered as a unit and the right to reject any or all bids is reserved. POSTED AT: THE POLK COUNTY STORAGE OFFICE www.polkcountystorage.com/ storage-unit-auction/ August 24, 2016. be toxic. Prospective pur- chasers of residential property should be aware of this poten- tial danger before deciding to place a bid for this property at the trustee's sale. DATED: 7/5/16 By Katrina E. Glogowski, OSB#035386 (Aug. 31; Sept. 7, 2016) (Aug. 24, 31; Sept. 7, 14, 2016) Reference is made to that cer- tain trust deed made by Evan F. Va n g e s t e l a n d J a c e e Vangestel, Grantor(s), to U.S. Bank Trust Company, National Association, trustee, in favor of U.S. Bank National Associa- tion ND, as beneficiary, record- ed 01/05/2011, in the Records of Polk County, Oregon as In- strument No. 2011-000166, and Glogowski Law Firm, Katrina E. Glogowski, being the suc- cessor trustee, covering the following described real prop- erty situated in the above- mentioned county and state, to wit: APN: 150376; Beginning at a point in the center of the LaCreole Creek 1812.39 feet South 89°53-1/2' West and 193.17 feet South 46°56-1/2' West from the re-entrant cor- ner of the South line of the Thomas J. Lovelady Donation Land Claim No. 63 in Township 7 South, Range 5 West of the Willamette Meridian in Polk County, Oregon, from which an iron pipe bears South 23° 31' East 49.0 feet; and running thence South 23° 31' East 125.0 feet to an iron pipe on the North line of the County Road; thence South 66° 29' West 209.85 feet to an iron pipe on the North line of said road; thence North 23° 31' West 50.5 feet to a point in the center of said creek; thence North 46° 56-1/2' East 222.7 feet to the place of beginning; Commonly known as 1884 Miller Ave SE, Dallas, OR 97338. 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 recorded pursuant to section 86.753(3) of Oregon Revised Statutes. The default for which foreclosure is made is grantor's failure to pay when due the following sums: delinquent monthly payments in the amount of $19,311.10 as of 07/15/2016; 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 obligations secured by said deed of trust immediately due and payable, said sums being the following, to wit:The sum of $126007.85 tog ether with delinquent monthly payments from 02/05/2015 totaling the amount of $19,311.10 thru 07/15/2016; any further sums advanced by the beneficiary for the protec- tion of the above described real property and its interest t h e r e i n ; a n d p r e p ay m e n t penalties/premiums, if applica- ble. Whereof, notice is hereby given that Glogowski Law Firm, Katrina E. Glogowski, the undersigned trustee, will on 11/22/16 at 11:00, as estab- lished by ORS 187.110, at the following place: at the main entrance of the Polk County Courthouse, 850 Main Street, Dallas, OR sell at public auc- tion 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 interest 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 ORS 86.753 has the right to have the foreclosure proceeding dismissed and the trust deed reinstated by payment 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 ten- dering the performance re- quired under the obligation or trust deed, at any time prior to five days before the date last set for sale. Notice is hereby given that reinstatement or payoff quotes requested pur- suant to ORS 86.757 and 86.759 must comply with that statute. Due to potential con- flicts with federal law, persons having no record legal or equi- table interest in the subject property will only receive in- formation concerning the sale status and the opening bid. 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 persons owing an obli- gation, the performance of which is secured by said trust deed, the words "trustee" and "beneficiary" include their re- spective successors in inter- est, if any. If the Trustee is un- able to convey title for any rea- son, the successful bidder's sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bidder shall have no further recourse. 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 CIRCUIT COURT OF OREGON COUNTY OF POLK In the Matter of THE PATRICK D. COTTER REVOCABLE LIVING TRUST DATED AUGUST 5, 2015 CASE No. 16PB05343 NOTICE TO CLAIMANTS NOTICE IS HEREBY GIVEN that the undersigned is Trustee under the Patrick D. Cotter Rev- ocable Living Trust dated Au- gust 5, 2015. All persons hav- ing claims against the trust es- tate are required to present them, with vouchers attached, to the undersigned Trustee at Pioneer Trust Bank, N.A, Attn: Mandy Mullmann, PO Box 2305, Salem, OR 97308, within four months after the date of first publication of this notice, or the claims may be barred. The name of the Settlor of the trust is Patrick D. Cotter. All persons whose rights may be affected by the pro- ceedings may obtain additional information from the records of the court, the personal repre- sentative, or the attorneys for the personal representative, Saalfeld Griggs PC. Dated and first published August 24, 2016. Pioneer Trust Bank, N.A., Trustee of the Patrick D. Cotter Revocable Living Trust dated August 5, 2015, Petitioner By: Mandy Mullmann, Trust Officer Attorney For Petitioner: Jeffrey G. Moore, OSB # 982973 Saalfeld Griggs PC PO Box 470 Salem, OR 97308 Phone: (503) 399-1070 Fax: (503) 371-2927 Email: jmoore@sglaw.com Petitioner: Pioneer Trust Bank, N.A. Mandy Mullmann, Trust Officer PO Box 2305 Salem, OR 97308 Phone: (503) 363-3136 Ext. 213 (Aug. 24, 31; Sept. 7, 2016) TRUSTEE'S NOTICE OF SALE File No. 8239.20054 Ref- erence is made to that certain trust deed made by Mueller Acres, LLC etal and Katherine Christine Mueller, as tenants in common, as grantor, to Matthew M. Chakoian, Attor- ney at Law, as trustee, in favor of Veristone Mortgage, LLC, as beneficiary, dated 11/04/15, recorded 12/18/15, in the mortgage records of Polk County, Oregon, as 2015- 013550 and subsequently as- signed to Bridge Loan Ven- ture IV Trust 2015-1 by As- signment recorded as 2016- 006563, covering the following described real property situat- ed in said county and state, to wit: BEGINNING AT AN IRON PIPE IN THE SOUTH LINE OF A PUBLIC ROAD 60.7 LINKS SOUTH 30degrees 42' EAST AND 2.59 CHAINS SOUTH 59degrees 18' WEST FROM THE SOUTHEAST CORNER OF BLOCK 8, MCNARY IN SECTION 35, TOWNSHIP 7 SOUTH, RANGE 4 WEST OF THE WILLAMETTE MERIDIAN, IN POLK COUNTY, OREGON; THENCE SOUTH 16degrees EAST 30.88 CHAINS TO AN IRON ROD; THENCE SOUTH 10degrees 19' EAST 10.10 CHAINS TO AN IRON BAR; THENCE WEST 39.70 CHAINS TO AN IRON PIPE IN THE EAST LINE OF THE COUNTY ROAD; THENCE ALONG SAID EAST LINE, NORTH 21de- grees 19' EAST 12.103 CHAINS TO AN IRON PIPE; THENCE NORTH 21degrees 27' EAST 3.026 CHAINS TO AN IRON ROD; THENCE NORTH 22degrees 13' EAST 2.663 CHAINS TO AN IRON PIPE; THENCE NORTH 22degrees 58' EAST 3.026 CHAINS TO AN IRON PIPE; THENCE NORTH 23degrees 10' EAST 10.864 CHAINS TO AN IRON PIPE; T H E N C E L E AV I N G S A I D COUNTY ROAD, AND RUN- NING NORTH 59degrees 18' EAST ALONG THE SOUTH LINE OF A PUBLIC ROAD, 20.26 CHAINS TO THE POINT OF BEGINNING. SAVE AND EXCEPT: BEGINNING ON THE SOUTH LINE OF ALBERT STREET AT AN IRON PIPE WHICH IS 40.00 FEET SOUTH 30degrees 42' EAST AND 170.94 FEET SOUTH 59de- grees 18' WEST FROM THE SOUTHEAST CORNER OF BLOCK 8, MCNARY IN SEC- TION 35, TOWNSHIP 7 SOUTH, RANGE 4 WEST OF THE WILLAMETTE MERIDIAN, POLK COUNTY, OREGON; THENCE SOUTH 16degrees EAST 786.33 FEET TO AN IRON ROD; THENCE SOUTH 59degrees 18' WEST 575.00 FEET TO AN IRON ROD; THENCE NORTH 16degrees WEST 786.33 FEET TO AN IRON ROD ON THE SOUTH LINE OF SAID ALBERT STREET; THENCE NORTH 59degrees 10' EAST 575.00 FEET TO THE POINT OF BE- GINNING. PROPERTY AD- DRESS: 930 Independence Highway Independence, OR 97351 Both the beneficiary and the trustee have elected to sell the real property to sat- isfy the obligations secured by the trust deed and a notice of default has been recorded pursuant to Oregon Revised Statutes 86.752(3); the default for which the foreclosure is made is grantor's failure to pay when due the following sums: monthly payments of $6,715.00 beginning 04/01/16; plus late charges of $671.50 each month beginning ; plus prior accrued late charges; plus advances; together with title expense, costs, trustee's fees and attorney's fees in- curred herein by reason of said default; any further sums advanced by the beneficiary 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 obligation secured by the trust deed immediately due and payable, said sums being the following, to wit: $671,500.00 with interest thereon at the rate of 12 per- cent per annum beginning 03/01/16; plus late charges of $671.50 each month begin- ning until paid; plus prior ac- crued late charges; plus ad- vances; together with title ex- pense, costs, trustee's fees and attorneys fees incurred herein by reason of said de- fault; any further sums ad- vanced by the beneficiary for the protection of the above described real property and its interest therein; and pre- payment penalties/premiums, if applicable. WHEREFORE, notice hereby is given that the undersigned trustee will on December 28, 2016 at the hour of 10:00 AM. in accord with the standard of time es- tablished by ORS 187.110, at the following place: inside the new lobby at the Jefferson Street entrance of the Polk County Courthouse, 850 Main Street, 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 described r e a l p ro p e r t y w h i ch t h e grantor had or had power to convey at the time of the exe- cution by grantor of the trust deed, together with any inter- est which the grantor or grantor's successors in inter- est acquired after the execu- tion of the trust deed, to sat- isfy the foregoing obligations thereby secured and the costs and expenses of sale, including a reasonable charge by the trustee. Notice is further given that for rein- statement or payoff quotes requested pursuant to ORS 86.786 and 86.789 must be timely communicated in a written request that complies with that statute addressed to the trustee's "Urgent Request Desk" either by personal de- livery to the trustee's physi- cal offices (call for address) or by first class, certified mail, return receipt request- ed, addressed to the trustee's post office box address set forth in this notice. Due to po- tential conflicts with federal l aw, p e rs o n s h av i n g n o record legal or equitable in- terest in the subject property will only receive information concerning the lender's esti- mated or actual bid. Lender bid information is also avail- able at the trustee's website, www.northwesttrustee.com. Notice is further given that any person named in ORS 86.778 has the right, at any time prior to five days before the date last set for the sale, to have this 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 the prin- cipal as would not then be due had no default occurred) and by curing any other de- fault complained of herein that is capable of being cured by tendering the performance required under the obligation or trust deed, and in addition to paying said sums or ten- dering the performance nec- essary to cure the default, by paying all costs and expens- es actually incurred in enforc- ing the obligation and trust deed, together with trustee's and attorney's fees not ex- ceeding the amounts provid- ed by said ORS 86.778. Re- quests from persons named in ORS 86.778 for reinstate- ment quotes received less than six days prior to the date set for the trustee's sale will be honored only at the discre- tion of the beneficiary or if re- quired by the terms of the loan documents. In constru- ing this notice, the singular includes the plural, the word "grantor" includes any suc- cessor in interest to the grantor as well as any other person owing an obligation, the performance of which is secured by said trust deed, and the words "trustee" and "beneficiary" include their re- spective successors in inter- est, if any. Without limiting the trustee's disclaimer of representation or warranties, Oregon law requires the trustee to state in this notice that some residential proper- ty sold at a trustee's sale may have been used in manufac- turing 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. The trustee's rules of auction may be accessed at www.north- westtrustee.com and are in- corporated by this reference. You may also access sale sta- t u s a t w w w. n o r t h w e s t - trustee.com and www.USA- Foreclosure.com. For further information, please contact: Nanci Lambert Northwest Trustee Services, Inc. P.O. Box 997 Bellevue, WA 98009- 0997 586-1900 File No.8239.20054/Mueller Acres, LLC and Mueller, Katherine C. and Lisec, Katerine A. and Benjamin R. (TS# 8239.20054) 1002.288048-File No. (Sept. 7, 14, 21, 28, 2016)