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)