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About Polk County itemizer observer. (Dallas, Or) 1992-current | View Entire Issue (Nov. 2, 2016)
Polk County News TRUSTEE'S NOTICE OF SALE T.S. No.: OR-16-734127-AJ Ref- erence is made to that certain d e e d m a d e b y, J O H N CHARLESTON, A MARRIED MAN as Grantor to WELLS FARGO FINANCIAL NATIONAL BANK, C/O SPECIALIZED SERVICES, as trustee, in favor of WELLS FARGO BANK, N.A. , as Beneficiary, dated 12/4/2006 , recorded 12/26/2006 , in offi- cial records of POLK County, Oregon in book/reel/volume No. and/or as fee/file/instru- ment/ microfilm / reception number 2006-021001 and sub- sequently assigned or trans- ferred by operation of law to WELLS FARGO BANK, NA cov- ering the following described real property situated in said County, and State, to-wit: APN: 307181 08512-00-00700 BEGIN- NING AT AN IRON PIPE WHERE THE EAST BOUNDARY OF THE ABANDONED RIGHT OF WAY OF THE DALLAS TO MONMOUTH BRANCH OF THE SOUTHERN PACIFIC RAIL- ROAD INTERSECTS WITH THE NORTH BOUNDARY OF THE MELVIN D. STURGESS DONA- TION LAND CLAIM, NOTIFICA- TION NO. 1523, CLAIM NO.39 IN SECTION 12, TOWNSHIP 8 SOUTH, RANGE 5 WEST OF THE WILLAMETTE MERIDIAN IN POLK COUNTY, OREGON, WHICH IRON PIPE IS 5.78 CHAINS EAST OF THE IRON PIPE AT THE NORTHWEST CORNER OF SAID CLAIM NO. 39; THENCE EAST A DISTANCE OF 31.55 CHAINS TO AN IRON PIPE ON THE WEST BOUND- ARY OF SAID HIGHWAY 99 W; THENCE SOUTH 06 DEGREES 35 MINUTES WEST A DIS- TANCE OF 13.93 CHAINS TO AN IRON PIPE ON THE WEST BOUNDARY OF SAID HIGH- WAY; THENCE WEST A DIS- TANCE OF 26.19 CHAINS TO AN IRON PIPE ON THE EAST BOUNDARY OF SAID RAIL- ROAD RIGHT OF WAY; THENCE NORTH 15 DEGREES 15 MIN- UTES WEST A DISTANCE OF 14.35 CHAINS TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT, TO- WIT: BEGINNING AT THE NORTH- EAST CORNER OF THE ABOVE DESCRIBED TRACT; THENCE SOUTH 06 DEGREES 35 MIN- UTES WEST A DISTANCE OF 264.0 FEET; THENCE WEST A DISTANCE OF 825.0 FEET; THENCE NORTH 06 DEGREES 35 MINUTES EAST A DIS- TA N C E O F 2 6 4 . 0 F E E T; THENCE EAST A DISTANCE OF 825.0 FEET TO THE PLACE OF BEGINNING. Commonly known as: 3410 ADAMS ROAD, DALLAS, OR 97338 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 in- terest, with respect to provi- sions therein which authorize sale in the event of such provi- sion. The default for which fore- closure is made is grantor's failure to pay when due the fol- lowing sums: Delinquent Pay- ments: Payment Information From Through Total Payments 10/22/2015 9/21/2016 $6,698.12 Late Charges From Through Total Late Charges 10/22/2015 9/21/2016 $0.00 Beneficiary's Advances, Costs, And Expens- es Attorney Fees $609.00 Prop- erty Preservation $182.00 Fees $51.00 Total Advances: $842.00 TOTAL FORECLOSURE COST: $1,724.77 TOTAL REQUIRED TO REINSTATE: $9,264.89 TOTAL R E Q U I R E D T O PAYO F F : $39,230.41 By reason of the default, the beneficiary has declared all sums owing on the obligation secured by the trust deed immediately due and payable, those sums being the following, to- wit: The installments of principal and interest which became due on 10/22/2015, and all subsequent installments of principal and interest through the date of this Notice, plus amounts that are due for late charges, delinquent property taxes, insurance premiums, advances made on senior liens, taxes and/or insurance, trustee's fees, and any attor- ney fees and court costs aris- ing from or associated with the beneficiaries efforts to protect and preserve its secu- rity, all of which must be paid as a condition of reinstate- ment, 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 pur- suant to the terms of the loan documents. Whereof, notice hereby is given that Quality Loan Service Corporation of Washington, the undersigned trustee will on 12/27/2016 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 rea- sonable 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 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 tender- ing the performance required under the obligation or trust deed, at any time prior to five days before the date last set for sale. Other than as shown of record, neither the benefici- ary nor the trustee has any ac- tual notice of any person hav- ing 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 JOHN CHARLESTON 3410 ADAMS ROAD DALLAS, OR 97338 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-16- 734127-AJ Dated: 8/3/2016 Quality Loan Service Corpora- tion of Washington, as Trustee Signature By: ____ __ Maria Montana, 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 #0112933 10/12/2016 10/19/2016 10/26/2016 11/2/2016 (Oct. 12, 19, 26; Nov. 2, 2016) TRUSTEE'S NOTICE OF SALE File No. 7236.25988 Reference is made to that certain trust deed made by Mark K. Patter- son and Penny J. Patterson, husband and wife, as grantor, to T.D. Service Company, a Cal- ifornia Corporation, as trustee, Polk County Itemizer-Observer • November 2, 2016 13A in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Quality Home Loans, its successors and as- signs, as beneficiary, dated 09/26/06, recorded 10/09/06, in the mortgage records of POLK County, Oregon, as 2006- 016687 and subsequently as- signed to Citibank, N.A., as Trustee, in trust for the regis- tered Holders of CWABS, Inc., Asset-Backed Certificates, Se- ries 2006-QH2 by Assignment recorded as 2014-010414, cov- ering the following described real property situated in said county and state, to wit: Begin- ning at the Northeast corner of Tract 2, Ellendale Homes Addi- tion, Dallas, Polk County, Ore- gon; running thence South 80.0 feet; thence West 160.0 feet; thence North 110.5 feet; thence East 160.0 feet; thence South 30.5 feet to the Point of Beginning. PROPERTY AD- DRESS: 383 Southwest River Drive Dallas, OR 97338 Both the beneficiary and the trustee have elected to sell the real property to satisfy the obliga- tions 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 $928.23 beginning 12/01/09, monthly payments of $928.23 beginning 12/01/09. Monthly payments of $1,451.35 beginning 11/1/2014, monthly payments of $1,451.34 beginning 11/1/2015, monthly payments of $1,451.35 begin- ning 5/1/2016; plus advances of $10,070.35; 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 prepay- ment penalties/premiums, if applicable. By reason of said default the beneficiary has de- clared all sums owing on the obligation secured by the trust deed immediately due and payable, said sums being the following, to wit: $139,233.65 with interest thereon at the rate of 8 percent per annum beginning 11/01/09; plus ad- vances of $10,070.35; together with title expense, costs, trustee's fees and attorneys 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. WHERE- FORE, notice hereby is given that the undersigned trustee will on January 10, 2017 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 real property which the grantor had or had power to convey at the time of the execution by grantor of the trust deed, to- gether with any interest which the grantor or grantor's suc- cessors in interest acquired after the execution of the trust deed, 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 for reinstate- ment or payoff quotes request- ed pursuant to ORS 86.786 and 86.789 must be timely commu- nicated in a written request that complies with that statute addressed to the trustee's "Ur- gent Request Desk" either by personal delivery to the trustee's physical offices (call for address) or by first class, certified mail, return receipt re- quested, addressed to the trustee's post office box ad- dress set forth in this notice. Due to potential conflicts with federal law, persons having no record legal or equitable inter- est in the subject property will only receive information con- cerning the lender's estimated or actual bid. Lender bid infor- mation is also available at the trustee's website, www.north- westtrustee.com. Notice is fur- ther 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 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 principal 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 re- quired under the obligation or trust deed, and in addition to paying said sums or tendering the performance necessary to cure the default, by paying all costs and expenses actually incurred in enforcing the obli- gation and trust deed, together with trustee's and attorney's fees not exceeding the amounts provided by said ORS 86.778. Requests from persons named in ORS 86.778 for rein- statement quotes received less than six days prior to the date set for the trustee's sale will be honored only at the dis- cretion of the beneficiary or if required by the terms of the loan documents. In construing this notice, the singular in- cludes the plural, the word "grantor" includes any succes- sor 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" in- clude their respective succes- sors in interest, if any. Without limiting the trustee's dis- claimer of representation 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 purchasers of residential property should be aware of this potential dan- ger before deciding to place a bid for this property at the trustee's sale. The trustee's rules of auction may be ac- cessed at www.northwest- trustee.com and are incorporat- ed by this reference. You may also access sale status at www.northwesttrustee.com and www.USA-Foreclosure.com. For further information, please contact: Nanci Lambert North- west Trustee Services, Inc. P.O. Box 997 Bellevue, WA 98009- 0997 586-1900 Patterson, Penny and Mark (TS# 7236.25988) 1002.288047-File No. (Oct. 12, 19, 26; Nov. 2, 2016) TRUSTEE'S NOTICE OF SALE Reference is made to that certain trust deed made by DAVID A HORNSBY AND ELIZ- ABETH A HORNSBY as grantor, to LAND AMERICA as trustee, in favor of MORTGAGE ELECTRONIC REGISTRATION S Y S T E M S , I N C . , AC T I N G SOLELY AS A NOMINEE FOR E-LOAN, INC. as beneficiary, dated December 30, 2005, recorded January 4, 2006, in the mortgage records of Polk County, Oregon, as Document No. 2006-000126, and assigned to U.S. BANK NATIONAL AS- SOCIATION, AS TRUSTEE, IN TRUST FOR REGISTERED H O L D E R S O F BA N C O F AMERICA FUNDING CORPO- RATION MORTGAGE PASS- THROUGH CERTIFICATES, SE- RIES 2006-D by assignment recorded on July 29, 2015 in the records of Polk County, Oregon, as Document No. 2015-008137, covering the fol- lowing described real property situated in said county and state, to wit: PARCEL I: BEGINNING AT A POINT WHICH IS 671.02 FEET WEST AND 555.72 FEET SOUTH 02° 49` EAST FROM THE SOUTH- EAST CORNER OF THE AMOS HARVEY DONATION LAND CLAIM NO. 44 IN TOWNSHIP 6 SOUTH, RANGE 4 WEST OF THE WILLAMETTE MERIDIAN, IN THE COUNTY OF POLK AND STATE OF OREGON; SAID POINT BEING ON THE EAST RIGHT OF WAY OF A 25 FOOT ROADWAY EASEMENT; THENCE SOUTH 02° 49` EAST A L O N G S A I D R OA DWAY 496.94 FEET TO A POINT ON THE NORTH LINE OF A TRACT OF LAND SOLD BY CON- TRACT TO VERN J. KANSIER; THENCE SOUTH 89 ° 09` EAST ALONG THE NORTH LINE OF SAID KANSIER TRACT, 427.26 FEET; THENCE NORTH 00° 08` WEST 496.00 FEET; THENCE NORTH 89 ° 09` WEST 450.39 FEET TO THE POINT OF BE- GINNING. PARCEL II: THE EASTERLY 1/2 OF THE F O L L OW I N G D E S C R I B E D PROPERTY LYING IMMEDIATE- LY ADJACENT TO THAT PROP- ERTY CONVEYED TO JERRY L. PETERSON AND CHERYL PE- TERSON UNDER THAT WAR- RANTY DEED DATED 12-1977 AND RECORDED UNDER BOR 117, PAGE 580 DEED AND MORTGAGE RECORDS FOR IN THE COUNTY OF POLK AND STATE OF OREGON. A STRIP OF LAND 25.00 FEET IN WIDTH BEING 12.50 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE: BEGINNING AT A POINT WHICH IS 1232.62 FEET SOUTH 31 ° 29` WEST AND 12.53 FEET SOUTH 89 ° 11` EAST FROM THE SOUTHEAST CORNER OF THE AMOS HAR- VEY DONATION LAND CLAIM I N TOW N S H I P 6 S O U T H , RANGE 4 WEST OF THE WILLAMETTE MERIDIAN IN THE COUNTY OF POLK AND STATE OF OREGON; THENCE NORTH 2° 49` WEST 1169.70 FEET; THENCE NORTH 34 ° 41` WEST 115.37 FEET; THENCE NORTH 61° 23` WEST 56.15 FEET; THENCE SOUTH 86 ° 54` WEST 96.86 FEET; THENCE SOUTH 73 ° 48` WEST 260.24 FEET; THENCE NORTH 81° 13` WEST 74.85 FEET; THENCE NORTH 53 ° 44` WEST 108.05 FEET TO A POINT IN THE CEN- TERLINE OF ZENA ROAD, POLK COUNTY ROAD NO. 2. PROPERTY ADDRESS: 6760 Zena Road, Rickreall, OR 97371 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 successor in interest, with re- spect to provisions therein which authorize sale in the event of default of such provi- sion. The default for which foreclosure is made is grantors' failure to pay when due the following sums: princi- pal payments in the total amount of $27,115.63; plus in- terest due of $75,607.08; plus escrow payments in the total amount of in the amount of $14,126.66; together with title expense, costs, trustee's fees and attorney's fees incurred herein by reason of said de- fault; any further sums ad- vanced by the beneficiary for the protection of the above de- scribed real property and its interest therein; and prepay- ment penalties/premiums, if applicable. By reason of said default, the beneficiary has declared all sums owing on the obligation secured by said trust deed im- mediately due and payable, said sums being the following, to wit: $276,915.14 with inter- est thereon at the rate of 6.38000 percent per annum be- ginning November 1, 2011; plus escrow advances of $12,566.75; plus other fees and costs in the amount of $10,245.71; together with title expense, costs, trustee's fees and attorney's fees incurred herein by reason of said de- fault; any further sums ad- vanced by the beneficiary for the protection of the above de- scribed property and its inter- est therein; and prepayment penalties/premiums, if applica- ble. WHEREFORE, notice is hereby given that the under- signed trustee will on Decem- ber 30, 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 de- fault complained of herein that is capable of being cured by tendering 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 Seattle, WA 98104 (Oct. 12, 19, 26; Nov. 2, 2016) IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF POLK REVERSE MORTGAGE FUNDING, LLC Plaintiff, vs. THE UNKNOWN HEIRS AND DEVISEES OF RICHARD J. SMITH; DAVID SMITH; UNITED STATES OF AMERICA; STATE OF OREGON; OCCUPANTS OF THE PROPERTY, Defendants. Case No.: 16CV26318 SUMMONS BY PUBLICATION To: The Unknown Heirs and Devisees of Richard J. Smith and Occupants of the Property 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 382 50th Avenue Northwest, Salem, OR 97304. Date of First Publication: October 12, 2016. McCarthy & Holthus, LLP s/ Jeremy Clifford [ ] Casey Pence, OSB #975271 [x] Jeremy Clifford, OSB #142987 920 SW 3rd Ave, 1st Floor Portland, OR 97204 Phone: (855) 809-3977 Fax: (971) 201-3202 E-mail: jclifford@mccarthy holthus.com Of Attorneys for Plaintiff (Oct. 12, 19, 26; Nov. 2, 2016) TRUSTEE'S NOTICE OF SALE Reference is made to that certain trust deed made by PHORN YEM AND PHALLA YEM, WIFE AND HUSBAND as grantor, to FIDELITY NATION- AL TITLE INS CO as trustee, in favor of WELLS FARGO BANK, N.A. as beneficiary, dated March 2, 2010, recorded March 8, 2010, in the mortgage records of Polk County, Ore- gon, as Document No. 2010- 002198, covering the following described real property situat- ed in said county and state, to wit: LOT 103, EAGLES VIEW NO. 2, IN THE CITY OF SALEM, COUNTY OF POLK AND STATE OF OREGON PROPERTY ADDRESS: 424 Stellers Eagle St 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 successor in interest, with re- spect to provisions therein which authorize sale in the event of default of such provi- sion. The default for which foreclosure is made is grantors' failure to pay when due the following sums: monthly payments of $25,600.84 beginning May 1, 2015 through August 22, 2016; plus an unpaid advance bal- ance of $1,232.50; 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 obligation secured by said trust deed im- mediately due and payable, said sums being the following, to wit: $241,031.15 with inter- est thereon at the rate of 4.62500 percent per annum be- ginning April 1, 2015; plus es- crow advances of $5,197.43; plus a recoverable balance of $1,232.50; together with title expense, costs, trustee's fees and attorney's fees incurred herein by reason of said de- fault; any further sums ad- vanced by the beneficiary for the protection of the above de- scribed property and its inter- est therein; and prepayment penalties/premiums, if applica- ble. WHEREFORE, notice is hereby given that the under- signed trustee will on January 10, 2017, at the hour of 11:00 AM, in accord with the stan- dard of time established by ORS 187.110, at Polk County 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 de- fault complained of herein that is capable of being cured by tendering 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 chemi- cal 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 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 se- cured by the trust deed, and the words "trustee" and benefi- ciary" include their respective successors in interest, if any. Robinson Tait, P.S. 901 Fifth Avenue, Suite 400 Seattle, WA 98164 (Oct. 19, 26; Nov. 2, 9, 2016)
