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)