TRUSTEE’S NOTICE OF SALE
TS No. OR05000080-15-1 APN 05014656/12E36DC05000 TO No 8550691 Reference is made to that certain Trust Deed made by, TIMOTHY J MOOTHART as Grantor to FIRST AMERICAN TITLE as Trustee, in favor of dated as of April 27, 2009 and recorded on May 1, 2009 as Instrument No. 2009-030027 and the beneficial interest was assigned to Green Tree Servicing LLC and recorded December 1, 2014 as Instrument Number 2014-061509 of official records in the Office of the Recorder of Clackamas County, Oregon to-wit: APN: 05014656/12E36DC05000 LOT 34, BELLA CASA, IN THE CITY OF HAPPY VALLEY, COUNTY OF CLAKAMAS AND STATE OF OREGON. Commonly known as: 12498 SE BARI AVE , HAPPY VALLEY, OR 97086 Both the Beneficiary, Ditech Financial LLC formerly known as Green Tree Servicing LLC, and the Trustee, Nathan F. Smith, Esq., OSB #120112, 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 86.735(3) of Oregon Revised Statutes. The default for which the foreclosure is made is the Grantor’s failure to pay: failed to pay payments which became due Monthly Payment(s): 1 Monthly Payment(s) from 12/01/2014 to 12/01/2014 at $3,833.20 1 Monthly Payment(s) from 01/01/2015 to 01/01/2015 at $4,195.61 6 Monthly Payment(s) from 02/01/2015 to 07/01/2015 at $4,201.41 1 Monthly Payment(s) from 08/01/2015 to 08/01/2015 at $4,313.24 1 Monthly Payment(s) from 09/01/2015 to 09/01/2015 at $4,313.29 1 Monthly Payment(s) from 10/01/2015 to 10/01/2015 at $4,328.72 1 Monthly Payment(s) from 11/01/2015 to 11/01/2015 at $4,326.62 1 Monthly Payment(s) from 12/01/2015 to 12/01/2015 at $4,322.32 1 Monthly Payment(s) from 01/01/2016 to 01/01/2016 at $4,323.82 1 Monthly Payment(s) from 02/01/2016 to 02/01/2016 at $4,325.47 Monthly Late Charge(s): Total Monthly Late Charge(s) at $1,676.44 By this reason of said default the Beneficiary has declared all obligations secured by said Trust Deed immediately due and payable, said sums being the following, to-wit: The sum of $349,345.07 together with interest thereon at the rate of 5.50000% per annum from November 1, 2014 until paid; plus all accrued late charges thereon; and all Trustee’s fees, foreclosure costs and any sums advanced by the Beneficiary pursuant to the terms of said Trust Deed. Wherefore, notice is hereby given that, the undersigned Trustee will on June 24, 2016 at the hour of 11:00 AM, Standard of Time, as established by Section 187.110, Oregon Revised Statues, at the arbor & water feature located immediately on the north side of the Clackamas County Courthouse steps, 807 Main Street, Oregon City, OR 97045 County of Clackamas, 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 execution by him of the said Trust Deed, together with any interest which the Grantor or his successors in interest acquired after the execution of said 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 any person named in Section 86.753 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 or attorney’s fees and curing any other default complained of in the Notice of Default by tendering the performance required under the obligation or Trust Deed, at any time prior to five days before the date last set for sale. Without limiting the Trustee’s disclaimer of representations or warranties, Oregon 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 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. In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word “Grantor” includes any successor in interest to the Grantor as well as any other persons owing an obligation, the performance of which is secured by said Trust Deed, the words “Trustee” and “Beneficiary” includes their respective successors in interest, if any. Dated: February 5, 2016 By: Nathan F. Smith, Esq., OSB #120112 Successor Trustee Malcolm & Cisneros, A Law Corporation Attention: Nathan F. Smith, Esq., OSB #120112 c/o TRUSTEE CORPS 17100 Gillette Ave, Irvine, CA 92614 949-252-8300 FOR SALE INFORMATION PLEASE CALL: In Source Logic at 702-659-7766 Website for Trustee’s Sale Information: www.insourcelogic.com. Order No. OR16-000048-1. Pub Dates 03/02/2016, 03/09/2016, 03/16/2016, 03/23/2016.
Published Mar. 2, 9, 16 & 23, 2016.