NOTICE OF DEFAULT AND FORECLOSURE SALE
FHA # 4314903243, TS#14-13096-25
WHEREAS, on 10/22/2009, a certain (Deed of Trust) was executed by Clarence J. Croeni, as Trustor, in favor of Wells Fargo Bank, N.A., as Beneficiary, and Fidelity National Title Insurance, as Trustee and was Recorded on 10/27/2009 as Instrument No. 2009-094373, in the office of the Washington County, Oregon Recorder, and WHEREAS, the Deed of Trust was insured by the UNITED STATES SECRETARY OF HOUSING AND URBAN DEVELOPMENT, (the Secretary) pursuant to the National Housing Act for the purpose of providing single family housing; and WHEREAS, the beneficial interest in the Deed of Trust is now owned by the Secretary, pursuant to an assignment recorded on 2/7/2013, as Instrument # 2013-012019 in the office of the Washington County, Oregon Recorder, and WHEREAS, a default has been made by reason of failure to pay all sums due under the Deed of Trust, pursuant to Paragraph 9 Subsection (i) of said deed of Trust and WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Deed of Trust to be immediately due and payable, NOW THEREFORE, pursuant to power vesting in me by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR part 27, subpart B, and by the Secretary’s designation of us as Foreclosure Commissioner” notice is hereby given that on 6/16/2016 at 11:00 a.m. local time, all real and personal property at or used in connection with following described premises (“Property”) will be sold at public auction to the highest bidder: Commonly known as: 5450 NW Cornelius Pass Road, Hillsboro, OR 97124 APN: 1N223AC-03000 More thoroughly described as: Please see attached Exhibit “A”. The sale will be held at the following location: At the 2nd Avenue entrance of the Washington County Courthouse, 145 NE 2nd Avenue, Hillsboro, OR 97124. Per The Secretary of Housing and Urban Development the estimated opening bid will be $471,875.33. There will be no pro-ration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before the closing, his prorate share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale. When making a bid, all bidders except the Secretary must submit a deposit totaling ten percent (10%) of the Secretary’s estimated bid amount, in the form of a cashier’s check made payable to the Foreclosure Commissioner Cimarron Trustee Services. Each oral bid need not be accompanied by a deposit. If the successful bid is an oral, a deposit of $47,187.53 must be presented before the bidding is closed. The deposit is nonrefundable. The remainder of the purchase price must be delivered within 30 days of the sale or at such time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a cashier’s or certified check. If the Secretary is the high bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveyancing fees, all real estate and other taxes that are due on or after the delivery of the remainder of the payment and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them. The Secretary may grant an extension of time with which to deliver the remainder of the payment. All extensions will be fore 9-day increments for a fee of $600.00 paid in advance. The extension fee shall be in the form of certified or cashier’s check made payable to the commissioner. If the high bidder closed the sale prior to the expiration period, the unused portion of the extension fee shall be applied toward the amount due. If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the Foreclosure Commissioner after consultation with the HUD Field Office representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of HUD Field Office Representative, offer the property to the second highest bidder to an amount equal to the highest price offered by that bidder. There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as proved herein HUD does not guarantee that the property will be vacant. The amount that must be paid by the Mortgagor, to stop the sale prior to the scheduled sale date is $471,675.33 as of 6/15/2016, PLUS all other amounts that are due under the mortgage agreement. Plus advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner’s attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents. Plus a commission for the Foreclosure commissioner and all other costs incurred in the connection with the foreclosure prior to reinstatement. Date: April 14, 2016 FORECLOSURE COMMISSIONER: CIMARRON SERVICE CORP, of NEVADA 425 Mechem Drive Ruidoso, NM 88345 Telephone No. (575) 808-8394 Facsimile No. (575) 808-8397 Exhibit A LEGAL DESCRIPTION Parcel 1: A tract of land situated in the Northeast one-quarter of Section 23, Township 1 North, Range 2 West of the Willamette Meridian, in the County of Washington and State of Oregon, being more particularly described as follows: Beginning at the Southwest corner of that tract described in a contract between Clarence J. Croeni and International Church of the Foursquare Gospel, recorded September 23, 1981 on Document Number 81032337, Washington County Deed Records; thence North 87°59’51” West, 162.83 feet; thence South 19°48’43” West, 150.24 feet; thence North 62°19’58” West 178.32 feet to the Easterly line of that tract dedicated to the use of the public as public way in Document Number 81024913, Washington County Deed Records; thence South 27°40’02” West, along the Easterly line of said tact described in Document Number 81024913, a distance of 142.90 feet to the most Westerly North line of that tract conveyed to Lutz Development Co., an Oregon corporation, recorded in book 1113, Page 833, Deed Records; thence along the boundaries of the said Lutz tract the following courses and distances; South 62°27’21” East, 5.00 feet to the beginning of a tangent 200.00 foot radius curve to the right; thence Southeasterly 102.48 feet along the arc of said curve through a central angle of 29°21’26”; thence South 87°59’51” East 283.09 feet to a point which lies North 87°59’51” West, 300.00 feet from the Southeast corner of that tract described in a quitclaim deed to Clarence J. Coreni recorded on Document Number 82109734, Deed Records; thence leaving the boundary of said Lutz tract, North 16°15’29” East, 270.61 feet to the point of beginning. EXCEPTING THEREFROM that portion conveyed to Washington County by Dedication Deed recorded July 17, 1981, Fee No. 81024913, Deed Records. FURTHER EXCEPTING THEREFROM that portion conveyed to Cornelius Pass Properties by Warranty Deed recorded March 21, 1989, Fee No. 89012140, Deed Records. Parcel 2: A tract of land situate in the Northeast one-quarter of Section 23, Township 1 North, Range 2 West of the Willamette Meridian, in the County of Washington and State of Oregon, more particularly described as follows: Beginning at a point which bears South 1°57’57” West, a distance of 399.78 feet and North 88°02’10” West, a distance of 299.84 feet from the Southwest corner of Lot 1 of the plat of ROCK CREEK RANCH, as recorded in Plat Book 37, Page 30, Washington County Records; thence South 20°26’37” West, a distance of 32.02 feet; thence North 73°32’42” West, a distance of 121.35 feet; thence South 88°02’10” East, a distance of 127.64 feet to the point of beginning.
Published May 26, June 2 & 9, 2016.