GRANTOR: PHILIP OBERMARCK, as his sole and separate property
GRANTOR
ASSIGNED
TITLE TO: PHILIP R. OBERMARCK and HEATHER ALEXANDER-OBERMARCK, as tenants in common
TRUSTEE: DEAN S. KAUFMAN, Attorney at Law
ORIGINAL
BENEFICIARY: FRONTIER INVESTMENT CO., an Oregon Corporation
ASSIGNMENT OF BENEFICIAL INTEREST: The beneficial interest was assigned to FRONTIER L-104-B JOINT VENTURE, by Assignment Recorded February 5, 2004, Fee No. 2004-011370, Washington County Oregon Records.
DEED OF TRUST: As follows, including its recording in the Washington County Oregon Official Records:
Date of Trust Deed: January 23, 2004
Date Recorded: January 30, 2004
Recording Numbers: Fee No. 2004-009729
DESCRIPTION OF REAL PROPERTY AND PERSONAL PROPERTY in Washington County, Oregon, covered by the Deed of Trust:
Beginning at the Southeast corner of Section 20, Township 3 North, Range 4 West, of the Willamette Meridian, in the County of Washington and State of Oregon; thence North along the East line of said Section 20, 1320 feet; thence Westerly to the East line of Market Road No. 8, in the County of Washington and State of Oregon; thence along the East line of said Market Road, Southerly to its intersection with the South line of said Section 20; thence Easterly along the South line of said Section 20 to the place of beginning.
Subject to rights of the public in and to any portion thereof lying within the boundaries of road and highways.
EXCEPTING THEREFROM that portion deeded to State of Oregon Department of Transportation recorded April 28, 1998, as Fee No. 98043709 Washington County Deed Records.
DEFAULT FOR WHICH THE FORECLOSURE is made: Failure to make the monthly installment of $1,912.46 due June 1, 2009, and each monthly installment thereafter.
SUM OWING ON THE OBLIGATION secured by the Deed of Trust: The principal balance of $264,156.09, plus accrued unpaid interest as of July 31, 2009, of $3,452.54, plus interest at the note rate of 7.875% per annum on the unpaid principal balance of $264,156.09 from August 1, 2009, until paid, plus late fees of $95.60.
ELECTION TO SELL: The Trustee elects to sell the real property to satisfy the sum owing on the obligation, which the Beneficiary has declared due.
THE SALE:
DATE: Friday, April 2, 2010
TIME: 4:00 o’clock p.m., Pacific Daylight Time as established by ORS 187.110.
PLACE: Front foyer of Washington County Courthouse, 145 NE 2nd Avenue,
Hillsboro, Oregon 97124.
The Trustee will sell the real property at oral public auction to the highest bidder for cash or cashier’s check drawn on a bank or savings and loan with an Oregon branch, paid on the day of sale, the interest which the Grantor had or had power to convey at the time of execution of the deed of trust, together with any interest of the Grantor or successors in interest acquired after execution of the deed of trust, to satisfy the sum owing on the obligation plus the expenses of sale and trustee and attorney fees.
REINSTATEMENT: Any person named in ORS 86.753 has the right to have the foreclosure proceedings dismissed and the deed of trust reinstated by payment of the entire amount due, other than such portion of the principal as would not then be due had no default occurred, and together with the costs and expenses actually incurred in enforcing the terms of the obligation, and trustee and attorney fees as prescribed by ORS 86.753, at any time prior to five days before the date set for the sale.
NOTICE TO TENANTS: If you are a tenant of this property, foreclosure could affect your rental agreement. A purchaser who buys this property at a foreclosure sale has the right to require you to move out after giving you notice of the requirement.
If you do not have a fixed-term lease, the purchaser may require you to move out after giving you a 30-day notice on or after the date of the sale.
If you have a fixed-term lease, you may be entitled to receive, after the date of this sale, a 60-day notice of the purchaser’s requirement that you move out.
To be entitled to either a 30-day notice or a 60-day notice, you must give the Trustee of the property written evidence of your rental agreement at least 30 days before the date first set for the sale. If you have a fixed-term lease, you must give the Trustee a copy of the rental agreement. If you do not have a fixed-term lease and cannot provide a copy of the rental agreement, you may give the Trustee other written evidence of the existence of the rental agreement. The date that is 30 days before the date of the sale is March 3, 2010. The name of the Trustee and the Trustee’s mailing address are listed on this Notice.
Federal law may grant you additional rights, including a right to a longer notice period. Consult a lawyer for more information about your rights under federal law.
You have the right to apply your security deposit and any rent you prepaid toward your current obligation under your rental agreement. If you want to do so, you must notify your landlord in writing and in advance that you intend to do so.
If you believe you need legal assistance with this matter, you may contact the Oregon State Bar and ask for the lawyer referral service, 16037 SW Upper Boones Ferry Road, P.O. Box 231935, Tigard, Oregon 97281-1935, telephone (503) 684-3763 or (800) 452-7636. If you have a low income and meet federal poverty guidelines, you may be eligible for free legal assistance. Contact information for where you can obtain free legal assistance is Legal Aid Services of Oregon, 230 NE Second Avenue, Suite A, Hillsboro, Oregon 97124, telephone (503) 648-7163 or 1-888-245-4091.
DATED: November 5, 2009.
Dean S. Kaufman, Trustee
142 West 8th Avenue
Eugene, Oregon 97401
(541) 342-5587
Publish 01/13, 01/20, 01/27, 02/03/2010. FGNT7024
Washington County
FGNT7024, Obermarck, ORS 86.753
