TRUSTEE’S NOTICE OF SALE
Reference is made to the trust deed of Marbella Homes, LLC, and Oregon Limited Liability Company, Grantor, to Fidelity National Title Corporation, Trustee, in favor of Pacific West Bank, Beneficiary, dated July 16, 2007, in Clackamas County, Oregon, Recorder’s No. 2007-065084 on the following real property in Clackamas County, Oregon to wit:
Parcel 5, PARTITION PLAT NO. 2006-101, in the County of Clackamas and State of Oregon, TOGETHER WITH that private access and public utility easement as delineated on said Partition Plat.
PROPERTY ADDRESS: 15859 SE Totem Peak Lane
Milwaukie, OR 97267
On October 9, 2009, the Beneficiary caused to be recorded an Appointment of Successor Trustee in Clackamas County, Oregon, Recorder’s No. 2009-071468, appointing David P. Smith, an attorney licensed with the Oregon State Bar as the successor Trustee.
The Beneficiary and the Trustee have elected to sell the said real property to satisfy the obligations secured by said Trust Deed and a Notice of Default has been recorded pursuant to Oregon Revised Statutes 86.735(3).
All Assignments of the Trust Deed by the Trustee or by the Beneficiary and appointments of a successor trustee have been recorded in the Records of the said county. No action has been instituted to recover the debt secured by the Trust Deed except as permitted by ORS 86.735(3).
There is a default by Grantor or other person owing an obligation secured by the Trust Deed, which authorizes sale in the event of default of such provision. The default is: Failure to make the following payments:
a. Failure to pay the following amounts, now in arrears: $2,100.00/mo.(since August 11, 2009, totaling $2,100)
Unpaid principal balance payable in full as of 10/7/09 $375,000.00
Past Due Interest $5,047.51
Past Due Late Charges $315.00
TOTAL DEFAULT AND ITEMIZED ARREARAGES: $382,462.51
b. Delinquent Property Taxes in the amount of $7,636.08.
NOTICE IS HEREBY GIVEN that the undersigned Successor Trustee will on February 26, 2010, at 10:00 a.m., as established by ORS 187.110, and the following place: On the steps of Clackamas County Courthouse, 807 Main St., Oregon City, OR 97045, sell at public auction to the highest bidder for cash the interest in the said described real property which the Grantor had at the time of the execution of the said Trust Dee, together with any interest which the Grantor or Grantor’s successors in interest acquired after execution of said Trust Deed, to satisfy the foregoing obligations and the costs and expenses of sale, including a reasonable charge by the Trustee. Any person named in ORS 86.753 has the right, at any time prior to five days before the Trustee completes the auction sale, to have this foreclosure 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 default complained of herein that is capable of being cured by tendering the performance necessary to cure and by paying all costs and expenses actually incurred in enforcing the obligation and Trust Deed, together with Trustee’s and attorney fees not exceeding the amounts provided by ORS 86.753.
In construing this notice, the singular includes the plural, the work “grantor” includes any successor 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” include their respective successors in interest, if any.
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 the sale a 60-day notice of the purchaser’s requirement that you move out.
To be entitled to either a 30-day or 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 January 27, 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 Association (16037 Upper Boones Ferry Road, Tigard, Oregon, 97224 (503) 620-0222)) and ask for the lawyer referral service. Contact information for the Oregon State Bar is included with this notice. 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 included with this notice.
Dated: October 21, 2009.
_____________________________
David P. Smith, Successor Trustee
The Smith Firm, P.C.
1672 SW Willamette Falls Dr., Ste. D
West Linn, OR 97068 * (503) 636-3660
For further information, please contact:
Jeff Tainer, Vice-President
Pacific West Bank
2040 8th Ave., West Linn, OR 97068
Publish 01/13, 01/20, 01/27, 02//03/2010. CLK11869
Clackamas County
CLK11869, Marbella Homes LLC, Pacific West Bank
