TRUSTEE’S NOTICE OF SALE
TRUSTEE’S NOTICE OF SALE
Reference is made to that certain trust deed made, executed and delivered by Michael Young and Yvonne D. Young, as grantor, to Kevin P. Moran, Attorney at Law, as trustee, in favor of Unitus Community Credit Union, as beneficiary, dated December 5, 2006, and recorded on December 12, 2006, as Recording No. 2006-016047, in the Mortgage Records of Columbia County, Oregon.
The Trust Deed covers the following described real property (”Property”) situated in said county and state, to-wit:
A tract of land in the East half of the Northwest quarter of Section 31, Township 5 North, Range 4 West, Willamette Meridian, Columbia County, Oregon, more particularly described as follows:
Beginning at the Southeast corner of the James E. Fischer tract as described in deed recorded March 6, 1979 in Book 222, Page 702, Deed Records of Columbia County, Oregon, said point being 400 feet South of, when measured along the East line of said East half of the Northwest quarter, from the Southerly right of way line of the Crown Zellerbach Corporation tract described in deed recorded March 20, 1963 in Book 151, Page 360, Deed Records of Columbia County, Oregon; thence Southerly along said East line of East half of Northwest quarter a distance of 320 feet to the true point of beginning of the following described tract; thence West, parallel with the South line of said Fischer tract a distance of 200 feet to a point; thence South 30° 00’ 00” West to the center line of Rock Creek; thence Southeasterly along the centerline of said Rock Creek to its point of intersection with the East line of the East half of the Northwest quarter; thence Northerly along said East line to the point of beginning. EXCEPTING THEREFROM the tract of land conveyed to W.F. Placke by Arthur Kerns by deed recorded September 10, 1908 in Book 11, Page 17, Deed Records of Columbia County, Oregon.
There are defaults by the grantor or other person owing an obligation, the performance of which is secured by the Trust Deed, with respect to provisions therein which authorize sale in the event of default of such provision; the defaults for which foreclosure is made is grantor’s failure to pay when due the following sums:
Arrearage in the sum of $11,471.63 as of October 9, 2009, plus additional payments, property expenditures, taxes, liens, assessments, insurance, late fees, attorney’s and trustee’s fees and costs, and interest due at the time of reinstatement or sale.
By reason of said defaults, the beneficiary has declared all sums owing on the obligations secured by said Trust Deed immediately due and payable, said sums being the following, to-wit:
Payoff in the sum of $213,584.29 as of October 9, 2009, plus taxes, liens, assessments, property expenditures, insurance, accruing interest, late fees, attorney’s and trustee’s fees and costs incurred by beneficiary or its assigns.
WHEREFORE, notice hereby is given that the undersigned trustee will on March 24, 2010, at the hour of 11:00 a.m., in accord with the standard of time established by ORS 187.110, at the following place: West front entrance of the Columbia County Courthouse, 230 Strand Street, St. Helens, Oregon, sell at public auction to the highest bidder for cash the interest in the above-described Property, which the grantor had or had power to convey at the time of the execution by grantor of the said Trust Deed, together with any interest which the grantor or grantor’s successors in interest acquired after the execution of the Trust Deed, to satisfy the 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 ORS 86.753 has the right, at any time prior to five days before the date last set for the 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 required under the obligation or Trust Deed, and in addition to paying said sum or tendering the performance necessary to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Trust Deed, together with trustee’s and attorney’s fees not exceeding the amounts provided by said ORS 86.753.
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 secured by said Deed of Trust, and the words “trustee” and “beneficiary” include their respective successors in interest, if any.
Under ORS 86.755(5)(c), the following Notice to Tenants applies only to persons who are tenants of “dwelling units”*, as defined in ORS 90.100(9).
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 February 22, 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. 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.**
* ORS 90.100 (9) “Dwelling unit” means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.
**HOW TO FIND A LAWYER: If you need help finding a lawyer, you may call the Oregon State Bar’s Lawyer Referral Service at (503) 684-3763, or toll free in Oregon at (800) 452-7636, or you may visit its website at www.osbar.org. Legal assistance may be available if you have a low income and meet federal poverty guidelines. For more information and a directory of legal aid programs, go to www.oregonlawhelp.org.
THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. UNLESS YOU NOTIFY US WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THE DEBT, OR ANY PORTION OF IT, WE WILL ASSUME THE DEBT IS VALID. IF YOU NOTIFY US, IN WRITING, WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE THAT YOU DO DISPUTE THE DEBT OR ANY PORTION OF IT, WE WILL PROVIDE VERIFICATION BY MAILING YOU A COPY OF THE RECORDS. IF YOU SO REQUEST, IN WRITING, WITHIN 30 DAYS AFTER RECEIPT OF THIS NOTICE, WE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR.
DATED: October 22, 2009.
Michelle M. Bertolino, Successor Trustee
Farleigh Wada Witt
121 SW Morrison, Suite 600
Portland, OR 97204
Phone: 503-228-6044; fax: 503-228-1741
Publish 01/13, 01/20, 01/27, 02/03/2010. SCS572
