Trustee Notice

TS# 12-21599 TRUSTEE’S NOTICE OF SALE Reference is made to that certain Deed of Trust (hereafter referred to as the Trust Deed) made by: Daniel J. Hotchkiss, as the Grantor, and Chicago Title Insurance Company of Oregon, as the Trustee, and Lehman Brothers Bank, FSB, as the Beneficiary, dated November 9, 2005, and recorded November 15, 2005, in the Mortgage Records of Multnomah County, Oregon as Document No. 2005-221799, covering the following described real property situated in said county and state, to-wit: That part of the South half of Block “W”, CITY OF PORTLAND, in the County of Multnomah and State of Oregon, described as follows:
Beginning at a point on the Northerly line of SW Columbia Street which is 102.0 feet Westerly from its intersection with the Westerly line of SW 14th Avenue; said point being the true place of beginning of the herein described tract; thence Northerly parallel with the Westerly line of SW 14th Avenue, a distance of 81.0 feet to the Southerly line of that tract conveyed to Joseph P. McLaughlin and Anna M. McLaughlin, husband and wife, by Deed recorded April 21, 1954 in Book 1655, Page 196, Deed Records; thence Westerly along the Southerly line of said McLaughlin Tract, being parallel with the Northerly line of said South one-half of Block “W”, a distance of 92.0 feet; thence Southerly parallel with the Westerly line of said SW 14th Avenue, 81.0 feet to the Northerly line of SW Columbia Street; thence Easterly along said Northerly line, 92.0 feet to the true point of beginning. The street address or other common designation, if any, for the real property described above is purported to be: 1423 SW Columbia Street, Portland, Oregon 97201. The Tax Assessor’s Account ID for the Real Property is purported to be: R246895. Both the beneficiary and the trustee, Sia Rezvani, have elected to foreclose the above referenced Trust Deed and sell the said real property to satisfy the obligations secured by the Trust Deed and a Notice of Default and Election to Sell has been recorded pursuant to ORS 86.735(3). All right, title, and interest in the said described property which the grantors had, or had power to convey, at the time of execution of the Trust Deed, together with any interest the grantors or their successors in interest acquired after execution of the Trust Deed shall be sold at public auction to the highest bidder for cash to satisfy the obligations secured by the Trust Deed and the expenses of sale, including the compensation of the trustee as provided by law, and the reasonable fees of trustee’s attorneys. The default(s) for which foreclosure is/are made is/are (1) the grantor’s failure to make regular payments to the beneficiary, such default beginning February 1st, 2012, and continuing through the date of this Notice, and (2) failure to carry, and/or provide evidence of, extended coverage hazard insurance, in violation of the Trust Deed, and (3) failure to pay county property taxes when due, and (4) any defaults or breaches occurring after the date of this document. The current balance of payments now due, together with late charges, attorney and trustee fees, costs, title expenses, and other allowed charges is approximately $41,073.57 together with any default in the payment of recurring obligations as they become due, periodic adjustments to the payment amount, any further sums advanced by the beneficiary to protect the property or its interest therein, additional costs and attorney fees as provided by law, and prepayment penalties/premiums, if any, together with defaulted amounts owed to senior lienholders. The amount required to cure the default in payments to date is calculated as follows: † If rate is variable, amount stated is an estimate From: February 1st, 2012; No. Payments: 11 ; Amount per: $2,365.00†>>> Total of past-due payments : $26,015.00† Late charges: $1,063.18 Escrow Items* (taxes/insurance), fees/costs/expenses per lender: $13,533.27 Other lender fees/cost-items (per lender) $511.12 Trustee’s/Attorney’s Fees and Costs: $1,951.00 LESS $2,000 funds held in suspense: -$2,000.00 Total necessary to cure default in payments to date: $41,073.57 + proof of insurance* + proof taxes* are current + proof senior liens are current or tender of sufficient funds to cure any/all senior defaults. *Note: Charges for taxes and insurance may or may not already be included in the “escrow items” category. Please note the amounts stated herein are subject to confirmation and review and are likely to change during the next 30 days. Please contact the successor trustee, Sia Rezvani, to obtain a “reinstatement” and/or “payoff” quote prior to remitting funds. By reason of said default the beneficiary has declared all sums owing on the obligation secured by the Trust Deed due and payable. The amount required to discharge this lien in its entirety to date is: $369,631.19 Said sale shall be held at the hour of 11:00 a.m. on April 16th, 2013 in accord with the standard of time established by ORS 187.110, and pursuant to ORS 86.745(7) shall occur at the following designated place: BETWEEN THE INNER AND OUTER DOORS OF THE MAIN ENTRANCE OF THE MULTNOMAH COUNTY COURTHOUSE, 1021 SW 4th AVE., PORTLAND, OREGON Other than as shown of record, neither the said beneficiary nor the said trustee have any actual notice of any person having or claiming to have any lien upon or interest in the real property hereinabove described subsequent to the interest of the trustee in the Trust Deed, or of any successor(s) in interest to the grantors or of any lessee or other person in possession of or occupying the property, except: N/A. 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 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(s) of the Trust Deed, and in addition to paying said sums 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 ORS 86.753. The mailing address of the trustee is Sia Rezvani, Warren Allen LLP, 850 NE 122nd Ave., Portland, Oregon 97230; the telephone number of the trustee is 503-255-8795. In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes the plural, the word “grantor” and/or “grantors” includes any successor in interest to the grantor as well as any other person owing an obligation the performance of which is secured by the Trust Deed, and the words “trustee” and “beneficiary” include their respective successors in interest, if any. Dated December 10th, 2012. By: /s/ Sia Rezvani, Successor Trustee P1020580 2/22, 3/1, 3/8, 03/15/2013 CNI3386GO