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Posts Tagged ‘Fox Capital v Bank of Salem’


Reference is made to that certain trust deed made by Fox Capital Corp., an inactive Washington corporation, as grantor, to First American Title Insurance Company of Oregon, as trustee, in favor of Bank of Salem, as beneficiary, dated July 27, 2006, recorded on August 3, 2006, in the Records of Washington County, Oregon, as Recording No. 2006-093002. The current beneficiary of the Trust Deed is Union Bank, N.A., successor-interest to the FDIC as Receiver for Frontier Bank, successor-by-merger to Bank of Salem, dba Bank of Tigard. The Deed of Trust covers the following described real property situated in that county and state, to-wit:
The Real Property is commonly known as:  6860 SW Atlanta St., Tigard, OR 97223.  The Real Identification Number is R285890.
Both the beneficiary and the trustee have elected to sell the real property to satisfy the obligations secured by the trust deed and a notice of default has been recorded pursuant to Oregon Revised Statutes 86.735(3); the default for which the foreclosure is made in grantor’s failure to pay when due the following sums:
Principal and interest payments (as of 9/21/12): $61,182.00; Late Charges: $3,137.89; Appraisal Fees: $4,520.00; Real Estate Taxes: $10,877.71.
Delinquent real estate taxes (estimated): $3,578.09
By reason of the default just described, the beneficiary has declared all sums owing on the obligation secured by the trust deed immediately due and payable, those sums being the following, to-wit:
A total due and owing of $79,717.60, plus accruing per diem interest of $116.49 from September 22, 2012 until paid in full, plus delinquent real estate taxes estimated at $3,578.09.
WHEREFORE, notice is hereby given that the undersigned trustee will on February 21, 2013, at the hour of 10:00 o’clock, A.M., in accord with the standard of time established by ORS 187.110, at the Washington County Courthouse located at 150 North 1st Avenue, in the City of Hillsboro, County of Washington, State of Oregon, sell at public auction to the highest bidder for cash the interest in the real property described above which the grantor had or had power to convey at the time of the execution by grantor of the 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 foregoing obligations thereby secured and the costs and expenses of the 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 those 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 and attorney fees not exceeding the amounts provided by 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 the trust deed, and the words “trustee” and “beneficiary” include their respective successors in interest, if any.
Publish 01/10, 01/17, 01/24, 01/31/2013.                 TT11747