Trustee’s Notice of Sale

NOTICE OF DEFAULT AND FORECLOSURE SALE FHA # 431-4781386 TS#16-13345-25 WHEREAS, on 07/29/2009, a certain (Deed of Trust) was executed by John E. Kitting, a single person, as Trustor, in favor of MetLife Home Loans, a Division of MeLife Bank, N.A., as Beneficiary, and TransContinental Title Company 3 MacArthur Place Suite 960 Santa Ana, CA 92707, as Trustee and was Recorded on 08/17/2009, as Instrument No. 2009 059109, in the office of the Clackamas County, Oregon Recorder, and WHEREAS, the Deed of Trust was insured by the UNITED STATES SECRETARY OF HOUSING AND URBAN DEVELOPMENT, (the Secretary) pursuant to the National Housing Act for the purpose of providing single family housing; and WHEREAS, the beneficial interest in the Deed of Trust is now owned by the Secretary, pursuant to an assignment recorded on 02/21/2012, as Instrument # 2012-009592 in the office of the Clackamas County, Oregon Recorder, and WHEREAS, a default has been made by reason of failure to pay all sums due under the Deed of Trust, pursuant to Paragraph 9 Subsection (i) of said deed of Trust and WHEREAS, by virtue of this default, the Secretary has declared the entire amount of the indebtedness secured by the Deed of Trust to be immediately due and payable, NOW THEREFORE, pursuant to power vesting in me by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. 3751 et seq., by 24 CFR part 27, subpart B, and by the Secretary’s designation of us as Foreclosure Commissioner, recorded on 9/26/2011, as Instrument No. 2011-054427 notice is hereby given that on 3/30/2017 at 11:00 a.m. local time, all real and personal property at or used in connection with following described premises (Property) will be sold at public auction to the highest bidder: Commonly known as: 19480 SE Sunnyside RD, Damascus, OR 97089 APN: 00610379 More thoroughly described as: Please see attached Exhibit A attached hereto and made apart hereof The sale will be held at the following location: At the arbor & water feature located immediately on the north side of the Clackamas County Courthouse steps, 807 Main Street, Oregon City, OR 97045 Per The Secretary of Housing and Urban Development the estimated opening bid will be $388,240.51 There will be no pro-ration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before the closing, his prorate share of any real estate taxes that have been paid by the Secretary to the date of the foreclosure sale. When making a bid, all bidders except the Secretary must submit a deposit totaling ten percent (10%) of the Secretary’s estimated bid amount, in the form of a cashier’s check made payable to the Foreclosure Commissioner Cimarron Trustee Services. Each oral bid need not be accompanied by a deposit. If the successful bid is an oral, a deposit of $38,824.05 must be presented before the bidding is closed. The deposit is nonrefundable. The remainder of the purchase price must be delivered within 30 days of the sale or at such time as the Secretary may determine for good cause shown, time being of the essence. This amount, like the bid deposits, must be delivered in the form of a cashier’s or certified check. If the Secretary is the high bidder, he need not pay the bid amount in cash. The successful bidder will pay all conveyancing fees, all real estate and other taxes that are due on or after the delivery of the remainder of the payment and all other costs associated with the transfer of title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them. The Secretary may grant an extension of time with which to deliver the remainder of the payment. All extensions will be fore 9-day increments for a fee of $600.00 paid in advance. The extension fee shall be in the form of certified or cashier’s check made payable to the commissioner. If the high bidder closed the sale prior to the expiration period, the unused portion of the extension fee shall be applied toward the amount due. If the high bidder is unable to close the sale within the required period, or within any extensions of time granted by the Secretary, the high bidder may be required to forfeit the cash deposit or, at the election of the Foreclosure Commissioner after consultation with the HUD Field Office representative, will be liable to HUD for any costs incurred as a result of such failure. The Commissioner may, at the direction of HUD Field Office Representative, offer the property to the second highest bidder to an amount equal to the highest price offered by that bidder. There is no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to the Act. Therefore, the Foreclosure Commissioner will issue a Deed to the purchaser(s) upon receipt of the entire purchase price in accordance with the terms of the sale as proved herein HUD does not guarantee that the property will be vacant. The amount that must be paid by the Mortgagor, to stop the sale prior to the scheduled sale date is $388,040.51 as of 3/29/2017, PLUS all other amounts that are due under the mortgage agreement. Plus advertising costs and postage expenses incurred in giving notice, mileage by the most reasonable road distance for posting notices and for the Foreclosure Commissioner’s attendance at the sale, reasonable and customary costs incurred for title and lien record searches, the necessary out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents. Plus a commission for the Foreclosure commissioner and all other costs incurred in the connection with the foreclosure prior to reinstatement. Date: December 21, 2017 FORECLOSURE COMMISSIONER: CIMARRON SERVICE CORP, of NEVADA 425 Mechem Drive Ruidoso, NM 88345 Telephone No. (575) 808-8394 Facsimile No. (575) 808-8397 Clayton R. Latner, Secretary Treasurer Exhibit A Parcel 1: Beginning at a point on the section line between Sections 5 and 8 Township 2 South Range 3 East W M in the County of Clackamas and State of Oregon Said Point Being Located 660 Feet East of the Southwest Corner of the Southeast Quarter of Section 5 Thence North 325 Feet to a Point said Point being the True Point of Beginning Thence North 29 25 East 273 8 Feet to the Center of the County Road Thence North 60 15 West 159 3 Feet Along the Center of County Road Thence South 316 8 Feet to the Place of Beginning. Parcel 2: Beginning at a Point in center of Milwaukie Road Ten and Eleven Hundredths (10 11) Chains North and Nine And Twenty Hundredths (9 20) Chains East of the Quarter Section Corner Between Sections Five (5) and Eight (8) Township Two (2) South Range Three (3) East of Williamette Meridian in the County of Clackamas and State of Oregon Running Thence West 9 20 Chains Thence South 10 11 Chains Thence East Ten (10) Chains on Section Line Thence North About Ten (10) Chains to Center of Said Milwaukie Road Thence in a Northwesterly Direction following center of Said Milwaukee Road to the Place of Beginning. Published Mar. 9, 16 & 23, 2017. LOR15880907

ad: 15880907

Publication: Non-Judicial (Trustee Sales)

Section: Real Estate

Start Date: 03/09/2017

End Date: 03/23/2017

Court Number: TS#16-13345-25

Owner: STOX Posting & Publishing

City: Damascus

County: Clackamas

Full Description: Parcel 1: Beginning at a point on the section line between Sections 5 and 8 Township 2 South Range 3 East W M in the County of Clackamas and State of Oregon Said Point Being Located 660 Feet East of the Southwest Corner of the Southeast Quarter of Section 5 Thence North 325 Feet to a Point said Point being the True Point of Beginning Thence North 29 25 East 273 8 Feet to the Center of the County Road Thence North 60 15 West 159 3 Feet Along the Center of County Road Thence South 316 8 Feet to the Place of Beginning. Parcel 2: Beginning at a Point in center of Milwaukie Road Ten and Eleven Hundredths (10 11) Chains North and Nine And Twenty Hundredths (9 20) Chains East of the Quarter ¾ Section Corner Between Sections Five (5) and Eight (8) Township Two (2) South Range Three (3) East of Williamette Meridian in the County of Clackamas and State of Oregon Running Thence West 9 20 Chains Thence South 10 11 Chains Thence East Ten (10) Chains on Section Line Thence North About Ten (10) Chains to Center of Said Milwaukie Road Thence in a Northwesterly Direction following center of Said Milwaukee Road to the Place of Beginning.