IN THE CIRCUIT COURT FOR THE

IN THE CIRCUIT COURT FOR THE STATE OF OREGON WASHINGTON COUNTY SUNSET 185, LLC, an Oregon limited liability company, Plaintiff, v. JAVA MAMA HILLSBORO, LLC, a dissolved Oregon limited liability company; RICK CLAYTON; and MARGARET KAY YORTY, Defendants. Case No. 16CV12619 PUBLICATION SUMMONS To: Rick Clayton and Margaret Kay Yorty IN THE NAME OF THE STATE OF OREGON you are hereby required to appear and answer the Amended Complaint (Foreclosure of Landlord’s Lien and Action on Guaranty) filed against you in the above-entitled cause within 30 days from the date of the first publication of this Summons, and if you fail to so appear and answer, for want thereof the Plaintiff will apply to the Court for the relief prayed for in the Amended Complaint, to wit: A. Monetary judgment in favor of Plaintiff and against Defendants, jointly and severally, in the principal amount of $123,817.15, together with interest on the sum of $38,137.99 at the rate of 12% per annum through March 31, 2016 in the sum of $8,765.90, with interest continuing to accrue from said date until the date of judgment at the rate of $12.53 per diem, together with Plaintiff’s reasonable attorney fees, costs and disbursements incurred herein, with interest accruing on the sum of the foregoing at the rate of 12% per annum from date of judgment until paid; B. That Plaintiff’s statutory landlord’s lien be declared a valid and subsisting lien on the Personal Property, and superior to the interest of all Defendants herein for the amount of the judgment awarded in Paragraph A above; C. That Plaintiff’s statutory landlord’s lien on the Personal Property be foreclosed through the sale of said Personal Property by the Sheriff of Washington County, Oregon in the manner provided by law for the sale of personal property on execution; D. That any party to this action be allowed to bid at the foreclosure sale; that the purchaser at the foreclosure sale be placed in immediate possession of the Personal Property; and that the Sheriff give the purchaser of the Personal Property a bill of sale or similar instrument evidencing the conveyance of the Personal Property to purchaser as authorized by applicable law; E. That the proceeds of the sale be applied as follows: 1. In payment of the costs and expenses of the sale; 2. In satisfaction of the judgment awarded in Paragraph A above; and 3. The balance, if any, to be paid to the Clerk of the Court to be disbursed in the manner provided by law; F. That if the proceeds of sale are insufficient to satisfy the judgment awarded against Defendants in Paragraph A above, order that such deficiency may be enforced by execution as provided by law; G. That all Defendants, and all persons claiming by, through or under them as purchasers, encumbrancers, or otherwise are forever foreclosed of all interest, lien or claim in the Personal Property and every portion thereof, without any right of redemption; and H. For such other relief as the Court deems just and equitable. NOTICE TO THE DEFENDANT: READ THESE PAPERS CAREFULLY! You must appear in this case or the other side will win automatically. To appear you must file with the court a legal paper called a motion or answer. The motion or answer must be given to the court clerk or administrator within 30 days of the date of first publication specified herein, along with the required filing fee. It must be in proper form and have proof of service on the Plaintiff’s attorney or, if the Plaintiff does not have an attorney, proof of service on the Plaintiff. If you have any questions, you should see an attorney immediately. If you need help in finding an attorney, you may call the Oregon State Bar’s Lawyer Referral Service at 503-684-3763 or toll-free in Oregon at 800-452-7636. ARNOLD GALLAGHER P.C. Attorneys at Law 800 Willamette Street, Suite 800, Eugene, Oregon, 97401, Telephone: 541-484-0188, Bradley S. Copeland, OSB No. 871964, Of Attorneys for Plaintiff. DATE OF FIRST PUBLICATION IS: April 19, 2017. Publish 04/19, 04/26, 05/03, 05/10/2017. FGNT15892476

ad: 15892476

Publication: OPC Legals

Section: OPC Legals

Start Date: 04/19/2017

End Date: 05/10/2017