Notice of Default and Election to Sell Real Property by Trustee

NOTICE OF DEFAULT AND ELECTION TO SELL REAL PROPERTY BY TRUSTEE 1. Grantor: Billy Gostevskyh Trustee: Terry DeSylvia, Esq., 1200 SW Main St., Portland, Oregon 97205 Beneficiary: Clunas Funding Group, Inc. 2. Property Description: 10588 Crosby Road NE, Woodburn, Oregon, legally described as: Beginning South 6 32′ West 225 feet from the Northeast corner of premises conveyed by deed recorded in Volume 243, Page 485, Deed Records of Marion County, Oregon and running thence South 6 32′ West 191.592 feet more or less to the Southeast corner of said premises; thence North 6 32′ East 498.30 feet to the Northwest corner of said premises; thence South 78 46′ East along the North line of said premises 144.652 feet; thence South 6 32′ West parallel with the East line of said premises 209 feet; thence South 78 46′ East parallel with the North line of said premises 120 feet; thence Southeasterly to the place of beginning. MORE ACCURATELY DESCRIBED AS: Beginning South 632′ West 225. Feet from the Northeast corner of premises conveyed by deed recorded in Volume 243, Page 485, Deed Records of Marion County, Oregon and running thence South 632′ West 191.592 feet more or less to the Southeast corner of said premises; thence North 8835′ West 478.434 feet to the Southwest corner of said premises; thence North 632′ East 498.30 feet to the Northwest corner of said premises; thence South 7846′ East along the North line of said premises 144.652 feet; thence South 632′ West parallel with the East line of said premises 209 feet; thence South 7846′ East parallel with the North line of said premises 120 feet; thence Southeasterly to the place of beginning. 3. Trust Deed Recording: February 11, 2016, Marion County, Oregon, Instrument No.: 2016 00005148, Reel No: 3782, Page 230 (the Trust Deed). 4. Default: The Trust Deed and the obligations secured by the Trust Deed are in default for: (a) failure to pay when due, real property taxes, principal and interest payments, late fees and attorney fees; and (b) failure to remove liens or encumbrances against the Property. 5. Balance Due Secured by Trust Deed: (1) The sum of $67,782.47; (2) Interest from April 1, 2017, until paid at the rate of 2% per month, compounded monthly, on all amounts due; (3) Trustee fees, attorney fees, foreclosure costs, sums required for protection of the property and additional sums secured by the Trust Deed; and (4) Less amounts paid or credited prior to the sale. 6. Sale of Property: Because of the default, the Beneficiary and the Trustee have elected to foreclose the Trust Deed by advertisement and sale pursuant to ORS Chapter 86. 7. Sale Date, Time, Place: The sale will be held at the hour of 10:30 a.m., on September 12, 2017, at the following place: front steps of the Marion County Courthouse at 100 High Street NE, Salem, Oregon. 8. Right to Cure: Any person named in ORS 86.753 has the right, at any time prior to five (5) days before the date last set for the sale, to have this foreclosure proceeding dismissed and the Trust Deed reinstated by doing all of the following: (1) Paying the Beneficiary the entire amount due; (2) Curing any other default complained of herein that is capable of being cured by tendering the performance required under the Note or Trust Deed; and (3) Paying all costs and expenses actually incurred in enforcing the Note and Trust Deed, together with Trustee and attorney fees. TENANT NOTICE The property in which you are living is in foreclosure. A foreclosure sale is scheduled for September 12, 2017. The date of this sale may be postponed. Unless the lender that is foreclosing on this property is paid before the sale date, the foreclosure will go through and someone new will own this property. After the sale, the new owner is required to provide you with contact information and notice that the sale took place. The following information applies to you only if you are a bona tenant occupying and renting this property as a residential dwelling under a legitimate rental agreement. The information does not apply to you if you own this property or if you are not a bona fide residential tenant. If the foreclosure sale goes through, the new owner will have the right to require you to move out. Before the new owner can require you to move, the new owner must provide you with written notice that specifies the date by which you must move out. If you do not leave before the move-out-date, the new owner can have the sheriff remove you from the property after a court hearing. You will receive notice of the court hearing. IF YOU ARE A BONA FIDE TENANT OCCUPYING AND RENTING THIS PROPERTY AS A RESIDENTIAL DWELLING, YOU HAVE THE RIGHT TO CONTINUE LIVING IN THIS PROPERTY AFTER THE FORECLOSURE SALE FOR THE REMAINDER OF YOUR FIXED TERM LEASE, IF YOU HAVE A FIXED TERM LEASE; OR AT LEAST 90 DAYS FROMT EH DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE. If the new owner wants to move in and use this property as a primary residence, the new owner can give you written notice and require you to move out after 90 days, even though you have a fixed term lease with more than 90 days left. You must be provided with at least 90 days written notice after the foreclosure sale before you can be required to move. A bona fide tenant is a residential tenant, who is not the borrower (property owner), or a child, spouse or parent of the borrower, and whose rental agreement: Is the result of an arms-length transaction; Requires the payment of rent that is not substantially less than fair market rent for the property, unless the rent is reduced or subsidized due to a federal, state or local subsidy; and was entered into prior to the date of the foreclosure sale. FORECLOSURE SALE: RENT YOU SHOULD CONTINUE TO PAY RENT TO YOUR LANDLORD UNTIL THE PROPERTY IS SOLD OR UNTIL A COURT TELLS YOU OTHERWISE. IF YOU DO NOT PAY RENT, YOU CAN BE EVICTED. BE SURE TO KEEP PROOF OF ANY PAYMENTS YOU MAKE. You may apply your security deposit and any rent you paid in advance against the current rent you owe your landlord as provided in ORS 90.367 (Application of security deposit or prepaid rent after notice of foreclosure). To do this, you must notify your landlord in writing that you want to subtract the amount of your security deposit or prepaid rent from your rent payment. You may do this only for the rent you owe your current landlord. If you do this, you must do so before the foreclosure sale. The business or individual who buys this property at the foreclosure sale is not responsible to you for any deposit or prepaid rent you paid to your landlord. The new owner that buys this property at the foreclosure sale may be willing to allow you to stay as a tenant instead of requiring you to move out after 90 days or at the end of your fixed term lease. After the sale, you should receive a written notice informing you that the sale took place and giving you the new owners name and contact information. You should contact the new owner if you would like to stay. If the new owner accepts rent from you, signs a new residential rental agreement with you or does not notify you in writing within 30 days after the date of the foreclosure sale that you must move out, the new owner becomes your new landlord and must maintain the property. Otherwise: you do not owe rent; the new owner is not your landlord and is not responsible for maintaining the property on your behalf; and you must move out by the date the new owner specifies in a notice to you. The new owner may offer to pay your moving expenses and any other costs or amounts you and the new owner agree on in exchange for your agreement to leave the premises in less than 90 days or before your fixed term lease expires. You should speak with a lawyer to fully understand your rights before making any decisions regarding your tenancy. IT IS UNLAWFUL FOR ANY PERSON TO TRY TO FORCE YOU TO LEAVE YOUR DWELLING UNIT WITHOUT FIRST GIVING YOU WRITTEN NOTICE AND GOING TO COURT TO EVICT YOU. FOR MORE INFORMATION ABOUT YOUR RIGHTS, YOU SHOULD CONSULT A LAWYER. If you believe you need legal assistance, 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 do not have enough money to pay a lawyer and are otherwise eligible, you may be able to receive legal assistance for free. Information about whom to contact for free legal assistance is as follows: Contact Information – Oregon State Bar: 16037 SW Upper Boones Ferry Road, Tigard, OR 97224 (503) 684-3763, or toll-free in Oregon at (800) 452-7636 or you may visit its website at: http://www.osbar.org Contact Information – Marion County Legal Aid: 1655 State Street, Salem, OR 97301 (503) 581-5265, or toll-free at (800) 359-1845 Or you may visit its website at: http://www.lasoregon.org THE FAIR DEBT COLLECTION PRACTICES ACT REQUIRES THAT WE STATE THE FOLLOWING: THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. DATED: April 26, 2017 Terry DeSylvia, Trustee Brownstein, Rask, et al. 1200 SW Main Street Portland, Oregon 97205-2040 (503) 412-6713 Published July 26, Aug. 2, 9 & 16, 2017. WI15909355

ad: 15909355

Publication: Non-Judicial (Trustee Sales)

Section: Real Estate

Start Date: 07/26/2017

End Date: 08/16/2017

Owner: Brownstein, Rask

City: Woodburn

County: Marion

Full Description: Beginning South 6° 32' West 225 feet from the Northeast corner of premises conveyed by deed recorded in Volume 243, Page 485, Deed Records of Marion County, Oregon and running thence South 6° 32' West 191.592 feet more or less to the Southeast corner of said premises; thence North 6° 32' East 498.30 feet to the Northwest corner of said premises; thence South 78° 46' East along the North line of said premises 144.652 feet; thence South 6° 32' West parallel with the East line of said premises 209 feet; thence South 78° 46' East parallel with the North line of said premises 120 feet; thence Southeasterly to the place of beginning. MORE ACCURATELY DESCRIBED AS: Beginning South 6°32' West 225. Feet from the Northeast corner of premises conveyed by deed recorded in Volume 243, Page 485, Deed Records of Marion County, Oregon and running thence South 6°32' West 191.592 feet more or less to the Southeast corner of said premises; thence North 88°35' West 478.434 feet to the Southwest corner of said premises; thence North 6°32' East 498.30 feet to the Northwest corner of said premises; thence South 78°46' East along the North line of said premises 144.652 feet; thence South 6°32' West parallel with the East line of said premises 209 feet; thence South 78°46' East parallel with the North line of said premises 120 feet; thence Southeasterly to the place of beginning.