TRUSTEE’S NOTICE OF SALE (Commercial Trust Deed) The Successor Trustee, under the Trust Deed in this notice, at the direction of the Beneficiary, elects to sell the property described in the Trust Deed to satisfy the obligation secured by the Trust Deed. Pursuant to ORS 86.771, the following information is provided: 1. PARTIES: GRANTOR: JAMES R. FRACKOWIAK TRUSTEE: AMERITITLE TITLE INSURANCE COMPANY SUCCESSOR TRUSTEE: AARON J. BELL (hereinafter Trustee) BENEFICIARY: NORMAN and BARBARA ROSS (hereinafter Ross) 2. DESCRIPTION OF PROPERTY COVERED BY THE TRUST DEED: Lots 7 and 8 Block 2, ADDITION B to the City of Woodburn, Marion County, Oregon. Physical Address: 550 N. 1st Street, Woodburn, OR 97071 3. RECORDING: The Deed of Trust (Trust Deed) was recorded on April 17, 2012, in Recorder’s Reel 3375, Page 384, Film Records in the county clerk’s office of Marion County, Oregon. 4. ELECTION TO SELL AND NOTICE OF DEFAULT: Take notice that both the Beneficiary and Trustee have elected to sell the property to satisfy the obligations secured by the Trust Deed and to satisfy the expenses of the sale, including the compensation of the Trustee as provided by law and the reasonable fees of Trustee’s attorneys, pursuant to ORS 86.705 to 86.815. A Notice of Default has been recorded pursuant to ORS 86.752(3). 5. DEFAULT FOR WHICH FORECLOSURE IS MADE: Grantor has failed to pay the principal amount of its obligations to Ross when due and it has failed to pay accrued interest on obligations to Ross when due. Moreover, Grantor has failed to perform or observe terms, covenants and agreements contained in the loan documents. Grantor is in default for failure to pay the fully matured indebtedness pursuant to the terms of a Promissory Note dated April 17, 2012, and the instruments evidencing Beneficiary’s loan (hereinafter Loan) secured by the Trust Deed, and Beneficiary seeks to foreclose the Trust Deed for Grantor’s failure to pay; the total amount past due as of June 12, 2017, was $376,409.79, plus per diem thereafter of $58.45945, plus property expenditures, taxes, liens, assessments, insurance, late fees, attorney’s and trustee’s fees and costs, and interest due at the time of reinstatement or sale for his Loan with Beneficiary. 6. SUM OWING ON OBLIGATION SECURED BY TRUST DEED: By reason of the default, the Beneficiary has declared all sums owing on the obligation secured by the Trust Deed immediately due and payable, said sums being the following, to-wit: Payoff in the sum of $376,683.52 as of June 12, 2017 (Principal: $266,721.29, Interest: $109,962.23), plus per diem thereafter of $58.45945, plus taxes, liens, assessments, property expenditures, insurance, accruing interest, late fees, attorney’s and trustee’s fees and costs incurred by Beneficiary or its assigns. 7. SALE: The sale shall be held: On the Date: November 1, 2017 At the Time: 11:00 a.m. Pacific Time in accord with the standard of time established by ORS 187.110 At the Place: Immediately outside the West front entrance of the Marion County Courthouse, 100 High Street NE, Salem, OR 97301 At which date and time Trustee will sell at public auction to the highest bidder for cash, or with regard to the Beneficiary credit bid and/or cash, 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 afore stated obligations thereby secured and the costs and expenses of the sale as set forth above or as will be determined at the time of sale. 8. RIGHT TO DISMISSAL AND REINSTATEMENT: Take notice that the right exists under ORS 86.778, 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 payment to the Beneficiary, or the Beneficiary’s successor in interest, of the entire amount then due (other than such portion of the principal as would not then be due had no default occurred) together with costs, trustee’s fees and attorney fees, and by curing any other default complained of in the notice of default. 9. PROPERTY DISCLOSURE: Without limiting the Trustee’s disclaimer of representations or warranties, Oregon law requires the Trustee to state in this notice that some residential property sold at a trustee’s sale may have been used in manufacturing methamphetamines, the chemical components of which are known to be toxic. Prospective purchasers of residential property should be aware of this potential danger before deciding to place a bid for this property at the trustee’s sale. 10. NOTICE TO RESIDENTIAL TENANTS: The NOTICE TO RESIDENTIAL TENANTS, attached hereto as Exhibit A, is incorporated herein by reference. [Exhibit A, NOTICE TO RESIDENTIAL TENANTS, is not published pursuant to ORS 86.774(2)(b).] FOR FURTHER INFORMATION CONTACT: (Notice Submitter Information) Aaron J. Bell, Trustee Bell Law Firm, P.C. P.O. Box 1547 Wilsonville, OR 97070 Phone: (503) 682-8840; Fax (503) 682-9895 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, and any grammatical changes apply equally to businesses and to individuals. DATED this 21st day of June, 2017. Aaron J. Bell, OSB No. 871649 Trustee Published Aug. 23, 30, Sep. 6 & 13, 2017. WI15913779
Publication: Non-Judicial (Trustee Sales)
Section: Real Estate
Start Date: 08/23/2017
End Date: 09/13/2017
Owner: Bell Law Firm
Full Description: Lots 7 and 8 Block 2, ADDITION B to the City of Woodburn, Marion County, Oregon.