TRUSTEE’S NOTICE OF SALE
T.S. No.: OR-14-637225-NH Reference is made to that certain deed made by, RUSSELL W LYONS, AND LUCINDA J LYONS, HUSBAND AND WIFE AS JOINT TENANTS as Grantor to TICOR TITLE, as trustee, in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., (“MERS”) AS NOMINEE FOR AMERICA’S WHOLESALE LENDER, as Beneficiary, dated 10/13/2004, recorded 10/14/2004, in official records of MARION County, Oregon in book/reel/volume No. in Book 2389 Page 69 and/or as fee/file/instrument/ microfilm / reception number xxx covering the following described real property situated in said County, and State, to-wit: APN: R35534 092W23 01000 BEGINNING AT A POINT WHICH IS 64.07 CHAINS EAST OF THE SOUTHWEST CORNER OF SECTION 23, IN TOWNSHIP 9 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN IN MARION COUNTY, OREGON. AND RUNNING THENCE NORTH 15.17 CHAINS; THENCE EAST 6.59 CHAINS TO AN IRON STAKE; THENCE SOUTH 15.17 CHAINS TO AN IRON STAKE ON THE SECTION LINE; THENCE WEST 6.59 CHAINS TO THE PLACE OF BEGINNING. SAVE AND EXCEPT: BEGINNING AT A POINT IN THE EAST LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO E. F. RUBY BY DEED RECORDED IN VOLUME 296. PAGE 68, DEED RECORDS FOR MARION COUNTY, OREGON, SAID POINT OF BEGINNING BEING 653.40 FEET WEST AND 29.63 FEET NORTH 55º17′ EAST FROM THE SOUTHEAST CORNER OF SECTION 23, TOWNSHIP 9 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN, MARION COUNTY, OREGON; AND RUNNING THENCE NORTH ALONG THE EAST LINE OF SAID RUBY TRACT, 90.13 FEET TO AN IRON PIPE; THENCE WEST 42.00 FEET TO AN IRON PIPE; THENCE SOUTH 01º37’30” WEST, 107.04 FEET TO AN IRON ROD SET IN THE SOUTH LINE OF SAID SECTION 23, 20.64 FEET TO A POINT; THENCE NORTH 55º17′ EAST 29.63 FEET TO THE POINT OF BEGINNING. Commonly known as: 8517 Stayton Rd. SE, Turner, OR 97392 The undersigned hereby certifies that based upon business records there are no known written assignments of the trust deed by the trustee or by the beneficiary and no appointments of a successor trustee have been made, except as recorded in the records of the county or counties in which the above described real property is situated. Further, no action has been instituted to recover the debt, or any part thereof, now remaining secured by the trust deed, or, if such action has been instituted, such action has been dismissed except as permitted by ORS 86.752(7). Both the beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said trust deed and notice has been rec orded pursuant to Section 86.752 (3) of Oregon Revised Statutes. There is a default by grantor or other person owing an obligation, performance of which is secured by the trust deed, or by the successor in interest, with respect to provisions therein which authorize sale in the event of such provision. The default for which foreclosure is made is grantor’s failure to pay when due the following sums: Delinquent Payments: Payment Information From Through Total Payments 4/1/2008 2/12/2016 $171,511.41 Late Charges From Through Total Late Charges 4/1/2008 2/12/2016 $1,126.02 Beneficiary’s Advances, Costs, And Expenses Total Advances: $0.00 TOTAL FORECLOSURE COST: $1,946.75 TOTAL REQUIRED TO REINSTATE: $176,809.94 TOTAL REQUIRED TO PAYOFF: $393,400.20 By reason of the default, 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: The installments of principal and interest which became due on 4/1/2008, and all subsequent installments of principal and interest through the date of this Notice, plus amounts that are due for late charges, delinquent property taxes, insurance premiums, advances made on senior liens, taxes and/or insurance, trustee’s fees, and any attorney fees and court costs arising from or associated with the beneficiaries efforts to protect and preserve its security, all of which must be paid as a condition of reinstatement, including all sums that shall accrue through reinstatement or pay-off. Nothing in this notice shall be construed as a waiver of any fees owing to the Beneficiary under the Deed of Trust pursuant to the terms of the loan documents. Whereof, notice hereby is given that Quality Loan Service Corporation of Washington, the undersigned trustee will on 6/17/2016 at the hour of 10:00AM, Standard of Time, as established by section 187.110, Oregon Revised Statues, On the outside steps of the main entrance Of the County Courthouse 100 High Street NE Salem, Oregon 97301 County of MARION, State of Oregon, sell at public auction to the highest bidder for cash the interest in the said described real property which the grantor had or had power to convey at the time of the execution by him of the said trust deed, together with any interest which the grantor or his successors in interest acquired after the execution of said trust deed, to satisfy the foregoing obligations thereby secured and the costs and expenses of sale, including a reasonable charge by the trustee. Notice is further given that any person named in Section 86.778 of Oregon Revised Statutes has the right to have the foreclosure proceeding dismissed and the trust deed reinstated by payment to the beneficiary of the entire amount then due (other than such portion of said principal as would not then be due had no default occurred), together with the costs, trustee’s and attorney’s fees and curing any other default complained of in the Notice of Default by tendering the performance required under the obligation or trust deed, at any time prior to five days before the date last set for sale. Other than as shown of record, neither the beneficiary nor the trustee has any actual notice of any person having or claiming to have any lien upon or interest in the real property hereinabove described subsequent to the interest of the trustee in the trust deed, or of any successor in interest to grantor or of any lessee or other person in possession of or occupying the property, except: Name and Last Known Address and Nature of Right, Lien or Interest Russell Lyons 8517 Stayton Rd. SE Turner, OR 97392 Original Borrower Lucinda Lyons 8517 Stayton Rd. SE Turner, OR 97392 Original Borrower For Sale Information Call: 888-988-6736 or Login to: Salestrack.tdsf.com In construing this notice, the singular includes the plural, the word “grantor” includes any successor in interest to this 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. Pursuant to Oregon Law, this sale will not be deemed final until the Trustee’s deed has been issued by Quality Loan Service Corporation of Washington. If any irregularities are discovered within 10 days of the date of this sale, the trustee will rescind the sale, return the buyer’s money and take further action as necessary. If the sale is set aside for any reason, including if the Trustee is unable to convey title, the Purchaser at the sale shall be entitled only to a return of the monies paid to the Trustee. This shall be the Purchaser’s sole and exclusive remedy. The purchaser shall have no further recourse against the Trustor, the Trustee, the Beneficiary, the Beneficiary’s Agent, or the Beneficiary’s Attorney. If you have previously been discharged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intended to exercise the note holders right’s against the real property only. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. 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. NOTICE TO TENANTS: TENANTS OF THE SUBJECT REAL PROPERTY HAVE CERTAIN PROTECTIONS AFFFORDED TO THEM UNDER ORS 86.782 AND POSSIBLY UNDER FEDERAL LAW. ATTACHED TO THIS NOTICE OF SALE, AND INCORPORATED HEREIN, IS A NOTICE TO TENANTS THAT SETS FORTH SOME OF THE PROTECTIONS THAT ARE AVAILABLE TO A TENANT OF THE SUBJECT REAL PROPERTY AND WHICH SETS FORTH CERTAIN REQUIRMENTS THAT MUST BE COMPLIED WITH BY ANY TENANT IN ORDER TO OBTAIN THE AFFORDED PROTECTION, AS REQUIRED UNDER ORS 86.771. QUALITY MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. TS No: OR-14-637225-NH Dated: 1/28/2016 Quality Loan Service Corporation of Washington, as Trustee Signature By: Angel Jones, Assistant Secretary Trustee’s Mailing Address: Quality Loan Service Corp. of Washington C/O Quality Loan Service Corporation 411 Ivy Street San Diego, CA 92101 Trustee’s Physical Address: Quality Loan Service Corp. of Washington 108 1 st Ave South, Suite 202, Seattle, WA 98104 Toll Free: (866) 925-0241 IDSPub #0101153 4/6/2016 4/13/2016 4/20/2016 4/27/2016.
Published April 6, 13, 20 & 27, 2016.