TRUSTEE’S NOTICE OF SALE
Loan No: 60130360 T.S. No.: 2016-100405 Reference is made to that certain deed made by, Deer Meadows, LLC as grantor, having its principal place of business at 3723 Fairview Industrial Dr., SE, Suite 270, Salem Oregon 97320 to First American Title Insurance Company a California Corporation, as Trustee, Having an address of 200 West Market Street, Suite 250, Portland Oregon 97201, in favor of Column Financial, Inc., a Delaware corporation, having an address of 11 Madison Avenue, New York, New York 10010 as lender, dated 7/12/2006, recorded 7/14/2006, in the Records of Yamhill County, Oregon, as Instrument No. 200615713, and amended by recording of First Amendment to Deed of Trust, Assignment of Leases and Rents, Fixture Filing and Security Agreement and First Amendment to Assignment of Leases and Rents Dated 01/20/2010 (the “Amendment”, together with the Original Deed of Trust and all amendments and assignments thereto, the “Deed of Trust”) by and between Columbia Pacific Distressed Fund, L.P. (“Columbia Pacific”), and Grantor Recorded 07/02/2010 as Instrument No. 201008533 in the Records of Yamhill County, covering the following described real property situated in the above-mentioned county and state, to wit: Beginning on the Southerly margin of Old State Highway No. 18 at an iron pipe and an iron rod set on the Westerly line of land described as Parcel 2 of that conveyance from Heider to Church of Scientology, Film Volume 128, Page 1160, Yamhill County Deed Records, said beginning point being North 111.5 feet, North 68° 42′ East 1429.58 feet, and South 15° 33′ East 30.15 feet from the Southwest corner of the James B. Graves Donation Land Claim No. 42 in Township 5 South, Range 6 West, Willamette Meridian, Yamhill County, Oregon; thence North 68° 42′ 02″ East, 262.15 feet to an iron rod on the Southerly margin of said Highway; thence South 21° 18′ 54″ East 603.29 feet to an iron rod; thence South 68° 47′ 50″ West, 321.94 feet to an iron rod; thence North 15° 45′ 00″ West, 302.94 feet to an iron rod; thence North 15° 33′ 00″ West, 303.20 feet to the point of beginning. Personal Property Description: See Exhibit A EXHIBIT A All right, title, interest and estate of Deer Meadows, LLC (“Borrower”) now owned, previously owned, or hereafter acquired in and to the following property rights, interests and estates (collectively, the “Property”) (a) All additional lands, estates and development rights hereafter acquired by Borrower for use in connection with the Land and the development of the Land and all additional lands and estates therein which may, from time to time, by supplemental mortgage or otherwise, be expressly made subject to the lien of this Security Instrument; (b) The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land, including the healthcare related facility described on Schedule I (the “Facility”) operated on the Land (collectively, the “Improvements”); (c) All easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, and all estates, rights, titles, interests, privileges, liberties, servitudes, tenements, hereditaments and appurtenances of any nature whatsoever, in any way now or hereafter belonging, relating or pertaining to the Land and the Improvements and the reversions and remainders, and all land lying in the bed of any street, road or avenue, opened or proposed, in front of or adjoining the Land, to the center line thereof and all the estates, rights, titles, interests, rights of dower, rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Borrower of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto; (d) All “equipment,” as such term is defined in Article 9 of the Uniform Commercial Code (hereinafter defined), now owned or hereafter acquired by Borrower, which is used at or in connection with the Improvements or the Land or is located thereon or therein (including, but not limited to, all machinery, equipment, furnishings, and electronic data processing and other office equipment including, but not limited to, all machines, engines, boilers, dynamos, elevators, stokers, tanks, cabinets, awnings, screens, shades, blinds, carpets, draperies, lawn mowers, beds, linens, televisions, lamps, glassware, and chinaware, and all appliances, plumbing, heating, air conditioning, lighting, ventilating, refrigerating, disposal and incinerating equipment, cleaning apparatus, telephones, cash registers, computers, rehabilitation equipment, restaurant and kitchen equipment, and medical, dental, therapeutic, diagnostic and paramedical equipment and supplies, and all kitchen, medical, dental, diagnostic, rehabilitation and other fixtures and appurtenances thereto, now owned or hereafter acquired by Borrower and any and all additions, substitutions and replacements of any of the foregoing), together with all attachments, components, parts, equipment and accessories installed thereon or affixed thereto (collectively, the “Equipment”). Notwithstanding the foregoing, Equipment shall not include any property belonging to tenants under Leases (hereinafter defined) except to the extent that Borrower shall have any right or interest therein; (e) All Equipment now owned, or the ownership of which is hereafter acquired, by Borrower which is so related to the Land and Improvements forming part of the Property that it is deemed fixtures or real property under the law of the particular state in which the Equipment is located, including, without limitation, all building or construction materials intended for construction, reconstruction, alteration or repair of or installation on the Property, construction equipment, appliances, machinery, plant equipment, fittings, apparatuses, fixtures and other items now or hereafter attached to, installed in or used in connection with (temporarily or permanently) any of the Improvements or the Land or the activities conducted therein, including, but not limited to, engines, devices for the operation of pumps, pipes, plumbing, call and sprinkler systems, fire extinguishing apparatuses and equipment, heating, ventilating, incinerating, electrical, air conditioning and air cooling equipment and systems, gas and electric machinery, appurtenances and equipment, pollution control equipment, security systems, disposals, dishwashers, refrigerators and ranges, recreational equipment and facilities of all kinds, and water, gas, electrical, storm and sanitary sewer facilities, utility lines and equipment (whether owned individually or jointly with others, and, if owned jointly, to the extent of Borrower’s interest therein) and all other utilities whether or not situated in easements, all water tanks, water supply, water power sites, fuel stations, fuel tanks, fuel supply, and all other structures, together with all accessions, appurtenances, additions, replacements, betterments and substitutions for any of the foregoing and the proceeds thereof (collectively, the “Fixtures”). Notwithstanding the foregoing, “Fixtures” shall not include any property which tenants are entitled to remove pursuant to Leases, except to the extent that Borrower shall have any right or interest therein; (f) All furniture, furnishings, objects of art, machinery, goods, tools, supplies, appliances, general intangibles, contract rights, accounts (including, without limitation, any rights of Borrower in accounts arising from the operation of the Facility), accounts receivable, franchises, licenses, certificates and permits, and all other personal property of any kind or character whatsoever as defined in and subject to the provisions of the Uniform Commercial Code, whether tangible or intangible, other than Fixtures, which are now or hereafter owned by Borrower and which are located within or about the Land and the Improvements or used in connection with the activities conducted therein, together with all accessories, replacements and substitutions thereto or therefor and the proceeds thereof (collectively, the “Personal Property”), and the right, title and interest of Borrower in and to any of the Personal Property which may be subject to any security interests, as defined in the Uniform Commercial Code, as adopted and enacted by the state or states where any of the Property is located (the “Uniform Commercial Code”), superior in lien to the lien of this Security Instrument and all proceeds and products of the above; (g) All leases, rental agreements, occupancy agreements, residency agreements, subleases or sub-subleases, lettings, licenses, concessions or other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy all or any portion of the Land and the Improvements, and every modification, amendment or other agreement relating to such leases, subleases, sub-subleases, or other agreements entered into in connection with such leases, subleases, sub-subleases, or other agreements and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto, heretofore or hereafter entered into (collectively, the “Leases”), whether before or after the filing by or against Borrower of any petition for relief under 11 U.S.C. §101 et seq., as the same may be amended from time to time (the “Bankruptcy Code”) and all right, title and interest of Borrower, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents, additional rents, revenues, issues and profits (including all oil and gas or other mineral royalties and bonuses) from the Land income, charges for services rendered or to be rendered (including, without limitation, rights to payment earned under leases for space in the Property for the operation of ongoing retail businesses such as newsstands, concession stands, barbershops, beauty shops, gift shops, cafeterias, dining rooms, restaurants, lounges, vending machines, physicians’ offices, pharmacies, laboratories, gymnasiums, swimming pools, tennis courts, golf courses, recreational centers, and specialty shops) and the Improvements and the operations conducted thereon whether paid or accruing before or after the filing by or against Borrower of any petition for relief under the Bankruptcy Code (collectively, the “Rents”) and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt; (h) All Awards which may heretofore and hereafter be made with respect to the Property, whether from the exercise of the right of eminent domain (including, but not limited to, any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Property; (i) All Insurance Proceeds in respect of the Property under any Policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any Policies, judgments, or settlements made in lieu thereof, in connection with a Casualty to the Property; (j) All refunds, rebates or credits m connection with reduction in Taxes or Other Charges charged against the Property; (k) All proceeds of the conversion, voluntary or involuntary, of any of the foregoing including, without limitation, Insurance Proceeds and Awards and Lease proceeds, into cash or liquidation claims; (l) The right, in the name and on behalf of Borrower, to appear in and defend any action or proceeding brought with respect to the Property and to commence any action or proceeding to protect the interest of Lender in the Property; (m) All agreements, contracts, certificates, instruments, franchises, permits, licenses (including, without limitation, liquor licenses, business licenses, state health department or social service licenses, food service licenses, certificates of need and all such other permits, licenses and rights, obtained from any Health Care Authorities concerning ownership, operation, use or occupancy of the Property, to the extent assignable), plans, specifications and other documents, whether entered into by Borrower or Borrower’s agent or any manager or administrator of the Property, including, without limitation, contracts and agreements with respect to the operations conducted or to be conducted at the Facility now or hereafter entered into, and all rights therein and thereto, respecting or pertaining to the use, occupation, construction, management or operation of the Land and any part thereof and any Improvements or any business or activity conducted on the Land and any part thereof and all right, title and interest of Borrower therein and thereunder, including, without limitation, the right, upon the happening of any default hereunder, to receive and collect any sums payable to Borrower thereunder; (n) All tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property; (o) All reserves, escrows and deposit accounts maintained by Borrower with respect to the Property or the operation of the Facility thereon, including, without limitation, all accounts established or maintained pursuant to the Cash Management Agreement; together with all deposits or wire transfers made to such accounts and all cash, checks, drafts, certificates, securities, investment property, financial assets, instruments and other property held therein from time to time and all proceeds, products, distributions or dividends or substitutions thereon and thereof; (p) Interest Rate Cap Agreement. The Interest Rate Cap Agreement, including, but not limited to, all “accounts”, “chattel paper”, “general intangibles” and “investment property” (as such terms are defined in the Uniform Commercial Code as from time to time in effect) constituting or relating to the foregoing; and all products and proceeds of any of the foregoing; and (q) Any and all other rights of Borrower in and to the items set forth in Subsections (a) through (q) above. Nothing in this document shall be used to construe any of the items listed above to be personal property, as opposed to real property, if such items are otherwise classified as, or deemed to be, real property. Commonly known as: 1350 West Main Street, Sheridan, OR 97378 Both the beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said Deed of Trust and notice has been recorded pursuant to Section 86.735(3) of Oregon Revised Statutes: the default for which the foreclosure is made is the grantor’s (a) failure to pay real and personal property taxes for the tax year 2014-2015, plus interest and penalties, and (b) failure to pay loan in full on or before the Maturity Date of August 15, 2015 As of February 15, 2016, the amount due and owing under the loan document is $2,396,608.85 which includes, without limitation, the unpaid and outstanding principal amount of the promissory note made by the Grantor in connection with the obligation secured by said Trust Deed in the principal amount of $2,332,980.39, plus accrued interest of $13,684.21, late charges of $887.71, default interest of $49,056.53, plus attorneys’ fees, trustee’s fees and all other amounts due and owing under the loan documents and all subsequent amounts accruing thereafter until paid, including, without limitation, interest, late charges, default interest, costs and expenses, title expenses, trustee’s fees and attorneys’ fees, further sums advanced by the Beneficiary, and all other amounts that shall become due and owing under the loan documents and all subsequent amounts accruing thereafter until paid, including, without limitation, interest, late charges, default interest, costs and expenses, title expenses, trustee’s fees and attorneys’ fees, further sums advanced by the Beneficiary, and all other amounts that shall become due and owing under the loan documents, with a credit for the escrows and reserves held by the Beneficiary. Whereof, notice hereby is given that the undersigned trustee will on 8/31/2016 at the hour of 1:00 PM, in accord with the standard of time established by ORS 187.110, at the following place: at the 5th Street entrance to Yamhill County Courthouse, 535 E 5th Street, McMinnville, OR County of Yamhill, State of Oregon, sell at public auction to the highest bidder for cash the interest in the described Property which the Grantor had or had power to convey at the time of the execution by Grantor of the Deed of Trust, together with any interest which the Grantor or Grantor’s successors in interest acquired after the execution of the Deed of Trust, 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 for reinstatement or payoff quotes requested pursuant to ORS 86.786 and ORS 86.789 must be timely communicated in a written request that complies with that statute addressed to the trustee’s “Urgent Request Desk” either by personal delivery to the trustee’s physical offices or by first class, certified mail, return receipt requested, addressed to the trustee’s at the address set forth at the bottom of this notice. Due to potential conflicts with federal law, persons having no record legal or equitable interest in the subject Property will only receive information concerning the beneficiary’s estimated or actual bid. Notice is further given that any person named in ORS 86.778 has the right, at any time prior to five days before the date last set for the sale, to have this foreclosure proceeding dismissed and the Deed of Trust reinstated by payment to the beneficiary of the entire amount then due (other than such portion of the principal as would not then be due had no default occurred) and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or Deed of Trust, and in addition to paying said sums or tendering the performance necessary to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust, together with trustee’s and attorney’s fees not exceeding the amounts provided by said ORS 86.778. 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 said Deed of Trust, and the words “trustee” and “beneficiary” include their respective successors in interest, if any. THE PROPERTY COVERED IN THIS ACTION INCLUDES ALL SUCH REAL PROPERTY, DESCRIBED ABOVE, AND THE PERSONAL PROPERTY IN WHICH THE BENEFICIARY HAS A SECURITY INTEREST DESCRIBED IN EXHIBIT “A” ATTACHED HERETO, IT BEING THE ELECTION OF THE CURRENT BENEFICIARY UNDER SAID DEED OF TRUST TO CAUSE A UNIFIED SALE TO BE MADE OF SAID REAL AND PERSONAL PROPERTY IN ACCORDANCE WITH THE PROVISIONS OF ORS 79.0604(1). For Sale Information Call: 916-939-0772 or Login to: www.nationwideposting.com Dated: April 6, 2016 Signature By: Benjamin D. Petiprin Mailing Address: Benjamin D. Petiprin, attorney at law C/O Law offices of Les Zieve C/O Beacon Default Management, Inc. 23072 Lake Center Drive, Suite 211 Lake Forest, California 92630 Physical Address: Benjamin D. Petiprin, Attorney at Law C/O Law offices of Les Zieve One World Trade Center 121 Southwest Salmon Street, 11th Floor Portland, OR 97204 For further information, please contact: Benjamin D. Petiprin, Attorney at Law C/O Law Offices of Les Zieve C/O Beacon Default Management, Inc. 23072 Lake Center Drive, Suite 211 Lake Forest, California 92630 949/916-8799 Fax: 949/916-8797 NPP0278998 To: NEWBERG GRAPHIC PUB: 05/04/2016, 05/11/2016, 05/18/2016, 05/25/2016.
Published May 4, 11, 18 & 25, 2016.