Trustee’s Notice of Sale

TRUSTEE’S NOTICE OF SALE TS No.: 038460-OR Loan No.: ******4005 Reference is made to that certain trust deed (the Deed of Trust) executed by DAMON ASSELMEIER, as Grantor, to LANDAMERICA LAYWERS TITLE, as Trustee, in favor of AMERICAN GENERAL FINANCIAL SERVICES (DE), INC., as Beneficiary, dated 7/25/2008, recorded 7/29/2008, as Instrument No. 2008-053530, and later modified by a loan modification agreement recorded on 3/21/2011, as Instrument 2011-017512, and later modified by a loan modification agreement recorded on 7/3/2013, as Instrument 2013-046343, in the Official Records of Clackamas County, Oregon, which covers the following described real property situated in Clackamas County, Oregon: A TRACT OF LAND IN THE HORACE BAKER DONATION LAND CLAIM NOS. 54 AND 68, TOWNSHIP 2 SOUTH, RANGES 2 AND 3 EAST OF THE WILLAMETTE MERIDIAN, IN THE COUNTY OF CLACKAMAS AND STATE OF OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A PIPE ON THE WESTERLY RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD (NOW ABANDONED) WHICH IS 801.8 FEET SOUTH AND 70.2 FEET EAST FROM A STONE SCRIBED WITH A CROSS THAT IS THE RE-ESTABLISHED NORTHEAST CORNER OF SECTION 24, TOWNSHIP 2 SOUTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, SAID POINT BEING THE SOUTHEAST CORNER OF THAT TRACT CONVEYED TO ELTON M. HATTAN, ET UX, BY DEED RECORDED MAY 12, 1933 IN BOOK 219, PAGE 310, DEED RECORDS; THENCE NORTH 839′ WEST ALONG SAID WESTERLY RIGHT OF WAY LINE 60.0 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT TO BE DESCRIBED HEREIN; THENCE CONTINUING NORTH 839′ WEST ALONG SAID RIGHT OF WAY LINE 300.00 FEET TO A POINT; THENCE SOUTH 7820′ WEST 70.00 FEET TO A POINT; THENCE SOUTHWESTERLY ON A STRAIGHT LINE TO A POINT WHICH IS SOUTH 7820′ WEST 170.00 FEET FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 7820′ EAST 170.00 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH A NON-EXCLUSIVE ROAD WAY EASEMENT TO BE USED IN COMMON WITH OTHERS FOR INGRESS AND EGRESS OVER AND ACROSS THE TWO FOLLOWING DESCRIBED ROAD WAY PARCELS: PARCEL II: A TRACT OF LAND IN THE HORACE BAKER DONATION LAND CLAIM NOS. 54 AND 68, TOWNSHIP 2 SOUTH, RANGES 2 AND 3 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF CLACKAMAS AND STATE OF OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A PIPE ON THE WESTERLY RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD WHICH IS 950.1 FEET SOUTH AND 92.8 FEET EAST OF THE RE ESTABLISHED NORTHWEST CORNER OF SECTION 19, TOWNSHIP 2 SOUTH, RANGE 3 EAST OF THE WILLAMETTE MERIDIAN, IN THE COUNTY OF CLACKAMAS AND STATE OF OREGON, AND IS SOUTH 839′ EAST 150.1 FEET FROM THE NORTHEAST CORNER AND ON THE EAST BOUNDARY LINE OF PROPERTY DEEDED TO GRANT L. HATTAN AND WHICH IS RECORDED IN DEED BOOK 219, PAGE 465; THENCE NORTH 8121 EAST 30.0 FEET ACROSS THE RIGHT OF WAY FORMERLY OWNED BY THE SOUTHERN PACIFIC RAILROAD CO., TO A POINT AND THE NORTHWEST CORNER END OF A 20 FOOT ROAD RIGHT OF WAY STRIP DESCRIBED IN THE LAST SAID DEED; THENCE NORTH 81 21′ EAST 448.3 FEET TO THE CENTER OF MARKET ROAD NO. 39; THENCE ALONG CENTER OF ROAD SOUTH 4217′ EAST 24.0 FEET; THENCE SOUTH 8121′ WEST 461.6 FEET TO THE EASTERLY RIGHT OF WAY OF SAID RAILROAD; THENCE CONTINUING SOUTH 8121′ WEST 30.0 FEET TO A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY; THENCE NORTH 839′ WEST 20.0 FEET ALONG SAID LINE TO THE POINT OF BEGINNING. PARCEL III: A TRACT OF LAND IN THE HORACE BAKER DONATION LAND CLAIM NOS 54 AND 68, TOWNSHIP 2 SOUTH, RANGES 2 AND 3 EAST OF THE WILLAMETTE MERIDIAN, IN THE COUNTY OF CLACKAMAS AND STATE OF OREGON, DESCRIBED AS FOLLOWS: THE WESTERLY 20 FEET OF THAT PORTION OF THE ABANDONED RAILWAY RIGHT OF WAY LYING EASTERLY OF THE ABOVE DESCRIBED PARCEL I EXTENDING FROM THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF SAID TRACT, SOUTHERLY TO THE NORTHERLY LINE OF THE ABOVE DESCRIBED EASEMENT PARCEL NO. II. APN: 00631374 / 23E19BB00300 Commonly known as: 15063 S HATTAN RD OREGON CITY, OR 97045 The current beneficiary is: MTGLQ INVESTORS, L.P. Both the beneficiary and the trustee have elected to sell the above-described real property to satisfy the obligations secured by the Deed of Trust and notice has been recorded pursuant to ORS 86.752(3). The default for which the foreclosure is made is the grantor’s failure to pay when due, the following sums: Delinquent Payments: Dates: No. Amount Total: 10/01/14 thru 07/01/16 22 $904.99 $19,909.78 08/01/16 thru 08/01/16 1 $1,475.70 $1,475.70 Late Charges: $217.56 Beneficiary Advances: $1,764.00 Foreclosure Fees and Expenses: $576.00 Total Required to Reinstate: $23,943.04 TOTAL REQUIRED TO PAYOFF: $161,358.87 By reason of the default, the beneficiary has declared all obligations secured by the Deed of Trust immediately due and payable, including: the principal sum of $150,294.10 together with interest thereon at the rate of 3.83 % per annum, from 9/1/2014 until paid, plus all accrued late charges, and all trustee’s fees, foreclosure costs, and any sums advanced by the beneficiary pursuant to the terms and conditions of the Deed of Trust Whereof, notice hereby is given that the undersigned trustee, CLEAR RECON CORP., whose address is 111 SW Columbia Street #950, Portland, OR 97201, will on 12/27/2016, at the hour of 11:00 AM, standard time, as established by ORS 187.110, AT THE FRONT STEPS OF THE CLACKAMAS COUNTY COURTHOUSE, 807 MAIN STREET, OREGON CITY, OR 97045, sell at public auction to the highest bidder for cash the interest in the above-described real property which the grantor had or had power to convey at the time it executed the Deed of Trust, together with any interest which the grantor or his 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 any person named in ORS 86.778 has the right to have the foreclosure proceeding dismissed and the Deed of Trust reinstated by payment to the beneficiary of the entire amount then due (other than the portion of principal that would not then be due had no default occurred), together with the costs, trustee’s and attorneys’ fees, and curing any other default complained of in the Notice of Default by tendering the performance required under the Deed of Trust at any time not later than five days before the date last set for sale. 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. In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word grantor includes any successor in interest to the grantor as well as any other persons owing an obligation, the performance of which is secured by the Deed of Trust, the words trustee and ‘beneficiary include their respective successors in interest

ad: 15857968

Publication: Non-Judicial (Trustee Sales)

Section: Real Estate

Start Date: 09/08/2016

End Date: 09/29/2016

Court Number: TS No.: 038460-OR

Owner: STOX Posting & Publishing

City: OREGON CITY

County: CLACKAMAS

Full Description: A TRACT OF LAND IN THE HORACE BAKER DONATION LAND CLAIM NOS. 54 AND 68, TOWNSHIP 2 SOUTH, RANGES 2 AND 3 EAST OF THE WILLAMETTE MERIDIAN, IN THE COUNTY OF CLACKAMAS AND STATE OF OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A PIPE ON THE WESTERLY RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD (NOW ABANDONED) WHICH IS 801.8 FEET SOUTH AND 70.2 FEET EAST FROM A STONE SCRIBED WITH A CROSS THAT IS THE RE-ESTABLISHED NORTHEAST CORNER OF SECTION 24, TOWNSHIP 2 SOUTH, RANGE 2 EAST OF THE WILLAMETTE MERIDIAN, SAID POINT BEING THE SOUTHEAST CORNER OF THAT TRACT CONVEYED TO ELTON M. HATTAN, ET UX, BY DEED RECORDED MAY 12, 1933 IN BOOK 219, PAGE 310, DEED RECORDS; THENCE NORTH 8°39' WEST ALONG SAID WESTERLY RIGHT OF WAY LINE 60.0 FEET TO THE TRUE POINT OF BEGINNING OF THE TRACT TO BE DESCRIBED HEREIN; THENCE CONTINUING NORTH 8°39' WEST ALONG SAID RIGHT OF WAY LINE 300.00 FEET TO A POINT; THENCE SOUTH 78°20' WEST 70.00 FEET TO A POINT; THENCE SOUTHWESTERLY ON A STRAIGHT LINE TO A POINT WHICH IS SOUTH 78°20' WEST 170.00 FEET FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 78°20' EAST 170.00 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH A NON-EXCLUSIVE ROAD WAY EASEMENT TO BE USED IN COMMON WITH OTHERS FOR INGRESS AND EGRESS OVER AND ACROSS THE TWO FOLLOWING DESCRIBED ROAD WAY PARCELS: PARCEL II: A TRACT OF LAND IN THE HORACE BAKER DONATION LAND CLAIM NOS. 54 AND 68, TOWNSHIP 2 SOUTH, RANGES 2 AND 3 EAST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF CLACKAMAS AND STATE OF OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A PIPE ON THE WESTERLY RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD WHICH IS 950.1 FEET SOUTH AND 92.8 FEET EAST OF THE RE ESTABLISHED NORTHWEST CORNER OF SECTION 19, TOWNSHIP 2 SOUTH, RANGE 3 EAST OF THE WILLAMETTE MERIDIAN, IN THE COUNTY OF CLACKAMAS AND STATE OF OREGON, AND IS SOUTH 8°39' EAST 150.1 FEET FROM THE NORTHEAST CORNER AND ON THE EAST BOUNDARY LINE OF PROPERTY DEEDED TO GRANT L. HATTAN AND WHICH IS RECORDED IN DEED BOOK 219, PAGE 465; THENCE NORTH 81°21 EAST 30.0 FEET ACROSS THE RIGHT OF WAY FORMERLY OWNED BY THE SOUTHERN PACIFIC RAILROAD CO., TO A POINT AND THE NORTHWEST CORNER END OF A 20 FOOT ROAD RIGHT OF WAY STRIP DESCRIBED IN THE LAST SAID DEED; THENCE NORTH 81 °21' EAST 448.3 FEET TO THE CENTER OF MARKET ROAD NO. 39; THENCE ALONG CENTER OF ROAD SOUTH 42°17' EAST 24.0 FEET; THENCE SOUTH 81°21' WEST 461.6 FEET TO THE EASTERLY RIGHT OF WAY OF SAID RAILROAD; THENCE CONTINUING SOUTH 81°21' WEST 30.0 FEET TO A POINT ON THE WESTERLY LINE OF SAID RIGHT OF WAY; THENCE NORTH 8°39' WEST 20.0 FEET ALONG SAID LINE TO THE POINT OF BEGINNING. PARCEL III: A TRACT OF LAND IN THE HORACE BAKER DONATION LAND CLAIM NOS 54 AND 68, TOWNSHIP 2 SOUTH, RANGES 2 AND 3 EAST OF THE WILLAMETTE MERIDIAN, IN THE COUNTY OF CLACKAMAS AND STATE OF OREGON, DESCRIBED AS FOLLOWS: THE WESTERLY 20 FEET OF THAT PORTION OF THE ABANDONED RAILWAY RIGHT OF WAY LYING EASTERLY OF THE ABOVE DESCRIBED PARCEL I EXTENDING FROM THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF SAID TRACT, SOUTHERLY TO THE NORTHERLY LINE OF THE ABOVE DESCRIBED EASEMENT PARCEL NO. II. APN: 00631374 / 23E19BB00300