TRUSTEE’S NOTICE OF SALE TS No. OR08000137-17-1 APN R340589 TO No 170299986-OR-MSI Reference is made to that certain Trust Deed made by, TIMOTHY A VIVIANO, AND DIANE S VIVIANO as Grantor to FIDELITY NATIONAL TITLE as Trustee, in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), as designated nominee for COUNTRYWIDE BANK, FSB, Beneficiary of the security instrument, its successors and assigns, dated as of December 26, 2007 and recorded on January 10, 2008 as Instrument No. 2008-005520 and the beneficial interest was assigned to U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust and recorded October 3, 2016 as Instrument Number 2016-124122 of official records in the Office of the Recorder of Multnomah County, Oregon to-wit: APN: R340589 All that certain parcel of land situate in the County of Multnomah, and State of Oregon, being known and designated as follows: A portion of a tract of land in Section 19, Township 1 South, Range 3 East of the Williamette Meridian, in the County of Multnomah and State of Oregon, described as follows: Beginning at a point in the center of Foster Road which bears North 43” 27′ West 70 feet distant from where the west line of the Stuart Richey Donation Land Claim intersects the center line of said Foster Road; thence North 43” 27′ West 526 feet to a point in the South line of a 60 acre tract of land deeded by Charles Croucher to Wm. Bull thence North 89” 19′ East tracing said line 581.5 feet to an iron pipe 40 feet West of the East line of the O.P. Lend Donation Land Claim; thence South 0” 26′ East parallel with said line 291 feet to the center of the Kelly Creek; thence along the center of said Kelly Creek North 80” 41′ West 55 feet to a point; thence South 53” 44′ West 100 feet to a point; thence South 83” 59′ West 39.7 feet to the West line of the Stuart Richey Donation Land Claim; then South 43” 27′ West 65 feet, more or less, to the point of beginning. Excepting the Easterly portion thereof described as follows: Beginning at the Northeast corner of that certain tract conveyed by Jennie M. Ball and A.C. Ball to R.R. Fuller and Ruth L. Fuller by Deed recorded March 23, 1931 in Book 120, Page 532, P.S. Deed Records of Multnomah County, Oregon then South 89” 15′ West along the North line of said tract 105.00 feet; thence South 0” 26′ East 319.91 feet to the South line of said tract; thence North 53” 44′ East 62.65 feet thence South 80” 41′ East 55.00 feet to the Southeast corner of the aforesaid tract; thence North 0” 26′ West 291.00 feet to the point of beginning. Commonly known as: 16985 SE FOSTER RD, GRESHAM, OR 97080-3288 Both the Beneficiary, U.S. Bank Trust, N.A. as Trustee for LSF9 Master Participation Trust, and the Trustee, Nathan F. Smith, Esq., OSB #120112, have elected to sell the said real property to satisfy the obligations secured by said Trust Deed 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 failure to pay: Failed to pay payments which became due Monthly Payment(s): 7 Monthly Payment(s) from 11/01/2011 to 09/01/2012 at $1,183.08 18 Monthly Payment(s) from 10/01/2012 to 01/01/2014 at $2,047.81 2 Monthly Payment(s) from 02/01/2014 to 03/01/2014 at $1,616.46 30 Monthly Payment(s) from 04/01/2014 to 10/01/2016 at $1,633.46 15 Monthly Payment(s) from 11/01/2016 to 02/01/2018 at $1,607.04 3 Monthly Payment(s) from 03/01/2018 to 05/01/2018 at $1,602.08 2 Monthly Payment(s) from 06/01/2018 to 07/01/2018 at $1,610.93 Monthly Late Charge(s): 3/08/2018 By this reason of said default the Beneficiary has declared all obligations secured by said Trust Deed immediately due and payable, said sums being the following, to-wit: The sum of $189,749.76 together with interest thereon at the rate of 5.87500% per annum from October 1, 2011 until paid; plus all accrued late charges thereon; and all Trustee’s fees, foreclosure costs and any sums advanced by the Beneficiary pursuant to the terms of said Trust Deed. Wherefore, notice is hereby given that, the undersigned Trustee will on July 24, 2018 at the hour of 01:00 PM, Standard of Time, as established by Section 187.110, Oregon Revised Statues, Front Entrance, Multnomah County Courthouse, 1021 S.W. Fourth Avenue, Portland, OR 97204 County of Multnomah, 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 86.753 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 or 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. 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 said Trust Deed, the words Trustee and Beneficiary includes their respective successors in interest, if any. Dated: 03/08/2018 By: Nathan F. Smith, Esq., OSB #120112 Successor Trustee Malcolm & Cisneros, A Law Corporation Attention: Nathan F. Smith, Esq., OSB #120112 c/o TRUSTEE CORPS 17100 Gillette Ave, Irvine, CA 92614 949-252-8300 FOR SALE INFORMATION PLEASE CALL: at 800.280.2832 Website for Trustee’s Sale Information: www.Auction.comISL Number 38198, Pub Dates: 04/24/2018, 05/01/2018, 05/08/2018, 05/15/2018, THE OUTLOOK. Published Apr. 24, May 1, 8 & 15, 2018. OL36281

ad: 36281

Publication: Non-Judicial (Trustee Sales)

Section: Legals

Start Date: 2018/04/24

End Date: 2018/05/15

Court Number: OR08000137-17-1


County: Multnomah