TRUSTEE’S NOTICE OF SALE A default

TRUSTEE’S NOTICE OF SALE A default has occurred under the terms of a Trust Deed made by Elizabeth A. Stein, Grantor, Robert A. Smejkal, Attorney at Law, the Trustee, and Donald E. Kernutt, Beneficiary, under that certain Trust Deed dated March 11, 2015 and recorded in the records of Multnomah County, Oregon on March 11, 2015 as Document No. 2015-025953. The above-described Trust Deed concerns the following described real property, to wit: LOT 94, BOTEFUHR TRACTS, COUNTY OF MULTNOMAH, AND STATE OF OREGON. Commonly known as 8234 SE 252nd Avenue, Gresham, OR 97080. Both the Beneficiary and the Trustee have elected to sell the said real property to satisfy the obligations secured by said Trust Deed and a Notice of Default and Election to Sell has been recorded pursuant to Oregon Revised Statutes 86.735(3); the default for which the foreclosure is made is Grantor’s failure to pay the following amounts: (1) pay the balance of the February 11, 2018 monthly payment in the amount of $1,485.00 and monthly payments in the amount of $2,500.00 each, commencing with the payment due March 11, 2018 and continuing each month thereafter; and (2) pay the 2017-2018 real property taxes in the amount of $19,306.66, plus interest. 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 principal amount of $250,000.00, plus interest at the rate of 12% per annum from February 23, 2018 until paid; plus late fees, amounts advanced by the Beneficiary, if any, pursuant to the Trust Deed or applicable law and attorney fees and foreclosure costs incurred. Notice hereby is given that the Beneficiary and Trustee, by reason of the default, have elected and do hereby elect to foreclose the Trust Deed by advertisement and sale pursuant to ORS 86.705 to 86.795, and to cause to be sold at public auction to the highest bidder for cash the interest in the described property which the Grantor had, or had the power to convey, at the time of the execution by Grantor of the Trust Deed, together with any interest the Grantor or Grantor’s successor in interest acquired after the execution of the Trust Deed, to satisfy the obligations secured by the Trust Deed and the expenses of the sale, including the compensations of the Trustee as provided by law, and the reasonable fees of Trustee’s attorneys. The sale will be held at 10:00 a.m. in accordance with the standard of time established by ORS 187.110 on January 31, 2019 at the following place: inside the front entrance of the Multnomah County Courthouse located at 1021 SW 4th Avenue, Portland, Oregon, which is the hour, date and place set for sale. Notice is further given that any person named in ORS 86.753 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 Trust Deed 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; curing any other default that is capable of being cured, by tendering the performance required under the obligation or Trust Deed; and paying all costs and expenses actually incurred in enforcing the obligation and Trust Deed, together with the Trustee’s and attorney fees not exceeding the amount provided in ORS 86.753. 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. NOTICE REGARDING POTENTIAL HAZARDS (this notice is required for notices of sale sent on or after January 1, 2015): 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. The Fair Debt Collection Practices Act requires that we state the following: This is an attempt to collect a debt, and any information obtained will be used for that purpose. If a discharge has been obtained by any party through bankruptcy proceedings: This shall not be construed to be an attempt to collect the outstanding indebtedness or hold you personally liable for the debt. DATED September 4, 2018. Robert A. Smejkal, Attorney at Law, Trustee, PO Box 1758, Eugene, OR 97440, Phone: 541-345-3330, email: bob@attorneysmejkal.com. Published Nov. 30, Dec. 7, 14 & 21, 2018. BT81711

ad: 81711

Publication: Non-Judicial (Trustee Sales)

Section: Legals

Start Date: 2018/11/30

End Date: 2018/12/21

City: EUGENE

County: Multnomah