NOTICE OF DEFAULT AND ELECTION TO

NOTICE OF DEFAULT AND ELECTION TO SELL Reference is made by this document that a certain trust deed made by SPENCER J. WELCH, as Grantor, to Tyler Smith, attorney at law for Tyler Smith & Associates P.C. as Trustee, and JOHN F. MEYERHOFER and MARSHA A. MEYERHOFER, as Beneficiaries, under a trust deed dated January 26, 2017, recorded January 30, 2017, as instrument no. 2017-006333, in the records of Clackamas County, Oregon. The trust deed covers the following real property situated in the above mentioned county and state, to wit: Beginning at an iron pipe on the Southeasterly boundary of the Pacific Highway, at the Northwest comer of a roadway included in that parcel of land conveyed by the grantors to Frank and Rosalie Blecha, by deed recorded September 16, 1946 in Book 376, page 664, deed records of Clackamas County, Oregon. From said beginning point running thence South 60deg. 05′ East along the Southwesterly side of said roadway 199.15 feet to a re-entrant comer in said Blecha land at an iron pipe; thence South 48deg. 34′ West (South 47deg. 53′ West in Blecha Deed) along the Northwesterly line of said Blecha tract 189.92 feet to an iron pipe; thence North 60deg. 05′ West 284.0 feet more or less to the Southeast boundary of the Pacific Highway; thence Northeasterly along said Southeasterly Highway boundary 232 fee more or less to the place of beginning, containing one acre more or less, and situated in Section 4, Township 4, South Range 1 East of the Willamette Meridian. Situate in the County of Clackamas and State of Oregon. EXCEPTING that portion conveyed to the State of Oregon by and through its State Highway Commission by Deed recorded June 4, 1963, in Clackamas County, Deed Book 622, page 652. Property address: 24436 S. Hwy. 99 E, Canby, Oregon 97013. The undersigned hereby certify that no assignments of the trust deed by the trustee or by the beneficiary and no appointments of successor trustee have been made, except as identified above, or recorded in the Records of Clackamas County, Oregon. Further no action has been instituted to recover the debt, or any part thereof, now remaining payable and secured by the trust deed identified above, or if such action has been instituted to recover such debts, the action has been, or will be, dismissed before sale, except as permitted by ORS 86.752. The Trustee’s mailing address is 181 N. Grant St. STE 212, Canby Oregon 97013. There is a default by grantor, of the terms and conditions of the trust deed, including failure to pay, for which this trust deed foreclosure is authorized by law and the terms of the trust deed. There have been previous defaults, and are other current defaults not relating to payment, including failure to insure (1.12), failure to provide financial information (1.15), and there may have been or may be others unknown to Beneficiary at the time of this Notice, others have been recurring and inquiry should be made pursuant to ORS 86.778 if there is an attempt to cure. The failure to pay when due includes the following sums: The Trust Deed secured an initial principle amount of $1,050,000.00. The amount due and payable secured by this Trust Deed is now $1,070,252.36 as of the 18th day of September, 2018. Delinquent Payments: Payments due and payable of $8104.07 on a monthly basis were not paid in full during the months of January, February, and March of 2018. Late charges for January, February and March of 2018 were $405.20, $405.20 and $405.20 respectively, interest on unpaid principle for January, February, and March of 2018 was $9031.51, $9110.22 and $9166.62. Payments of $8104.07 due and payable for each of the months of May, July, August of 2018, have not been made in full. Partial payments were made by debtor on January 31, February 28, March 27, and April 25th of 2018 in the amounts of $1544 which was insufficient to cure. Payment of $23,232.28 made on April 25, 2018 was also insufficient to cure the prior defaults, late fees and interest that had accumulated. Payments through credits of payments by lessees who are renting portions of the real property have been collected on March 6, May 5, May 15, June 5, July 9, August 3, and September 4, 2018 in the amounts of $1500 each month, and other tenants have paid $2000 on July 7, August 2, and September 6, 2018. The amount to cure the monetary defaults and come current on this debt is $43, 7809.81 as of September 18, 2018. The charges, interest, and late fees are as shown on Exhibit B. By reason of the defaults just described, 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: Unpaid principle, interest and late fees currently due as of September 18, 2018 for payoff of $1,070,252.36, PLUS ongoing interest at the rate of 10.5% per year as the date of the first default notice, continuing until paid, or to the date of the sale listed herein to satisfy all or part of the obligation secured by the above mentioned real property, PLUS any and all remaining title expenses, future costs, ongoing trustee’s fee and attorney fees, which have been incurred by reason of this default and any and all future sums advanced by the Beneficiary for the protection of the above described real property including insurance, tax payments and repairs. The beneficiary has complied with any and all applicable provisions of ORS 86.752, ORS 86.748. WHEREFORE, notice is hereby given that the beneficiary and trustee, by reason of the default, have elected and do hereby elect to foreclose the trust deed by advertisement at sale pursuant to ORS 86. 705 to 86.815, and further notice is given that the undersigned trustee will on February 25, 2019 at the hour of 10:00 a.m., in accord with the standard of time established by ORS 187 .110, at Clackamas County Courthouse, 807 Main Street, Oregon City, Oregon, sell at public auction to the highest bidder for cash the interest in the real property described above which the grantor had power to convey at the time of execution by the grantor of the trust deed together with any interest which the grantor or grantor’s successors in interest acquired after the execution of the trust deed and the trust deed amendment, to satisfy the foregoing obligations thereby secured and the costs and expenses of the sale, including a reasonable charge by the trustee. The property will be sold to satisfy the obligation. Other than the interests shown of record, neither the beneficiary nor the trustee has any actual knowledge of any person having or claiming to have any lien upon or interest in the real property herein above described that has priority over this interest, except Trust Deed made by SPENCER J. WELCH, as Grantor, to Tyler Smith, attorney at law for Tyler Smith & Associates P.C. as Trustee, and JOHN F. MEYERHOFER and MARSHA A. MEYERHOFER, as Beneficiaries, under a trust deed dated January 26, 2017, recorded January 30, 2017, as instrument no. 2017-006334, in the records of Clackamas County, Oregon. Other than shown of record, and stated above 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 subsequent to the interest of the trustee in the trust deed, or any successor in interest to the grantor or of any lessee or other person in possession of or occupying the property except: None. The property does have commercial tenants with periodic leasehold interests. Notice is further given to any person named in ORS 86. 764, that rights exist under ORS 86.778, 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 be then 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, trust deed and in addition to paying those sums or tendering the performance necessary to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation, trust deed, together with trustee and attorney fees not exceeding the amounts provided by ORS 86.778. 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 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. This Notice of Default and Election to Sell has been recorded in the records of Clackamas County, when stamped with the document number stated above, and has been served on those individuals entitled to services of this document pursuant to ORS 86.764 and 86.774 by first class U.S. Mail, and by Certified Mail, return receipt requested, as shown below in any attached Affidavit(s) of service, and additionally as shown in any later attached certificate or affidavit of service, if any to be recorded pursuant to ORS 86. 774. DATED this 26th day of September, 2018 Tyler Smith, Trustee Tyler Smith & Associates, P.C. 181 N. Grant St. STE 212 Canby, OR 97013 Phone:503-266-5590 Published Dec. 19, 26, 2018, Jan. 2 & 9, 2019. CH79026

ad: 79026

Publication: Non-Judicial (Trustee Sales)

Section: Legals

Start Date: 2018/12/19

End Date: 2019/01/09

City: CANBY

County: Clackamas