NOTICE OF DEFAULT AND ELECTION TO SELL REAL PROPERTY BY TRUSTEE 1. Grantor: Kevin Pugh Successor Trustee: Engred Chai, 610 SW Alder St., Ste 300, Portland, OR 97205 Beneficiary: Gary W. Burch 2. Property Description: 1348 SW Baker St., McMinnville, Oregon, legal description attached as Exhibit A. 3. Trust Deed Recording: December 20, 2006, Yamhill County, Oregon, Fee No. 200629165 (the Trust Deed); 4. Appointment of Successor Trustee Recording: February 8, 2019, Yamhill County, Oregon, Fee No.: 201901672. 5. Default: The Trust Deed and the obligation secured by the Trust Deed are in default to pay when due, real property taxes, principal and interest payments and late fees. 5. Balance Due Secured by Trust Deed: (1) The sum of $209,622.79; (2) Interest from December 1, 2018, until paid at the rate of 14% compounded monthly, on all amounts due; (3) Real estate taxes, Trustee fees, attorney fees, foreclosure costs, sums required for protection of the property and additional sums secured by the Trust Deed; and (4) Less amounts paid or credited prior to the sale. 6. Sale of Property: Because of the default, the Beneficiary and the Trustee have elected to foreclose the Trust Deed by advertisement and sale pursuant to ORS Chapter 86. 7. Sale Date, Time, Place: The sale will be held at the hour of 10:30 a.m., on June 27, 2019, at the following place: front steps of the Yamhill County Courthouse at 535 5th Street, McMinnville, Oregon. 8. Right to Cure: Any person named in ORS 86.753 has the right, at any time prior to five (5) days before the date last set for the sale, to have this foreclosure proceeding dismissed and the Trust Deed reinstated by doing all of the following: (11) Paying the Beneficiary the entire amount due; (2) Curing any other default complained of herein that is capable of being cured by tendering the performance required under the Notice or Trust Deed; and (3) Paying all costs and expenses actually incurred in enforcing the Note and Trust Deed, together with Trustee and attorney fees. TENANT NOTICE The property in which you are living is in foreclosure. A foreclosure sale is scheduled for June 27, 2019. The date of this sale may be postponed. Unless the lender that is foreclosing on this property is paid before the sale date, thee foreclosure will go through and someone new will own this property. After the sale, the new owner is required to provide you with contact information and notice that the sale took place. The following information applies to you only if you are a bona tenant occupying and renting this property as a residential dwelling under a legitimate rental agreement. The information does not apply to you if you own this property or if you are not a bona fide residential tenant. If the foreclosure sale goes through, the new owner will have the right to require you to move out. Before the new owner can require you to move, the new owner must provide you with written, notice that specifies the date by which you must move out. If you do not leave before the move-out-date, the new owner can have the sheriff remove you from the property after a court hearing. You will receive notice of the court hearing. IF YOU ARE A BONA FIDE TENANT OCCUPYING AND RENTING THIS PROPERTY AS A RESIDENTIAL DWELLING, YOU HAVE THE RIGHT TO CONTINUNE LIVING IN THIS PROPERTY AFTER THE FORELOSURE SALE FOR THE REMAINDER OF YOUR FIXED TERM LEASE, IF YOU HAE A IXED TERM LEASE; OR AT LEAST 90 DAYS FROM THE DATEE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE. If the new owner wants to move in and use this property as a primary residence, the new owner can give you written notice and require you to move out after 90 days, even though you have a fixed term lease with more than 90 days left. You must be provided with at least 90 days written notice after the foreclosure sale before you can be required to move. A bona fide tenant is a residential tenant, who Is not the borrower (property owner), or a child, spouse or parent of the borrower, and whose rental agreement: Is the result of an arms-length transaction; Requires the payment of rent that is not substantially less than fair market rent for the property, unless the rent is reduced or subsidized due to a federal; state or local subsidy; and was entered into prior to the date of the foreclosure sale. FORECLOSURE SALE: RENT YOU SHOULD CONTINUE TO PAY RENT TO YOURLANDLORD UNTIL THE PROPERTY IS SOLD OR UNTIL A COURT TELLS YOU OTHERWISE. IF YOU DO NOT PAY RENT, YOU CAN BE EVICTED. BE SURE TO KEEP PROOF OF ANY PAYMENTS YOU MAKE. You may apply your security deposit and any rent you paid in advance against the current rent you owe your landlord as provided in ORS 90.367 (Application of security deposit or prepaid rent after notice of foreclosure). To do this, you must notify your landlord in writing that you want to subtract the amount of your security deposit or prepaid rent from your rent payment. You may do this only for the rent you owe your current landlord. If you do this, you must do so before the foreclosure sale. The business or individual who buys this property at the foreclosure sale is not responsible to your for any deposit or prepaid rent you paid to your landlord. The new owner that buys this property at the foreclosure sale may be willing to allow you to day as a tenant instead of required you to move out after 90 days or at the end of your fixed term lease. After the sale, you should receive a written notice informing your that the sale took place and giving you the new owners name and contact information. You should contact the new owner if you would like to stay. If the new owner accepts rent from you, signs a new residential rental agreement with you or does not notify you in writing within 30 days after the date of the foreclosure sale that you must move out, the new owner becomes your new landlord and must maintain the property. Otherwise: you do not owe rent; the new owner is not your landlord and is not responsible for maintaining the property on your behalf; and you must move out by the date the new owner specifies in a notice to you. The new owner may offer to pay your moving expenses and any other costs or amounts you and the new owner agree on in exchange for your agreement to leave the premises in less than 90 days or before your fixed term lease expires. You should speak with a lawyer to fully understand your rights before making any decisions regarding your tenancy. IT IS UNLAWFUL FOR ANY PERSON TO TRY TO FORCE YOU TO LEAVE YOUR DWELLING UIT WITHOUT FIRST GIVING YOU WRITTEN NOTIE AND GOING TO COURT TO EVICT YOU. FOR MORE INFROMATION ABOUT YOUR RIGHTS, YOU SHULD CONSULT A LAWYER. If you believe you need legal assistance contact the Orgon State Bar and ask for the lawyer referral service. Contact information for the Oregon State Bar is included with this notice. If you do not have enough money to pay a lawyer and are otherwise eligible, you may be able to receive legal assistance for free. Information about whom to contact for free assistance is as follow: Contact Information – Oregon State Bar: 16037 SW Upper Boones Ferry Road, Tigard, OR 97224 (503) 684-3763, or toll free in Oregon at (800) 452-7636 Or you may visit its website at: Contact Information – Oregon Law Center McMinnville Office: 117 NE 5tth St., Suite B, McMinnville, Oregon (503) 472-9561, or toll-free in Oregon at 877-296-4076 Or you may visit its website at: DATED: February 6, 2019 Engred Chai, Trustee Armstrong Chai 610 SW Alder St., Ste 300 Portland, Oregon 97205 (503) 227-027 EXHIBIT A LEGAL DESCRIPTION: Real property in the County of Yamhill, State of Oregon, described as follows: Part of the Samuel Cozine Donation Land Claim No. in Section 29, Township 4 South, Range 4 west o the Willamette Meridian in Yamhill County, Oregon, m ore particularly described as follows: BEGINNING at the Southwest corner of Lot 5 in Block 3 of GLISON ADDITION in the City of McMinnville, Oregon; and running thence South 32deg. 28′ West along the easterly margin of State Highway 99W, A DISTANE OF 67.83 FEET; THENCE South 87deg. 42′ East, 107.6 feet to the West line of Lot 3, Block 3 of said Addition; thence North 1deg. 07′ East 57.0 feet to the South line of Lot 5, Block 3 of said Addition; thence North 87deg. 42′ West, 72.53 feet, tracing the South line of Lot 5, Block 3 of said Addition to the point of beginning. EXCEPTING THEREFROM that portion described in deed to the State of Oregon, by and through its Department of Transportation, recorded May 23, 1995, Instrument No. 199506361, records of Yamhill County, Oregon. Published Apr. 24, May 1, 8 & 15, 2019. NG105844

ad: 105844

Publication: Non-Judicial (Trustee Sales)

Section: Legals

Start Date: 2019/04/24

End Date: 2019/05/15


County: Yamhill