TRUSTEE’S NOTICE OF SALE The Trustee

TRUSTEE’S NOTICE OF SALE The Trustee, under the terms of the Trust Deed described herein, at the direction of the Beneficiary, hereby elects to sell the property described in said Trust Deed to satisfy the obligations secured thereby. A. PARTIES TO THE TRUST DEED: GRANTOR: Agnes Wilmes TRUSTEE: Amerititle SUCCESSOR TRUSTEE: Helen C. Nelson MAILING ADDRESS OF TRUSTEE 100 Calapooia Street SW, Albany, OR 97321 BENEFICIARY: Mel P. Sherbourne B. DESCRIPTION OF PROPERTY: The Property is more particularly described as BEGINNING AT THE SOUTHWEST CORNER OF THE DONATION LAND CLAIM OF WILLIAM M. CASE AND WIFE IN TOWNSHIP 4 SOUTH, RANGE 2 WEST OF THE WILLAMETTE MERIDIAN IN MARION COUNTY, OREGON; THENCE SOUTH 87deg.15′ WEST 22.72 CHAINS TO THE MIDDLE OF THE COUNTY ROAD LEADING FROM CHAMPOEG TO ST. LOUIS, THENCE NORTH 1.12 1/2 CHAINS ALONG SAID ROAD THENCE SOUTH 89deg.45′ WEST 22.70 CHAINS TO THE PLACE OF BEGINNING. ALSO BEGINNING AT THE NORTHWEST CORNER OF THE DONATION LAND CLAIM OF PETER GAUTHIER IN TOWNSHIP 4 SOUTH, RANGE 2 WEST OF THE WILLMATTE MERIDIAN IN MARION COUNTY, OREGON; THENCE SOUTH 15deg.15′ WEST 17.53 CHAINS ALONG THE WEST LNE OF THE GAUTHIER’S CLAIM; THENCE SOUTH 82deg.45′ EAST 81.43 CHAINS TO A POINT ON THE EAST LINE OF THE SAID PETER GAUTHIER’S CLAIM 11.08 CHAINS NORTH 7deg. EAST FROM THE NORTHWEST CORNER OF THE DONATION LAND CLAIM OF JOHN G. LARRISON IN TOWNSHIP 4 SOUTH, RANGE 1 WEST; THENCE NORTH 7deg. EAST 8.72 CHAINS TO THE SOUTHEAST CORNER OF THE DONATION LAND CLAIM OF JAMES E. HALL; THENCE NORTH 72deg.45′ WEST 13.18 CHAINS TO THE SOUTHEAST CORNER OF THE DONATION LAND CLAIM OF WILLIAM M. CASE; THENCE NORTH 87deg.15′ WEST 63.50 CHAINS TO THE SOUTHWEST CORNER OF THE SAID CASE CLAIM; THENCE NORTH 6deg. WEST 11.63 CHAINS TO THE PLACE OF BEGINNING. SAVE AND EXCEPT THE LAND DESCRIBED IN THE DEED FROM D.E. PENDLETON AND IDA S. PENDLETON, HIS WIFE, ET AL, TO FRED J. MILLER, RECORDED JUNE 23, 1910 IN VOLUME 114, PAGE 424, DEED RECORDS FOR MARION COUNTY, OREGON. ALSO SAVE AND EXCEPT THE LAND DESCRIBED IN THE DEED FROM DAVID E. PENDLETON AND WIFE TO JOHN HOFER AND CASPER ZORN, RECORDED MARCH 3, 1910 IN VOLUME 111, PAGE 249, DEED RECORDS FOR MARION COUNTY, OREGON and commonly known as: 19887 Case Road NE, Aurora OR 97002. C. TRUST DEED INFORMATION: DATE: October 30, 2018 RECORDING DATE: October 31, 2018 RECORDING NUMBER: Reel 4137, Page 71 RECORDING PLACE: Official records of the County of Marion State of Oregon. The successor trustee was appointed by document recorded March 4, 2018, as Reel 4171 Page 281 in the same county. D. DEFAULT: The Grantor is in default and the Beneficiary elects to foreclose the Trust Deed for failure to pay: 1. Monthly Payments: Monthly installments and late charges from October 31, 2018, and all subsequent installments and late charges, TOTAL DELINQUENT PAYMENTS AND LATE CHARGES $18,836.59 TOTAL AMOUNT CURRENTLY IN ARREARS: $18,836.59 as at March 19, 2019. 2. OTHER DEFAULT: Default interest and late charges from October 30, 2018. E. AMOUNT DUE: The Beneficiary has declared all sums owing on the obligation and Trust Deed immediately due and payable, in the following sums: $542,617.70 as at March 19, 2019. In addition to principal, interest as provided in the Note or other instrument secured, is payable from October 30, 2018. F. ELECTION TO SELL: NOTICE HEREBY IS GIVEN that the Beneficiary and Trustee, by reason of described default have elected and do hereby elect to foreclose the Trust Deed by advertisement and sale pursuant to Oregon Revised Statutes Sections 86.750 et seq., and to cause to be sold at public auction to the highest bidder, for cash or certified funds, the interest in the described property which the Debtor had, or had the power to convey, at the time of the execution of the Trust Deed together with any interest the Debtor or successors in interest acquired after the execution of the Trust Deed, to satisfy the obligations secured by the Trust Deed together with the expenses of the sale, including the compensation of the Trustee as provided by law, and the reasonable fees of Trustee’s Attorney. G. TIME AND PLACE OF SALE: TIME: August 21, 2019 at 1:00 p.m. PLACE: FRONT DOOR OF THE MARION COUNTY CIRCUIT COURT 100 High Street NE, Salem, Oregon 97301 H. RIGHT TO REINSTATE: NOTICE IS FURTHER GIVEN that at any time prior to five days before the sale, this foreclosure proceeding may be dismissed and the Trust Deed reinstated by payment to the Trustee of the entire amount then due (other than such portion of the principal as would not then be 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 or Trust Deed, and in addition to paying those sums or tendering the performance necessary to cure the default, by paying all costs and expenses to the Trustee actually incurred by Beneficiary and Trustee in enforcing the obligation and Trust Deed, together with Trustee’s fees and Attorney’s fees not exceeding the amount provided in ORS 86.778. I. NOTICE REGARDING POTENTIAL HAZARDS. 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 this trustee’s sale. NOTICE TO RESIDENTIAL TENANTS. The property in which you are living is in foreclosure. A foreclosure sale is scheduled for August 21, 2019. The date of this sale may be postponed. Unless the lender that is foreclosing on this property is paid before the sale date, the 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 fide 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. PROTECTION FROM EVICTION. IF YOU ARE A BONA FIDE TENANT OCCUPYING AND RENTING THIS PROPERTY AS A RESIDENTIAL DWELLING, YOU HAVE THE RIGHT TO CONTINUE LIVING IN THIS PROPERTY AFTER THE FORECLOSURE SALE FOR: 60 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE IF YOU HAVE A FIXED TERM LEASE; OR AT LEAST 30 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE; IF YOU HAVE A MONTH-TO-MONTH OR WEEK-TO-WEEK RENTAL AGREEMENT. If the new owner wants to move in and use this property as the primary residence, the new owner can give you written notice and require you to move out after 30 days, even though you have a fixed-term lease with more than 30 days left. You must be provided with at least 30 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 arm’s-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. ABOUT YOUR TENANCY BETWEEN NOW AND THE FORECLOSURE SALE: RENT YOU SHOULD CONTINUE TO PAY RENT TO YOUR LANDLORD 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. SECURITY DEPOSIT. 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. 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 you for any deposit or prepaid rent you paid to your landlord. ABOUT YOUR TENANCY AFTER THE FORECLOSURE SALE. The new owner that buys this property at the foreclosure sale may be willing to allow you to stay as a tenant instead of requiring you to move out after 30 or 60 days. After the sale, you should receive a written notice informing you that the sale took place and giving you the new owner’s 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 30 or 60 days. 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 UNIT WITHOUT FIRST GIVING YOU WRITTEN NOTICE AND GOING TO COURT TO EVICT YOU. FOR MORE INFORMATION ABOUT YOUR RIGHTS, YOU SHOULD CONSULT A LAWYER. If you believe you need legal assistance, contact the Oregon State Bar and ask for the lawyer referral service. Contact information for the Oregon State Bar is included with this notice. Oregon State Bar Lawyer Referral Service Mailing Address: PO Box 231935 Tigard OR 97281 Physical Address: 16037 SW Upper Boones Ferry Road, Tigard OR 97224 Telephone: 800-452-7636 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 legal assistance is included with this notice. Legal Aid Service of Oregon, 105 High Street SE Salem, OR 97301 (503) 581-5265 FAIR DEBT COLLECTION PRACTICES ACT NOTICE. We are attempting to collect a debt on behalf of the beneficiary named above (also referred to as the creditor) and any information obtained will be used for that purpose. This debt is owed to the creditor in the amount described above. Under some circumstances, you may receive more than one copy of this notice. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after your first receipt of the original or a copy of this notice, we will assume the debt to be valid. If you notify us in writing within 30 days after your first receipt of the original or a copy of this notice that the debt, or any portion thereof, is disputed, we will obtain verification of the debt or (if applicable) a copy of a judgment against you and a copy of the verification or (if applicable) the judgment will be mailed to you. We will provide you with the name and address of the original creditor, if different from the creditor named above, if you notify us in writing within 30 days after your first receipt of the original or a copy of this notice that you request such information. Published June 5, 12, 19 & 26, 2019. WI113198

ad: 113198

Publication: Non-Judicial (Trustee Sales)

Section: Legals

Start Date: 2019/06/05

End Date: 2019/06/26

City: ALBANY

County: Marion