TRUSTEE’S NOTICE OF SALE Pursuant to O.R.S. 86.705, et seq. and O.R.S. 79-5010, et seq. Trustee Sale No.: F19-00013 OR Loan No.: TKM Investment Properties, LLC Title Order No.: 1274448 Reference is made to that certain Deed of Trust and Security Agreement (the Deed of Trust), made by TKM Investment Properties, LLC, an Oregon limited liability company, whose address is 115 SE Yamhill Street, 2nd Floor, Portland, Oregon 97214, as grantor, Chicago Title Company Of Oregon, whose address is 1211 SW 5th Avenue, Suite 2130, Portland, Oregon 97204, as Trustee, in favor of Morgan Stanley Bank, N.A., a national banking association, whose address is 1585 Broadway, 25th Floor, New York, New York 10036, as beneficiary, dated 03/02/2016, and recorded on 03/02/2016 as Document No. 2016027122, the beneficial interest under which Deed of Trust was assigned to Wilmington Trust, National Association, As Trustee For Morgan Stanley Bank Of America Merrill Lynch Trust 2016-C29, Commercial Mortgage Pass-Through Certificates, Series 2016-C29, whose address is 1100 North Market Street, Wilmington, DE 19890 by that certain Assignment of Deed of Trust and Security Agreement, dated 05/05/2016, and recorded on 05/17/2016 as Document No. 2016-059664 of Official Records in the office of the Recorder of Multnomah County, Oregon, covering the following described real and personal property (the Property) situated in said county and state, to wit: Legal Description: See Attached Exhibit A Personal Property Description: See Attached Exhibit B APN: R540645, R111541 And R149935 Property Commonly Known As: 111-115 SE Yamhill Street, Portland, OR 97214 18055 NE San Rafael Street, Gresham, OR 97230 Both the beneficiary and the trustee have elected to sell the real property to satisfy the obligations secured by the Deed of Trust and a Notice of Default has been recorded pursuant to Oregon Revised Statutes 86.752(3); the default for which foreclosure is made is: Failure to deliver all of the financial reporting, failure to timely pay monthly debt service installments under the Note, failure to pay past due late charges and miscellaneous fees and amounts due under the Loan Documents, failure to comply with Section 4 of that certain Cash Management Agreement dated March 2, 2016, failure to allow Lender and its agents access to the Property for inspections in violation of Section 11.10 of the Deed of Trust, failure to discharge a lien encumbering the Property in violation of Section 10.1(h) of the Deed of Trust and default due to the grantor’s lease of the Property to Cura Cannabis Solutions without the Beneficiary’s consent. Principal Balance $7,695,799.21; Interest; $101,776.94; Default Interest $291,765.01; Late Charges $17,749.92; Prepayment Premium $1,347,552.00; SS Fees $19,419.35; Payoff Fee $1,050.00; PPA’s $5,691.96; IOA’s $503.45; Liquidation Fee $91,717.93; Attorney Fees $50,000.00; Foreclosure Fees & Costs $21,544.00; Suspense -$5,303.66; Tax Balance -$21,467.76; Reserve Balance -$224,776.11; Total Due $9,393,022.24 By reason of said default, the beneficiary has declared all sums owing on the obligation secured by said Deed of Trust immediately due and payable including, without limitation, the unpaid and outstanding principal amount of the promissory note made by the Grantor in connection with the obligation secured by said Deed of Trust in the original principal amount of $8,000,000.00, plus all amounts referenced herein and all subsequent amounts accruing hereafter until paid, including late charges, default interest, costs and expenses, title expenses, trustee’s fees and attorneys’ fees and further sums advanced by the beneficiary; plus a prepayment premium, if applicable. Wherefore, notice hereby is given that the undersigned trustee will on 12/06/2019 at the hour of 10:00AM in accord with the standard of time established by ORS 187.110, at the following place: Inside the foyer of the main entrance of the Multnomah County Courthouse, 1021 SW 4th Avenue, Portland, OR 97204, sell at public auction to the highest bidder for cash the interest in the described Property which the grantor had or had power to convey at the time of the execution by Grantor of the Deed of Trust, together with any interest which the Grantor or Grantor’s successors in interest acquired after the execution of the Deed of Trust, 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 for reinstatement or payoff quotes requested pursuant to ORS 86.786 must be timely communicated in a written request that complies with that statute addressed to the trustee’s Urgent Request Desk either by personal delivery to the trustee’s physical offices (call for address) or by first class, certified mail, return receipt requested, addressed to the trustee’s at the address set forth in this notice. Due to potential conflicts with federal law, persons having no record legal or equitable interest in the subject Property will only receive information concerning the lender’s estimated or actual bid. Notice is further given that any person named in ORS 86.778 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 Deed of Trust 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) and by curing any other default complained of herein that is capable of being cured by tendering the performance required under the obligation or Deed of Trust, and in addition to paying said sums or tendering the performance necessary to cure the default, by paying all costs and expenses actually incurred in enforcing the obligation and Deed of Trust, together with trustee’s and attorney’s fees not exceeding the amounts provided by said ORS 86.778. Requests from persons named in ORS 86.778 for reinstatement quotes received less than six days prior to the date set for the trustee’s sale will be honored only at the discretion of the beneficiary or if required by the terms of the subject loan documents relating to the Deed of Trust. 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 said Deed of Trust, and the words trustee and beneficiary include their respective successors in interest, if any. The Property Covered In This Action Includes All Such Real Property And The Personal Property In Which The Beneficiary Has A Security Interest Described In Exhibits A And B Attached Hereto, Respectively, It Being The Election Of The Current Beneficiary Under Said Deed Of Trust To Cause A Unified Sale To Be Made Of Said Real And Personal Property In Accordance With The Provisions Of ORS 79.0604(1). For Sale Information Call: 877-440-4460 or Login to: Dated: July 30, 2019 ZBS Law, LLP By: /s/ Jeffrey A. Myers OSB 094561 Title: Attorney at Law Physical Address: Jeffrey A. Myers ZBS Law, LLP 121 SW Salmon Street, 11th Floor Portland, OR 97204 For further information, please contact: ZBS Law, LLP c/o Assured Lender Services, Inc. 2552 Walnut Avenue, Suite 100 Tustin, CA 92780 714-508-7373 Fax: 714-505-3831 This Communication Is From A Debt Collector And Is An Attempt To Collect A Debt. Any Information Obtained Will Be Used For That Purpose. Exhibit A Legal Description of Property San Rafael Property Parcel I: Parcel 2, Partition Plat No, 2003-76, in the City of Gresham. County of Multnomah and State of Oregon. Parcel II: All of Tract D and that portion of Tract E, Banfield Corporate Park, in the City of Gresham, County of Multnomah and State of Oregon, described as follows: Beginning at the Southerly corner common to said Tract D and said Tract E, said corner being on the Northerly right-of-way line of N.E. San Rafael Street, 30.00 feet from centerline when measured at right angles to said centerline; thence North 01deg.20’53’ East along the line separating said Tracts, 214.52 feet to the Northerly corner common to said Tracts; thence South 88deg.39’07 East along the Northerly line of said Tract E

ad: 131858

Publication: Non-Judicial (Trustee Sales)

Section: Legals

Start Date: 2019/09/27

End Date: 2019/10/18

Court Number: F19-00013


County: Multnomah