Trustee’s Notice of Sale

Reference is made to that certain Line of Credit Trust Deed, Assignment of Leases and Rents, Security Agreement and Fixture Filing (“Trust Deed”) made by JAMES LAMBERT, as Grantor (“Grantor”), to CHICAGO TITLE INSURANCE COMPANY OF OREGON, as Trustee, in favor of JENNIFER ZEUTSCHEL, a married women as her sole and separate property as to an undivided 23.33% interest, RICHARD JOSEPH SNYDER AND JUDITH ANN SNYDER, TRUSTEES FOR THE J & J SNYDER FAMILY REVOCABLE LIVING TRUST DATED MAY 11, 2009, as to an undivided 23.33 % interest, COLE STEVENS, a single man, as to an undivided 20.00% interest, BRUCE DUNCAN, a single man, as to an undivided 16.67% interest, and COBI STRAUB a single woman, as to an undivided 16.67% interest, as Beneficiaries, dated June 29, 2017, and recorded on July 19, 2017, in the Official Records of MARION County, Oregon, as instrument number 2017 00037565, covering the following described real property situated in the above-mentioned county and state, to-wit: Lot 25, LONE OAK HEIGHTS, PHASE 2, in the City of Salem, Marion County, Oregon. Chicago Title Insurance Company of Oregon was designated trustee in the Trust Deed. The Beneficiaries have appointed Sussman Shank LLP as successor trustee under an Appointment of Successor Trustee, dated October 26, 2018, and recorded on November 29, 2018, in the Official Records of Marion County, Oregon, as Recorder’s No. 2018 00056800. The successor trustee is hereinafter referred to as “Successor Trustee” or “Trustee.” The undersigned hereby certifies that no assignments of the Trust Deed by the trustee or by the Beneficiaries and no appointments of a successor trustee have been made, except as recorded in the records of the county in which the above-described real property is situated. Further, no action has been instituted to recover the debt, or any part thereof, now remaining secured by the Trust Deed, if such action has been instituted, such action has been dismissed except as permitted by ORS 86.752(7). Grantor defaulted under the promissory note secured by the Trust Deed on or about May 15, 2019, by failing to pay installments when due. As a result of the default, the lenders accelerated the balance due under the promissory note. The performance of payment, for which Grantor is in default, is secured by the Trust Deed, with respect to provisions therein which authorize sale in the event of default of such provision. As a result of the above-described default, all sums due and owing on the obligation secured by the Trust Deed are immediately due and payable, those sums being the following as of August 1, 2019, to-wit:
Accelerated Principal Balance Due $300,000.00
Interest through August 1, 2019, at the rate of 18% per annum $33,052.07
Close Out Fee $50.00
Buyer Fee (through August 1, 2019) $10.00
Escrow Fee $60.00
Late Fee (through August 1, 2019) $900.00
Attorney’s Fees/Costs/Expenses through August 19, 2019 $7,822.87
TOTAL DUE: $341,894.94
*Plus a per diem of $147.95 for interest from August 2, 2019, plus accruing late fees, attorney fees, costs, and expenses
WHEREFORE, notice is hereby given that the undersigned Trustee will, on January 15, 2020, at the hour of 10:00 a.m., in accord with the standard of time established by ORS 187.110, at the front steps of the Marion County Courthouse, 100 High St. NE, Salem, OR 97301, County of Marion, State of Oregon, sell at public auction to the highest bidder for cash the interest in the said described real property which the Grantor had power to convey at the time of the execution by Grantor of the said Trust Deed, together with any interest which the Grantor or Grantor’s successors-in-interest acquired after the execution of said Trust Deed, 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 any person named in ORS 86.778 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 payment to the Beneficiaries 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 said sums or tendering the performance necessary to cure the defaults, by paying all costs and expenses actually incurred in enforcing the obligation and Trust Deed, together with trustee’s and attorneys’ fees not exceeding the amounts provided by said 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 said Trust Deed, and the words “Trustee” and “Beneficiaries” include their respective successors-in-interest, if any. Dated 2/13/19 SUSSMAN SHANK LLP as Successor Trustee, 1000 SW Broadway, Suite 1400, Portland, OR 97205 Phone 503-227-1111 Victor Roehm Authorized Signatory of Successor Trustee.
Published Nov. 19, 26, Dec. 3 & 10, 2019.

Order Number: 140377

Publication: Woodburn Independent

Section: Non-Judicial

Start Date: 11/19/19

End Date: 12/10/19

County: Marion