F6 Friday, January 14, 2011 • THE BULLETIN
To place an ad call Classiied • 541-385-5809
1000
1000
1000
1000
1000
1000
1000
1000
1000
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
Legal Notices
LEGAL NOTICE TRUSTEE'S NOTICE OF SALE Loan No: 0031338916 T.S. No.: 10-10817-6 Reference is made to that certain Deed of Trust made by, JAYNE I HEYNE as Grantor to AMERITITLE, as trustee, in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Beneficiary, recorded on September 6, 2006, as Instrument No. 2006-60824 of Official Records in the office of the Recorder of Deschutes County, OR to wit: APN: 248357 LOT TWENTY-THREE (23), ASPEN WINDS, PHASE 2, DESCHUTES COUNTY, OREGON Commonly known as: 145 & 147 SW 25TH STREET, REDMOND, OR Both the Beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said Deed of Trust and notice has been recorded pursuant to Section 86.735(3) of Oregon Revised Statutes: the default for which the foreclosure is made is that the grantor(s): failed to pay payments which became due; together with late charges due; defaulted amounts total: $6,911.71 By this reason of said default the Beneficiary has declared ail obligations secured by said deed of trust immediately due and payable, said sums being the following, to wit: The sum of $310,520.74 together with interest thereon at the rate of 3.66200% per annum from June 1, 2010 until paid; plus all accrued late charges thereon; and all trustee's fees, foreclosure costs and any sums advanced by the Beneficiary pursuant to the terms of said deed of trust. Whereof, notice hereby is given that FIDELITY NATIONAL TITLE INSURANCE COMPANY, the undersigned trustee will on May 16, 2011 at the hour of 11:00 AM, Standard of Time, as established by section 187.110, Oregon Revised Statues, at the front entrance of the Courthouse, 1164 N.W. Bond Street, Bend, County of Deschutes, 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 or had power to convey at the time of the execution of the said Deed of Trust, together with any interest which the grantor or his successor(s) in interest acquired after the execution of said 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 any person named in Section 86.753 of Oregon Revised Statutes has the right to have the foreclosure proceeding dismissed and the trust deed reinstated by payment to the Beneficiary of the entire amount then due (other than such portion of said principal as would not then be due had no default occurred), together with the costs, trustee's or attorney's fees and curing any other default complained of in the Notice of Default by tendering the performance required under the obligation or Deed of Trust, at any time prior to five days before the date last set for sale. FOR FURTHER INFORMATION, PLEASE CONTACT FIDELITY NATIONAL TITLE INSURANCE COMPANY, 17592 E. 17th Street, Suite 300, Tustin, CA 92780 714Â508-5100 SALE INFORMATION CAN BE OBTAINED ON LINE AT www.lpsasap.com AUTOMATED SALES INFORMATION PLEASE CALL 714-730 - 2727 In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word "grantor" includes any successor in interest to the grantor as well as any other persons owing an obligation, the performance of which is secured by said Deed of Trust, the words "trustee" and 'Beneficiary" include their respective successors in interest, if any. Dated: January 8, 2011 FIDELITY NATIONAL TITLE INSURANCE COMPANY, Trustee Juan Enriquez, Authorized Signature ASAP# 3879170 01/14/2011, 01/21/2011, 01/28/2011, 02/04/2011 LEGAL NOTICE TRUSTEE’S NOTICE OF SALE Loan No: 1218035567 T.S. No.: 10-10669-6 Reference is made to that certain Deed of Trust made by, WILLIAM J. WALTON III, AND JULI A. WALTON, HUSBAND AND WIFE as Grantor to NORTHWEST TRUSTEE SERVICES, as trustee, in favor of UNION FEDERAL BANK OF INDIANAPOLIS, as Beneficiary, recorded on February 1, 2005. as Instrument No. 2005-06457 of Official Records in the office of the Recorder of Deschutes County, OR to wit: APN: 192128 LOT SIX (6), TANGLEWOOD PHASE VI. DESCHUTES COUNTY. OREGON. Commonly known as: 834 SE SHADOWOOD DRIVE, BEND. OR Both the Beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said Deed of Trust and notice has been recorded pursuant to Section 86.735(3} of Oregon Revised Statutes: the default for which the foreclosure is made is that the grantor(s): failed to pay payments which became due; together with late charges due; defaulted amounts total:$13,829.65 By this reason of said default the Beneficiary has declared all obligations secured by said deed of trust immediately due and payable, said sums being the following, to wit: The sum of $359,600.00 together with interest thereon at the rate of 5.75000% per annum from June 1, 2010 until paid; plus all accrued late charges thereon; and all trustee's fees, foreclosure costs and any sums advanced by the Beneficiary pursuant to the terms of said deed of trust.
Whereof, notice hereby is given that FIDELITY NATIONAL TITLE INSURANCE COMPANY, the undersigned trustee will on April 29, 2011 at the hour of 11:00 AM, Standard of Time, as established by section 187.110, Oregon Revised Statues, at the front entrance of the Courthouse, 1164 N.W. Bond Street, Bend, County of Deschutes, 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 or had power to convey at the time of the execution of the said Deed of Trust, together with any interest which the grantor or his successor(s) in interest acquired after the execution of said 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 any person named in Section 86.753 of Oregon Revised Statutes has the right to have the foreclosure proceeding dismissed and the trust deed reinstated by payment to the Beneficiary of the entire amount then due (other than such portion of said principal as would not then be due had no default occurred), together with the costs, trustee's or attorney's fees and curing any other default complained of in the Notice of Default by tendering the performance required under the obligation or Deed of Trust, at any time prior to five days before the date last set for sale. FOR FURTHER INFORMATION, PLEASE CONTACT FIDELITY NATIONAL TITLE INSURANCE COMPANY, 17592 E. 17th Street, Suite 300, Tustin, CA 92780 714-508-5100 SALE INFORMATION CAN BE OBTAINED ON LINE AT www.fidelityasap.com AUTOMATED SALES INFORMATION PLEASE CALL 714-259-7850 In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word "grantor" includes any successor in interest to the grantor as well as any other persons owing an obligation, the performance of which is secured by said Deed of Trust, the words "trustee" and 'Beneficiary" include their respective successors in interest, if any. Dated: December 29, 2010 FIDELITY NATIONAL TITLE INSURANCE COMPANY, Trustee Juan Enriquez, Authorized Signature ASAP# 3868705 01/07/2011, 01/14/2011, 01/21/2011, 01/28/2011 LEGAL NOTICE TRUSTEE’S NOTICE OF SALE Loan No: 0081340325 T.S. No.: 10-12427-6 Reference is made to that certain Deed of Trust made by, ROBERT E. KAVANAUGH AND SHERRY L. KAVANAUGH as Grantor to FIDELITY NATIONAL TITLE INS CO, as trustee, in favor of WELLS FARGO BANK NA, as Beneficiary, recorded on December 14, 2007, as Instrument No. 2007-63904 of Official Records in the office of the Recorder of Deschutes County, OR to wit: APN: 250887 LOT TWENTY-ONE (21), WESTBROOK VILLAGE, PHASE II, DESCHUTES COUNTY, OREGON. Commonly known as: 61650 VEGA STREET, BEND, OR Both the Beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said Deed of Trust and notice has been recorded pursuant to Section 86.735(3) of Oregon Revised Statutes: the default for which the foreclosure is made is that the grantor(s): failed to pay payments which became due; together with late charges due; defaulted amounts total:$10,216.35 By this reason of said default the Beneficiary has declared all obligations secured by said deed of trust immediately due and payable, said sums being the following, to wit: The sum of $261,965.71 together with interest thereon at the rate of 6.00000% per annum from July 1,2010 until paid; plus all accrued late charges thereon; and all trustee's fees, foreclosure costs and any sums advanced by the Beneficiary pursuant to the terms of said deed of trust. Whereof, notice hereby is given that FIDELITY NATIONAL TITLE INSURANCE COMPANY, the undersigned trustee will on April 27, 2011 at the hour of 11:00 AM, Standard of Time, as established by section 187.110, Oregon Revised Statues, at the front entrance of the Courthouse, 1164 N.W. Bond Street, Bend, County of Deschutes, 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 or had power to convey at the time of the execution of the said Deed of Trust, together with any interest which the grantor or his successor(s) in interest acquired after the execution of said 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 any person named in Section 86.753 of Oregon Revised Statutes has the right to have the foreclosure proceeding dismissed and the trust deed reinstated by payment to the Beneficiary of the entire amount then due (other than such portion of said principal as would not then be due had no default occurred), together with the costs, trustee's or attorney's fees and curing any other default complained of in the Notice of Default by tendering the performance required under the obligation or Deed of Trust, at any time prior to five days before the date last set for sale. FOR FURTHER INFORMATION, PLEASE CONTACT FIDELITY NATIONAL TITLE INSURANCE COMPANY, 17592 E. 17th
Street, Suite 300, Tustin, CA 92780 714508-5100 SALE INFORMATION CAN BE OBTAINED ON LINE AT www.fidelityasap.com AUTOMATED SALES INFORMATION PLEASE CALL 714-259-7850 In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word "grantor" includes any successor in interest to the grantor as well as any other persons owing an obligation, the performance of which is secured by said Deed of Trust, the words "trustee" and 'Beneficiary" include their respective successors in interest, if any. Dated: December 29, 2010 FIDELITY NATIONAL TITLE INSURANCE COMPANY, Trustee Juan Enriquez, Authorized Signature ASAP# 3868786 01/07/2011, 01/14/2011, 01/21/2011, 01/28/2011 LEGAL NOTICE TRUSTEE'S NOTICE OF SALE Loan No: 1218081178 T.S. No.: 10-10564-6 Reference is made to that certain Deed of Trust made by, PETER M. BAUGHMAN AND MONICA BAUGHMAN, HUSBAND AND WIFE, AND TODD LIKENS as Grantor to NORTHWEST TRUSTEE SERVICES, as trustee, in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Beneficiary, recorded on December 22, 2005, as Instrument No, 2005-88100 of Official Records in the office of the Recorder of Deschutes County, OR to wit: APN: 158751 UNIT SIX (6), OF HAWTHORNE TOWNHOMES PHASE 1, DESCHUTES COUNTY, OREGON, TOGETHER WITH AN UNDIVIDED INTEREST IN AND TO THE COMMON ELEMENTS APPERTAINING TO SAID UNIT AS SET FORTH IN DECLARATION OF UNIT OWNERSHIP, RECORDED APRIL 13, 1979, IN BOOK 296, PAGE 944, DEED RECORDS Commonly known as: 111 NW HAWTHORNE AVE #6, BEND, OR Both the Beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said Deed of Trust and notice has been recorded pursuant to Section 86,735(3) of Oregon Revised Statutes: the default for which the foreclosure is made is that the grantor(s): failed to pay payments which became due; together with late charges due; defaulted amounts total:$11,785.58 By this reason of sard default the Beneficiary has declared all obligations secured by said deed of trust immediately due and payable, said sums being the following, to wit: The sum of $234,654.05 together with interest thereon at the rate of 6.62500% per annum from May 1, 2010 until paid; plus all accrued late charges thereon; and all trustee's fees, foreclosure costs and any sums advanced by the Beneficiary pursuant to the terms of said deed of trust. Whereof, notice hereby is given that FIDELITY NATIONAL TITLE INSURANCE COMPANY, the undersigned trustee will on April 29, 2011 at the hour of 11:00 AM, Standard of Time, as established by section 187.110, Oregon Revised Statues, at the front entrance of the Courthouse, 1164 N.W. Bond Street, Bend, County of Deschutes, 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 or had power to convey at the time of the execution of the said Deed of Trust, together with any interest which the grantor or his successor(s) in interest acquired after the execution of said 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 any person named in Section 86.753 of Oregon Revised Statutes has the right to have the foreclosure proceeding dismissed and the trust deed reinstated by payment to the Beneficiary of the entire amount then due {other than such portion of said principal as would not then be due had no default occurred), together with the costs, trustee's or attorney's fees and curing any other default complained of in the Notice of Default by tendering the performance required under the obligation or Deed of Trust, at any time prior to five days before the date last set for sale. FOR FURTHER INFORMATION, PLEASE CONTACT FIDELITY NATIONAL TITLE INSURANCE COMPANY, 17592 E. 17th Street, Suite 300, Tustin, CA 92780 714508-5100 SALE INFORMATION CAN BE OBTAINED ON LINE AT www.fidelityasap.com AUTOMATED SALES INFORMATION PLEASE CALL 714-259-7850In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word "grantor" includes any successor in interest to the grantor as well as any other persons owing an obligation, the performance of which is secured by said Deed of Trust, the words "trustee" and "Beneficiary" include their respective successors in interest, if any. Dated: December 29, 2010 FIDELITY NATIONAL TITLE INSURANCE COMPANY, Trustee Javier Vasquez, Jr., Authorized Signature ASAP# 3870263 01/07/2011, 01/14/2011, 01/21/2011, 01/28/2011
LEGAL NOTICE TRUSTEE’S NOTICE OF SALE Loan No: 0150587897 T.S. No.: 10-12634-6 Reference is made to that certain Deed of Trust made by, CARL WALLACE AND MARY WALLACE, AS TENANTS BY THE ENTIRETY as Grantor to FIDELITY NATIONAL TITLE INSURANCE COMPANY, as trustee, in favor of WELLS FARGO BANK NA, as Beneficiary, recorded on March 3, 2006, as Instrument No. 2006-14891 of Official Records in the office of the Recorder of Deschutes County, OR to wit: APN: 202702 PARCEL 2 OF PARTITION PLAT 2001-21, LOCATED IN THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 18 SOUTH, RANGE 12 EAST, DESCHUTES COUNTY, OREGON. Commonly known as: 21825 BEAR CREEK ROAD, BEND, OR Both the Beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said Deed of Trust and notice has been recorded pursuant to Section 86.735(3) of Oregon Revised Statutes: the default for which the foreclosure is made is that the grantor(s): failed to pay payments which became due; together with late charges due; defaulted amounts total: $15,972.66 By this reason of said default the Beneficiary has declared all obligations secured by said deed of trust immediately due and payable, said sums being the following, to wit: The sum of $489,372.62 together with interest thereon at the rate of 6.50000% per annum from July 1, 2010 until paid; plus all accrued late charges thereon; and all trustee's fees, foreclosure costs and any sums advanced by the Beneficiary pursuant to the terms of said deed of trust. Whereof, notice hereby is given that FIDELITY NATIONAL TITLE INSURANCE COMPANY, the undersigned trustee will on May 13, 2011 at the hour of 11:00 AM, Standard of Time, as established by section 187.110, Oregon Revised Statues, at the front entrance of the Courthouse, 1164 N.W. Bond Street, Bend, County of Deschutes, 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 or had power to convey at the time of the execution of the said Deed of Trust, together with any interest which the grantor or his successor(s) in interest acquired after the execution of said 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 any person named in Section 86.753 of Oregon Revised Statutes has the right to have the foreclosure proceeding dismissed and the trust deed reinstated by payment to the Beneficiary of the entire amount then due (other than such portion of said principal as would not then be due had no default occurred), together with the costs, trustee's or attorney's fees and curing any other default complained of in the Notice of Default by tendering the performance required under the obligation or Deed of Trust, at any time prior to five days before the date last set for sale. FOR FURTHER INFORMATION, PLEASE CONTACT FIDELITY NATIONAL TITLE INSURANCE COMPANY, 17592 E. 17th Street, Suite 300, Tustin, CA 92780 714Â508-5100 SALE INFORMATION CAN BE OBTAINED ON LINE AT www.lpsasap.com AUTOMATED
SALES INFORMATION PLEASE CALL 714-730 - 2727 In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word "grantor" includes any successor in interest to the grantor as well as any other persons owing an obligation, the performance of which is secured by said Deed of Trust, the words "trustee" and "Beneficiary" include their respective successors in interest, if any. Dated: January 8, 2011 FIDELITY NATIONAL TITLE INSURANCE COMPANY, Trustee Juan Enriquez, Authorized Signature ASAP# 3879191 01/14/2011, 01/21/2011, 01/28/2011, 02/04/2011 LEGAL NOTICE 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 the Trust Deed to satisfy the obligations secured thereby. Pursuant to ORS 86.745, the following information is provided: 1. PARTIES: Grantor: ROGER L. PHILLIPS AND SUSAN M. PHILLIPS. Trustee: FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON. Successor Trustee: NANCY K. CARY. Beneficiary: WORLD SAVINGS BANK, FSB. 2. DESCRIPTION OF PROPERTY: The real property is described as follows: Lot One (1), RIDGE AT EAGLE CREST 36, recorded February 4, 2002, in Cabinet F, Page 23, Deschutes County, Oregon. 3. RECORDING. The Trust Deed was recorded as follows: Date Recorded: December 27, 2007. Recording No.: 2007-65883 Official Records of Deschutes County, Oregon. 4. DEFAULT. The Grantor or any other person obligated on the Trust Deed and Promissory Note secured thereby is in default and the Beneficiary seeks to foreclose the Trust Deed for failure to pay: Monthly payments in the amount of $2,307.21 each, due the fifteenth of each month, for the months of January 2010 through October 2010; plus late charges and advances; plus any unpaid real property taxes or liens, plus interest. 5. AMOUNT DUE. The amount due on the Note which is secured by the Trust Deed referred to herein is: Principal balance in the amount of $416,546.46; plus interest at an adjustable rate pursuant to the terms of the Promissory Note from December 15, 2009; plus late charges of $777.87; plus advances and foreclosure attorney fees and costs. 6. SALE OF PROPERTY. The Trustee hereby states that the property will be sold to satisfy the obligations secured by the Trust Deed. A Trustee's Notice of Default and Election to Sell Under Terms of Trust Deed has been recorded in the Official Records of Deschutes County, Oregon. 7. TIME OF SALE. Date: March 17, 2011. Time: 11:00 a.m. Place: Deschutes County Courthouse, 1164 NW Bond Street, Bend, Oregon. 8. RIGHT TO REINSTATE. Any person named in ORS 86.753 has the right, at any time that is not later than five days before the Trustee conducts the sale, to have this foreclosure 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 then be due had no default occurred, by curing any other default that is capable of being cured by tendering the performance required under the obligation or Trust Deed and by paying all costs and expenses actually incurred in
enforcing the obligation and Trust Deed, together with the trustee's and attorney's fees not exceeding the amount provided in ORS 86.753. You may reach the Oregon State Bar's Lawyer Referral Service at 503-684-3763 or toll-free in Oregon at 800-452-7636 or you may visit its website at: www.osbar.org. Legal assistance may be available if you have a low income and meet federal poverty guidelines. For more information and a directory of legal aid programs, go to http://www.oregonlawhelp.o rg. Any questions regarding this matter should be directed to Lisa Summers, Paralegal, (541) 686-0344 (TS #17368.30831). DATED: November 1, 2010. /s/ Nancy K. Cary. Nancy K. Cary, Successor Trustee, Hershner Hunter, LLP, P.O. Box 1475, Eugene, OR 97440. LEGAL NOTICE 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 the Trust Deed to satisfy the obligations secured thereby. Pursuant to ORS 86.745, the following information is provided: 1. PARTIES: Grantor: MICHAEL J. HENDERSON. Trustee: WESTERN TITLE. Successor Trustee: NANCY K. CARY. Beneficiary: OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT, STATE OF OREGON, as assignee of, BANK OF THE CASCADES MORTGAGE CENTER. 2. DESCRIPTION OF PROPERTY: The real property is described as follows: Lot Thirty-Seven (37), OBSIDIAN ESTATES, City of Redmond, recorded August 25, 1992, in Cabinet C, Page 675, Deschutes County, Oregon. 3. RECORDING. The Trust Deed was recorded as follows: Date Recorded: November 1, 2007. Recording No.: 2007-57882 Official Records of Deschutes County, Oregon. 4. DEFAULT. The Grantor or any other person obligated on the Trust Deed and Promissory Note secured thereby is in default and the Beneficiary seeks to foreclose the Trust Deed for failure to pay: Monthly payments in the amount of $1,497.00 each, due the first of each month, for the months of June 2010 through October 2010; plus late charges and advances; plus any unpaid real property taxes or liens, plus interest. 5. AMOUNT DUE. The amount due on the Note which is secured by the Trust Deed referred to herein is: Principal balance in the amount of $208,812.07; plus interest at the rate of 5.6250% per annum from May 1, 2010; plus late charges of $1,015.98; plus advances and foreclosure attorney fees and costs. 6. SALE OF PROPERTY. The Trustee hereby states that the property will be sold to satisfy the obligations secured by the Trust Deed. A Trustee's Notice of Default and Election to Sell Under Terms of Trust Deed has been recorded in the Official Records of Deschutes County, Oregon. 7. TIME OF SALE. Date: March 17, 2011. Time: 11:00 a.m. Place: Deschutes County Courthouse, 1164 NW Bond Street, Bend, Oregon. 8. RIGHT TO REINSTATE. Any person named in ORS 86.753 has the right, at any time that is not later than five days before the Trustee conducts the sale, to have this foreclosure 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 then be due had no default occurred, by cur-
1000
1000
1000
Legal Notices
Legal Notices
Legal Notices
LEGAL NOTICE TRUSTEE'S NOTICE OF SALE PLEASE TAKE NOTICE that the foregoing instrument shall constitute notice, pursuant to ORS 86.740, that the Grantor of the Trust Deed described below has defaulted on its obligations to beneficiary, and that the Beneficiary and Successor Trustee under the Trust Deed have elected to sell the property secured by the Trust Deed: TRUST DEED AND PROPERTY DESCRIPTION: This instrument makes reference to that certain Trust Deed, Security Agreement, and Assignment of Leases and Rents dated October 4, 2007, and recorded on October 4, 2007, as instrument number 2007-53577, in the Official Records of Deschutes County, State of Oregon, wherein ARROWOOD TETHEROW, LLC, an Oregon limited liability company, is the Grantor and WEST COAST TITLE COMPANY is the Trustee, and WESTON INVESTMENT CO. LLC, an Oregon limited liability company, is the Beneficiary, as amended by an Amendment to Trust Deed dated February 16, 2010 and recorded on May 14, 2010, as instrument number 2010-18974, in the Official Records of Deschutes County, State of Oregon (the "Trust Deed"). The aforementioned Trust Deed covers property (the "Property") described as: Tract AC, TETHEROW PHASE 1, filed September 24, 2007, Plat Cabinet H, Page 470, Deschutes County, Oregon. The tax parcel number is: 260624. The undersigned hereby certifies that she has no knowledge of any assignments of the Trust Deed by the Trustee or by the Beneficiary or any appointments of a Successor Trustee other than the appointment of DENISE J. LUKINS, Esq., as Successor Trustee as recorded in the property records of the county in which the Property described above is situated. Further, the undersigned certifies that no action has been instituted to recover the debt, or any part thereof, now remaining secured by the Trust Deed. Or, if such action has been instituted, it has been dismissed except as permitted by ORS 86.735(4). The name and address of Successor Trustee are as follows: Denise J. Lukins, Esq., Successor Trustee, Salmon Creek Law Offices, 1412 NE 134th Street, Suite 130, Vancouver, WA 98685. The Trust Deed is not a "Residential Trust Deed", as defined in ORS 86.705(3), thus the requirements of Chapter 19, Section 20, Oregon Laws 2008, and Chapter 864 [S.B. 628], Oregon Laws 2009, do not apply. DEFAULT BY BORROWER: There are continuing and uncured defaults by Arrowood Tetherow, LLC (the "Borrower") that, based on the provisions of the Trust Deed, authorize the foreclosure of the Trust Deed and the sale of the Property described above, which uncured and continuing defaults include but are not necessarily limited to the following: 1. Borrower's failure to pay to Beneficiary, when and in the full amounts due, payments as set forth on the Agreement for Letter of Credit dated and effective October 5, 2007, as amended by Amendment to Agreement for Letter of Credit dated December 15, 2009, secured by said Trust Deed. Borrower has failed to pay Beneficiary payments totaling $2,475,316.81 as of October 19, 2010. The full $2,475,316.81 is now due and payable along with all costs and fees associated with this foreclosure. Letter of Credit fees continue to accrue at $2,856.99 per diem. 2. As to the defaults which do not involve payment of money to the Beneficiary of the Trust Deed, you must cure each such default. Listed below are the defaults which do not involve payment of money to the Beneficiary of the Trust Deed. Opposite each such listed default is a brief description of the action necessary to cure the default and a description of the documentation necessary to show that the default has been cured. The list does not exhaust all possible other defaults; any and all defaults identified by Beneficiary or the Successor Trustee that are not listed below must also be cured. OTHER DEFAULT/ Description of Action Required to Cure and Documentation Necessary to Show Cure: Non-Payment of Taxes and/or Assessments. Deliver to Successor Trustee written proof that all taxes and assessments against the Real Property are paid current. Permitting liens and encumbrances to attach to the Property, including a deed of trust by Schwabe, Williamson & Wyatt, P.C.; a deed of trust by First American Title Insurance Company; and a judgment by Hotel Financial Strategies. Deliver to Successor Trustee written proof that all liens and encumbrances against the Real Property have been satisfied and released from the public record. ELECTION TO SELL: Notice is hereby given that the Beneficiary, by reason of the uncured and continuing defaults described above, has elected and does hereby elect to foreclose said Trust Deed by advertisement and sale pursuant to ORS 86.735 et seq., and to cause to be sold at public auction to the highest bidder for cash, the Grantor's interest in the subject Property, which the Grantor had, or had the power to convey, at the time the Grantor executed the Trust Deed in favor of the Beneficiary, along with any interest the Grantor or the Grantor's successors in interest acquired after the execution of the Trust Deed, to satisfy the obligations secured by the Trust Deed as well as the expenses of the sale, including compensation of the Trustee as provided by law, and the reasonable fees of Trustee's attorneys. PLEASE TAKE NOTICE that the sale will be held at the hour of 10:00 a.m., in accordance with the standard of time established by ORS 187.110, on Friday, March 18, 2011, on the front steps of the main entrance to the Deschutes County Courthouse, 1164 NW Bond Street, Bend, Oregon 97701. RIGHT OF REINSTATEMENT: Notice is further given that 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 satisfied by (A) 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, together with the costs and expenses actually incurred in enforcing the terms of the obligation, as well as Successor Trustee and attorney fees as prescribed by ORS 86.753); and (B) by curing all such other continuing and uncured defaults as noted in this Notice. DATED: October 20, 2010. By: Denise J. Lukins, Esq., OSB 95339, Successor Trustee, Salmon Creek Law Offices, 1412 NE 134th St Ste 130, Vancouver WA 98685. Telephone: (360) 576-5322. Facsimile: (360) 576-5342. Email: dlukins@salmoncreeklawoffices.com.
ing any other default that is capable of being cured by tendering the performance required under the obligation or Trust Deed and by paying all costs and expenses actually incurred in enforcing the obligation and Trust Deed, together with the trustee's and attorney's fees not exceeding the amount provided in ORS 86.753. You may reach the Oregon State Bar's Lawyer Referral Service at 503-684-3763 or toll-free in Oregon at 800-452-7636 or you may visit its website at: www.osbar.org. Legal assistance may be available if you have a low income and meet federal poverty guidelines. For more information and a directory of legal aid programs, go to http://www.oregonlawhelp.o rg. Any questions regarding this matter should be directed to Lisa Summers, Paralegal, (541) 686-0344 (TS #07754.30319). DATED: October 27, 2010. /s/ Nancy K. Cary. Nancy K. Cary, Successor Trustee, Hershner Hunter, LLP, P.O. Box 1475, Eugene, OR 97440. LEGAL NOTICE TRUSTEE'S NOTICE OF SALE Loan No: 0111166534 T.S. No.: 10-12121-6 Reference is made to that certain Deed of Trust made by, DAVID P. MCNIFF AND JUNE MCNIFF, HUSBAND AND WIFE as Grantor to FIDELITY NATIONAL TITLE INS CO., as trustee, in favor of Wells Fargo Bank, NA, as Beneficiary, recorded on November 5, 2009, as Instrument No. 2009-46870 of Official Records in the office of the Recorder of Deschutes County, OR to wit: APN: 144159 LOT SEVENTEEN (17), BLOCK EIGHTEEN (18), SECOND ADDITION TO WHISPERING PINES ESTATES, DESCHUTES COUNTY, OREGON. Commonly known as: 65528 93RD ST., BEND, OR Both the Beneficiary and the trustee have elected to sell the said
real property to satisfy the obligations secured by said Deed of Trust and notice has been recorded pursuant to Section 86.735(3) of Oregon Revised Statutes: the default for which the foreclosure is made is that the grantor(s): failed to pay payments which became due; together with late charges due; defaulted amounts total: $10,829.03 By this reason of said default the Beneficiary has declared all obligations secured by said deed of trust immediately due and payable, said sums being the following, to wit: The sum of $305,695.50 together with interest thereon at the rate of 5.62500% per annum from July 1, 2010 until paid; plus all accrued late charges thereon; and all trustee's fees, foreclosure costs and any sums advanced by the Beneficiary pursuant to the terms of said deed of trust. Whereof, notice hereby is given that FIDELITY NATIONAL TITLE INSURANCE COMPANY, the undersigned trustee wilt on April 18, 2011 at the hour of 11:00 AM, Standard of Time, as established by section 187.110, Oregon Revised Statues, at the front entrance of the Courthouse, 1164 N.W. Bond Street, Bend, County of Deschutes, 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 or had power to convey at the time of the execution of the said Deed of Trust, together with any interest which the grantor or his successor(s) in interest acquired after the execution of said 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 any person named in Section 86.753 of Oregon Revised Statutes has the right to have the foreclosure proceeding dis-
missed and the trust deed reinstated by payment to the Beneficiary of the entire amount then due (other than such portion of said principal as would not then be due had no default occurred), together with the costs, trustee's or attorney's fees and curing any other default complained of in the Notice of Default by tendering the performance required under the obligation or Deed of Trust, at any time prior to five days before the date last set for sale. FOR FURTHER INFORMATION, PLEASE CONTACT FIDELITY NATIONAL TITLE INSURANCE COMPANY, 17592 E. 17th Street, Suite 300, Tustin, CA 92780 714-508-5100 SALE INFORMATION CAN BE OBTAINED ON LINE AT www.fidelityasap.com AUTOMATED SALES INFORMATION PLEASE CALL 714-259-7850 In construing this notice, the masculine gender includes the feminine and the neuter, the singular includes plural, the word "grantor" includes any successor in interest to the grantor as well as any other persons owing an obligation, the performance of which is secured by said Deed of Trust, the words "trustee" and "Beneficiary" include their respective successors in interest, if any. FIDELITY NATIONAL TITLE INSURANCE COMPANY, Trustee Dated: December 29, 2010 Juan Enriquez, Authorized Signature ASAP# 3868801 01/07/2011, 01/14/2011, 01/21/2011, 01/28/2011
1000
1000
1000
Legal Notices
Legal Notices
Legal Notices
LEGAL NOTICE TRUSTEE'S NOTICE OF SALE The trust deed to be foreclosed pursuant to Oregon law is referred to as follows (the "Trust Deed"): Grantor: Francine A. Yunker and Laverna M. Merritt. Trustee: Deschutes County Title Company. Beneficiary: Advantis Credit Union. Date: December 7, 2006. Recording Date: December 13, 2006. Recording Reference: 2006-81406. County of Recording: Deschutes County. The Trustee is now Miles D. Monson and the mailing address of the Trustee is: Miles D. Monson, "TRUSTEE", Anderson & Monson, P.C., 10700 SW Beaverton Hillsdale Hwy., Suite 460, Beaverton, OR 97005. The Trust Deed covers the following described real property in the County of Deschutes and State of Oregon, ("the Property"): See Exhibit "A" attached hereto: EXHIBIT “A”: THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 15 SOUTH, RANGE 12 EAST OF THE WILLAMETTE MERIDIAN, DESCHUTES COUNTY, OREGON, LYING SOUTH AND EAST OF THE SOUTHERLY LINE OF FRANK'S ROAD AND NORTH AND EAST OF THE NORTHERLY LINE OF JACKPINE AVENUE AS DESCRIBED IN QUITCLAIM DEED TO DESCHUTES COUNTY, OREGON, RECORDED AUGUST 23, 1977 IN BOOK 256, PAGE 789, DEED RECORDS, DESCHUTES COUNTY, OREGON. EXCEPTING THEREFROM THE EASTERLY 474.97 FEET. The default for which foreclosure is made is: The Grantor's failure to pay when due the following sums: Monthly installments of $2,332.25 beginning August 1, 2009 through the installment due January 1, 2010. The sum owing on the obligation that the Trust Deed secures (the "Obligation") is: $375,935.39 together with interest of $20,915.85 through June 7, 2010, plus interest on the principal sum of $375,935.39 at the rate of 6.00 percent per annum from June 8, 2010, together with Trustee's fees, attorney's fees, foreclosure costs and any sums advanced by the Beneficiary pursuant to the Trust Deed. The Property will be sold to satisfy the Obligation. The date, time and place of the sale is: Date: NOVEMBER 30, 2010 *. Time: 1:00 P.M. Place:DESCHUTES COUNTY COURTHOUSE, FRONT WEST ENTRANCE, 1164 NW BOND, CITY OF BEND, COUNTY OF DESCHUTES AND STATE OF OREGON. *NOTE: THIS FORECLOSURE SALE WAS POSTPONED ON NOVEMBER 30, 2010 AT 1:00 P.M. AT THE DESCHUTES COUNTY COURTHOUSE, FRONT WEST ENTRANCE, 1164 NW BOND, CITY OF BEND, COUNTY OF DESCHUTES AND STATE OF OREGON AND THE NEW SALE DATE IS MARCH 29, 2011 at 1:00 P.M. AT THE SAME LOCATION. NOTICE TO RESIDENTIAL TENANTS: The property in which you are living is in foreclosure. A foreclosure sale is scheduled for NOVEMBER 30, 2010. Unless the lender who is foreclosing on this property is paid, the foreclosure will go through and someone new will own this property. The following information applies to you only if you occupy and rent 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 residential tenant. If the foreclosure goes through, the business or individual who buys this property at the foreclosure sale has the right to require you to move out. The buyer must first give you an eviction notice in writing that specifies the date by which you must move out. The buyer may not give you this notice until after the foreclosure sale happens. If you do not leave before the move-out date, the buyer can have the sheriff remove you from the property after a court hearing. You will receive notice of the court hearing. FEDERAL LAW REQUIRES YOU TO BE NOTIFIED: IF YOU ARE OCCUPYING AND RENTING THIS PROPERTY AS A RESIDENTIAL DWELLING UNDER A LEGITIMATE RENTAL AGREEMENT, FEDERAL LAW REQUIRES THE BUYER TO GIVE YOU NOTICE IN WRITING A CERTAIN NUMBER OF DAYS BEFORE THE BUYER CAN REQUIRE YOU TO MOVE OUT. THE FEDERAL LAW THAT REQUIRES THE BUYER TO GIVE YOU THIS NOTICE IS EFFECTIVE UNTIL DECEMBER 31, 2012. Under federal law, the buyer must give you at least 90 days' notice in writing before requiring you to move out. If you are renting this property under a fixed-term lease (for example, a six-month or one-year lease), you may stay until the end of your lease term. If the buyer wants to move in and use this property as the buyer's primary residence, the buyer can give you written notice and require you to move out after 90 days, even if you have a fixed-term lease with more than 90 days left. STATE LAW NOTIFICATION REQUIREMENTS: IF THE FEDERAL LAW DOES NOT APPLY, STATE LAW STILL REQUIRES THE BUYER TO GIVE YOU NOTICE IN WRITING BEFORE REQUIRING YOU TO MOVE OUT IF YOU ARE OCCUPYING AND RENTING THE PROPERTY AS A TENANT IN GOOD FAITH. EVEN IF THE FEDERAL LAW REQUIREMENT IS NO LONGER EFFECTIVE AFTER DECEMBER 31, 2012, THE REQUIREMENT UNDER STATE LAW STILL APPLIES TO YOUR SITUATION. Under state law, if you have a fixed-term lease (for example, a six-month or one-year lease), the buyer must give you at least 60 days' notice in writing before requiring you to move out. If the buyer wants to move in and use this property as the buyer's primary residence, the buyer can give you written notice and require you to move out after 30 days, even if you have a fixed-term lease with more than 30 days left. If you are renting under a month-to-month or week-to-week rental agreement, the buyer must give you at least 30 days' notice in writing before requiring you to move out. IMPORTANT: For the buyer to be required to give you notice under state law, you must prove to the business or individual who is handling the foreclosure sale that you are occupying and renting this property as a residential dwelling under a legitimate rental agreement. The name and address of the business or individual who is handling the foreclosure sale is shown on this notice under the heading "TRUSTEE." You must mail or deliver your proof not later than October 31, 2010 (30 days before the date first set for the foreclosure sale). Your proof must be in writing and should be a copy of your rental agreement or lease. If you do not have a written rental agreement or lease, you can provide other proof, such as receipts for rent you paid. ABOUT YOUR SECURITY DEPOSIT: Under state law, you may apply your security deposit and any rent you paid in advance against the current rent you owe your landlord. 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 business or individual who 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. You should contact the buyer to discuss that possibility if you would like to stay. Under state law, if the buyer 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 buyer becomes your new landlord and must maintain the property. Otherwise, the buyer is not your landlord and is not responsible for maintaining the property on your behalf and you must move out by the date the buyer specifies in a notice to you. YOU SHOULD CONTINUE TO PAY RENT TO YOUR LANDLORD UNTIL THE PROPERTY IS SOLD TO ANOTHER BUSINESS OR INDIVIDUAL OR UNTIL A COURT OR A LENDER TELLS YOU OTHERWISE. IF YOU DO NOT PAY RENT, YOU CAN BE EVICTED. AS EXPLAINED ABOVE, YOU MAY BE ABLE TO APPLY A DEPOSIT YOU MADE OR PREPAID RENT YOU PAID AGAINST YOUR CURRENT RENT OBLIGATION. BE SURE TO KEEP PROOF OF ANY PAYMENTS YOU MAKE AND OF ANY NOTICE YOU GIVE OR RECEIVE CONCERNING THE APPLICATION OF YOUR DEPOSIT OR YOUR PREPAID RENT. IT IS UNLAWFUL FOR ANY PERSON TO TRY TO FORCE YOU TO LEAVE YOUR HOME WITHOUT FIRST GOING TO COURT TO EVICT YOU. FOR MORE INFORMATION ABOUT YOUR RIGHTS, YOU MAY WISH TO 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. 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. There are government agencies and nonprofit organizations that can give you information about foreclosure and help you decide what to do. For the name and phone number of an organization near you, please call the statewide phone contact number at 1-800-SAFENET (1-800-723-3638). You may also wish to talk to a lawyer. If you need help finding a lawyer, you may call the Oregon State Bar's Lawyer Referral Service at (503) 684-3763 or toll-free in Oregon at (800) 452-7636 or you may visit its Website at: http://www.osbar.org. Legal assistance may be available if you have a low income and meet federal poverty guidelines. For more information and a directory of legal aid programs that provide legal help to individuals at no charge, go to http://www.oregonlawhelp.org and to http://www.osbar.org/public/ris/lowcostlegalhelp/legalaid.html RIGHT TO CURE: The right exists under ORS 86.753 to have this foreclosure proceeding dismissed and the Trust Deed reinstated by doing all of the following at any time that is not later than five days before the date last set for the sale: (1) Paying to the Beneficiary the entire amount then due (other than such portion as would not then be due, had no default occurred); (2) Curing any other default complained of herein that is capable of being cured by tendering the performance required under the Trust Deed; and (3) Paying all costs and expenses actually incurred in enforcing the Obligation and Trust Deed, together with Trustee's and attorney's fees not exceeding the amounts provided by ORS 86.753. In construing this notice, the masculine gender includes the feminine and the neuter, 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. We are a debt collector attempting to collect a debt and any information we obtain will be used to collect the debt. Cashier's checks for the foreclosure sale must be made payable to Miles D. Monson, Successor Trustee. DATED: July 12, 2010. /s/ Miles D. Monson. Miles D. Monson, Trustee, 10700 SW Beaverton-Hillsdale Hwy. #460, Beaverton, Oregon 97005, (503) 646-9230. STATE OF OREGON ss. County of Washington: I, Miles D. Monson, certify that I am the Trustee and that the foregoing is a complete and exact copy of the original Trustee's Notice of Sale. /s/ Miles D. Monson, Successor Trustee.