TRUSTEE'S NOTICE OF SALE
Reference is made to a certain Trust Deed ("Trust Deed") made, executed and delivered by Michael Burroughs who acquired title as Mike B. Burroughs, as Grantor, to First American Title Company, as Trustee, in favor of SOFCU Community Credit Union, as Beneficiary, dated February 7, 2008, and recorded on February 13, 2008, as Recording No. 2008-002518, in the mortgage records of Josephine County, Oregon, which Trust Deed was modified by instrument recorded on June 16, 2009 as Recording No. 2009-0100121. SOFCU Community Credit Union is now known as First Community Credit Union.
The Trust Deed covers the following described real property ("Property") situated in said county and state, to-wit:
Lot 5, BALLINGER SUBDIVISION, in the City of Grants Pass, Josephine County, Oregon according to the official plat thereof, recorded in Volume 5, Page 2, Plat Records.
There are defaults by the Grantor or other person owing an obligation, the performance of which is secured by the Trust Deed, with respect to provisions therein which authorize sale in the event of default of such provision; the defaults for which foreclosure is made are:
1. Grantor's failure to pay real property taxes when due;
2. Commencement of a foreclosure proceeding by the Josephine County Tax Collector;
3. Grantor's transfer of an interest in the Property without written consent of the Beneficiary; and
4. Grantor's failure to pay when due the following sums: arrearage in the sum of $23,927.11 as of March 1, 2013, plus additional payments, property expenditures, taxes, liens, assessments, insurance, late fees, attorney's and Trustee's fees and costs, and interest due at the time of reinstatement or sale.
By reason of said defaults, the Beneficiary has declared all sums owing on the obligations secured by said Trust Deed immediately due and payable, said sums being the following, to-wit:
Payoff in the sum of $160,223.11 as of March 1, 2013, plus taxes, liens, assessments, property expenditures, insurance, accruing interest, late fees, attorney's and Trustee's fees and costs incurred by Beneficiary or its assigns.
WHEREFORE, notice hereby is given that the undersigned Trustee will on July 31, 2013, at the hour of 11:00 a.m., in accord with the standard of time established by ORS 187.110, at the following place: Front Steps at the Josephine County Courthouse, 500 NW 6th & C Streets, Grants Pass, Oregon, sell at public auction to the highest bidder for cash the interest in the above-described Property, which the Grantor had or 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 the Trust Deed, to satisfy the 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 86.753 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 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) 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 sum or tendering the performance necessary to cure the default, by 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 said ORS 86.753.
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 "Beneficiary" include their respective successors in interest, if any.
The NOTICE TO RESIDENTIAL TENANTS, attached hereto as Exhibit A, is incorporated herein by reference. [Exhibit A, NOTICE TO RESIDENTIAL TENANTS, is not published pursuant to 86.750(2)(b).]
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
DATED: March 7, 2013.
Valerie A. Tomasi, Successor Trustee
Tomasi Salyer Baroway
121 SW Morrison, Suite 1850, Portland, OR 97204
Phone: 503-894-9900; fax: 971-544-7236
No. 00294834 - May 17, 24, 31 and June 7, 2013
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF JOSEPHINE
The Bank of New York Mellon, as Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates Series 1998-8,
RONALD D. TENISON; LORRAINE T. TENISON; NORTHWEST COMMUNITY CREDIT UNION FDBA WOOD PRODUCTS CREDIT UNION; PARKWAY VILLAGE, LLC; SCOTT C. FOLIN, AS TRUSTEE OF THE FOLIN FAMILY TRUST; LORAINE P. FOLIN, AS TRUSTEE OF THE FOLIN FAMILY TRUST; DISCOVER BANK; COUNTY OF JOSEPHINE; STATE OF OREGON, OTHER PERSONS OR PARTIES, including OCCUPANTS, UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT HEREIN
TO THE DEFENDANTS: Lorraine T. Tenison
NOTICE TO DEFENDANT: READ THESE PAPERS CAREFULLY!
A lawsuit has been started against you in the above-entitled Court by The Bank of New York Mellon, as Trustee for the Structured Asset Securities Corporation Mortgage Pass-Through Certificates Series 1998-8, Plaintiff. Plaintiff's claim is stated in the written Complaint, a copy of which is on file at the Josephine County Courthouse. You must “appear” in this case or the other side will win automatically. To “appear” you must file with the court a legal paper called a “motion” or “answer.” The “motion” or “answer” must be given to the court clerk or administrator within 30 days along with the required filing fee. It must be in proper form and have proof of service on the plaintiff’s attorney or, if the plaintiff does not have an attorney, proof of service on the plaintiff.
The object of the complaint is to foreclose a deed of trust dated April 7, 1998 and recorded as Instrument No. 98-7438 given by Ronald D. Tenison and Lorraine T. Tenison on property commonly known as 7255 N. Applegate Road, Grants Pass, OR 97527 and legally described in the Complaint, Section 3.
The complaint seeks to foreclose and terminate all interest of Lorraine T. Tenison and all other interests in the property.
The “motion” or “answer” (or “reply”) must be given to the court clerk or administrator within 30 days of the date of first publication specified herein along with the required filing fee. The date of first publication of the summons is May 17, 2013.
If you have questions, you should see an attorney immediately. If you need help in finding an attorney, you may contact the Oregon State Bar’s Lawyer Referral Service online at www.oregonstatebar.org or by calling (503) 684-3763 (in the Portland metropolitan area) or toll-free elsewhere in Oregon at (800) 452-7636.
Attorney for Plaintiff,
/s/ James A. Craft
James A. Craft #090146 [firstname.lastname@example.org]
SHAPIRO & SUTHERLAND, LLC
1499 SE Tech Center Place, Suite 255
Vancouver, WA 98683
(360)260-2253; Fax (360)260-2285
S&S No. 10-105448
SHAPIRO & SUTHERLAND, LLC
1499 SE Tech Center Place, Suite 255, Vancouver, WA 98683
Telephone (360)260-2253 (800)970-5647
No. 00294998 - May 17, 24. 31 and June 7, 2013