Reference is made to that certain trust deed made by Joseph B. Marks, Rachel A. Marks, as grantor, to Stewart Title Insurance Company, as trustee, in favor of Mortgage Electronic Registration Systems, Inc. solely as nominee for M&T Mortgage Corporation, as beneficiary, dated 02/19/04, recorded 03/03/04, in the mortgage records of Grant County, Oregon, as 200405698 and subsequently assigned to Chase Home Finance LLC by Assignment recorded as 20062589, covering the following described real property situated in said county and state, to wit:
Township 8 South, Range 31 East, Willamette Meridian, Grant County, Oregon: Sections 30 and 31: That portion of the SW1/4 of Section 30 and N1/2 of Section 31 more particularly described as: Parcel 1 and 2 of Land Partition Plat No. 2003-11 filed for record in the office of the Clerk of said County and State on October 1, 2003. Includes a 1973 Van Dyke Manufactured Home, Serial #S11242, Xplate= X230731, home ID# 278555.
PROPERTY ADDRESS: 34769 Ritter Road, Long Creek, OR 97856.
Both the beneficiary and the trustee have elected to sell the real property to satisfy the obligations secured by the trust deed and a notice of default has been recorded pursuant to Oregon Revised Statutes 86.735(3); the default for which the foreclosure is made is grantor's failure to pay when due the following sums: monthly payments of $1,906.16 beginning 12/01/05; plus late charges of $0.00 each month beginning 12/16/05; plus prior accrued late charges of $0.00; plus advances of $15.00; together with title expense, costs, trustee's fees and attorney's fees incurred herein by reason of said default; any further sums advanced by the beneficiary for the protection of the above described real property and its interest therein; and prepayment penalties/premiums, if applicable.
By reason of said default the beneficiary has declared all sums owing on the obligation secured by the trust deed immediately due and payable, said sums being the following, to wit: $259,263.99 with interest thereon at the rate of 5.375 percent per annum beginning 11/01/05; plus late charges of $0.00 each month beginning 12/16/05 until paid; plus prior accrued late charges of $0.00; plus advances of $15.00; together with title expense, costs, trustee's fees and attorneys fees incurred herein by reason of said default; any further sums advanced by the beneficiary for the protection of the above described real property and its interest therein; and prepayment penalties/premiums, if applicable.
WHEREFORE, notice hereby is given that the undersigned trustee will on August 6, 2007 at the hour of 10:00 o'clock, A.M. in accord with the standard of time established by ORS 187.110, at the following place: outside the main entrance to the Grant County Courthouse, 201 S. Humbolt Street, in the City of Canyon City, County of Grant, State of Oregon, sell at public auction to the highest bidder for cash the interest in the described real property which the grantor had or had power to convey at the time of the execution by grantor of the 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 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 requestedpursuant to ORS 86.757 and 86.759 must be timely communicated in a written request that complies with that statute addressed to the trustees "Urgent Request Deskîeither by personal delivery to the trustees physical offices (call for address) or by first class, certified mail, return receipt requested,addressed to the trustee's post office box address set forth in this notice. Due to potential conflicts withfederal law,persons having no record legal or equitable interest in the subject property will only receive information concerning the lender'sestimated or actual bid.Lender bid information is also availableat the trustee's website, HYPERLINK "http://www.northwesttrustee.com" www.northwesttrustee.com. 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 sums 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. Requestsfrom persons named in ORS 86.753 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 loan documents.
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 trustee's rules of auction may be accessed at http://www.northwesttrustee.com and are incorporated by this reference.You may also access sale status at http://www.northwesttrustee.com and www.USA-Foreclosure.com.
Northwest Trustee Services, Inc.
Dated: April 4, 2007
By Rebecca Baker, Assistant Vice President,
Northwest Trustee Services, Inc. is successor by merger to Northwest Trustee Services, PLLC (formerly known as Northwest Trustee Services, LLC)