Reference is made to that certain Trust Deed made by TIMOTHY J BOETHIN, AND HAILEY D BOETHIN , AS TENANTS BY THE ENTIRETY, as grantor(s), to FIDELITY NATIONAL TITLE INSURANCE CO, as Trustee, in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as Beneficiary, dated 06/11/07, recorded 06/18/07, in the mortgage records of Grant County, OR, as Recorder's fee/file/instrument/microfilm/reception Number 20071633, covering the following described real property situated in said county and state, to wit: **LEGAL DESCRIPTION: LOTS 14 AND 15 OF BOOK C OF PROPHET ADDITION TO THE TOWN OF CANYON CITY, OREGON, AS SHOWN BY THE PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY AND STATE IN BOOK 2 OF TOWN PLATS, AT PAGE 11, SAVE AND EXCEPT THE FOLLOWING: (A) THE EAST 11 FEET OF SAID LOTS 14 AND 15 CONVEYED TO THE TOWN OF CANYON CITY, OREGON, BY DEED RECORDED SEPTEMBER 22, 1953 IN DEED BOOK 68, PAGE 406, FOR STREET PURPOSES. (B) THE NORTH 27.8 FEET OF SAID LOT 15 OF BLOCK C CONVEYED TO RICHARD G. RAY, ET US, BY DEED RECORDED SEPTEMBER 20, 1994 IN THE RECORDS OF GRANT COUNTY, OREGON, AS INSTRUMENT NO. 942049. TOGETHER WITH THAT PORTION OF VACATED HIGHLINE DRIVE SOUTH WHICH INURED THERETO PURSUANT TO VACATION THEREOF BY ORDINANCE NO. 129 OF THE TOWN OF CANYON CITY, GRANT COUNTY, OREGON, RECORDED APRIL 26, 1955, BOOK 72, PAGE 207. ALSO, TOGETHER WITH THAT PORTION OF VACATED HIGHLINE DRIVE WHICH INURED THERETO PURSUANT TO VACATION THEREOF BY ORDINANCE NO. 162 OF THE TOWN OF CANYON CITY, GRANT COUNTY, OREGON, RECORDED DECEMBER 19, 1974, BOOK 112, PAGE 465. ALSO, TOGETHER WITH THAT PORTION OF VACATED BRENT LANE WHICH INURED THERETO PURSUANT TO VACATION THEREOF BY ORDINANCE NO. 163 OF THE TOWN OF CANYON CITY, GRANT COUNTY, OREGON, RECORDED JANUARY 5, 1976, BOOK 114, PAGE 74.** PROPERTY ADDRESS: 100 N BRENT LANE CANYON CITY, OR 97820 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 $1,036.40 beginning 04/01/2008; plus late charges of $39.16 each month beginning with the 04/01/2008 payment plus prior accrued late charges of $78.32; plus advances of $ 60.00; together with title expense, costs, trustee's fees and attorney's fees incurred herein by reason of said default; and any further sums advanced by the Beneficiary for the protection of the above described real property and its interest therein. 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: $94,224.42 with interest thereon at the rate of 9.75 percent per annum beginning 03/01/2008 until paid, plus all accrued late charges thereon together with title expense, costs, trustee's fees and attorney's fees incurred herein by reason of said default; and any further sums advanced by the Beneficiary for the protection of the above described real property and its interests therein. WHEREFORE, notice hereby is given that, RECONTRUST COMPANY, the undersigned Trustee will on Thursday, February 12, 2009 at the hour of 10:00AM 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 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 the Trustee's and attorney's fees not exceeding the amounts provided by OSRS 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. Dated: September 30, 2008 RECONTRUST COMPANY For further information, please contact: RECONTRUST COMPANY 1800 Tapo Canyon Rd., SV2-202 SIMI VALLEY, CA. 93063 (800) 281-8219 (TS# 08-0103314) 1006.39470-FEI
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