Reference is made to that certain trust deed made by Lonnie O. Goin Jr. and Susan R. Goin as grantor, to Nancy L. Peterson, as trustee, in favor of *Green Tree Financial Servicing Corporation as beneficiary, dated October 28, 1998, recorded on November 2, 1998, in the records of Grant County, Oregon as Instrument No. 98 2405 covering the following described real property situated in the above-mentioned county and state, to wit:
Lot 3 Panorama Terrace Addition to the City of John Day, Grant County, 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 44. (Tax Acct. 3-1 13-31-23BD 500; Ref.692)
Both the beneficiary and the trustee have elected to sell the said real property to satisfy the obligation secured by said 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:
Two monthly payments of $621.05 each due for the months of August 2005 through September 2005 with interest accruing thereon at the contract rate of 7.49% per annum or $17.30 per diem until paid in full, plus costs and attorneys fees.
By reason of said default the beneficiary has declared all sums owing on the obligation secured by said trust deed immediately due and payable, said sums being the following, to-wit:
Interest and Fees as of September 29, 2005$ 1,242.10
Foreclosure Guarantee $ 415.00
Beneficiary is also entitled to costs and attorney fees.
WHEREFORE, notice hereby is given that the undersigned trustee will on Friday, February 24th, 2006, at the hour of 10 a.m., in accord with the standard of time established by ORS 187.110, at the Grant County Courthouse, 201 S. Humbolt Street, #280, City of Canyon City, County of Grant, 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 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 86.753 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.
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 the trust deed, and the words "trustee" and "beneficiary" include their respective successors in interest, if any.
DATED this 6th day of October, 2005.
Laura J. Walker,Trustee
State of Oregon, County of Multnomah ss:
I, the undersigned attorney of record for the Plaintiff, certify that the foregoing is an exact and complete copy of the original trustee's notice of sale
Carla Rhoden, Attorney for said Trustee