Reference is made to that certain Trust Deed made by Glenn D. Powell and Christina M. Powell, Husband and Wife, as Grantor(s), to Land Title Company Of Grant County, as Trustee, in favor of Pioneer Bank, A Federal Savings Bank, as Beneficiary, dated 06/08/1998, recorded 06/09/1998, in the mortgage records of Grant County, Ore., as recorder's fee/file/instrument/microfilm/reception Number 981128, and subsequently assigned to COUNTRYWIDE HOME LOANS SERVICING LP by Assignment recorded 07/25/2002 in Book/Reel/Volume No. at Page No. as Recorder's fee/file/instrument/microfilm/reception No. 222161, covering the following described real property situated in said county and state, to wit:
LOTS 75, 76 AND 77 IN BRENT'S ADDITION TO THE CITY OF JOHN DAY, GRANT COUNTY, ORE., AS SHOWN BY THE PLAT THEREOF ON FILE AND OR RECORD IN THE OFFICE OF THE COUNTY CLERK OF SAID COUNTY AND STATE IN BOOK 1 OF TOWN PLATS, AT PAGE 17, SAVE & EXCEPT THE SOUTH 10 FEET OF SAID LOT 75.
PROPERTY ADDRESS: 110 SW 2nd Avenue, John Day, OR 97845.
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 $766.86 beginning 10/01/2003; plus late charges of $30.67 each month beginning with the 10/01/2003 payment plus prior accrued late charges of $92.01; plus advances of $37.50; 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: $85,614.73 with interest thereon at the rate of 7 percent per annum beginning 09/01/2003 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, FIRST AMERICAN TITLE INSURANCE COMPANY, the undersigned Trustee will on Friday, June 18, 2004 at the hour of 10 a.m. in accord with the standard of time established by ORS 187.110, at the following place: inside the main lobby of 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 has or has 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 cost 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 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.
Dated Feb. 9, 2004.
First American Title Insurance Company
For further information, please contact: First American Title Insurance Company, C/O CTC Real Estate Services, 5898 Condor Drive, MP-88, Moorpark, CA 93021, (800) 281-8219. TS No. 04-01536. Doc ID. #00049111812005N.