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Sheridan , Oregon
December 28, 2011     The Sun Paper
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December 28, 2011
 
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8 The Sun, Wednesday, December 28, 2011 Public Notices NOTICE OF ACQUISITION Pursuant to 25 C.RR. § 151.12- (b), 61 Federal Regis- ter 18082, this provides notice that a final agency determina- tion has been made to acquire the following land in trust for the Confederated Tribes of the Grand Ronde Community of Oregon: A parcel of land in the Northeast quarter of the South- east quarter, the Southeast quarter of the Southeast quar- ter and the East half of the Southwest quarter of the South- east quarter, Section 5, Town- ship 6 South, Range 7 West of the Willamette Meridian, in Yamhill AND Polk Counties, Oregon; and an easement, 20 feet in width lying 10 feet each side of the center line of an ex- isting roadway located in Sec- tion 5, Township 6 South, Range 7 West of the Willamette Meridian in Yamhill County, Or- egon, together containing 97.38 acres more or less. A full legal description of the tract can be obtained from the Bureau of Indian Affairs, Siletz Agency, RO. Box 569, Siletz, OR 97380 or by calling (541) 444-2597. Transfer of title to the United States shall occur no sooner than 30 days from the date this notice is published. Publish: The Sun, Decem- ber 28, 2011. TRUSTEE'S NOTICE OF SALE Reference is made to that certain Trust Deed made by GREGORY T NICHOL, as • grantor(s), to WESTERN TITLE & ESCROW, as Trustee, in fa- vor of MORTGAGE ELEC- TRONIC REGISTRATION SYS- TEMS, INC., as Beneficiary, dated 05/20/2010, recorded 05/ 26/2010, in the mortgage records of Yamhill County, Or- egon, as Recorder's fee/file/in- strument/microfilm/reception Number 201006755, and sub- sequently assigned to BANK OF AMERICA, N.A., SUCCES- SOR BY MERGER TO BAC HOME LOANS SERVICING, LP by Assignment recorded 11/03/ 2011 in Book/Reel/Volume No. N/A at Page No. N/A as recorder's fee/file/instrument/ microfilm/reception No. 2011- 14274, covering the following described real property situ- ated in said county and state, to wit: TRACT 51, BEWLEY LAND, CITY OF SHERIDAN, YAMHILL COUNT~, OREGON, has the right, at any time that is not later than five days before the date last set for the sale, to have this foreclosure proceed- ing dismissed and the Trust Deed reinstated by paying to the Beneficiary the entire amount then due (other than such portion of the principal as would not then be due had no default occurred) and by cur- ing any other default com- plained of notice of default that is capable of being cured by tendering the performance re- quired under the obligation that the Trust Deed secures, and in addition to paying said sums or tendering the performance necessary to cure the default by paying all costs and ex- penses actually incurred in en- forcing the obligation that the Trust Deed secures, together with the Trustee's and attorney fees not exceeding the amounts provided by ORS 86.753. In construing this no- tice, the singular includes the plural, the word "grantor" in- cludes any successor in inter- est to the grantor as well as any other person owing an obliga- tion, that the Trust Deed se- cures, and the words "Trustee" and "Beneficiary" include their respective successors in inter- est, if any. Dated: November 09, 2011 RECONTRUST COM- PANY N.A. For further informa- tion, please contact: RECON- TRUST COMPANY N.A. 1800 Tapo Canyon Rd., CA6-914-01- 94 SIMI VALLEy CA. 93063 (800) 281-8219 (TS# 11- 0122350) 1006.147066-FEI Publish: The Sun, Decem- ber 28, 2011, January 4, 11 and 18, 2012. TRUSTEE'S NOTICE OF SALE File No. 7777.11659 Refer- ence is made to that certain trust deed made by RICHARD A. VANDERSCHUERE AND KAREN R. VANDERSCHUERE, HUSBAND AND WIFE, as grantor, to WELLS FARGO BANK (ARIZONA), N.A., as trustee, in favor of Wells Fargo Bank, N.A., as beneficiary, dated 04/07/00, recorded 04/ 14/00, in the mortgage records of Yamhill County, Oregon, as 200005086, covering the fol- lowing described real property situated in said county and state, to wit: PARCEL I: BEGIN- NING at a point 660 feet South and 396 feet East of the North- EXCEPTING THEREFROM west corner of the Northwest THE-. -WESTERLY.. 5 ' FEET. ........ Quarter of the Southwest Quar- PROPERTY ADDRESS: 325 NW ORCHARD ST. SHERI- DAN, OR 97378 Both the Ben- eficiary and the Trustee have elected to sell the real property to satisfy the obligations that the Trust Deed secures and a notice of default has been re- corded pursuant to Oregon Revised Statutes 86.735(3); the default for which the foreclo- sure is made is grantor's fail- ure to pay when due the follow- ing sums: monthly payments of $1,444.46 beginning 04/01/ 2011; plus late charges of $57.78 each month beginning with the 04/01/2011 payment plus prior accrued late charges of $-116.60; plus advances of $ .00; together with title ex- pense, costs, trustee's fees and attorney fees incurred herein by reason of said default; and any further sums advanced by the Beneficiary for the protection of the above described real prop- erty and its interest therein. By reason of said default the Ben- eficiary has declared all sums owing on the obligation that the Trust Deed secures are imme- diately due and payable, said sums being the following to wit: $217,106.19 with interest thereon at the rate of 5.00 per- cent per annum beginning 03/ 01/2011 until paid, plus all ac- crued late charges thereon to- gether with title expense, costs, trustee's fees and attorney fees incurred herein by reason of said default; and any further sums advanced by the Benefi- ciary for the protection of the above described real property and its interests therein. WHEREFORE, notice hereby is given that, RECONTRUST COMPANY, N.A., the under- signed Trustee will on Wednes- day, March 14, 2012 at the hour of 10:00 AM in accord with the standard of time established by ' ORS 187.110, at the following place: inside the main lobby of the Yamhill County Court- house, 535 East 5th St., McMin- nville, Yamhill County, OR, 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 ex- penses of sale, including a rea- sonable charge by the Trustee. - Notice is further given that any "person named in ORS 86.753 ter of Section 1, Township 6 South, Range 8 West of the Willamette Meridian in Yamhill County, Oregon, said begin- ning point being the Southeast corner of a parcel conveyed to HUGO J. KREHBIEL, et ux., by deed recorded December 30, 1970 in Film Volume 82, Page 526, Deed and Mortgage Records; thence West 396 feet to the West line of said Section I; thence South 660 feet to the Southwest corner of the North- west Quarter of the Southwest Quarter of said Section; thence East 264 feet; thence North 330 feet parallel with the West line of said Section; thence North- easterly in a straight line to the place of beginning. EXCEPT- ING any portion thereof that lies East of the center of Agency Creek. PARCEL I1: A non-exclu- sive easement for roadway and utility purposes over and across the West 30.0 feet of even width of the following de- scribed tract: A tract of land in Section 1, Township 6 South, Range 8 West of the Willamette Meridian in Yamhill County, Or- egon, more particularly de- scribed as follows: COM- MENCING at the Northwest corner of a tract of land con- veyed to LESTER J. MEHURIN and wife by deed recorded April 14, 1965 in Film Volume 44, Page 665, Deed and Mort- gage Records; thence South along the West line of said Mehurin tract, 660 feet; thence East 396 feet; thence North 660 feet to the North line of said Mehurin tract; thence West along the North line of said Mehurin tract, 396 feet to the place of beginning. EXCEPT- ING THEREFROM a tract con- veyed to WALTER H. GARRI- SON and wife by deed re- corded June 8, 1967 in Film Volume 60, page 602, Deed and Mortgage Records. PROP- ERTY ADDRESS: 49495 South- west Hebo Road Grand Ronde, OR 97347 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 de- fault has been recorded pursu- ant 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 $711.06 beginning 05/30/09; plus late charges of $0.00 each month beginning 06/14/09; plus prior accrued late charges of $0.00; plus advances of $5,109.98 that represent inspection fees and attorneys fees and costs; to- gether with title expense, costs, trustee's fees and attorney's fees incurred herein by reason of said default; any further sums advanced by the benefi- ciary for the protection of the above described real property and its interest therein; and pre- payment penalties/premiums, if applicable. By reason of said default the beneficiary has de- clared all sums owing on the obligation secured by the trust deed immediately due and payable, said sums being the following, to wit: $58,911.09 with interest thereon at the rate of 10.51 percent per annum beginning 04/30/09; plus late charges of $0.00 each month beginning 06/14/09 until paid; plus prior accrued late charges of $0.00; plus advances of $5,109.98 that represent in- spection fees and attorneys fees and costs; together with title expense, costs, trustee's fees and attorneys fees in- curred herein by reason of said default; any further sums ad- vanced by the beneficiary for the protection of the above de- scribed real property and its interest therein; ahd prepay- ment penalties/premiums, if applicable. WHEREFORE, no- tice hereby is given that the undersigned trustee will on March 15, 2012 atthe hour of 10:00 o'clock, A.M. in accord with the standard of time estab- lished by ORS 187.110, at the following place: inside the main lobby of the Yamhill County Courthouse, 535 East 5th Street, in the City of McMin- nville, County of Yamhill, State of Oregon, sell at public auc- tion to the highest bidder for cash the interest in the de- scribed real property which the grantor had or had power to convey at the time of the execu- tion by grantor of the trust deed, together with any interest which the grantor or grantor's succes- sors in interest acquired after the execution of the trust deed, to satisfy the foregoing obliga- tions thereby secured and the costs and expenses of sale, in- cluding a reasonable charge by the trustee. Notice is further given that for reinstatement or payoff quotes requested pursu- ant to ORS 86.757 and 86.759 must be timely communicated in a written request that com- plies with that statute ad- dressed to the trustee's "Urgent Request Desk" either by per- sonal delivery to the trustee's physical offices (call for ad- dress) or by first class, certified mail, return receipt requested, Publish: The Sun, Decem- ber 14, 21,28, 2011 and Janu- ary 4, 2012. TRUSTEE'S NOTICE OF SALE Pursuant to O.R.S. 86.705 et seq. and O.R.S. 79.5010, et seq. Trustee's Sale No. 09- FMB-114348 NOTICE TO BORROWER: YOU SHOULD BE AWARE THAT THE UN- DERSIGNED IS An'EMPTING TO COLLECT A DEBT AND THAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Refer- ence is made to that certain Deed of Trust made by, ADRIANA G SASSI, as grantor, to TICOR TITLE INSURANCE COMPANy as Trustee, in favor of INDYMAC BANK, ES.B., A FEDERALLY CHARTERED SAVINGS BANK, as benefi- ciary, dated 8/1/2003, recorded 8/11/2003, under Instrument No. 200320058, records of YAMHILL County, OREGON. The beneficial interest under said Trust Deed and the obli- gations secured thereby are presently held by ONEWEST BANK, FSB. Said Trust Deed encumbers the following de- scribed real property situated in said county and state, to-wit: PARCEL 1: COMMENCING at a point 102 and 6/7 rods East of the Northwest corner of Sec- tion 6 in Township 6 South, Range 3 West of the Willamette Meridian in Yamhill County, Or- egon and running thence North 88-1/2 rods; thence East 32 rods; thence South 1 rod; thence West 9 and 1/7 rods; thence South 87-1/2 rods; thence West 22 and 6/7 rods to the Point of Beginning. PAR- CEL 2: COMMENCING at the point 80 rods East of the North- west comer of Section 6, Town- ship 6 South, Range 3 West of the Willamette Meridian in Yam- hill County, Oregon; running thence North 88-1/2 rods; thence East 22-6/7 rods; thence South 88-1/2 rods; thence West 22-6/7 rods to the Point of Beginning• The street address or other common des- ignation, if any, of the real prop- erty described above is pur- ported to be: 13005 JERUSA- LEM HILL ROAD NORTH- WEST SALEM, OR 97304 The undersigned Trustee disclaims any liability for any incorrect- ness of the above street ad- dress or other common desig- nation. Both the beneficiary and the trustee have elected to sell the said real property to satisfy addressedto the trustee's post . the obligationssecured by said office box address set forth in this notice. Due to potential conflicts with federal law, per- sons having no record legal or equitable interest in the subject property will only receive infor- mation concerning the lender's estimated or actual bid. Lender bid information is also available at the trustee's website, 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 fore- closure 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 ten- dering the performance re- quired 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 obli- gation and trust deed, together with trustee's and attorney's fees not exceeding the amounts provided by said ORS 86.753. Requests from persons named in ORS 86.753 for rein- statement 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 docu- ments. In construing this no- tice, the singular includes the plural, the word "grantor" in- cludes any successor in inter- est to the grantor as well as any other person owing an obliga- tion, the performance of which is secured by said trust deed, and the words "trustee" and "beneficiary" include their re- spective successors in interest, if any. The trustee's rules of auction may be accessed at www.northwesttrustee.com and are incorporated by this reference. You may also access sale status at www.northwesttrustee.com and www.USA- Foreclosure.com. For further information, please contact: Kathy Taggart Northwest Trustee Services, Inc. RO. Box 997 Bellevue, WA 98009-0997 (425)586-1900 VANDER- SCHUERE, RICHARD A. and KAREN R. (TS# 7777.11659) 1002.204426-FEI trust deed and a notice of de- fault has been recorded pursu- ant 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: Amount due as of November 22, 2011 Delinquent Payments from May 01,2011 4 payments at $1,533.31 each $6,133.24 3 payments at $1,500.61 each $4,501.83 (05-01-11 through 11-22-11) Late Charges: $676.95 Beneficiary Advances: $66.00 Suspense Credit: $0.00 TOTAL: $11,378.02 ALSO, if you have failed to pay taxes on the property, provide insurance on the property or pay other senior liens or encumbrances as required in the note and deed of trust, the beneficiary may insist that you do so in or- derto reinstate your account in good standing. The beneficiary may require as a condition to reinstatement that you provide reliable written evidence that you have paid all senior liens or encumbrances, property taxes, and hazard insurance premiums. These requirements for reinstatement should be confirmed by contacting the undersigned Trustee. By rea- son of said default, the benefi- ciary has declared all sums owing on the obligation se- cured by said trust deed imme- diately due and payable, said sums being the following: UN- PAID PRINCIPAL BALANCE OF $259,952.19, PLUS interest thereon at 3.125% per annum from 04/01/11 to 9/1/2011, 3.125% per annum from 9/1/ 2011, until paid, together with escrow advances, foreclosure costs, trustee fees, attorney fees, sums required for the pro- tection of the property and ad- ditional sums secured by the Deed of Trust. WHEREFORE, notice hereby is given that the undersigned trustee, will on March 26, 2012, at the hour of 11:00 AM, in accord with the standard oftime established by ORS 187.110, at FRONT EN- TRANCE OF THE YAMHILL COUNTY COURTHOUSE, 535 E. 5TH STREET, McMINN- VlLLE, County of YAMHILL, State of OREGON, sell at pub- lic auction to the highest bid- der for cash, the interest in the said described property which the grantor had, or had the power to convey, atthe time of the execution by him of the said trust deed, together with any interest which the grantor or his 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 foreclo- sure 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 ten- dering the performance re- quired 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 obli- gation and trust deed, together with trustee's and attorney's fees not exceeding the amounts provided by said ORS 86.753. In construing this no- tice, the masculine gender in- cludes the feminine and the neuter, the singular includes the plural, the word "grantor" in- cludes any successor in inter- est to the grantor as well as any other person owing an obliga- tion, the performance of which is secured by said trust deed, and the words "trustee" and "beneficiary" include their re- spective successors in interest, if any. Anyone having any ob- jection to the sale on any grounds whatsoever will be af- forded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the same. NOTICE TO RESI- DENTIAL TENANTS: The prop- erty in which you are living is in foreclosure. A foreclosure sale is scheduled for March 26, 2012. Unless the lender who is foreclosing on this property is paid, the foreclosure will go through and someone new will own this property. The follow- ing information applies to you only if you occupy and rent this property as a residential dwell- ing under a legitimate rental agreement. The information does not apply to you if you own this property or if you are not a residential tenant. If the foreclosure goes through, the business or individual who buys this property at the fore- closure sale has the right to re- quire you to move out. The buyer must first give you an eviction notice in writing that specifies the date by which you must move out. The buyer may not give you this notice until after the foreclosure sale hap- pens. If you do not leave be- fore the move-out date, the buyer can have the sheriff re- move you from the property after a court hearing. You will receive notice of the court hear- ing. FEDERAL LAW RE- QUIRES YOU TO BE NOTI- FIED IF YOU ARE OCCUPY- ING AND RENTING THIS PROPERTY AS A RESIDEN- TIAL DWELLING UNDER A LE- GITIMATE RENTAL AGREE- MENT, FEDERAL LAW RE- QUIRES THE BUYER TO GIVE YOU NOTICE IN WRITING A CERTAIN NUMBER OF DAYS BEFORE THE BUYER CAN RE- QUIRE YOU TO MOVE OUT. THE FEDERAL LAW THAT RE- QUIRES THE BUYER TO GIVE YOU THIS NOTICE IS EFFEC- TIVE UNTIL DECEMBER 31, 2012. Under federal law, the buyer must give you at least 90 days notice in writing before requiring you to move out. If you are renting this property under a fixed-term lease (for example, a six-month or one- year lease), you may stay until the end of your lease term. If the buyer wants to move in and use this property as the buyer's primary residence, the buyer can give you written notice and require you to move out after 90 days, even if you have a fixed-term lease with more than 90 days left. STATE LAW NO- TIFICATION REQUIREMENTS: IF THE FEDERAL LAW DOES NOT APPLy STATE LAW STILL REQUIRES THE BUYER TO GIVE YOU NOTICE IN WRIT- ING BEFORE REQUIRING YOU TO MOVE OUT IF YOU ARE OCCUPYING AND RENT- ING THE PROPERTY AS A TENANT IN GOOD FAITH. EVEN IF THE FEDERAL LAW REQUIREMENT IS NO LONGER EFFECTIVE AFTER DECEMBER 31, 2012, THE REQUIREMENT UNDER STATE LAW STILL APPLIES TO YOUR SITUATION. Under state law, if you have a fixed- term lease (for example,, a six- month or one-year lease), the buyer must give you at least 60 days notice in writing before re- quiring you to move out. If the buyer wants to move in and use this property as the buyer's pri- mary residence, the buyer can give you written notice and re- quire you to move out after 30 days, even if you have a fixed- term lease with more than 30 days left. If you are renting un- der a month-to-month or week- to-week rental agreement, the buyer must give you at least 30 days notice in writing before requiring you to move out. IM- PORTANT: For the buyer to be required to give you notice un- der state law, you must prove to the business or individual who is handling the foreclosure sale that you are occupying and renting this property as a residential dwelling under a le- gitimate rental agreement. The name and address of the busi- ness or individual who is han- dling the foreclosure sale is shown on this notice under the heading "TRUSTEE". You must mail or deliver your proof not later than 2/24/2012 (30 days before the date first set for the foreclosure sale). Your proof must be in writing and should be a copy of your rental agree- ment or lease. If you do not have a written rental agreement or lease, you can provide other proof, such as receipts for rent you paid. ABOUT YOUR SE- CURITY DEPOSIT Under state law, you may apply your secu- rity deposit and any rent you paid in advance against the current rent you owe your land- lord. To do this, you must no- tify your landlord in writing that you want to subtract the amount of your security deposit or prepaid rent from you rent payment. You may do this only for the rent you owe you cur- rent landlord. If you do this, you must do so before the foreclo- sure sale. The business or in- dividual who buys this property at the foreclosure sale is not responsible to you for any de- posit or prepaid rent you paid to your landlord. ABOUT YOUR TENANCY AFTER THE FORE- CLOSURE SALE The business or individual who buys this property at the foreclosure sale may be willing to allow you to stay as a tenant instead of re- quiring you to move out. You should contact the buyer to dis- cuss that possibility if you would like to stay. Under state law, if the buyer accepts rent from you, signs a new residen- tial rental agreement with you or does not notify you in writ- ing within 30 days after the date of the foreclosure sale that you must move out, the buyer be- comes your new landlord and must maintain the property. Otherwise, the buyer is not your landlord and is not responsible for maintaining the property on your behalf and you must move out by the date the buyer speci- fies in a notice to you. YOU SHOULD CONTINUE TO PAY RENT TO YOUR LANDLORD UNTIL THE PROPERTY IS SOLD TO ANOTHER BUSI- NESS OR INDIVIDUAL OR UNTIL A COURT OR A LENDER TELLS YOU OTHER- WISE. IF YOU DO NOT PAY RENT, YOU CAN BE EVICTED. AS EXPLAINED ABOVE, YOU MAY BE ABLE TO APPLY A DEPOSITYOU MADE OR PRE- PAID RENT YOU PAID AGAINST YOUR CURRENT RENT OBLIGATION. BE SURE TO KEEP PROOF OF ANY PAY- MENTS YOU MAKE AND OF ANY NOTICE YOU GIVE OR RECEIVE CONCERNING THE APPLICATION OF YOUR DE- POSIT OR YOUR PREPAID RENT. IT IS UNLAWFUL FOR ANY PERSON TO TRY TO FORCE YOU TO LEAVE YOUR HOME WITHOUT FIRST GO- ING TO COURT TO EVICT YOU. FOR MORE INFORMA- TION ABOUT YOUR RIGHTS, YOU MAY WISH TO CONSULT A LAWYER. If you believe you need legal assistance, contact the Oregon State Bar at 800- 452-7636 and ask for lawyer referral service. Contact infor- mation for the Oregon State Bar is included with this notice. If you do not have enough money to pay a lawyer and are otherwise eligible, you may be able to receive legal assistance for free. Information about whom to contact for free legal assistance may be obtained through Safenet at 800- SAFENET. DATED: 11/22/2011 REGIONAL TRUSTEE SER- VICES CORPORATION Trustee By: KAREN JAMES, AUTHO- RIZED AGENT 6161st Avenue, Suite 500, Seattle, WA 98104 Phone: (206)340-2550 Sale In- formation: http:// www.rtrustee.com ASAP# 4143388 12/07/2011, 12/14/ 2011,12/21/2011,1 2/28/2011 LEGAL NOTICES published in this newspaper and other Oregon newspapers are on the INTERNET www. ublicnotice-or.com