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LEGALS FOR DAY OF JUNE 5, 2007
TRUSTEE'S NOTICE OF SALE
The trust deed to be foreclosed pursuant to Oregon law is referred to as follows (the "Trust Deed"):
Grantor: STROMMER BROS. LLC
Trustee: EASTERN OREGON TITLE
Beneficiary: WASHINGTON MUTUAL BANK dba WESTERN BANK
Date: May 3, 1999
Recording Date: May 10, 1999
Recording Reference: 99-2498
County of Recording: Union
An assignment of deed of trust and indebtedness assigning the beneficial interest of the Trust Deed from Washington Mutual Bank dba Western Bank to Sterling Savings Bank, a Washington chartered bank, was recorded on March 29, 2006 in the Union County Real Property Records as recording number 2006-1437.
The Trust Deed covers the following described real property in the County of Union and State of Oregon ("the Property"):
A parcel of land in the Northwest quarter of the Southwest quarter of Section 4, in Township 3 South, Range 38 East of the Willamette Meridian, in Union County, Oregon, more particularly described as follows:
Commencing at the Southwest corner of Section 4, in Township 3 South, Range 38 East of the Willamette Meridian, in Union County, Oregon, and running thence North 0002'00" West along the West line of said Section 4, a distance of 1534.37 feet to the Southeasterly right-of-way line of land conveyed to the State of Oregon by and through it's Highway Commission (Parcel No.3) by Deed recorded in Book 158, at page 446, Records of Union County, Oregon, and running thence North 5843'00" East on a true bearing along said Southeasterly right-of-way line, a distance of 259.25 feet to the TRUE POINT OF BEGINNING for this description;
thence, continuing along said Southeasterly right-of-way line North 5843'00" East 149.97 feet; thence South 1929'40" East 124.30 feet to a point which bears South 5442'10" West 53.69 feet from the Northwest corner of land assigned to Eugene L. Foster et ux, as described in Assignment of Contract recorded in Book 156, at page 583, Records of Union County, Oregon; thence South 5441'10" West 207.99 feet to a point distant South 0002'00" East 160.00 feet from the true point of beginning of this description; thence North 00"02'00" West 160.00 feet to the true point of beginning.
TOGETHER WITH a non-exclusive easement for ingress and egress over the following-described land: Beginning at the most Northerly corner of the above-described parcel and running thence South 19 29'40" East along the Northeasterly line thereof 60.00 feet; thence Northerly in a direct line to a point on the aforementioned Southeasterly right-of-way line distant North 5843'00" East 11.29 feet from the point of beginning; thence South 5843'00" West to the point of beginning.
EXCEPTING THEREFROM the minerals below a depth of 500 feet, as reserved from a deed, recorded June 27, 1978, as Microfilm Document No. 78068, Records of Union County, Oregon.
The Grantor or other person owing the debt has defaulted as provided under the Trust Deed, and both the Beneficiary and the Trustee have elected to foreclose the Trust Deed and sell the Property to satisfy the obligations secured by the Trust Deed.
The default for which foreclosure is permitted is the Grantor s failure to pay when due the following sums:
Monthly installments of $4,736.05 due November 10, 2006, and continuing through the installment due February 10, 2007 plus unpaid taxes with interest and penalties, if any.
By reason of the default, the Beneficiary has declared all sums owing on the obligation secured by the Trust Deed immediately due and payable as follows:
$462,166.73, plus accrued interest of $12,714.38 from October 10, 2006 through February 16, 2007, together with interest on the unpaid principal balance at the variable default rate of interest described below from February 17, 2007, until paid, late charges of $2,075.68 as of March 2, 2007, together with Trustee's fees, attorney's fees, foreclosure costs and any sums advanced by the Beneficiary pursuant to the Trust Deed.
Variable default rate of interest is the independent rate (Treasury Maturities Rate) plus 10.28 percent. The interest rate change will not occur more often than each thirty six months. On March 2, 2007, the current default rate was 15.15 percent.
The Trustee will on July 16, 2007 at the hour of 1:30 o clock, P.M., at the Main Entrance of the Chaplin Building, 1001 Fourth Street, in the City of LaGrande, County of Union, State of Oregon sell at public auction to the highest bidder for cash the interest in the 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 acquired after the execution of the Trust Deed, to satisfy the debt thereby secured and the costs, attorney fees and expenses of sale, including a reasonable charge by the Trustee.
NOTICE OF RIGHT TO CURE
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 doing all of the following:
1. Paying the Beneficiary the entire amount then due (other than such portion of the principal as would not then be due had no default occurred);
2. Curing any other default complained of herein that is capable of being cured by tendering the performance required under the debt or Trust Deed; and
3. Paying all costs and expenses actually incurred in enforcing the debt and Trust Deed, together with
Trustee's and attorney fees not exceeding the amounts provided by ORS 86.753.
In construing this notice, the masculine gender includes the feminine and the neuter, 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: March 6, 2007 ____________________________________
Gary L. Blacklidge
1515 SW 5th Ave., Suite 600
Portland, OR 97201
Telephone: (503) 295-2668
Facsimile: (503) 224-8434
Publish: May 22, 29, 2007; June 5, 12, 2007
Legal no. 2844