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Home arrow News arrow Public Notices arrow Public notice for the day of December 31, 2010

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Public notice for the day of December 31, 2010

Public notice for the day of December 31, 2010

TRUSTEE’S NOTICE OF SALE

REFERENCE IS MADE to that certain Deed of Trust (the “Trust Deed”) recorded on or about May 8, 2002 as Document No. 2002-2458 in the records of Union County, Oregon, re-recorded on August 27, 2007 as Document No. 2007-4846, by and among OmniCut, Inc., Jeffrey G. Smith and Lehlia Smith as the Grantor, Abstract & Title Company as the Trustee and Community Bank, a banking corporation, as the Beneficiary. The Trust Deed covers the real property commonly known as 1090 Hemlock Street, Elgin, Oregon and legally described as

Lot 8 of ELGIN INDUSTRIAL PARK, Union County, Oregon, according to the recorded plat of said addition.

The undersigned successor trustee, Bennett H. Goldstein, hereby certifies that (i) no assignments of the Trust Deed by the trustee or the beneficiary and no appointments of successor trustee have been made, except as recorded in the official records of the county or counties in which the above-referenced real property is situated, and including specifically the appointment of Bennett H. Goldstein, attorney, as successor trustee, and (ii) no action has been commenced or is pending to recover the debt or any part of it now remaining which is secured by the Trust Deed.

The beneficiary has elected to sell the real property described as above to satisfy the obligations secured by the Trust Deed. Pursuant to ORS 86.735(3), a Notice of Default and Election to Sell was recorded on September 24, 2010 at Document No. 2010-3319 in the records of Union County, Oregon.

There are presently one or more defaults by the Grantor owing an obligation, the performance of which is secured by the Trust Deed, with respect to provisions in the Trust Deed which authorize sale in the event of default under such provisions. The defaults for which foreclosure is made are grantor’s failure to pay the sums under the promissory note in the original principal sum of $566,700.00 between grantor as debtor and beneficiary as creditor.

By reason of such defaults, the beneficiary has declared and hereby does declare all sums owing on the obligations secured by the Trust Deed immediately due and payable. Such sums are as follows:

    Principal:    $    508,377.99

    Interest to 09/20/10:    $    6,831.76

    Late charges through 09/20/10:    $    300.00

    Foreclosure guarantee:    $    1,350.00

    Per diem interest from

    and after 09/20/10:    $    62.67674

    Attorneys’ fees, costs and other sums necessary to protect

      beneficiary’s interests as provided by law and contract.

WHEREFORE, notice is hereby given that the undersigned successor trustee will on March 2, 2011, at the Hour of 10:00 a.m., in accordance with the standard of time established by ORS 187.110, on the front steps of the Union County Courthouse, 1008 K Avenue, in the City of La Grande, County of Union, Oregon sell at public auction to the highest bidder for cash the interest in the above-described real property which grantor had, or had the power to convey, at the time of the execution of the Trust Deed, to satisfy the obligations secured by the Trust Deed and the expenses of the sale, including the compensation due to the successor trustee as provided by law, and the reasonable fees of the attorneys for the successor trustee.

NOTICE IS FURTHER GIVEN that any person named in ORS 86.753 has the right, at any time prior to five (5) days before the date last set for the sale, to have the foreclosure proceeding terminated and the Trust Deed reinstated by payment to the beneficiary for 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 described herein if such default is capable of cure by tendering the performance required under the Trust Deed and the obligation secured by the Trust Deed, plus payment of all costs and expenses actually incurred in enforcing the Trust Deed and the obligation it secures and all fees of the successor trustee and of attorneys as provided by ORS 86.753.

Other than as shown of record, neither the beneficiary nor the successor trustee has any actual notice of (i) any person having claiming to have any lien upon or interest in the real property described herein subsequent to the interest of the trustee, the grantor, or any successor in interest to either of then, or (ii) any lessee or person, other than grantor, in possession of or occupying the real property.

All references here in to “grantor,” “trustee” and “beneficiary” shall be deemed to include their successors in interest, if any.

    Dave: September 27, 2010.

        /S/ Bennett H. Goldstein

        Bennett H. Goldstein, Successor Trustee

 STATE OF OREGON    )

            ) ss.

County of Multnomah    )

The undersigned hereby certifies that he is the successor trustee named above and the foregoing is a duplicate original of the Trustee’s Notice of Sale and Notice to Tenants.

Bennett H. Goldstein, Successor Trustee

Direct inquiries to:

Bennett H. Goldstein, Successor Trustee

1132 SW 19th Ave., No. 106

Portland, Oregon 97205

email: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

Telephone: (503) 294-0940

Telecopy: (503) 294-7918


Publish: December 17, 24, 31, 2010; January 7, 2011

Legal no. 4196

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