23 October 2013 by Published in: Legal No comments yet

NOTICE OF DEFAULT, ELECTION TO SELL, AND NOTICE OF SALE

PLEASE TAKE NOTICE that the undersigned Trustee elects to foreclose the following Deed of Trust by advertisement and sale proceedings and to sell the property covered by the Deed of Trust to satisfy the obligations secured thereby:

Deed of Trust dated April 17, 2006, given by Larry D. Olson as Grantor to Ticor Title as Trustee for the benefit of Umpqua Bank and recorded in the official records of Columbia County, Oregon, on April 18, 2006, as Document No. 2006-005093.

The present Beneficiary, Umpqua Bank, has appointed Ky Fullerton, an active member of the Oregon State Bar, as successor Trustee.  The successor Trustee’s mailing address is:  MC 030-12-LEGL, 1 S.W. Columbia Street, Suite 1200, Portland, Oregon 97258.

The following property is covered by the Deed of Trust:  See Exhibit A attached, which is incorporated herein by reference.

The Beneficiary has directed the Trustee to foreclose the Deed of Trust as a result of the following default(s):  Grantor’s failure to comply with the terms of the various agreements relating to Grantor’s loan(s) with Umpqua Bank, including but not limited to Grantor’s failure to pay all sums due Umpqua Bank in connection with said loan(s).

The Beneficiary has declared the entire unpaid balance of all obligations secured by the Deed of Trust immediately due, owing, and payable, in the sum of $2,102,665.41 with interest at the applicable rate until paid, together with all costs, fees, future advances by the Beneficiary to protect its security interest, and other expenses allowed by law.

THE TRUSTEE WILL SELL THE DESCRIBED PROPERTY to satisfy the obligations secured by the Deed of Trust on December 31, 2013, at the hour of 10:00 a.m. based on the standard of time established by ORS 187.110, at the main entrance to the Columbia County Courthouse, 230 Strand Street, St. Helens, Oregon, at public auction to the highest bidder for cash.  The Grantor, the Grantor’s successor in interest to all or any part of the trust property, any Beneficiary under a subordinate trust deed, or any person having a subordinate lien or encumbrance of record on the property may cure the default or defaults at any time prior to five days before the date last set for the Trustee’s sale and thereby have the proceeding dismissed and the Deed of Trust reinstated pursuant to ORS 86.753.  If the default consists of a failure to pay, when due, sums secured by the Deed of Trust, the default may be cured by paying the entire amount due at the time of cure under the terms of the obligations, other than such portion as would not then be due had no default occurred.  Any other default of the Deed of Trust obligation that is capable of being cured may be cured by tendering the performance required under the obligation or Deed of Trust.  In any case, and in addition to paying the sums or tendering the performance necessary to cure the default(s), the person effecting the cure shall pay the Beneficiary all costs and expenses actually incurred in enforcing the obligation and Trust Deed, together with the Trustee’s and attorney fees as allowed by law.

The undersigned Trustee certifies that, upon recording of this Notice, no assignments of the Deed of Trust have been made by the Trustee or by the Beneficiary; no appointments of a successor Trustee have been made except as recorded in the official records of the county or counties in which the above-described real property is situated; the Beneficiary is the owner and holder of the obligations secured by said Deed of Trust; and no action has been instituted to recover the debt, or any part thereof, now remaining secured by said Deed of Trust, or if such action has been instituted, the action has been dismissed.

Whenever the context of this Notice so requires, the word “Grantor” includes any successor in interest to the Grantor as well as each and every person owing an obligation secured by the Deed of Trust; the word “Trustee” includes any successor Trustee; and the word “Beneficiary” includes any successor in interest of the original Beneficiary named above.

DATED this 29th day of July, 2013.

Ky Fullerton

Successor Trustee

 

EXHIBIT A

LEGAL DESCRIPTION

Parcel 1: A parcel of land lying in the Timothy Lamberson Donation Land Claim of Sections 1 and 2, Township 3 North, Range 2 West, Willamette Meridian, Columbia County, Oregon, and being specifically all the following described property: The said parcel being described as follows:

Beginning at a point on the Westerly line of the Timothy Lamberson Donation Land Claim, said point being the intersection of the center of Scappoose Creek and said Westerly line of said Timothy Lamberson Donation Land Claim, said point also being South 20°01’ West 674.10 feet from the Northwest corner of said Timothy Lamberson Donation Land Claim in Section 2, Township 3 North, Range 2 West, Willamette Meridian, Columbia County, Oregon; thence along the center of said Scappoose Creek as follows: South 27°25’ East a distance of 148.36 feet; thence North 46°11’ East a distance of 222.10 feet; thence South 59°16 ‘ East a distance of 364.70 feet; thence North 75°18’ East a distance of 135.60 feet; thence South 33°25’ East a distance of 344.0 feet; thence South 9°35’ West a distance of 232.90 feet; thence South 81°21’ East a distance of 131.20 feet; thence North 84°27’ East a distance of 184.35 feet; thence South 84°13’ East a distance of 241.12 feet to the West line of that tract of land conveyed by the United States National Bank of Portland to Jasper E. Young by deed recorded in Book 45, page 287, Deed Records of Columbia County, Oregon; thence South along the West line of said Jasper E. Young tract and continuation thereof to the Northeasterly right of way line of the Portland & Southwestern Railroad; thence Westerly following said Northeasterly railroad right of way to the Westerly line of said Timothy Lamberson Donation Land Claim; thence North 20°01’ East along said Westerly line of said Timothy Lamberson Donation Land Claim a distance of 112.38 feet to the point of beginning. EXCEPTING THEREFROM that tract conveyed to Walter Frischman et ux by deed recorded October 9, 1950 in Book 108, page 473, Deed Records of Columbia County, Oregon; and ALSO EXCEPTING tract conveyed to Robert H. Dudley et ux by deed recorded March 26, 1962 in Book 148, page 500, Deed Records of Columbia County, Oregon.

Parcel 2: A parcel of land lying in the Timothy Lamberson Donation Land Claim in Sections 1 and 2, Township 3 North, Range 2 West, Willamette Meridian, Columbia County, Oregon, and being specifically all the following described property: The said parcel being described a follows:

Beginning at a point on the Westerly line of the Timothy Lamberson Donation Land Claim, said point being the intersection of the center of Scappoose Creek and said Westerly line of said Timothy Lamberson Donation Land Claim, said point also being South 20°01’ West 674.10 feet from the Northwest corner of said Timothy Lamberson Donation Land Claim in Section 2, Township 3 North, Range 2 West, Willamette Meridian, Columbia County, Oregon; thence along the center of said Scappoose Creek as follows: South 27°25’ East a distance of 148.36 feet; thence North 46°11’ East a distance of 222.10 feet; thence South 59°16’ East a distance of 364.70 feet; thence North 75°18 ‘ East a distance of 135.60 feet; thence South 33°25’ East a distance of 344.0 feet; thence South 9°35’ West a distance of 232.90 feet; thence South 81°21’ East a distance of 131.20 feet; thence North 84°27’ East a distance of 184.35 feet ; thence South 84°13’ East a distance of 241.12 feet to the West line of that tract of land conveyed by the United States National Bank of Portland to Jasper E. Young by deed recorded in Book 45, page 287, Deed Records of Columbia County, Oregon; thence South along the West line of said Jasper E. Young tract a distance of 30.15 feet to the true point of beginning; thence South 67°43’ East along the Southerly line of said Jasper E. Young tract a distance of 410.42 feet; thence South to the North line of Parcel 2 conveyed to Albert Brawand by deed recorded May 3, 1956 in Book 128, page 484, Deed Records of Columbia County, Oregon; thence North 82°53’ West along the North line of said Brawand tract to the Northeasterly right of way line of the Portland and Southwestern Railroad; thence Westerly along the said Northeasterly railroad right of way to a point that is due South of the true point of beginning; thence North to the true point of beginning.

Parcel 3: A parcel of land lying in the Timothy Lamberson Donation Land Claim in Sections 1 and 2, Township 3 North, Range 2 West, Willamette Meridian, Columbia County, Oregon, and being specifically all the following described property: The said parcel being described as follows:

Beginning at a point on the Westerly line of the Timothy Lamberson Donation Land Claim, said point being the

intersection of the center of Scappoose Creek and said Westerly line of said Timothy Lamberson Donation Land Claim, said point also being South 20°01’ West 674.01 feet from the Northwest corner of said Timothy Lamberson Donation Land Claim in Section 2, Township 3 North, Range 2 West, Willamette Meridian, Columbia County, Oregon; thence along the center of said Scappoose Creek as follows: South 27°25’ East a distance of 148.36 feet; thence North 46°11’ East a distance of 222.10 feet; thence South 59°16’ East a distance of 364.70 feet; thence North 75°18 ‘ East a distance of 135.60 feet; thence South 33°25’ East a distance of 344.0 feet; thence South 9°35’ West a distance of 232.90 feet; thence 81°21’ East a distance of 131.20 feet; thence North 84°27’ East a distance of 184.35 feet; thence South 84°13’ East a distance of 241.12 feet to the West line of that tract of land conveyed by United States National Bank of Portland to Jasper E. Young by deed recorded in Book 45, page 287, Deed Records of Columbia County, Oregon; thence South along the West line of said Jasper E. Young tract a distance of 30.15 feet; thence South 67°43’ East along the Southerly line of said Jasper E. Young tract a distance of 410.42 feet to the true point of beginning; thence South 85°44’ East along the South line of said Jasper E. Young tract a distance of 1315.98 feet to the Westerly right of way line of the Columbia River Highway; thence South 3°40’30” East along said Westerly right of way line of said Columbia River Highway a distance of 670.60 feet, said point being 40.00 feet distant when measured at right angles, from Highway Engineer’s centerline Station 964+30; thence North 82°53’ West to a point that is due South of the point of beginning; thence North to the true point of beginning. EXCEPTING THEREFROM a tract conveyed to Homer A. Griswold et ux by deed recorded September 6, 1950 in Book 108, page 254, Deed Records of Columbia County, Oregon.

PARCEL 4: A parcel of land in Section 1, Township 3 North, Range 2 West of the Willamette Meridian, Columbia County, Oregon, more particularly described as follows:

Beginning at a point which is South 1393.8 feet and East 3827.8 feet from the Southwest corner of the Timothy Lamberson Donation Land Claim, Columbia County, Oregon; thence North 3°40 1/2’ West 1505.30 feet to the Southeast corner of tract excepted in deed as described in deed to Albert Brawand, recorded December 12, 1967 in Book 167, page 556, Deed Records of Columbia County, Oregon; thence North 80°41’ West a distance of 3 63.36 feet to a point that is North 11°45’ East from the Northeast corner of tract described in deed to Albert Brawand recorded December 17, 1968 in Book 171, page 902, Deed Records of Columbia County, Oregon, and the true point of beginning of the following described tract; thence South 11° 45’ West to the Northeast corner of said Brawand tract as described in said Deed Book 171, page 902; thence North 82°53’ West a distance of 28.8 feet to a point; thence North 83°15’ West a distance of 277.85 feet to a point, said point being on the West line of the Homer A. Griswold et ux tract as described in deed recorded September 6, 1950 in Book 108, page 254, Deed Records of Columbia County, Oregon; thence North 3°35’ West along the West line of said Griswold tract a distance of 166.1 feet to the Southwest corner of the Roy E. Baker et al tract as described in deed recorded May 15, 1974 in Book 196, page 231, Deed Records of Columbia County, Oregon; thence South 58°37’ East along the South line of said Baker et al tract a distance of 338.57 feet to the most Southerly Southeast corner of said Baker et al tract; thence North 7°05’ East along the East line of said Baker et al tract, a distance of 11.1 feet to the Southwest corner of the Riesterer Lumber Products tract as described in instrument recorded October 10, 1966 in Book 163, page 106, Deed Records of Columbia County, Oregon; thence South 80°41’ East along the South line of said Riesterer Lumber Products tract to the true of beginning.

Parcel 5: A tract in Section 1, Township 3 North, Range 2 West of the Willamette Meridian, Columbia County, Oregon, more particularly described as follows:

Beginning at a point on the Westerly right of way line of the Columbia River Highway, where said Westerly right of way line intersects the Northerly right of way line of the Portland & Southwestern Railroad, said point being 40.0 feet distant (when measured at right angles) from Highway Engineers centerline Station 979+15.7; said point also being South 1393.8 feet and East 3827.7 feet from the Southwest corner of the Timothy Lamberson Donation Land Claim; thence North 3°40’30” West parallel to and 40.0 feet distant (when measured at right angles) from the centerline of the Columbia River Highway a distance of 1485.7 feet and North 82°53’ West 433.22 feet to the true point of beginning for the following described property; thence South 17°23’ West a distance of 840.74 feet to the Easterly right of way line of said Portland & Southwestern Railroad; thence North 37°07’ West along said railroad right of way line a distance of 821.22 feet; thence along said railroad right of way line on a 2889.79 foot radius curve left, the long chord of which bears North 40°18’ West a distance of 352.33 feet; thence South 82°53’ East a distance of 982.16 feet to the point of beginning. EXCEPTING THEREFROM tract described in instrument recorded September 24, 1971 in Book 183, page 697, Deed Records of Columbia County, Oregon. ALSO EXCEPTING THEREFROM tracts described in deeds to Theodore F. Ottis et ux, recorded October 5, 1971 in Book 183, page 874, and recorded October 6, 1971 in Book 183, page 892, Deed Records of Columbia County, Oregon.

PARCEL 6: A 50 foot right of way Easement as reserved in Contract recorded in Book 183, page 697, Deed records of Columbia County, described as follows:

Beginning at a point which is South 1393.8 feet and East 3827.8 feet from Southwest corner of the Timothy Lamberson Donation Land Claim in Section 1, Township 3 North, Range 2 West, Willamette Meridian, Columbia County, Oregon; thence North 3°40 1/2’ West 1505.30 feet to the Southeast corner of tract excepted in deed as described in deed to Albert Brawand recorded December 12, 1967 in Book 167, page 556, Deed Records of Columbia County, Oregon, and the true point of beginning; thence North 80°41’ West a distance of 363.36 feet to a point that is North 11°45’ East from the Northeast corner of tract described in deed to Albert Brawand recorded December 17, 1968 in Book 171, page 902, Deed Records of Columbia County, Oregon; thence South 11°45’ West to the Northeast corner of said Brawand tract as described in deed in Book 171, page 902, Deed Records of Columbia County, Oregon; thence North 82°53’ West a distance of 28.8 feet to a point; thence North 83° 15’ West a distance of 277.85 feet to a point; thence South 0°17’ West to a point which is 50.0 feet, when measured at right angles, from the prolongation North 80°41’ West of the South line of said tract excepted as described in deed in Book 167, page 556, Deed Records of Columbia County, Oregon; thence South 80°41’ East to a point which bears South 3° 40 1/2’ East of the true point of beginning; thence North 3°40 1/2’ West to the true point of beginning; Excepting therefrom that portion lying within the Columbia River Highway.

10-24, 10-31, 11-7, 11-14-c.

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