TRUSTEE’S NOTICE OF SALE
PLEASE TAKE NOTICE that the foregoing instrument shall constitute notice, pursuant to ORS 86.764, that the Grantor of the Trust Deed described below has defaulted on its obligations to beneficiary, and that the Beneficiary and Successor Trustee under the Trust Deed have elected to
sell the property secured by the Trust Deed: DEED OF TRUST AND PROPERTY DESCRIPTION: This instrument makes reference to that certain deed of trust dated February 13, 2008, and recorded on February 15, 2008, as instrument number 200801331, in the real property records of Clatsop County, Oregon, wherein J.C. PUTMAN LAND HOLDING LLC, an Oregon limited liability company, is the Grantor, Fidelity National Title Company is the original Trustee, and BENEFICIAL STATE BANK, a California state-chartered bank, formerly known as One PacificCoast Bank, as successor in interest to ShoreBank Pacific, is the Beneficiary (the “Deed of Trust”). The aforementioned Deed of Trust covers property (the “Property”) described as: PARCEL 1: Lot 1 and that portion of Lot 2 lying South of the Southerly right of way line of Highway No. 101, in Block 63, WARRENTON PARK, in the City of Warrenton, Clatsop County, Oregon. PARCEL 2: Lots 15 and 16, Block 63, WARRENTON PARK, in the City of Warrenton, Clatsop County, Oregon. Also commonly described as: 969 SE Marlin Avenue, Warrenton, Oregon 97146. The tax parcel numbers are: 3004 81022DC05200 and 3004 81022DC05300. Tax account numbers are: 31490 and 31491. The undersigned hereby certifies that he has no knowledge of any assignments of the Deed of Trust by the Trustee or by the Beneficiary or any appointments of a Successor Trustee other than the appointment of BRAD T. SUMMERS, as Successor Trustee as recorded in the property records of the county in which the Property described above is situated. Further, the undersigned certifies that no action has been instituted to recover the debt, or any part thereof, now remaining secured by the Deed of Trust. Or, if such action has been instituted, it has been dismissed except as permitted by ORS 86.752(7). The name and address of Successor Trustee are as follows: Brad T. Summers, Successor Trustee, Lane Powell PC, 601 SW Second Avenue, Suite 2100, Portland, OR 97204. The Deed of Trust is not a “Residential Trust Deed”, as defined in ORS 86.705(6), thus the
requirements of Chapter 304 [S.B. 558], Oregon Laws 2013, Chapter 112 [S.B. 1552], Section 4a, Oregon Laws 2012, and ORS 86.771(10) do not apply. DEFAULT BY BORROWER: There are continuing and uncured defaults by J.C. Putman Land Holding LLC and Putman Pro-Lube, Inc. (the “Borrower”) that, based on the provisions of the Deed of Trust and the written documents for Loan No. 100145002, including the promissory note dated and effective as of February 13, 2008, as amended by that certain Change In Terms Agreement dated as of November 15, 2012 and by that certain Change In Terms Agreement dated as of April 7, 2012 (the “Note”), authorize the foreclosure of the Deed of Trust and the sale of the Property described above, which uncured and continuing defaults include but are not necessarily limited to the following: 1. Borrower’s failure to pay to Beneficiary, when and in the full amounts due, monthly installments as set forth on the Note secured by said Deed of Trust. Monthly installments in the approximate amount of $3,990.37 include principal and interest. The last regular post-petition payment Beneficiary received on Loan No. 100145002 was received on February 27, 2017. The Borrowers failed to make payments on this loan due on August 15, 2016 (partial), September 15, 2016, and each and every month thereafter until paid. Late charges through and including December 6, 2017 total $5,386.77. Interest due as of (i.e., through and
including) December 6, 2017 is in the amount of $34,761.59 and continues to accrue at the rate of 5.50% per annum or $94.01 per diem. ALL AMOUNTS are now due and payable along with all costs and fees associated with this foreclosure. 2. As to the defaults which do not involve payment of money to the Beneficiary of the Deed of Trust, the Borrower must cure each such default. Listed below are the defaults which do not involve payment of money to the Beneficiary of the Deed of Trust. Opposite each such listed default is a brief description of the action necessary to cure the default and a description of the documentation necessary to show that the default has been cured. The list does not exhaust all possible other defaults; any and all defaults identified by Beneficiary or the Successor Trustee that are not listed below must also be cured. OTHER DEFAULT/Description of Action Required to Cure and Documentation Necessary to Show Cure. Non-Payment of Taxes and/or Assessments. Deliver to Successor Trustee written proof that all taxes and assessments against the Real Property are paid current. Permitting liens and encumbrances to attach to the Property, including: two city liens in favor of the City of Warrenton for utility charges in the amount of $876.51, plus interest and penalties, and $533.00, plus interest and penalties; a judgment lien in the amount of $585,947.64, plus interest, due to Residential Mortgage Trust 2008-R1; a judgment lien in the amount of $13,693.57, plus interest, due to Ray Klein, Inc., dba Professional Credit Service; and, a judgment lien in the amount of $8,614.29, plus interest, due to Automotive & Industrial Distributors. Deliver to Successor Trustee written proof that all liens and encumbrances against the Real Property have been satisfied and released from the public record. Borrower’s failure to cure defaults (cross-defaults) under certain loans made by Beneficiary to Borrower. Due to the cross-default provisions of the loan documents including, but not limited to, the Deed of Trust, Borrower’s uncured defaults related to loan number 100145001 constitutes an event of default under the Deed of Trust.
Deliver to Successor Trustee written proof that all defaults related to loan number 100145001 have been cured. Borrower has allowed J.C. Putman Land Holding LLC and Putman Pro-Lube, Inc. to be administratively dissolved with the Oregon Secretary of State. Deliver to Successor Trustee written proof that both entities have been reinstated with the Oregon Secretary of State and are currently in good standing. Grantor has also defaulted on its obligations secured by the Deed of Trust by the unauthorized transfer of Grantor’s interest in the property to James C. Putman and Judy R. Putman, as tenants by the entirety, which transfer occurred without Lender’s prior written consent. Deliver to Successor Trustee a deed transferring title in the Property to J.C. Putman Land Holding LLC. TOTAL UNCURED MONETARY (PAYMENT) DEFAULT: By reason of said uncured and continuing defaults, the Beneficiary has accelerated and declared all sums owing on the obligation secured by the Deed of Trust and the Property immediately due and payable. The sums due and payable being the following: Unpaid principal amount owing pursuant to the Obligations, as of December 6, 2017: $615,329.74. Unpaid interest owing pursuant to the Obligations as of December 6, 2017: $34,761.59. Late charges to December 6, 2017: $5,386.77. Accrued and unpaid fees, costs and collection expenses, including attorney’s fees and costs to December 6, 2017: $29,453.38. TOTAL DUE: $648,931.48. Accordingly, the sum owing on the obligation secured by the Deed of Trust is $648,931.48, as of December 6, 2017, together with interest accruing on the principal portion of that amount, plus additional costs and expenses incurred by Beneficiary and/or the Successor Trustee (including their respective attorney’s fees, costs, and expenses). ELECTION TO SELL: Notice is hereby given that the Beneficiary, by reason of the uncured and continuing defaults described above, has elected and does hereby elect to foreclose said Deed of Trust by advertisement and sale pursuant to ORS 86.752 et seq., and to cause to be sold at public auction to the highest bidder for cash, the Grantor’s interest in the subject Property, which the Grantor had, or had the power to convey, at the time the Grantor executed the Deed of Trust in favor of the Beneficiary, along with any interest the Grantor or the Grantor’s successors in interest acquired after the execution of the Deed of Trust, to satisfy the obligations secured by the Deed of Trust as well as the expenses of the sale, including compensation of the Trustee as provided by law, and the reasonable fees of Trustee’s attorneys. PLEASE TAKE NOTICE that the sale will be held at the hour of 11:00 a.m., in accordance with the standard of time established by ORS 187.110, on May 22, 2018, on the front steps of the main entrance to the Clatsop County Courthouse, at 749 Commercial Street, Astoria, Oregon 97103. RIGHT OF REINSTATEMENT: Notice is further given that any person named in ORS 86.778 has the right, at any time prior to five (5) days before the date last set for the sale, to have this foreclosure proceeding dismissed and the Deed of Trust satisfied by (A) 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, together with the costs and expenses actually incurred in enforcing the terms of the obligation, as well as Successor Trustee and attorney fees as prescribed by ORS 86.778); and (B) by curing all such other continuing and uncured defaults as noted in this Notice. NOTICE REQUIRED UNDER ORS 86.771(9): Without limiting the Successor Trustee’s disclaimer of representations or warranties, Oregon law requires the Successor Trustee to state in this notice that some residential property sold at a trustee’s sale may have been used in manufacturing methamphetamines, the chemical components of which are known to be toxic. Prospective purchasers of residential property should be aware of this potential danger before deciding to place a bid for this property at the trustee’s sale. DATED: January 5, 2018. By: Brad T. Summers, OSB 911116, Successor Trustee, Lane Powell PC, 601 SW Second Avenue, Suite 2100, Portland, OR 97204. Telephone: (503) 778-2100. Facsimile: (503) 778-2200.
Published March 20th, 27th, April 3rd and 10th, 2018.