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TRUSTEE'S NOTICE OF SALE
Reference is made to that certain Deed of Trust (the "Trust Deed") made by Richard Pacheco, as Grantor, (the "Grantor") to David R. Ambrose, Esq., as trustee (the "Trustee") in favor of Excelsior Management Group, LLC, as Beneficiary, dated March 11, 2004, recorded March 15, 2004, in the Records of Douglas County, Oregon, as document No. 2004-006651, covering the following described real property (the "Property") situated in the above-mentioned county and state, to-wit:
See exhibit "A" attached hereto and incorporated herein by reference.
EXHIBIT ‘A’
BEGINNING at a point in the Northeasterly tine of Main Street, from which the most Westerly corner of Block 7, TOWN OF MYRTLE CREEK, Oregon, as platted and filed in the Office of the County Clerk, Douglas County, Oregon, bears North 46° 55’ West 97.4 feet, being also the most Southerly corner of a parcel of land sold to W.A. Oerding, et ux, described in Volume 126, Page 290, Deed Records, Douglas County, Oregon; thence North 43° 05’ East 100.0 feet along the Southeasterly line of said parcel described in Volume 126, Page 290, to the most Easterly corner thereof, being also a point in the Southwesterly line of a parcel sold to the Engle & Worth Lumber Co., described in Volume 154, Page 397, said Deed Records; thence South 46° 55’ East 2.6 feet along said Southwesterly line of a parcel described in Volume 154, Page 397, to the most Southerly corner thereof and continuing South 46° 55’ East 50.0 feet to a point; thence South 43° 05’ West 100.0 feet parallel to First Street to a point in the Northeasterly line of Main Street, TOWN OF MYRTLE CREEK; thence North 46° 55’ West 52.6 feet along said Northeasterly line of Main Street to the point of beginning, in Block 7, TOWN OF MYRTLE CREEK, Douglas County, Oregon.
T29S, R05W, S28AA TL 3000
Order No. 62272
The beneficiary has assigned its interests to Excelsior Mortgage Equity Fund I, LLC (hereafter referred to as the "Beneficiary"). Both the Beneficiary and the Trustee have elected to sell the Property to satisfy the obligations secured by said Trust Deed and a notice of default has been recorded pursuant 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, together with all subsequent sums advanced by Beneficiary pursuant to the terms and conditions of the Trust Deed, or as a result of the following action or inaction:
1. Failing to report the fire at the Property and failing to provide Beneficiary with the insurance proceeds;
2. Failing to restore or repair the Property in a good and workmanlike condition, to the equivalent of its original condition;
3. Closing the restaurant located on the Property on July 4, 2004 (a business failure pursuant to the Deed of Trust) and abandoning the Property; and
4. Removing Collateral from the Property, namely certain fixtures, equipment, and furniture.
By reason of the default, the Beneficiary has declared all sums owing on the obligation secured by the Trust Deed immediately due and payable, those sums being the following, to-wit:
1. Unpaid Principal
(as of September 15, 2004) $96,231.24
2. Unpaid and Accrued Interest on the Unpaid Principal (as of September 15, 2004) plus accruing interest at the default rate of $13.36 per day $0.00
3. Late charges $ N/A
4. Subtotal
(as of September 15, 2004) $96,231.24
5. Plus title expenses, trustee’s fees, and attorneys’ fees incurred herein by reason of said default and any further sums advanced by the Beneficiary for the protection of the Property and its interest therein.
WHEREFORE, notice hereby is given that the undersigned Trustee will on Friday, January 21, 2005, at the hour of 10:00 a.m., in accord with the standard of time established by ORS 187.110, at the following place: the front outside steps to the Douglas County Courthouse, located at 1036 SE Douglas St., Roseburg, OR 97470, 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 said Trust Deed, together with any interest which the Grantor or Grantor's 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 foreclosure 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 tendering the performance required 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 obligation and Trust Deed, together with Trustee's and attorney's fees not exceeding the amounts provided by said ORS 86.753.
In construing this notice, 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: September 20, 2004.
Trustee:
David R. Ambrose
STATE OF OREGON )
County of Multnomah ) ss:
This instrument was acknowledged before me on September 20, 2004 by David R. Ambrose.
Notary Public - State of Oregon
My Commission Expires:
STATE OF OREGON ) ss.
County of Multnomah )
I, the undersigned, certify that I am attorney for the trustee and that the foregoing is a complete and exact copy of the original Trustee's Notice of Sale.
Christopher R. Ambrose
If the foregoing is a COPY to be served pursuant to ORS 86.740 or ORS 86.750(1), fill in opposite the name and address of party to be served.
Serve:
MAILING ADDRESS FOR TRUSTEE:
David R. Ambrose, Esq.
222 SW Columbia Street, Suite 1670
Portland, OR 97201-6616
CONTACT INFORMATION FOR TRUSTEE’S AGENT:
VPN Trustee Services (Oregon)
Attention: David R. Ambrose
222 SW Columbia Street, Suite 1670
Portland, Oregon 97201-6616
Phone: 503/222-0552
This is an attempt to collect a debt. Please be further advised that Beneficiary is the current creditor to whom the Debt is owed. The Debt will be assumed to be valid by Beneficiary unless within thirty (30) days after receipt of this notice, you dispute the validity of the debt or some portion thereof. The fact that you have thirty (30) days to dispute the Debt may not prevent us from filing a lawsuit or commencing further litigation against you within that time.
If you notify the Beneficiary in writing within thirty (30) days after the receipt of this notice that the Debt or any portion thereon is disputed, the Beneficiary will provide verification of the Debt, and a copy of the verification will be mailed to you by the Beneficiary. In attempting to collect the Debt, any information obtained from you will be used for that purpose.
#4899 Pub. Dates: December 3, 10, 17, 24, 2004
Reference is made to that certain Deed of Trust (the "Trust Deed") made by Richard Pacheco, as Grantor, (the "Grantor") to David R. Ambrose, Esq., as trustee (the "Trustee") in favor of Excelsior Management Group, LLC, as Beneficiary, dated March 11, 2004, recorded March 15, 2004, in the Records of Douglas County, Oregon, as document No. 2004-006651, covering the following described real property (the "Property") situated in the above-mentioned county and state, to-wit:
See exhibit "A" attached hereto and incorporated herein by reference.
EXHIBIT ‘A’
BEGINNING at a point in the Northeasterly tine of Main Street, from which the most Westerly corner of Block 7, TOWN OF MYRTLE CREEK, Oregon, as platted and filed in the Office of the County Clerk, Douglas County, Oregon, bears North 46° 55’ West 97.4 feet, being also the most Southerly corner of a parcel of land sold to W.A. Oerding, et ux, described in Volume 126, Page 290, Deed Records, Douglas County, Oregon; thence North 43° 05’ East 100.0 feet along the Southeasterly line of said parcel described in Volume 126, Page 290, to the most Easterly corner thereof, being also a point in the Southwesterly line of a parcel sold to the Engle & Worth Lumber Co., described in Volume 154, Page 397, said Deed Records; thence South 46° 55’ East 2.6 feet along said Southwesterly line of a parcel described in Volume 154, Page 397, to the most Southerly corner thereof and continuing South 46° 55’ East 50.0 feet to a point; thence South 43° 05’ West 100.0 feet parallel to First Street to a point in the Northeasterly line of Main Street, TOWN OF MYRTLE CREEK; thence North 46° 55’ West 52.6 feet along said Northeasterly line of Main Street to the point of beginning, in Block 7, TOWN OF MYRTLE CREEK, Douglas County, Oregon.
T29S, R05W, S28AA TL 3000
Order No. 62272
The beneficiary has assigned its interests to Excelsior Mortgage Equity Fund I, LLC (hereafter referred to as the "Beneficiary"). Both the Beneficiary and the Trustee have elected to sell the Property to satisfy the obligations secured by said Trust Deed and a notice of default has been recorded pursuant 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, together with all subsequent sums advanced by Beneficiary pursuant to the terms and conditions of the Trust Deed, or as a result of the following action or inaction:
1. Failing to report the fire at the Property and failing to provide Beneficiary with the insurance proceeds;
2. Failing to restore or repair the Property in a good and workmanlike condition, to the equivalent of its original condition;
3. Closing the restaurant located on the Property on July 4, 2004 (a business failure pursuant to the Deed of Trust) and abandoning the Property; and
4. Removing Collateral from the Property, namely certain fixtures, equipment, and furniture.
By reason of the default, the Beneficiary has declared all sums owing on the obligation secured by the Trust Deed immediately due and payable, those sums being the following, to-wit:
1. Unpaid Principal
(as of September 15, 2004) $96,231.24
2. Unpaid and Accrued Interest on the Unpaid Principal (as of September 15, 2004) plus accruing interest at the default rate of $13.36 per day $0.00
3. Late charges $ N/A
4. Subtotal
(as of September 15, 2004) $96,231.24
5. Plus title expenses, trustee’s fees, and attorneys’ fees incurred herein by reason of said default and any further sums advanced by the Beneficiary for the protection of the Property and its interest therein.
WHEREFORE, notice hereby is given that the undersigned Trustee will on Friday, January 21, 2005, at the hour of 10:00 a.m., in accord with the standard of time established by ORS 187.110, at the following place: the front outside steps to the Douglas County Courthouse, located at 1036 SE Douglas St., Roseburg, OR 97470, 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 said Trust Deed, together with any interest which the Grantor or Grantor's 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 foreclosure 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 tendering the performance required 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 obligation and Trust Deed, together with Trustee's and attorney's fees not exceeding the amounts provided by said ORS 86.753.
In construing this notice, 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: September 20, 2004.
Trustee:
David R. Ambrose
STATE OF OREGON )
County of Multnomah ) ss:
This instrument was acknowledged before me on September 20, 2004 by David R. Ambrose.
Notary Public - State of Oregon
My Commission Expires:
STATE OF OREGON ) ss.
County of Multnomah )
I, the undersigned, certify that I am attorney for the trustee and that the foregoing is a complete and exact copy of the original Trustee's Notice of Sale.
Christopher R. Ambrose
If the foregoing is a COPY to be served pursuant to ORS 86.740 or ORS 86.750(1), fill in opposite the name and address of party to be served.
Serve:
MAILING ADDRESS FOR TRUSTEE:
David R. Ambrose, Esq.
222 SW Columbia Street, Suite 1670
Portland, OR 97201-6616
CONTACT INFORMATION FOR TRUSTEE’S AGENT:
VPN Trustee Services (Oregon)
Attention: David R. Ambrose
222 SW Columbia Street, Suite 1670
Portland, Oregon 97201-6616
Phone: 503/222-0552
This is an attempt to collect a debt. Please be further advised that Beneficiary is the current creditor to whom the Debt is owed. The Debt will be assumed to be valid by Beneficiary unless within thirty (30) days after receipt of this notice, you dispute the validity of the debt or some portion thereof. The fact that you have thirty (30) days to dispute the Debt may not prevent us from filing a lawsuit or commencing further litigation against you within that time.
If you notify the Beneficiary in writing within thirty (30) days after the receipt of this notice that the Debt or any portion thereon is disputed, the Beneficiary will provide verification of the Debt, and a copy of the verification will be mailed to you by the Beneficiary. In attempting to collect the Debt, any information obtained from you will be used for that purpose.
#4899 Pub. Dates: December 3, 10, 17, 24, 2004
