NOTICE OF DEFAULT AND ELECTION TO SELL
Published 4:00 pm Tuesday, February 26, 2008
1. This notice of default is recorded pursuant to ORS 86.735(3) with respect to a deed of trust (the “Trust Deed”) dated June 21, 2006, by Larry Redfield, (the “Grantor”), to Land Title Company of Grant County, Inc. (the “Trustee”), to secure payment and performance of certain obligations of the Grantor to Ron and Loretta Quant (the “Beneficiaries”), including repayment of the promissory notice (the “Note”) dated June 21, 2006, in the principal amount of $125,000 (“the Note”).
2. The description of the parcels of real property covered by the Trust Deed is:
Land in Prairie City, Grant County, Oregon as follows:
Township 13 South, Range 33 East, Willamette Meridian:
Section 11: Commencing at a point 371.5 feet S. 76?W. from the Southeast corner of Lot 5 in Kilbourn’s Addition to Prairie City, Grant County, Oregon;
Thence S. 76? W. 140 feet to the East side of the County Road leading from the City of Prairie City, Oregon, to the lower bridge across the John Day River on said County Road;
Thence S. 14? E., along the East side of said road, 153 feet 8 inches to the POINT OF BEGINNING;
Thence S. 14? E., along the East side of said road, 246 feet 4 inches;
Thence N. 76? E., 140 feet;
Thence N. 14? W., 246 feet 4 inches;
Thence S. 76? W. 140 feet to the POINT OF BEGINNING.
SAVE AND EXCEPT that portion conveyed to the Town of Prairie City, a municipal corporation, by deed recorded May 31, 1949, in Deed Book 57, page 175, Records of Grant County, Oregon.
ALSO SAVE AND EXCEPT that portion conveyed to Jim Fields and Rosa Lee Fields, husband and wife, by deed recorded August 31, 1967, in Deed Book 97, page 384, Records of Grant County, Oregon.
(Tax Acct. 4-1 13-33-11BA; TL 1300; Ref. 3130)
Commonly known as:
407 S. Bridge Street, Prairie City, Oregon 97869
3. The Trust Deed was recorded on June 28, 2006, as Document Number20061479B in the real property records of Grant County, Oregon.
4. The successor trustee hereby certifies that no action has been instituted to recover the obligation, or any part thereof, now remaining secured by the Trust Deed or, if such action has been instituted, such action has been dismissed except as permitted by ORS86.735(4).
5. The default for which the foreclosure is made is the Grantor’s failure to pay the entire balance due December 28, 2006.
6. By reason of said default, Ron and Loretta Quant, as beneficiaries under the Trust Deed, have declared all sums owing on the obligation secured by the Trust Deed immediately due and payable which sums are as follows: (a) the principal balance of $125,000.00, (b) accrued interest of $4,595.89 as of November 6, 2007, and interest accruing thereafter on the principal balance at the default rate of 11percent per annum ($37.67 per day), (c) late charges and other charges of $50 as of January 2, 2007, and any late charges accruing thereafter, (d) amounts that the successor beneficiary has paid on or may hereinafter pay to protect the lien, including by way of illustration, but not limitation, taxes, assessments, interest on prior liens, and insurance premiums, and (e) costs and attorney and trustee fees incurred by the successor beneficiary in foreclosure, including the cost of a trustee’s sale guarantee and any other environmental or appraisal report.
7. Notice is hereby given that by reason of said default, Ron and Loretta Quant, as beneficiaries of the Trust Deed, and the successor trustee have elected to foreclose the trust deed by advertisement and sale pursuant to ORS 86.705 to ORS86.795 and to sell the real property identified in paragraph 2 to satisfy the obligation that is secured by the Trust Deed.
8. The sale will be conducted on Tuesday, April 8, 2008, at eleven o’clock (11:00) a.m., based on the standard of time established by ORS187.110, just outside the main entrance of the Grant County Courthouse, 201 S. Humbolt Street, Canyon City, Oregon 97820.
9. 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 Ron and Loretta Quant, as beneficiaries, of the entire amount then due, (other than such portion of 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 and attorney fees not exceeding the amount provided by ORS 86.753.
10. 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 said Trust Deed, and the words “trustee” and “beneficiary” include their respective successor in interest, if any.
For further information, please contact Jeffrey M. Wilson at Miller Nash LLP, 446 N.W. Third Street, Suite 230, Prineville, Oregon 97754 or telephone him at (541) 447-5777.
DATED: November 20, 2007.
Jeffrey M. Wilson
Successor Trustee