Trustee’s Sale No. 09-FMB-60470 NOTICE TO BORROWER: YOU SHOULD BE AWARE THAT THE UNDERSIGNED IS ATTEMPTING TO COLLECT A DEBT AND THAT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Reference is made to that certain Deed of Trust made by, RICKY J. MCDANIEL, A SINGLE MAN, as grantor, to PACIFIC NORTHWEST COMPANY OF OREGON, INC., as Trustee, in favor of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR ITS SUCCESSORS AND ASSIGNS, as beneficiary, dated 5/11/2007, recorded 5/11/2007, under Instrument No. 2007-1290, records of GRANT County, OREGON. The beneficial interest under said Trust Deed and the obligations secured thereby are presently held by INDYMAC FEDERAL BANK F.S.B. Said Trust Deed encumbers the following described real property situated in said county and state, to-wit: In Township 13 South Range 31 East of the Willamette Meridian, Grant County, Oregon Section 26 A tract of land in the NW1/4NE1/4 described as follows: Beginning at a point on the Northeasterly line of Southeast Main Place, said point being 727.3 feet South and 701.4 feet East of the North quarter corner of Section 26; thence N30 S36’E 65.5 feet; thence N19 4’E to a point on the South line of East Main St, thence Westerly along the south line of East Main St to its intersection with said Southeast Main Place; thence S46 9’E along said Northeasterly line of Southeast Main Place 93 feet to the point of beginning, being a portion of Block A City of John Day. Also in Township 13 South, Range 31 East of the Willamette Meridian Grant County Oregon Section 26 A parcel of land in the NW1/4NE1/4, more particularly described as follows, Beginning at a point on the Northeasterly boundary line of Southeast Main Place formerly known as Main Street in the City of John Day, said point being 727.3 feet South and 701.4 feet East of the North quarter corner of said Section 26, said point also being the Southeast corner of the R. B. Johnson Lob thence N30 S38L, along the East line of said R. B. Johnson Lot 65.5 feet to the Boyce Flume; thence S69 S57’E along said Boyce Flume 20 feet thence S30 S38’W, 67.5 feet to the Northeasterly boundary line of said Southeast Main Place thence N46 S29’W along said Northeasterly boundary line, 20 feet to the point of beginning The street address or other common designation, if any, of the real property described above is purported to be: 101 SOUTHEAST HILLCREST ROAD JOHN DAY, OR 97845-1232 The undersigned Trustee disclaims any liability for any incorrectness of the above street address or other common designation. Both the beneficiary and the trustee have elected to sell the said real 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: Amount due as of August 12, 2008 Delinquent Payments from April 01, 2008 5 payments at $ 787.51 each $ 3,937.55 (04-01-08 through 08-12-08) Late Charges: $ 102.20 Beneficiary Advances: $ 25.00 Suspense Credit: $ 0.00 TOTAL: $ 4,064.75 ALSO, if you have failed to pay taxes on the property, provide insurance on the property or pay other senior liens or encumbrances as required in the note and deed of trust, the beneficiary may insist that you do so in order to reinstate your account in good standing. The beneficiary may require as a condition to reinstatement that you provide reliable written evidence that you have paid all senior liens or encumbrances, property taxes, and hazard insurance premiums. These requirements for reinstatement should be confirmed by contacting the undersigned Trustee. By reason of said default the beneficiary has declared all sums owing on the obligation secured by said trust deed immediately due and payable, said sums being the following: UNPAID PRINCIPAL BALANCE OF $80,170.24, PLUS interest thereon at 6.500% per annum from 3/1/2008, until paid, together with escrow advances, foreclosure costs, trustee fees, attorney fees, sums required for the protection of the property and additional sums secured by the Deed of Trust. WHEREFORE, notice hereby is given that the undersigned trustee, will on December 12, 2008, at the hour of 11:00 AM, in accord with the standard of time established by ORS 187.110, at AT THE FRONT ENTRANCE TO THE COUNTY COURTHOUSE, 201 SOUTH HUMBOLT STREET, CANYON CITY, County of GRANT, State of OREGON, sell at public auction to the highest bidder for cash, the interest in the said described property which the grantor had, or had the power to convey, at the time of the execution by him of the said trust deed, together with any interest which the grantor or his 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 masculine gender includes the feminine and the neuter, 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 successors in interest, if any. Anyone having any objection to the sale on any grounds whatsoever will be afforded an opportunity to be heard as to those objections if they bring a lawsuit to restrain the same. DATED: 8/12/2006 REGIONAL TRUSTEE SERVICE CORPORATION Trustee By ANNA EGDORF AUTHORIZED AGENT 616 1st Avenue, Suite 500, Seattle, WA 98104 Phone: (206) 340-2550 Sale Information: http://www.rtrustee.com