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8-29-12 Trustee's Notice of Sale Baden, McRhoads

NOTICE
   
If you are the borrower in the deed of trust transaction described in this notice, and you are a member of the armed forces who is on active military duty, or are a member of the National Guard and are deployed for active duty, please contact our office immediately to discuss alternatives to this foreclosure proceeding.
   
TRUSTEE'S NOTICE OF SALE
   
NOTICE: YOU ARE HEREBY NOTIFIED THAT THE AMOUNT OF YOUR INDEBTEDNESS TO THE BENEFICIARY, THEIR SUCCESSORS IN INTEREST AND/OR ASSIGNEES AS RECITED BELOW, AS OF THE DATE OF THIS NOTICE/LETTER, IS $245,020.16. INTEREST FEES AND COSTS WILL CONTINUE TO ACCRUE AFTER THE DATE OF THIS NOTICE/LETTER. UNLESS YOU DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF WITHIN 30 DAYS AFTER RECEIVING NOTICE OF THIS DOCUMENT, THIS OFFICE WILL ASSUME THE DEBT TO BE VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN THE 3O-DAY PERIOD THAT THE DEBT OR ANY PORTION THEREOF IS DISPUTED, VERIFICATION OF THE DEBT WILL BE OBTAINED AND WILL BE MAILED TO YOU. UPON WRITTEN REQUEST WITHIN 30 DAYS, THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR, WILL BE PROVIDED.
   
NOTICE: WE ARE A DEBT COLLECTOR. THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR PURPOSES OF DEBT COLLECTION.
   Reference is made to that certain trust deed made by Kay M. Baden and deborah C. McRhoads, not as tenants in common, but with the right of survivorship, as grantor, to First American Title Insurance Company, as trustee, in favor of Mortgage Electronic Registration Systems, Inc. is a separate corporation that is acting solely as a nominee for B. F. Saul Mortgage Company and its successors and assigns, as beneficiary, dated May 7, 2007, recorded May 8, 2007, in the mortgage records of Jefferson County, Oregon, as Recording Number 2007-002481 said Deed of Trust was assigned on November 17, 2011 to Capital One, N.A. by an instrument Recorded under Auditor's File No. 2011-3954 on December 16, 2011, covering the following described real property situated in said county and state, to-wit:
   Lot 19, Martin's Commons, a Planned Unit Development, recorded April 27, 2000 as instrument #20001537, Jefferson County Records.
   Both the beneficiary and the trustee, David A. Weibel, will 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 86.753(3); the default for which the foreclosure is made is grantor's failure to pay the following sums:
   1. Monthly Payments:
   
Delinquent Monthly Payments Due from 8/18/2011 through 7/17/2012:
   
Total Payments: $14,760.43
   Accrued late Charges: $565.95
   Recovereable Balance: $41.32
   THE SUM OWING ON THE OBLIGATION SECURED BY THE TRUST DEED: $15,367.70
   2. Delinquent Real Property Taxes, if any:
   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, to wit:
   Unpaid balance is $242,520.16 as of July 2, 2012. In addition there are attorney's fees and foreclosure costs which as of the date of this notice are estimated to be $2,500.00 Interest, late charges and advances for the protection and preservation of the property may accrue after the date of this notice.
   WHEREFORE, notice hereby is given that the undersigned trustee, David A. Weibel, on November 14, 2012 at the hour of 11:00 am, in accord with the standard of time established by ORS 187.110, at the front entrance to the Jefferson County Courthouse, located at 75 SE `C' Street, Madras, State of Oregon, sell at public auction to the highest bidder for cash the interest in the said described real property which the grantor has 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 that is not later than 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 principle as would not then be due had no default occurred), paying all advances authorized under the trust deed, including all costs and expenses incurred in enforcing the obligation and trust deed, and by curing any other default complained of therein 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 said trust deed, and the words "trustee" and "beneficiary" include their respective successors in interest, if any.
   Dated: July 5, 2012
   David A. Weibel, Trustee
   For Information Call:
   Bishop, White, Marshall & Weibel, P.S.
   720 Olive Way, Suite 1201
   Seattle, WA 98101
   (206)622-7527
   NOTICE TO RESIDENTIAL TENANTS
   The property in which you are living is in foreclosure. A foreclosure sale is scheduled for November 14, 2012. The date of this sale may be postponed. Unless the lender that is foreclosing on this property is paid before the sale date, the foreclosure will go through and someone new will own this property. After the sale, the new owner is required to provide you with contact information and notice that the sale took place.
   The following information applies to you only if you are a bona fide tenant occupying and renting this property as a residential dwelling under a legitimate rental agreement. The information does not apply to you if you own this property or if you are not a bona fide residential tenant.
   If the foreclosure sale goes through, the new owner will have the right to require you to move out. Before the new owner can require you to move, the new owner must provide you with written notice that specifies the date by which you must move out. If you do not leave before the move-out date, the new owner can have the sheriff remove you from the property after a court hearing. You will receive notice of the court hearing.
   PROTECTION FROM EVICTION
   IF YOU ARE A BONA FIDE TENANT OCCUPYING AND RENTING THIS PROPERTY AS A RESIDENTIAL DWELLING, YOU HAVE THE RIGHT TO CONTINUE LIVING IN THIS PROPERTY AFTER THE FORECLOSURE SALE FOR:
   * THE REMAINDER OF YOUR FIXED TERM LEASE, IF YOU HAVE A FIXED TERM LEASE, OR
   * AT LEAST 90 DAYS FROM THE DATE YOU ARE GIVEN A WRITTEN TERMINATION NOTICE.
   If the new owner wants to move in and use this property as a primary residence, the new owner can giVe you written Notice and require you to move out after 90 days, even though you have a fixed term lease with more than 90 days left.
   You must be provided with at least 90 days' written notice after the foreclosure sale before you can be required to move.
   A bona fide tenant is a residential tenant who is not the borrower (property owner) or a child, spouse or parent of the borrower, and whose rental agreement:
   * Is the result of an arm's-length transaction;
   * Requires the payment of rent that is not substantially less than fair market rent for the property, unless the rent is reduced or subsidized due to a federal, state or local subsidy; and
   * Was entered into prior to the date of the foreclosure sale.
   ABOUT YOUR TENANCY
   
BETWEEN NOW AND THE FORECLOSURE SALE:
   RENT
   YOU SHOULD CONTINUE TO PAY RENT TO YOUR LANDLORD UNTIL THE PROPERTY IS SOLD OR UNTIL A COURT TELLS YOU OTHERWISE. IF YOU DO NOT PAY RENT, YOU CAN BE EVICTED. BE SURE TO KEEP PROOF OF ANY PAYMENTS YOU MAKE.
   SECURITY DEPOSIT
   You may apply your security deposit and any rent you paid in advance against the current rent you owe your landlord as provided In ORS 90.367. To do this, you must notify your landlord in writing that you want to subtract the amount of your security deposit or prepaid rent from your rent payment. You may do this only for the rent you owe your current landlord. If you do this, you must do so before the foreclosure sale. The business or individual who buys this property at the foreclosure sale is not responsible to you for any deposit or prepaid rent you paid to your landlord.
   ABOUT YOUR TENANCY
   
AFTER THE FORECLOSURE SALE
   The new owner that buys this property at the foreclosure sale may be willing to allow you to stay as a tenant instead of requiring you to move out after 90 days or at the end of your fixed term lease. After the sale, you should receive a written notice informing you that the sale took place and giving you the new owner's name and contact information. You should contact the new owner if you would like to stay. If the new owner accepts rent from you, signs a new residential rental agreement with you or does not notify you in writing within 30 days after the date of the foreclosure sale that you must move out, the new owner becomes your new landlord and must maintain the property. Otherwise:
   * You do not owe rent;
   * the new owner is not your landlord and is not responsible for maintaining the property on your behalf; and
   * You must move out by the date the new owner specifies in a notice to you.
   The new owner may offer to pay your moving expenses and any other costs or amounts you and the new owner agree on in exchange for your agreement to leave the premises in less than 90 days or before your fixed term lease expires. You should speak with a lawyer to fully understand your rights before making any decisions regarding your tenancy.
   IT IS UNLAWFUL FOR ANY PERSON TO TRY TO FORCE YOU TO LEAVE YOUR DWELLING UNIT WITHOUT FIRST GIVING YOU WRITTEN NOTICE AND GOING TO COURT TO EVICT YOU. FOR MORE INFORMATION ABOUT YOUR RIGHTS, YOU SHOULD CONSULT A LAWYER. If you believe you need legal assistance, contact the Oregon State bar and ask for the lawyer referral service. Contact information for the Oregon State Bar is included with this notice. If you do not have enough money to pay a lawyer and are otherwise eligible, you may be able to receive legal assistance for free. Information about whom to contact for free legal assistance is included with this notice.
   David A. Weibel, Trustee
   Bishop, White, Marshall & Weibel, P.S.
   720 Olive Way, Suite 1201
   Seattle, WA 98101
   (206)622-7527
   If you need help finding a lawyer, you may call the Oregon State bar's Lawyer Referral Service at 503-684-3763 or toll-free in Oregon at 800-452-7636 or you may visit its Web site at www.osbar.org. Legal assistance may be available if you have a low income and meet federal poverty guidelines. For more information and a directory of legal aid programs, go to http://www.oregonlawhelp.org.
   Publish: August 29, September 5, 12, 19, 2012