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HomeMy WebLinkAbout2012-046 Trustees Notice of Sale - Hwang TRUSTEE'S NOTICE OF SALE Reference is made to that certain trust deed made, executed and delivered by Alicia Hwang, Chian Seng Hwang, and Catherine Hwang, as grantors, to Lawyers Title Insurance Company, as trustee, to secure certain obligations in favor of Gary R. Moore (now deceased) and Sandra Pope Moore, as beneficiary, dated February 26, 2001, and recorded as No. 01-10942 of the Official Records of Jackson County, Oregon, on March 21, 2001, covering the following described real property, to wit: See Exhibit "A" attachad. Both the beneficiary and the trustee have elected to sell the said real property to satisfy the obligations secured by said trust deed and to foreclose said trust deed by advertisement and sale. The default for which the foreclosure is made is grantor's failure to pay when due the following sums owing on said obligations, which sums are now past due, owing and delinquent: Monthly installments of$6,118.29 per month, beginning with the installment due February 21, 2012 and monthly installments in the same amount due the 21st day of each month thereafter. By reason of said default, and grantor's failure to pay real property taxes for tax years 2007-08, 2008-09, 2009-10 and 2010-11, the beneficiary has declared the entire unpaid balance of all obligations secured by said trust deed together with the interest thereon, immediately due, owing and payable, said sums being the following to wit $84,549.69,together with interest thereon at the rate of 7.75% per annum from January 21, 2012 until paid, plus a late fee of$25 per month on any payment not received within 10 days of its due date, plus trustee's fees, attorney's fees, foreclosure costs and any sums advanced by the beneficiary pursuant to the terms of said trust deed. An Amended Notice of Default and Election to Sell and to foreclose was duly recorded and assigned No. 2012-007244 of the Official Records of Jackson County, State of Oregon. Said Notice of Default and Election to Sell was recorded March 9, 2012. WHEREFORE, NOTICE HEREBY IS GIVEN that the undersigned trustee will on July 26, 2012, at the hour of 1:30 o'clock p.m., Pacific Time as established by Section 187.110, Oregon Revised Statutes, at 515 E. Main Street, Ashland, OR 97520, sell at public auction to the highest bidder for cash the interest in the said described real property which the grantor had or had power to convey at the time of the execution of the said trust deed, together with any interest which the grantor or successors in interest acquired after the execution of said trust deed, to DAvfs,HEARN,BRIDGES &ANDERSON A Professional Corporation 515 EAST MAIN STREET ASHLAND,OREGON 97520 Trustee's Notice of Sale -1- 15411492-3111 FAX i541i 458455 w .eavisnearn.MM 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 certain persons referred to in the Oregon Revised Statutes have the right to have the foreclosure proceeding dismissed and the trust deed reinstated by payment of the entire amount due (other than such portion of said principal as would not then be due had no default occurred) together with costs, trustee's and attorney's fees at any time prior to five days before the date of said sale, provided that all other defaults referred to above are by then. DATED this Pt of March, 2012. DAVIS, HEARN, BRIDGES & ANDERSON A Professional Corporation JACK DAVIS, rustee Trustee's Notice of Sale -2- EXHIBIT ® PAGE--/ OF_�, Commencing at an iron pipe situated at the centerline angle point of North Main Street, in the City of Ashland, Jackson County, Oregon, which bears South 88 degrees 13'43"West, 587.46 feet from the accepted northwest corner of Donation Land Claim No. 40 in Section 5, Township 39 South, Range 1 East of the Willamette Meridian said County, and State, thence South 32 degrees 16'43" East along the centerline of North Main Street, as presently found monumented, 231.37 feet to a point which bears South 57 degrees 38'47"West, 30.00 feet from a 5/8" x 24" iron pin situated in the northeasterly right of way of North Main Street, thence leaving said centerline, North 57 degrees 38'47" East 30.00 feet to a 5/8"x 24" iron pin situated in the northeasterly right of way of North Main Street, for the true point of beginning; thence leaving said right of way, North 57 degrees 38'47" East, 158.00 feet to a 5/8" x 24" iron pin Witness Comer; thence continuing North 57 degrees 38'47" East, 75.49 feet to a 5/8" x 24" iron pin situated in the Southern Pacific Railroad's southwesterly right of way;thence Southeasterly, along the said right of way, a distance of 245.00 feet, more or less, to intersect that Boundary Line Agreement recorded as Document No. 87-01570, Official Records of Jackson County, Oregon; thence South 66 degrees 20'37' West along said boundary line a distance of 309.020 feet to a 3/4"x 18" galvanized iron pipe located on the northeasterly line of North Main Street; thence Northwesterly, along said right of way line, a distance of 163.60 feet, more or less to the point of beginning. (Code 5-01, Account#1-077051-8, Map#391 E05AD, Tax Lot#802)