Details for #19691 - Amended Notice of

Updated

AMENDED NOTICE OF DEFAULT AND ELECTION TO SELL KNOW ALL MEN BY THESE PRESENTS, that CHRISTOPHER B. MURDOCK and KARANA A. MURDOCK, is the grantor, and, AMERITITLE, a Delaware Corporation, is the trustee, and FLORENCE E. DRAPER, is the beneficiary under that certain trust deed March 12, 2019, and recorded on March 20, 2019, as Instrument No. 2019 at page 002535 of the Mortgage (Microfilm) Records of Klamath County, Oregon. A parcel of land being situate in the SE 1/4 SE 1/4 of Section 36, Township 39 South, Range 7 East of the Willamette Meridian, in the County of Klamath, State of Oregon, more particularly described as follows: Beginning at a point 238.7 feet North of a point 308.7 feet West of the corner common to Township 39 and 40 South, Range 7 and 8 East of the Willamette Meridian, in the County of Klamath, State of ; thence North 208.7 feet; thence West 208.7 feet; thence South 208.7 feet; thence West 208.7 feet to the place of beginning. Saving and excepting therefrom the West 5 feet thereof conveyed to Klamath County by Volume M75 Page 8217 and Volume M75 Page 8224, microfilm records of Klamath County, Oregon. 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 Section 86.735(3) of Oregon Revises Statues. The Default for which the foreclosure is made is grantor’s failure to pay when due the following sums: Failure to make monthly payments in the amount of $800.00. per month from October 10, 2019. Failure to pay real property taxes for the 2019-2020 tax year in the amount of $1,459.86 plus interest. 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: $144,152.53 as of October 31, 2019, plus interest and costs. WHEREFORE, notice hereby is given that the undersigned trustee will on December 4, 2020 at the hour of 11:00 a.m. standard time, as established by Section 187.110, Oregon Revised Statutes, at 125 S. 6th Street, in the City of Klamath Falls, County of Klamath, State of Oregon, sell at public auction to the highest bidder for cash the interest in said described real property which the grantors had or had power to convey at the time of the execution by him of said trust deed, to satisfy the foregoing obligations thereby secured and the costs or their 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 Section 86.753 of Oregon Revised Statutes has the right, at any time prior to five days before the trustee conducts 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 them 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 Section 86.753 of Oregon Revised Statutes as the original sale date was stayed by the filing of bankruptcy on July 6, 2020, which bankruptcy was dismissed on July 30, 2020. NOTICE TO POTENTIAL PURCHASERS Without limiting the trustee’s disclaimer of representations or warranties, Oregon law requires the trustee to state in this notice that some residential property sold at a trustee’s sale may have been used in manufacturing methamphetamines, the chemical components of which are known to be toxic. Prospective purchasers of residential property should be aware of this potential danger before deciding to place a bid for this property at the trustee’s sale. NOTICE TO TENANTS If you are a tenant of this property, foreclosure could effect your rental agreement. A purchaser who buys this property at a foreclosure sale has the right to require you to move out after giving you notice of the requirement. If you do not have a fixed term lease, the purchaser may require you to move out after giving you a 30 day notice on or after the date of the sale. If you have a fixed term lease, you may be entitled to receive after the date of sale a 60 day notice of the purchaser’s requirement that you move out. To be entitled to a 30 day or 60 day notice, you must give the trustee of the property written evidence of your rental agreement at least 30 days before the date first set for the sale. If you have a fixed term lease, you must give the trustee a copy of the rental agreement. If you do not have a fixed term lease and cannot provide a copy of the rental agreement, you may give the trustee other written evidence of the existence of the rental agreement. The date that is 30 days before the date of the sale is November 2, 2020. The name of the trustee and the trustee’s mailing address are listed on this notice. Federal law may grant you additional rights including a right to a longer notice period. Consult a lawyer for more information about your rights under federal law. You have the right to apply your security deposit and any prepaid rent toward your current obligations under your rental agreement. If you want to do so, you must notify your landlord in writing and in advance that you intend to do so. If you believe you need legal assistance with this matter, you may contact the Oregon State Bar and ask for the lawyer referral service. The Oregon State Bar attorney referral service may be reached at (800) 452-7636. If you have a low income and meet federal poverty guidelines, you may be eligible for free legal assistance. Legal Aid may be reached at (800) 480-9160. 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. The Fair Debt Collection Practices Act requires that we state the following: This is an attempt to collect a debt, and any information obtained will be used for that purpose. If a discharge has been obtained by any party through bankruptcy proceedings. This shall not be construed to be an attempt to collect the outstanding indebtedness or hold you personally liable for the debt. DATED: October 9, 2020 /s/ Scott D. MacArthur, Successor Trustee 125 S. 6th Street, Klamath Falls, OR 97601 #19691 October 9, 16, 23, 30, 2020

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