NOTICE TO BORROWER: YOU SHOULD BE AWARE
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.
TRUSTEE'S NOTICE OF SALE
REFERENCE IS HEREBY MADE to that certain Trust Deed made by DONALD L. BALDWIN and KATHRYN R. BALDWIN, Husband and Wife, as grantor, to NATHAN J. RATLIFF, as successor trustee (the trustee), in favor of PATRICK JAMES JUHL, Personal Representative of the ESTATE OF JIMMY HERSHEL JUHL, as beneficiary, dated April 15, 2005, recorded April 15, 2005, in the records of Douglas County, Oregon, as Instrument No. 2005-009324, as modified by an Assignment of Trust Deed by Beneficiary, dated November 21, 2006, and recorded on November 29, 2006, as Instrument No. 2006-028289 of the records of Douglas County, whereby the beneficial interest thereto was assigned to PATRICK JAMES JUHL, JACK ALLEN JUHL, JUDITH ANN PUCKETT, and JILL MARIE PAXTON, covering the following-described real property situated in the above-mentioned county and state, to-wit:
The following described property lying in the Northeast quarter of Section 34, Township 30 South, Range 6 West, Willamette Meridian, Douglas County, Oregon.
BEGINNING at a point 528 feet West of the quarter section corner between Sections 34 and 35, Township 30 South, Range 6 West, Willamette Meridian; thence North 165 feet; thence East 528 feet to section line; thence North 479.1 feet; thence West 528 feet; thence North 1532.4 feet to a 3/4 inch iron rod set along fence; thence North 83° West 15.93 chains; thence South 35.11 chains; thence East 15.76 chains to the place of beginning, all in Section 34, Township 30 South, Range 6 West, Willamette Meridian, Douglas County, Oregon.
EXCEPTING THEREFROM: BEGINNING at a point which is North 2304.66 feet and West 1571.49 feet from the quarter section corner between Sections 34 and 35, Township 30 South, Range 6 West, Willamette Meridian, Douglas County, Oregon; running thence South 83°00' East 291.76 feet; thence South 464.6 feet; thence West 288.0 feet; thence North 499.7 feet to the place of beginning.
ALSO EXCEPTING THEREFROM: BEGINNING at the Southeasterly corner of that parcel described in Volume 351, Page 427, Deed Records, Douglas County, Oregon, said point bears South 3044.58 feet and West 727.32 feet from the quarter corner common to Sections 26 and 27 of Township 30 South, Range 6 West, Willamette Meridian, Douglas County, Oregon; thence running North 83°00' West 540.5 feet along the Southerly line of the said parcel to the Northeasterly corner of that tract described in Instrument No. 311730, Deed Records, Douglas County, Oregon; thence South 464.6 feet to the Southeast corner of said tract; thence North 73°50' East 514.0 feet and North 43°20' East 60.0 feet along the centerline of a 16 foot wide road easement; thence leaving said road and running North 16.0 feet to a 5/8 inch iron rod; thence continuing North 198.2 feet to the point of beginning, all being situated in the Northeast quarter of the Northeast quarter of Section 34, Township 30 South, Range 6 West, Willamette Meridian, Douglas County, Oregon.
EXCEPTING THEREFROM any portion lying within County Road No. 44 (Shoestring Road).
Property ID.: R129444; Map ID No.: 300634A00900
Both the beneficiaries and the trustee have elected to sell the real property to satisfy the obligations secured by the Trust Deed and a Notice of Default has been recorded pursuant to ORS 86.735(3); the default for which the foreclosure is made is grantor's failure to pay when due, the following sums:
Principal and Interest payments in the amount
of $1,277.81 each for:
Total of 20 payments 25,556.20
2. Late Charges:
At the rate of $125.00 per late payment -
for the months specified above (20 months) 2,500.00
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. (NATHAN - I NEED TO SPEAK TO YOU ABOUT THIS; THIS PARAGRAPH IS NOT ON THE CURRENT S/N FORM)
By reason of such default described above, the beneficiary has declared all sums owing on the obligation secured by the Trust Deed immediately due and payable, those sums being the following, to-wit:
UNPAID PRINCIPAL IN THE AMOUNT OF $174,723.62, PLUS INTEREST THEREON THROUGH MARCH 16, 2012, IN THE AMOUNT OF $19,439.48, PLUS INTEREST THEREON AT 7.5% FROM MARCH 16, 2012, until paid, together with foreclosure costs, trustee fees, attorney fees, and sums required for the protection of the property and additional sums secured by the Deed of Trust.
WHEREFORE, NOTICE IS HEREBY GIVEN that the undersigned trustee will on SEPTEMBER 14, at the hour of 10:00 A.M., in accord with the standard of time established by ORS 187.110, at 620 Main Street, Klamath Falls, County of Klamath, State of Oregon, sell at public auction to the highest bidder for cash the interest in the real property described above which the grantor had or had power to convey at the time of the execution by grantor of the trust deed together with any interest which the grantor or grantor's successors in interest acquired after the execution of the trust deed, to satisfy the foregoing obligations thereby secured and the costs and expenses of the 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 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 those 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 amounts provided by 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 person owing an obligation, the performance of which is secured by the trust deed, and the words "trustee" and "beneficiary" include their respective successors in interest, if any.
DATED this 23 day of April, 2012.
/s/ Nathan J. Ratliff
Nathan J. Ratliff, Successor Trustee
Parks & Ratliff, P.C.
620 Main Street
Klamath Falls, OR 97601
#12215 Pub Dates: July 1, 8, 15, and 22, 2012
* Marker on map represents general location for this ad.