NOTICE OF ANNUAL MEETING
Notice is hereby given that the Annual Meeting of the Board of Directors of Orchards Water Co. will be held at the Brogan Community Center on the 27th day of February, 2020 at 7:00 p.m.
Publish Date: February 19 & 26, 2020
TRUSTEE’S NOTICE OF SALE
Reference is made to that certain trust deed made by Jerry Mizuta, David Mizuta, and Mizuta Farms, Inc. an Oregon corporation, as grantor, to AmeriTitle of Ontario, Oregon, as trustee, in favor of Farmers Supply Cooperative, an Oregon cooperative, as beneficiary, dated May 21, 2015, recorded August 23, 2016, in the mortgage records of Malheur County, Oregon, as Instrument No. 2016-2859, as revised by the partial reconveyances dated June 26, 2018, and recorded as Instrument 2018-2445 and dated September 13, 2018, and recorded as Instrument No. 2018-3471, all in the mortgage records of Malheur County, Oregon, and now, subject to those partial reconveyances, covering only the following-described real property:
Land in Malheur County, Oregon, as follows:
In Twp. 18 S., R. 47 E., W.M.:
Sec. 19: All that portion of the E½NW¼ lying North of the Owyhee Canal and lying West of the Boulevard Lateral.
ALSO that portion of the SE1/4NW1/4 of Sec. 19 lying South of the Owyhee Canal.
EXCEPTING THEREFROM the following parcel:
Beginning at a point on the South side of the said SE1/4NW1/4 of Sec. 19 which is 100 feet East of the Southwest corner thereof;
Thence North to a point where said line intersects with the Owyhee Canal of the Owyhee Ditch Company;
Thence Northwesterly following the line of the Owyhee Canal to a point where said ditch intersects the West line of the said SE1/4SW1/4;
Thence South to the Southwest corner thereof;
Thence East 100 feet, along the South line thereof, to the Point of Beginning.
FURTHER EXCEPTING that right of way as contained in Deed to Malheur Valley Railway Co., as recorded November 3, 1906, Book M, Page 361, affecting the North 100 feet.
Both the beneficiary 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 Oregon Revised Statutes 86.752(3); the default for which the foreclosure is made is grantor’s failure to pay when due the following sums:
Failure to pay the entire balance of the principal and interest pursuant to the terms of the Trust Deed and Promissory Note, which bear a maturity date of December 31, 2015, said payment totaling the sum of $678,309.97 as of December 11, 2014, of which $575,928.88 is principal and $102,381.09 is interest, and interest on the unpaid balance at the rate of 1.0% per annum from the May 21, 2015, until December 31, 2015, and then interest at the rate of 18% per annum on the unpaid principal balance from the date of default (December 31, 2015) until paid. Since December 11, 2014, additional charges for fuel and card fee of $1,198.65 have been added to the principal balance. Since December 11, 2014, payments of $239,781.35, credit adjustments of $75,153.33, and equity recoups of $180,458.65 have been credited toward the principal balance and interest. At the time of the $239,781.35 payment by Grantors and upon assurance by Grantors that the remaining balance would be paid off, it was agreed an additional interest credit of $53,104.66 was to be given on August 24, 2018, and no further interest was to be charged from that date through December 31, 2018, in consideration for said assurances. When that balance was not paid off, on March 1, 2019, the Beneficiary added all the interest for 2018 back in, a total of $77,711.78. The principal balance due as of January 1, 2019, is $357,013.91 with interest from January 1, 2019, to November 6, 2019, of $54,402.54, for a total interest due on November 6, 2019, of $132,114.32 (including the 2018 interest). Further interest accrues from November 6, 2019, on the principal balance of $357,013.91 at the rate of 18.0% per annum, with the per diem interest amount being $176.06.
By reason of this default, the beneficiary has declared all sums owing on the obligation secured by the trust deed immediately due and payable, which sums are as follows:
The sum of $357,013.91 with interest thereon of $132,114.32 through November 6, 2019, and accruing interest at the rate of 18% percent per annum from November 6 2019, until paid; plus all fees, costs and expenses associated with this foreclosure and all sums expended by the beneficiary to protect the property or his interest therein during the pendency of this proceeding.
WHEREFORE, notice hereby is given that the undersigned trustee will on March 18, 2020, at the hour of two o’clock p.m., in accordance with the standard of time established by ORS 187.110, at the front door of the Malheur County Courthouse, 251 B Street West, in the City of Vale, Malheur County, Oregon, sell at public auction to the highest bidder for cash the interest in the above described real property which the grantor had or had power to convey, at the time of the execution by him of the trust deed, together with any interest the grantor or his successors in interest acquired after the execution of the 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 86.778 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 rendering the performance required under the obligation or trust deed, and in addition to paying the 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 86.778.
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
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 the trust deed, and the words “trustee” and “beneficiary” include their respective successors in interest, if any.
Dated: November 8, 2019.
Dustin A. Martinsen, Successor Trustee
Publish Dates: January 29, 2020, and February 5, 12, and 19, 2020