TRUSTEE’S NOTICE OF SALE
Reference is made to that certain Line of Credit Instrument (“Trust Deed”) made by Mark E. Delong, as grantor, to Malheur County Title Company, Inc., as trustee, in favor of Bank of Eastern Oregon, as beneficiary, dated December 30, 2013, and recorded on December 31, 2013, as Instrument No. 2013-5385 of the Official Records of Malheur County, Oregon, which was modified by that certain Modification of Deed of Trust dated August 6, 2014, and recorded on August 7, 2014, as Instrument No. 2014-2559 of the Official Records of Malheur County, Oregon, wherein the maturity date of the debt instrument specifically identified in the Trust Deed was extended to December 10, 2014, which was further modified by that certain Assignment of Trust Deed dated December 19, 2018, and recorded on January 8, 2019, as Instrument No. 2019-0068 of the Official Records of Malheur County, Oregon wherein PSB Credit Services, Inc. is named as successor beneficiary under said Trust Deed, which was further modified by that certain Appointment of Successor Trustee recorded on July 13, 2021 as Instrument No. 2021-3452 in the Official Records of Malheur County, Oregon wherein Bradley S. Copeland is named as the Successor Trustee, which was further modified by that certain First Amended Order Confirming Chapter 12 Plan and Resolving Motions entered by the United States Bankruptcy Court for the District of Oregon, in the matter of In re Mark Delong, Case No. 22-30011-dwh12, on December 14, 2022, and recorded in the Official Records of Malheur County, Oregon on March 13, 2023, as Instrument No. 2023-0667, which was further modified by that certain Non-Merger Estoppel Deed recorded on July 3, 2023, as Instrument No. 2023-1956 in the Official Records of Malheur County, Oregon covering the following described real property situated in said county and state (“Non-Merger Estoppel Deed”), to-wit: See Exhibit A attached hereto Pursuant to the terms of the Trust Deed, the real property and improvements described therein secure the original principal amount of a line of credit instrument in the amount of $3,812,000.00, together with all other obligations, debts, and liabilities, plus interest thereon, of Grantor to Bank of Eastern Oregon, which effectively included three separate promissory notes executed by Grantor and payable to Bank of Eastern Oregon with loan numbers ending in 8512, 8579, and 8546. Grantor filed a Petition for Relief under Chapter 12 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Oregon on January 4, 2022, Case No. 22-30011 (“Bankruptcy Case”). Pursuant to the terms of Debtor’s First Amended Chapter 12 Plan Dated 8/23/2022 (as modified at confirmation) filed with the Bankruptcy Court on December 14, 2022 (“First Amended Chapter 12 Plan”), which was confirmed pursuant to the terms of that certain First Amended Order Confirming Chapter 12 Plan and Resolving Motions entered on December 14, 2022, Grantor/Debtor was required to tender periodic payments to the Chapter 12 Trustee as follows: (i) $75,000.00 on or before 12/1/2022; (ii) $50,000.00 on or before 12/31/2022; (iii) $75,000.00 on or before 3/1/2023; and (iv) $165,000.00 every six months thereafter beginning 9/1/2023. In the event Grantor/Debtor defaulted on his obligations due under the First Amended Chapter 12 Plan, PSB Credit Services, Inc. was expressly authorized to record the Non-Merger Estoppel Deed. Grantor/Debtor has defaulted on his obligations due under the First Amended Chapter 12 Plan by failing to make payments to the Chapter 12 Trustee in the sum of $194,980.24 as disclosed in a recent filing in the Bankruptcy Case by the Chapter 12 Trustee, failing to pay property taxes, and failing to provide monthly reports. As a result of this default, PSB Credit Services, Inc. recorded the above referenced Non-Merger Estoppel Deed in the Official Records of Malheur County, Oregon thereby resulting in the Grantor/Debtor conveying, to a limited extent, his interest in the real property described therein to the successor beneficiary, PSB Credit Services, Inc., by and through said Non-Merger Estoppel Deed recorded on July 3, 2023, as Instrument No. 2023-1956 in the Official Records of Malheur County, Oregon. There is a default by the Grantor/Debtor owing an obligation, the performance of which is secured by said Trust Deed, or by his successor in interest, with respect to provisions therein which authorize sale in the event of default of such provisions. By reason of said default, the successor beneficiary has declared all sums owing on the obligations secured by said Trust Deed immediately due and payable, said sums being the following, to-wit: the principal balance of $5,423,562.77, together with accrued interest through July 3, 2023 in the amount of $444,281.77, with interest continuing to accrue thereafter at the rate of $1,053.07 per diem, until paid, and such other costs, charges and fees as are due under the debt instruments secured by the Trust Deed, and as are provided by statute. WHEREFORE, notice is hereby given that the undersigned successor Trustee will, on April 22, 2024, at the hour of 10:00 a.m. MST in accord with the standard of time established by ORS 187.110, Malheur County Courthouse front entrance, 251 “B” Street West, Vale, Oregon, sell at public auction to the highest bidder for cash the interest in said described real property which the Grantor had or had power to convey at the time of the execution by them of the said Trust Deed, together with any interest which the Grantors 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 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 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 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 said Trust Deed, and the words “Trustee” and “Beneficiary” include their respective successors in interest, if any.
THE DEBT DESCRIBED IN THIS TRUSTEE’S NOTICE OF SALE WILL BE ASSUMED TO BE VALID UNLESS WITHIN 30 DAYS AFTER THE RECEIPT OF THIS NOTICE THE PERSON(S) OBLIGATED OR ALLEGEDLY OBLIGATED TO PAY THE DEBT DISPUTES IN WRITING THE VALIDITY OF THE DEBT OR SOME PORTION OF IT.
If the Successor Trustee is notified in writing within the 30 day period that the debt or some portion of it is disputed, the Successor Trustee will obtain verification of the debt. Then, a copy of the verification will be mailed by the Successor Trustee to the person(s) notifying him of the dispute. Upon written request within the 30 day period, the Successor Trustee will provide the name and address of the original creditor if different than the current creditor named above. Written requests to the Successor Trustee should be delivered to: Bradley S. Copeland, Arnold Gallagher PC, PO Box 1758, Eugene, OR 97440-1758.
THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
DATED: December 11, 2023
Bradley S. Copeland, Successor Trustee
EXHIBIT A
Parcel 1A:
Land in Malheur County, Oregon, as follows:
In Twp. 17 S., R. 44 E., W. M.: Tax Lots 3700 and 4100 (fmly Tax Lots 2600 and 2691)
Sec. 15: All that portion of the South 1/2 lying South and West of the right of way of the
Oregon-Washington Railroad & Navigation Company, a corp.
EXCEPTING THEREFROM a parcel of land described as follows, to-wit:
Commencing at the Southwest corner of said Sec. 15;
thence East, along the South line of said Section, 2118 feet to the Point of Beginning;
thence East, along the South line of said Section, 208.5 feet;
thence North 208.5 feet;
thence West 208.5 feet;
thence South 208.5 feet to the Point of Beginning.
FURTHER EXCEPTING THEREFROM the following described parcel:
Commencing at the Southwest corner of said Sec. 15;
thence East, along the South boundary of Sec. 15, 2326.5 feet to the Point of Beginning;
thence North 208.5 feet;
thence West 130 feet;
thence North, parallel with the West boundary of Sec. 15, to a point on the South boundary of the Union
Pacific Railroad right of way;
thence Southeasterly, along said right of way, to a point of intersection with the South boundary of Sec.
15;
thence West, along the South boundary, to the Point of Beginning.
ALSO a strip of land 100 feet wide, being 50 feet in width on each side of and parallel with the center line
of main track of the Willow Creek Branch of the Malheur Valley Railway Company, as formerly
constructed and operated over and across the SW1/4 NW1/4, SW1/4 and SW1/4 SE1/4 of Sec. 15, Twp.
17 S., R. 44 E., W.M., Malheur County, Oregon, said center line being more particularly described as
follows:
Beginning at a point on the West line of said Sec. 15, 88.7 feet North of the West quarter corner of said
Sec.;
thence S. 51° 14.5′ E., 4413 feet, more or less, to an intersection with the South line of said
Section 845 feet, more or less, East of the South quarter corner of said Section.
EXCEPTING THEREFROM the following parcel:
Commencing at the Southwest corner of Sec. 15;
thence East, along the South boundary of Sec. 15, 2,326.5 feet;
thence North 208.5 feet;
thence West 130 feet;
thence North, parallel with the West boundary of Sec. 15 to a point on the South boundary of the Union
Pacific Railroad right of way and Point of Beginning;
thence Southerly, along said right of way boundary, to a point of intersection with the South boundary of
Sec. 15;
thence East, along the South boundary, to a point on the South boundary of the John Day Highway;
thence Northeasterly, along said right of way, to a point North of the point of beginning;
thence South to the Point of Beginning.
Parcel 2A
Land in Malheur County, Oregon, as follows: Tax Lots 1400,1500 (fmly Tax Lot 3800, 3900)
In Township 17 South, Range 44 East of the Willamette Meridian:
Section 8: S1/2 NE1/4 lying North and East of the John Day Highway No. 26 right of way,
EXCEPTING THEREFROM a parcel more particularly described as follows:
Commencing at a point on the South line of the SE1/4 NE1/4 of said Section 8, 25 feet West
of the East quarter corner of said Section 8;
thence North 0° 21′ East, 374 feet;
thence South 51° 10′ West, 159 feet;
thence South 78° 50′ West, 67 feet;
thence South 50° 35′ West, 200 feet;
thence South 33° 36′ West, 131 feet;
thence North 88° 10′ West, 177 feet;
thence North 14° 40′ West, 110 feet;
thence North 77° 20′ West, 54 feet;
thence South 62° 13′ West, 188 feet;
thence North 65° 55′ West, 191 feet;
thence South 70° 09′ West, 30 feet;
thence South 35° 46′ West, 114 feet;
thence South 51° 25′ East, 34.2 feet to the South line of said SE1/4 NE1/4;
thence East, along said South line, 1088.3 feet to the Point of Beginning.
Parcel B
Land in Malheur County, Oregon, as follows:
In Twp. 17 S., R. 44 E., W. M.: Tax Lot 4000 (fmly Tax Lot 2700)
Sec. 15: a parcel of land described as follows, to-wit:
Commencing at the Southwest comer of said Sec. 15;
thence East, along the South line of said Section, 2118 feet to the Point of Beginning;
thence East, along the South line of said Section, 208.5 feet;
thence North 208.5 feet;
thence West 208.5 feet;
thence South 208.5 feet to the Point of Beginning.
Parcel C
Land in Malheur County, Oregon, as follows:
In Twp. 17 S., R. 44 E., W.M.: Tax Lots 4400, 4500 and 4900 (fmrly 5001, 5090 and 5300)
Sec. 16: That portion of the West 1/2, W1/2E1/2 and SE1/4 NE1/4 lying South and West of the State of Oregon
Highway No. 26 right of way.
EXCEPTING THEREFROM a parcel of land in the W1/2 SE1/4 of Sec. 16, Twp. 17 S., R. 44 E., W.M.,
described as follows:
Beginning at the Southeast corner of the SW1/4 SE1/4 of said Sec. 16;
thence West, coincident with the South boundary of Sec. 16, 1314.46 feet;
thence N. 29° 41′ 30″ E., 394.64 feet;
thence N. 41° 47′ 30″ E., 611.01 feet;
thence N. 14° 31′ 59″ W., 249.51 feet;
thence N. 37° 16′ 40″ E., 50.20 feet;
thence N. 28° 34′ 39″ W., 184.50 feet;
thence N. 55° 41′ 06″ E., 325.10 feet;
thence N. 40° 06′ 29″ E., 327.36 feet;
thence N. 49° 24′ 01″ E., 159.99 feet;
thence N. 57° 22′ 17″ E., 80.59 feet;
thence N. 66° 24′ 04″ E., 155.75 feet;
thence N. 50° 58′ 45″ E., 110.36 feet to a point on the East boundary of said SW1/4 SE1/4;
thence S. 01° 04′ W., coincident with the East boundary of the SW1/4 SE1/4, 1960.84 feet to
the Point of Beginning.
Parcel D
Land in Malheur County, Oregon, as follows:
In Twp. 17 S., R. 44 E., W.M.: Tax Lots 8000 and 8100 (fmrly 800 and 900)
Sec. 21: The NE1/4 NW1/4,
EXCEPTING THEREFROM that portion as conveyed to USA by Deed recorded
in Book 31, Page 257 for Lateral.
AND the N1/2 NE1/4,
EXCEPTING THEREFROM that portion as conveyed to USA by Deed recorded
in Book 31, Page 224 for Lateral.
Parcel E
Land in Malheur County, Oregon, as follows:
In Twp. 17 S., R. 44 E., W.M.: Tax Lots 10100 & 10400
Sec. 23: All lands lying East of the John Day Highway right of way in the SW1/4, W1/2 SE1/4 and
S1/2 NW1/4,
EXCEPTING THEREFROM that portion of land lying South of the Vale-Oregon Irrigation
Drain in the SW1/4 SE1/4.
AND all that portion of the NE1/4 in said Sec. 23 lying South and West of Willow Creek.
END OF PROPERTY DESCRIPTION
Publish Dates: February 28 and March 6, 13, 20, 2024.
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