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NOTICE OF DEFAULT AND ELECTION TO SELL
NOTICE OF DEFAULT AND ELECTION TO SELL
Reference is made to that certain Deed of Trust made by MICHAEL W. COBLE AND JESSICA L. COBLE, AS TENANTS BY THE ENTIRETY, as grantor, FIRST AMERICAN TITLE, as trustee, and MORRIS FRUITMAN AND NANCY FRUITMAN, TRUSTEES OF THE FRUITMAN LIVING TRUST, as beneficiary, dated JULY 15, 2022, and recorded JULY 22, 2022, as Document No. 2022-023123 of the Official Records of Jackson County, Oregon, covering the following described real property and improvements generally located at 580 RAGSDALE ROAD, TRAIL, OREGON 97541 , and legally described as follows:
PARCEL 1, AS SHOWN ON THE PARTITION PLAT FILED IN THE OFFICE OF THE JACKSON COUNTY OREGON SURVEYOR AS NO. 14113, AND RECORDED AS PARTITION PLAT NO. P-75-1994 OF "RECORD OF PARTITION PLATS" IN JACKSON COUNTY, OREGON.
The undersigned hereby certifies that no assignments of the trust deed by the Trustee or by the Beneficiary and no appointments of a Successor Trustee have been made except as recorded in the mortgage records of the county in which the above described real property is situated. Further, that no action has been instituted to recover the debt, or any part thereof, now remaining secured by the trust deed, or, if such action has been instituted, such action has been dismissed.
There is a default by the grantor or other person owing an obligation, the performance of which is secured by said trust deed, with respect to provisions therein which authorize sale in the event of default of such provision; the default for which foreclosure is made is grantor's failure to pay the entire balance of principal and interest on or before August 31, 2024.
By reason of said default, 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:
The outstanding principal balance of $607,441.43 plus interest there on at the 5% per annum from October 10, 2024, until paid in full, plus all accrued late charges thereon, all trustee's fees, foreclosure costs, and any sums advanced by the Beneficiary pursuant to the terms of the trust deed.
Notice hereby is given that the beneficiary and trustee, by reason of said default, have elected and do hereby elect to foreclose said trust deed by advertisement and sale pursuant to Oregon Revised Statutes Sections 86.705 to 86.815, and to cause to be sold at public auction to the highest bidder for cash the interest in the said described property which the grantor had, or had the power to convey, at the time of the execution by grantor of the trust deed, together with any interest the grantor or grantor's successors in interest acquired after the execution of the trust deed, to satisfy the obligations secured by said trust deed and the expenses of the sale, including the compensation of the trustee as provided by law, and the reasonable fees of trustee's attorneys.
Said sale will be held at the hour of 10:00 a.m., as established by Section 187.110 of Oregon Revised Statutes on July 29, 2025, at the following place: front lobby of Brophy Schmor LLP, 201 West Main Street, 5th Floor, Medford, Oregon, 97501, which is the hour, date and place fixed by the Trustee for said sale.
Other than as shown of record, neither the said beneficiary nor the said trustee has any actual notice of any person having or claiming to have any lien upon or interest in the real property hereinabove described subsequent to the interests of the Trustee in the trust deed, or of any successor in interest to the Grantor or of any lessee or other person in possession of or occupying the property.
Notice is further given that any person named in ORS 86.778 has the right, at any time that is not later than five days before the trustee conducts the sale, to have this foreclosure proceeding dismissed and the trust deed reinstated by paying to the beneficiary of the entire amount due at the time of cure under the terms of the obligation (other than such portion 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 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 attorneys' fees not exceeding the amounts provided by said ORS 86.778.
Without limiting the trustee's disclaimer of representations and 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.
June 7, 14, 21 & 28, 2025
Reference is made to that certain Deed of Trust made by MICHAEL W. COBLE AND JESSICA L. COBLE, AS TENANTS BY THE ENTIRETY, as grantor, FIRST AMERICAN TITLE, as trustee, and MORRIS FRUITMAN AND NANCY FRUITMAN, TRUSTEES OF THE FRUITMAN LIVING TRUST, as beneficiary, dated JULY 15, 2022, and recorded JULY 22, 2022, as Document No. 2022-023123 of the Official Records of Jackson County, Oregon, covering the following described real property and improvements generally located at 580 RAGSDALE ROAD, TRAIL, OREGON 97541 , and legally described as follows:
PARCEL 1, AS SHOWN ON THE PARTITION PLAT FILED IN THE OFFICE OF THE JACKSON COUNTY OREGON SURVEYOR AS NO. 14113, AND RECORDED AS PARTITION PLAT NO. P-75-1994 OF "RECORD OF PARTITION PLATS" IN JACKSON COUNTY, OREGON.
The undersigned hereby certifies that no assignments of the trust deed by the Trustee or by the Beneficiary and no appointments of a Successor Trustee have been made except as recorded in the mortgage records of the county in which the above described real property is situated. Further, that no action has been instituted to recover the debt, or any part thereof, now remaining secured by the trust deed, or, if such action has been instituted, such action has been dismissed.
There is a default by the grantor or other person owing an obligation, the performance of which is secured by said trust deed, with respect to provisions therein which authorize sale in the event of default of such provision; the default for which foreclosure is made is grantor's failure to pay the entire balance of principal and interest on or before August 31, 2024.
By reason of said default, 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:
The outstanding principal balance of $607,441.43 plus interest there on at the 5% per annum from October 10, 2024, until paid in full, plus all accrued late charges thereon, all trustee's fees, foreclosure costs, and any sums advanced by the Beneficiary pursuant to the terms of the trust deed.
Notice hereby is given that the beneficiary and trustee, by reason of said default, have elected and do hereby elect to foreclose said trust deed by advertisement and sale pursuant to Oregon Revised Statutes Sections 86.705 to 86.815, and to cause to be sold at public auction to the highest bidder for cash the interest in the said described property which the grantor had, or had the power to convey, at the time of the execution by grantor of the trust deed, together with any interest the grantor or grantor's successors in interest acquired after the execution of the trust deed, to satisfy the obligations secured by said trust deed and the expenses of the sale, including the compensation of the trustee as provided by law, and the reasonable fees of trustee's attorneys.
Said sale will be held at the hour of 10:00 a.m., as established by Section 187.110 of Oregon Revised Statutes on July 29, 2025, at the following place: front lobby of Brophy Schmor LLP, 201 West Main Street, 5th Floor, Medford, Oregon, 97501, which is the hour, date and place fixed by the Trustee for said sale.
Other than as shown of record, neither the said beneficiary nor the said trustee has any actual notice of any person having or claiming to have any lien upon or interest in the real property hereinabove described subsequent to the interests of the Trustee in the trust deed, or of any successor in interest to the Grantor or of any lessee or other person in possession of or occupying the property.
Notice is further given that any person named in ORS 86.778 has the right, at any time that is not later than five days before the trustee conducts the sale, to have this foreclosure proceeding dismissed and the trust deed reinstated by paying to the beneficiary of the entire amount due at the time of cure under the terms of the obligation (other than such portion 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 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 attorneys' fees not exceeding the amounts provided by said ORS 86.778.
Without limiting the trustee's disclaimer of representations and 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.
June 7, 14, 21 & 28, 2025
Posted Online 43 weeks ago
Published in the Rogue Valley Times
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