BC-10361 TRUSTEES NOTICE OF SALE
BC-10361 TRUSTEES NOTICE OF SALE
BC-10361
TRUSTEES NOTICE OF SALE
Reference is made to that trust deed dated November 17, 2023, recorded December 4, 2023 as Instrument No. B23490068 in the Records of Baker County, Oregon, wherein OREGON EXCAVATING and UNDERGROUND LLC, an Oregon limited liability company, is Grantor; AMERITITLE, LLC, an Oregon limited liability company, is Trustee; and DAROLD SMITH and STEPHEN KELLER, not as tenants in common, but with right of survivorship, as Beneficiary.
The real property secured by the Trust Deed is described on Exhibit "A" attached hereto and incorporated herein by reference.
Appointment of Successor Trustee, appointing Floyd C. Vaughan as successor trustee has been recorded in Baker County records.
The undersigned hereby certifies that no other 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 or counties 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 except as permitted by ORS 86.752(7).
There is a default by the Grantor or other person owing an obligation, the performance of which is secured by the trust deed, or by the successor in interest, with respect to provisions therein which authorize sale in the event of default of such provision; the defaults for which foreclosure is made are Grantor's failure to perform certain obligations required by the Trust Deed and failure to pay when due certain payment obligations, as follows:
- Failure to pay when due the full unpaid principal balance ($751,704.50), plus accrued but unpaid interest ($60,523.34), totaling $812,229.84 due December 31, 2025.
- Failure to pay the real property taxes on the property which includes the amount of $84.31 plus unpaid interest for taxes due for 2025-2026.
By reason of the defaults just described, 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:
The principal sum of SEVEN HUNDRED FIFTY ONE THOUSAND SEVEN HUNDRED FOUR DOLLARS AND 50/100 ($751,704.50) plus interest accrued in the amount of $60,523.34 through December 31, 2025 which accrues on the unpaid principal balance at the rate of 4% per annum to the date paid in full.
Notice is hereby given that the beneficiary and trustee by reason of the default, have elected and do hereby elect to foreclose the trust deed by advertisement and sale pursuant to ORS 86.705 to 86.815, and to cause to be sold at public auction to the highest bidder for cash the interest in the described property which the Grantor had, or had to power to convey, at the time of the execution by Grantor of the trust deed, together with any interest the Grantor or Grantor's successor in interest acquired after the execution of the trust deed, to satisfy the obligations secured by the 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.
The sale will be held at the hour of 10:00 A.M. in accord with the standard of time established by ORS 187.110 on June 9, 2026 at the following place: Front Steps of the Baker County Courthouse at the Main Entrance at 1950 Third Street, Baker City, Oregon, which is the hour, date and place last set for the sale.
Other than as shown of record, neither the beneficiary nor the 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 interest 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.
WHEREFORE, notice is hereby given that the undersigned trustee will on June 9, 2026, at the hour of 10:00 o'clock, A. M., in accord with the standard of time established by ORS 187.110, on the Front Steps of the Baker County Courthouse at the Main Entrance at 1950 Third Street, Baker City, Oregon, sell at public auction to the highest bidder for cash the interest in the real property 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 86.778 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 proof that all defaults have been cured 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 86.778.
In construing this notice, 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.
Also, please be advised that pursuant to the terms stated on the Deed of Trust and Note, the beneficiary is allowed to conduct property inspections while property is in default. This shall serve as notice that the beneficiary shall be conducting property inspections on the said referenced property.
NOTICE: Without limiting the trustee's disclaimer of representation 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.
______________________
The Fair Debt Collection Practice 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 collect the outstanding indebtedness or hold you personally liable for the debt.
We are attempting to collect a debt on behalf of the beneficiary named in this Trustee's Notice of Sale (also referred to as the "creditor") and any information obtained will be used for that purpose. This debt is owed to the creditor in the amount described in the notice. Under some circumstances, you may receive more than one copy of this notice. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after your first receipt of the original or a copy of this notice, we will assume the debt to be valid. If you notify us in writing within 30 days after your first receipt of the original or a copy of this notice that the debt, or any portion thereof, is disputed, we will obtain verification of the debt of (if applicable) a copy of a judgment against you and a copy of the verification or (if applicable) the judgment will be mailed to you. We will provide you with the name and address of the original creditor, if different from the creditor named above, if you notify us in writing within 30 days after your first receipt of the original or a copy of this notice that you request such information.
EXHIBIT 'A'
A portion of the CLIMAX CONSOLIDATED QUARTZ MINING CLAIM, consisting of the CLIMAX and OREZABA lode claims, designated by the Surveyor General as Lot No. 336, embracing a portion of Township 8 South, Range 37 East of the Willamette Meridian, in the Mining District, in the County of Baker and State of Oregon, the patent therefor having been recorded December 26, 1899, in Book 35, at Page 334, Baker County Deed Records, and bounded, described and platted as follows, with magnetic variation as hereinafter stated:
BEGINNING for the descriptive of the CLIMAX lode claim at corner No. 1, a post 4 inches square marked "1-336" with mound of earth and rocks, from which the South quarter corner of Section 31, Township 8 South, Range 37 East of the Willamette Meridian, bears South 48°56' West 2147.3 feet distant, a pine 24 inches in diameter blazed and marked "H.T. 1-336 Climax Claim" bears South 68° East 24 feet distant, and a black pine blazed and marked "B.T. 1-336 Climax Claim" bears North 47° West 19 feet distant; thence first course, magnetic variation 20° East, North 50°05' East 1500 feet to corner No. 2, from which the mouth of a tunnel bears North 68° West 259 feet distant; thence second course, magnetic variation 20° East, North 39°55' West 600 feet to corner No. 3; thence third course, magnetic variation 20° East, South 50°05' West 1500 feet to corner No. 4; thence fourth course, magnetic variation 20° East, South 39°55' East 600 feet to corner No. 1, the PLACE OF BEGINNING.
Publish April 8, 15, 22, 29, 2026
BC-10361
TRUSTEES NOTICE OF SALE
Reference is made to that trust deed dated November 17, 2023, recorded December 4, 2023 as Instrument No. B23490068 in the Records of Baker County, Oregon, wherein OREGON EXCAVATING and UNDERGROUND LLC, an Oregon limited liability company, is Grantor; AMERITITLE, LLC, an Oregon limited liability company, is Trustee; and DAROLD SMITH and STEPHEN KELLER, not as tenants in common, but with right of survivorship, as Beneficiary.
The real property secured by the Trust Deed is described on Exhibit "A" attached hereto and incorporated herein by reference.
Appointment of Successor Trustee, appointing Floyd C. Vaughan as successor trustee has been recorded in Baker County records.
The undersigned hereby certifies that no other 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 or counties 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 except as permitted by ORS 86.752(7).
There is a default by the Grantor or other person owing an obligation, the performance of which is secured by the trust deed, or by the successor in interest, with respect to provisions therein which authorize sale in the event of default of such provision; the defaults for which foreclosure is made are Grantor's failure to perform certain obligations required by the Trust Deed and failure to pay when due certain payment obligations, as follows:
- Failure to pay when due the full unpaid principal balance ($751,704.50), plus accrued but unpaid interest ($60,523.34), totaling $812,229.84 due December 31, 2025.
- Failure to pay the real property taxes on the property which includes the amount of $84.31 plus unpaid interest for taxes due for 2025-2026.
By reason of the defaults just described, 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:
The principal sum of SEVEN HUNDRED FIFTY ONE THOUSAND SEVEN HUNDRED FOUR DOLLARS AND 50/100 ($751,704.50) plus interest accrued in the amount of $60,523.34 through December 31, 2025 which accrues on the unpaid principal balance at the rate of 4% per annum to the date paid in full.
Notice is hereby given that the beneficiary and trustee by reason of the default, have elected and do hereby elect to foreclose the trust deed by advertisement and sale pursuant to ORS 86.705 to 86.815, and to cause to be sold at public auction to the highest bidder for cash the interest in the described property which the Grantor had, or had to power to convey, at the time of the execution by Grantor of the trust deed, together with any interest the Grantor or Grantor's successor in interest acquired after the execution of the trust deed, to satisfy the obligations secured by the 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.
The sale will be held at the hour of 10:00 A.M. in accord with the standard of time established by ORS 187.110 on June 9, 2026 at the following place: Front Steps of the Baker County Courthouse at the Main Entrance at 1950 Third Street, Baker City, Oregon, which is the hour, date and place last set for the sale.
Other than as shown of record, neither the beneficiary nor the 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 interest 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.
WHEREFORE, notice is hereby given that the undersigned trustee will on June 9, 2026, at the hour of 10:00 o'clock, A. M., in accord with the standard of time established by ORS 187.110, on the Front Steps of the Baker County Courthouse at the Main Entrance at 1950 Third Street, Baker City, Oregon, sell at public auction to the highest bidder for cash the interest in the real property 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 86.778 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 proof that all defaults have been cured 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 86.778.
In construing this notice, 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.
Also, please be advised that pursuant to the terms stated on the Deed of Trust and Note, the beneficiary is allowed to conduct property inspections while property is in default. This shall serve as notice that the beneficiary shall be conducting property inspections on the said referenced property.
NOTICE: Without limiting the trustee's disclaimer of representation 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.
______________________
The Fair Debt Collection Practice 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 collect the outstanding indebtedness or hold you personally liable for the debt.
We are attempting to collect a debt on behalf of the beneficiary named in this Trustee's Notice of Sale (also referred to as the "creditor") and any information obtained will be used for that purpose. This debt is owed to the creditor in the amount described in the notice. Under some circumstances, you may receive more than one copy of this notice. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after your first receipt of the original or a copy of this notice, we will assume the debt to be valid. If you notify us in writing within 30 days after your first receipt of the original or a copy of this notice that the debt, or any portion thereof, is disputed, we will obtain verification of the debt of (if applicable) a copy of a judgment against you and a copy of the verification or (if applicable) the judgment will be mailed to you. We will provide you with the name and address of the original creditor, if different from the creditor named above, if you notify us in writing within 30 days after your first receipt of the original or a copy of this notice that you request such information.
EXHIBIT 'A'
A portion of the CLIMAX CONSOLIDATED QUARTZ MINING CLAIM, consisting of the CLIMAX and OREZABA lode claims, designated by the Surveyor General as Lot No. 336, embracing a portion of Township 8 South, Range 37 East of the Willamette Meridian, in the Mining District, in the County of Baker and State of Oregon, the patent therefor having been recorded December 26, 1899, in Book 35, at Page 334, Baker County Deed Records, and bounded, described and platted as follows, with magnetic variation as hereinafter stated:
BEGINNING for the descriptive of the CLIMAX lode claim at corner No. 1, a post 4 inches square marked "1-336" with mound of earth and rocks, from which the South quarter corner of Section 31, Township 8 South, Range 37 East of the Willamette Meridian, bears South 48°56' West 2147.3 feet distant, a pine 24 inches in diameter blazed and marked "H.T. 1-336 Climax Claim" bears South 68° East 24 feet distant, and a black pine blazed and marked "B.T. 1-336 Climax Claim" bears North 47° West 19 feet distant; thence first course, magnetic variation 20° East, North 50°05' East 1500 feet to corner No. 2, from which the mouth of a tunnel bears North 68° West 259 feet distant; thence second course, magnetic variation 20° East, North 39°55' West 600 feet to corner No. 3; thence third course, magnetic variation 20° East, South 50°05' West 1500 feet to corner No. 4; thence fourth course, magnetic variation 20° East, South 39°55' East 600 feet to corner No. 1, the PLACE OF BEGINNING.
Publish April 8, 15, 22, 29, 2026
Posted Online 6 days ago
Published in the East Oregonian
