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1 1CV I ffiffi{:l rifi"'./ffiil} i ;i; i. $i$ ietftr$tif{ 0uUNTy $HIRiFi:,S 0FFICI fuladm$,cnf"1 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF EFFERSON n NATIONSTAR MORTGAGE LLC dlbla CHAMPION MORTGAGE COMPANY, Plaintiff, CaseNo. 1CV WRIT OF EXECUTION t I3 t 1 t I THE ESTATE OF GERALDINE C. WHEELER MARSH; THE I.INKNOWN HEIRS, DEVISEES AND ASSIGNEES OF GERALDINE C. WHEELER MARSH; CROOKED RANCH RTVER RANCH CLUB & MAINTENANCE AS SOCIATION; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; and ALL OTHER PERSONS OR PARTIES TINKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE REAL PROPERTY COMMONLY KNOWN AS 0 SW CHANDLER RIDGE PL, TERREBONNE, or 0, 1 T 0 l 3 TO THE EFFERSON COIINTY SHERIFF: On December 13, 01, a General udgment of Foreclosure and Declaration of Amount Due by Default was entered by the EFFERSON County Circuit Court, foreclosing Plaintiff s Deed of Trust and directing that the property subject to the Deed of Trust be sold to satisfy the unpaid debt due to Plaintiff. The mailing address for the judgment creditor is: NATIONSTAR MORTGAGE LLC d/b/a CHAMPION MORTGAGE COMPANY c/o Aldridge Pite, LLP, 1l I SW Columbia St., Ste. 0, Portland, OR 01. Page 1 - WRIT OF E)GCUTION Aldridge Pite, LLP I l1 SW Columbia Street, Suite 0 Portland, OR 01 () s0,00
2 I t 13 I 1 l L 1 t 0 l The real property to be sold at public auction is commonly known as 0 SW CHANDLER RIDGE PL, TERREBONNE, or 0 ("Subject properry"), and legally described as: LOT 1, CROOKED RTVER RANCH NO. 1, RECORDED LINE, 1, IN VOLUME OF PLATS, PAGE 3-3, EFFERSON COLINTY, OREGON. The total amount due and owing on the udgment as of anuary,01; udgment: Principal $1,. Pre-udgment: Interest(S.30%,$1./day) $.3 (IlIll through lll3ll) Attorney Fees $,0.00 Costs $,1. Prevailing Party Fee $ Post-udgment: Interest(.000%,$.00/day) $1,.(IlIlIthroughllI0llg) Attorney Fees $0.00 Costs $0.00 TOTAL:,.1 In the name of the State of Oregon, you are hereby directed to proceed to notice for sale and sell the Subject Property. After the sale, you are directed to issue a certificate of sale to the purchaser and file a return on the writ of execution, depositing the sale proceeds with the Court. Further, you are directed to execute, after the time for redemption has elapsed, a deed to the holder of the certificate of sale. 3 Page - WRIT OF E)GCUTION Aldridge Pite, LLP I l1 SW Columbia Street, Suite 0 Portland, OR 01 () 0-00
3 1 By the signature of the attorney for the judgment creditor, the person that requested issuance of the Writ hereby authorizes the sheriff to continue execution under the Writ and delay making a return on the writ to a date up to days after receipt. Signed: t I3 I 1 I Presented by: ALDRIDGE PITE, LLP By: Katie Riggs, B #01 of Attorneys for udgment Creditor (s) 0-00 ( 03) - 0 (facsimile) com kosky, Trial Court Ad 1, 1 t 0 l 3 Page 3 - WRIT OF E)GCUTION Aldridge Pite, LLP 1 I I SW Columbia Street, Suite 0 Portland, OR 01 (s) 0-00
4 1 1CV F'3 L: fl :; i:i fi \,*r'ffi tlll ;r{ CI-l & f$l i ;^-i? i. Zfi'l$ EFrf; R$0 'i cfunti' $l-le[{lff',$ CIri:iiii: MAD[?A$, [1/1 "nl( IN THE CIRCUIT COURT OF THE STATE OF OREGON rfggg \ i { FOR THE COUNTY OF EFFERSON t I3 t 1 t I 1 NATIONSTAR MORTGAGE LLC d/b/a CHAMPION MORTGAGE COMPANY. Plaintiff, THE ESTATE OF GERALDINE C. WHEELER MARSH; THE I.INKNOWN HEIRS, DEVISEES AND ASSIGNEES OF GERALDINE C. WHEELER MARSH; CROOKED RANCH RIVER RANCH CLUB & MAINTENANCE AS SOCIATION; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; and ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE REAL PROPERTY COMMONLY KNOWN AS 0 SW CHANDLER RIDGE PL, TERREBONNE, op.0, CaseNo. 1CV GENERAL UDGMENT OF FORECLOSURE AND DECLARATION OF AMOUNT DUE BY DEFAULT ORCP Rule PURSUANT TO 3, THIS IS A rudgment OF FORECLOSURE AND DOES NOT CONSTITUTE A MONEY AWARD AGAINST ANY DEFENDANT I 0 I 3 Based upon the Court's Order of Default against defendants THE ESTATE OF GERALDINE C. WHEELER MARSH; THE UNKNOWN HEIRS, DEVISEES AND ASSIGNEES OF GERALDINE C. WHEELER MARSH; CROOKED RANCH RTVER RANCH CLUB & MAINTENANCE ASSOCIATION; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; and ALL OTHER PERSONS OR PARTIES LINKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE REAL PROPERTY COMMONLY KNOWN AS 0 SW CHANDLER RIDGE PL, TERREBONNE, OR 0, the records on file herein, and pursuant to the Motion for General udgment and Declaration of Page 1 _ GENERAL TIDGMENT AND DECLARATION OF AMOUNT DUE BY DEFAULT 1' I sw:1i;:.;"ol'l#1"* *o Portland, OR 01 (s) 0-00
5 1 Amount Due by Default by Plaintiff NATIONSTAR MORTGAGE LLC dlbla CHAMPION MORTGAGE COMPANY ("Plaintifl'), IT IS HEREBY ADUDGED: 1. Plaintiff s security interest in the real property located at 0 SW CHANDLER RIDGE PL, TERREBONNE, OR0 ("Subject Property"), as evidenced by the Deed of Trust recorded March 3I,00 in the official records of EFFERSON County as instrument number ("Deed of Trust"), is a viable first priority lien, superior to the interests of all the Defendants. All rights, claims, ownerships, liens, titles and demands of all Defendants are t t3 T 1 t I 1 T 0 l 3 subsequent to Plaintifls lien as created by the Note and Deed of Trust. The Subject Property is legally described as follows: See attached - Exhibit. The Deed of Trust is foreclosed and upon entry of this udgment the court administrator shall upon request of Plaintiff issue a writ of execution for the sale, by the Sheriff, in the manner provided by law; 3. Plaintiff has submitted a Declaration of Amount Due and is owed the total amount due under the Note and Deed of Trust and any future advances and/or fees that may be made or incurred pursuant to the terms of the Note and Deed of Trust up to the date of the execution sale. This amount is to be satisfied by sale of the Subject Property as directed under this udgment;. Plaintiff is owed reasonable attomey fees plus the remaining flat rate fees for an uncontested execution on the udgment, pursuant to the Note and Deed of Trust and ORCP Rule (C), which amount may be added to the outstanding obligation due and owing under the Note and Deed of Trust and recovered from the proceeds of the sheriffs sale. Pursuant to the Deed of Trust, these fees continue to accrue to the date of the execution sale. This amount to be satisfied by sale of the Subject Property as directed under this udgment;. Plaintiff is owed costs of suit pursuant to the Note and Deed of Trust, ORCP Rule (AX) and ORS 0.(), which may be added to the outstanding obligation due and owing PAge - GENERAL UDGMENT AND DECLARATION OF AMOUNT DUE BY DEFALILT,,, r*t'i#o","nxl'#,n" nro Portland, OR 01 (s) 0-00
6 1 under the Note and Deed of Trust and recovered from the proceeds of the sheriff s sale. Pursuant to the Deed of Trust, these costs continue to accrue to the date of the execution sale. This amount to be satisfied by sale of the Subject Property as directed under this udgment;. Plaintiff is owed the prevailing party fee of $300.00, this amount to be satisfied by sale of the Subject Property as directed under this udgment.. The Sheriff shall make a return on the writ of execution to the court administrator along with the proceeds of the sale, if any. The proceeds of the sale, if any, shall be applied first toward the costs of the sale; then toward the satisfaction of Plaintiffs udgment of Foreclosure awarded herein; and the surplus, if any, to the clerk of the court to be distributed to such party or parties as may establish their right thereto. The Defendants and all persons claiming through or under Defendants, whether lien claimants, judgment creditors, claimants arising under junior T t3 1 mortgages or deeds of trust, purchasers, encumbrances or otherwise, shall be barred and foreclosed from all rights, claims, interest or equity of redemption in the Subject Property and every part of the Subject Property when the time for redemption has elapsed; 1 L l 1 T. Plaintiff or any other party to this action may become a purchaser at the foreclosure sale, and such purchaser shall be immediately let into possession of the subject property, until redemption of the property, if any. The purchaser at the foreclosure sale or any successor in interest may apply to this Court for a writ of assistance to gain possession of the subject property if Defendants or any other party or person refuses to surrender possession; 0 l 3 Page 3 _ GENERAL UDGMENT AND DECLARATION OF AMOUNT DUE BYDEFATILT Aldridge Pite, LLP 1 I I SW Columbia Street, Suite 0 Portland, OR 01 (s) s0-00
7 1 DECLARATION OF AMOLTNT DUE BY DEFAULT a SISA ONEY A AND D I 13 I 1 t l 1 t 0 t 3 1. The total amount of the unpaid principal balance, interest, and other amounts owed is $1,... Simple interest at the variable rate currently at.30% (1. per diem) after II/30/01, through the date ofjudgment. 3. Attorney fees of $,0.00, plus $0.00, through the date of sale.. Costs of $,1., plus costs accrued through the date of sale.. Prevailing party fee: $ Post-judgment interest thereafter on the total judgment amount above, #1-, at the contract rate of interest or.000yo per annum, whichever is greater, through the date of sale. IT IS SO ADUDGED Signedi 1h1 1i1 PM O*nHilh* CERTIFICATE sf"fr f.aillll{,fssrt court udse This proposed Order or udgment is ready for judicial signature because: 1. n Each party affected by this order or judgment has stipulated to the order or judgment, as shown by each party's signature on the document being submitted.. n Each party affected by this order or judgment has approved the order or judgment, as shown by each party's signature on the document being submitted or by written confirmation of approval sent to me. 3. n I have served a copy of this order or judgment on all parties entitled to service and: a. E No objection has been served on me; b. tr I received objections that I could not resolve with a party despite reasonable efforts to do so. I have filed a copy of the objections I received and indicated which objections remain unresolved. Page - GENERAT UDGMENT AND DECLARATION OF AMOUNT DUE BY DEFAULT Aldridge Pite, LLP I 1l SW Columbia Street, Suite 0 Portland, OR 01 () s0-00
8 1 c. n After conferring about objections, I role and name of objecting partyl agreed to independently file any remaining objection.. x Service is not required pursuant to subsection (3) of this rule, or by statute, rule, or otherwise.. tr This is aproposed judgmentthat includes an award of punitive damages and notice has been served on the Director of the Crime Victims'Assistance Section as required by subsection () of this rule.. nother: Presented By: ALDRIDGE PITE, LLP t 13 Katie Riggs (OSB # 01) (s) s0-00 (1) 3-30 kriggs@ aldridgepite. com Date: 1tt01 t 1 SW Columbia Street, Suite 0 Portland, OR 01 1 Of Attomeys for Plaintiff t l 1 t 0 l 3 Page - GENERAL UDGMENT AND DECLARATION OF AMOUNT DUE BY DEFAULT Aldridge Pite, LLP I SW Columbia Street, Suite 0 Portland, OR 01 (s) 0-00
9 Exhibit - Legal Description Lot 1, Crooked River Ranch No. 1, recorded une, 1, in Volume of Plats, Page 3-3, efferson County, Oregon.
10 IN THE CIRCUIT COURT OF THE STATE OF OREGON EFFERSON COUNTY NATIONSTAR MORTGAGE LLC DIB/A CHAMPION MORTGAGE COMPANY, Plaintiff/s, Case No.: 1CVll CHALLENGE TO EXECUTION THE ESTATE OF GERALDINE C. WHEELER MARSH;THE UNKNOWN HEIRS. DEVISEES AND ASSIGNEES OF GERALDINE C. WHEELER MARSH; CROOKED RANCH RIVER RANCH CLUB & MAINTENANCE ASSOCIATION; SECRETARY OF HOUSING AND URBAN DEVELOPMENT; AND ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGI'IT, TITLE, LIEN, OR INTEREST'IN THE REAL PROPERTY COMMONLY I(NOWN AS 0 SW CHANDLER RIDCE PL,. TERREBONNE. OR 0, Defendant/s. THIS FORM MAY BE USED BY THE DEBTOR ONLY FOR THE FOLLOWING PURPOSE,S: (1) To claim such exemptions from execution as are permitted by law. () To assert that the amount specified in the writ of execution as being subject to execution is greater than the total amount owed. THIS FORM MAY BE USED BY PERSONS OTHER THAN THE DEBTOR ONLY TO CLAIM AN TNTEREST IN THE PROPERTY THAT IS TO BE SOLD ON EXECUTION DEBT THIS FORM MAY NOT BE USED TO CHALLENGE THE VALIDITY OF THE, I/We claim that the following described property or money is exempt from execution I/We believe this property is exempt from execution because (the Notice of Exempt Property at the end of this form describes most types of property that you can claim as exempt from execution) I am a person other than the Debtor and I have the following interest in the property Name Name
11 Signature Address Signature Address Telephone Number Telephone Number (required):_ (required) YOU MUST ACT PROMPTLY IF YOU WANT TO GET YOUR MONEY OR PROPERTY BACK. You may seek to reclaim your exempt property by doing the following: (1) Fill out the Challenge to Execution form that you received with this notice. () Mail or deliver the Challenge to Execution form to the court administrator at the address shown on the writ of execution. (3) Mail or deliver a copy of the Challenge to Execution form to the judgment creditor at the address shown on the writ of execution. You should be prepared to explain your exemption in court. If you have any questions about the execution or debt, you should see an attorney. YOU MAY USE THE CHALLENGE TO EXECUTION FORM ONLY FOR THE FOLLOWING PURPOSES: (1) To claim such exemptions from execution as are permitted by law. () To assert that the amount specified in the writ of execution as being subject to execution is greater than the total amount owed. YOU MAY NOT USE THE CHALLENGE TO EXECUTION FORM TO CHALLENGE THE VALIDITY OF THE DEBT. IF YOU CLAIM AN EXEMPTION IN BAD FAITH, YOU MAY BE SUBECT TO PENALTIES IMPOSED BY THE COURT THAT COULD INCLUDE, A FINE. Penalties that you could be subject to are listed in ORS 1.. NOTICE OF EXEMPT PROPERTY Property belonging to you may have been taken or held in order to satisfy a debt. The debt may be reflected in ajudgment or in a warrant or order issued by a state agency. Important legal papers are enclosed. YOU MAY BE ABLE TO GET YOUR PROPERTY BACK, SO READ THIS NOTICE CAREFULLY State and federal law specify that certain property may not be taken. Some ofthe property that you may be able to get back is listed below. (l) Wages or a salary as described in ORS 1.3 and 1.3. Whichever of the following amounts is less: (a) percent ofyour take-home wages; or (b) $Z t A per workweek. () Sociat Security benefits. (3) Supplemental Security Income (SSI). () Public assistance (welfare). () Unemployment benefits. () Disability benefits (other than SSI benefits).
12 () Workers' compensation benefits. () All Social Security Benefits and Supplemental Security Income benefits, and up to $,00 in exempt wages, retirement benefits, welfare, unemployment benefits and disability benefits, that are held in a bank account. () Spousal support, child support or separate maintenance to the extent reasonably necessary for your support or the support of any of your dependents. () A homestead (house, manufactured dwelling or floating home) occupied by you, or occupied by your spouse, parent or child. Up to $0,000 of the value of the homestead is exempt. If you jointly own the homestead with another person who is also liable on the debt, up to $0,000 of the value of the homestead is exempt. ( I I ) Proceeds from the sale of a homestead described in item, up to the limits described in item I 0, if you hold the proceeds for less than one year and intend to use those proceeds to procure another homestead. (1) Household goods, fumiture, radios, a television set and utensils with a combined value not to exceed $3,000. *(13) An automobile, truck, trailer or other vehicle with a value not to exceed $3,000. *(1) Tools, implements, apparatus, team, harness or library that are necessary to carry on your occupation, with a combined value not to exceed $,000. *(1) Books, pictures and musical instruments with a combined value not to exceed $00. *(1) Wearing apparel, jewelry and other personal items with a combined value not to exceed $1,00. (1) Domestic animals and poultry for family use with a combined value not to exceed $1,000 and their food for 0 days. (1) Provisions and fuel for your family for 0 days. (1) One rifle or shotgun and one pistol. The combined value of all firearms claimed as exempt may not exceed $1,000. (0) Public or private pensions. (1) Veterans'benefits and loans. () Medical assistance benefits. (3) Health insurance proceeds and disability proceeds of life insurance policies. () Cash surrender value oflife insurance policies not payable to your estate. () Federal annuities. () Other annuities to $0 per month (excess over $0 per month is subject to the same exemption as wages). () Professionally prescribed health aids for you or any ofyour dependents. *() Elderly rental assistance allowed pursuant to ORS 3.3. *() Your right to receive, or property traceable to: *(a) An award under any crime victim reparation law. *(b) A payment or payments, not exceeding a total of$,000, on account ofpersonal bodily injury suffered by you or an individual ofwhom you are a dependent. *(c) A payment in compensation of loss of future earnings of you or an individual of whom you are or were a dependent, to the extent reasonably necessary for your support and the support of any of your dependents. (30) Amounts paid to you as an earned income tax credit under federal tax law. (3 I ) Your right to the assets held in, or right to receive payments under, a medical savings account or health savings account authorized under section 0 or 3 ofthe Intemal Revenue Code. (3) Interest in personal property to the value of$00, but this cannot be used to increase the amount ofany other exemption. (33) Equitable interests in property. Note: If two or more people in your household owe the claim or judgment, each of them may claim the exemptions marked by an asterisk (*). SPECIAL RULES APPLY FOR DEBTS THAT ARE OWED FOR CHILD SUPPORT AND SPOUSAL SUPPORT. Some property that may not otherwise be taken for payment against the debt may be taken to pay for overdue support. For instance, Social Security benefits, workers' compensation benefits, unemployment benefits, veterans' benefits and pensions are normally exempt, but only percent ofa lump sum payment ofthese benefits is exempt if the debt is owed for a support obligation.
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S.B. SENATE BILL NO. SENATOR ROBERSON (BY REQUEST) MARCH, 0 Referred to Committee on Judiciary SUMMARY Revises provisions relating to property exempt from execution. (BDR -) FISCAL NOTE: Effect on Local
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