TRUSTEE'S NOTICE OF SALE, NOTICE OF DEFAULT AND ELECTION TO SELL
The Successor Trustee under the terms of the Trust Deed described herein, at the direction of the Beneficiary, hereby gives notice of sale, default, and elects to sell the property described in the Trust Deed to satisfy the obligations secured thereby. Pursuant to ORS Chapter 86, the following information is provided:
PARTIES:
Grantor: Danny Swearingen
Original Trustee: First American Title Company of Oregon
Successor Trustee: James A. Gardner, Gardner Beckley Meadows, LLC,
975 Oak Street, Suite 625, Eugene, OR 97401
Beneficiary: Steve Kim
Original Beneficiary: Donald A. Gardner and Linda C. Gardner, Husband and Wife with Rights of Survivorship
Installment Note: $79,500.00
Current Occupant: Danny Swearingen, 2289 Bennett Creek Road, Cottage Grove, OR 97424
DESCRIPTION OF PROPERTY: The real property is legally described as follows:
Beginning at a point North 329.0 feet and East 635.5 feet from the Southwest corner of the North half of the Southwest quarter of the Southwest quarter of Section 17, Township 20 South, Range 3 West of the Willamette Meridian; thence East 706.5 feet; thence South 16.0 feet; thence West 416.5 feet; thence South 39.0 feet; thence West 110 feet; thence South 174.0 feet; thence West 180.0 feet; thence North 229.0 feet to the place of beginning, in Lane County, Oregon.
Note: This legal Description was created prior to January 1, 2008.
Otherwise known as: 2289 Bennett Creek Road, Cottage Grove, OR 97424
RECORDING: The Trust Deed was recorded as follows: Date Recorded: August 14, 2015, as Reception No. 2015-041066 of the Records of Lane County, Oregon; and Assignment of the Beneficial Interest under said Trust Deed or Assignment of Trust Deed by Beneficiary was recorded as follows: Date Recorded: December 30, 2015, as Reception No. 2015-062860 of the Records of Lane County, Oregon (herein collectively "Trust Deed"); Trustee's Notice of Sale, Notice of Default and Election to Sell was recorded as follows: dated May 4, 2026, recorded May 4, 2026, as Reception No. 2026-014352.
DEFAULT: The Grantor is in default and the Beneficiary has declared all sums due pursuant to the terms of that promissory note dated August 11 2015, in the principal amount of $79,500 with interest at the rate of five percent (5%) per annum from August 14, 2015, until paid, with principal and interest payable in installment of not less than $750; each payment made shall be applied first to accumulated interest and the balance of principal; with the first installment payment due on September 15, 2015, and like payment on the 15th day of the month thereafter and continuing until March 15, 2027, when the entire unpaid principal balance plus accrued interest is due and payable, if which the entire balance of which is presently due and owing, and beneficiary and successor trustee have elected to foreclose the Trust Deed because of the following: (1) failure to pay principal and interest amounts in the sum of $33,102.23 from September 2025 to April 30, 2026; (3) failure to pay late fees in the sum of $175; and (4) failure to pay $1,232.33 in taxes on Lane County Tax Account No.: 0938595 for tax years 2022-23, 2023-24, 2024-25, for a total sum of $34,509.66.
AMOUNT DUE: By reason of the default just described, the Beneficiary has declared and does hereby declare all sums owing on the obligations secured by the trust deed immediately due and payable, those sums being the following, to-wit: principal amount, plus interest, at a rate of 5% per annum, until fully paid, in the sum of $34,509.66, plus title expenses, insurance, costs, trustee fees, attorney fees and any other cost advances made by Beneficiary to protect his interest in the said real property pursuant to the terms of the said trust deed, including but not limited to attorney fees and costs incurred in defending and protecting Beneficiary's interest in the said real property against claims by third parties.
ELECTION TO SELL: The Successor Trustee hereby elects to sell the property to satisfy the obligations secured by the Trust Deed.
TIME AND PLACE OF SALE:
Date: October 15, 2026
Time: 10:00 a.m.
Place: Main Entrance to Lane County Courthouse, 125 E. 8th Ave., Eugene, Oregon 97401
RIGHT TO REINSTATE: The right exists under ORS 86.778 to have the proceeding dismissed and the trust deed reinstated by paying the entire amount then due, together with costs, trustee's fees and attorney fees, and by curing any other default complained of in the notice of default, at any time this is not later than five days before the date last set for the sale.
Dated: June 2, 2026 s/ James A. Gardner
James A. Gardner, Successor Trustee
975 Oak Street, Suite 625, Eugene, Oregon 97401
Phone: (541)687-9001
June 9, 16, 23, 30 2026
LEUG0531703