IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF WALLOWA
NOTICE OF SHERIFF'S SALE
Case No. 08-12-13098
SHELL MERCANTILE COMPANY, INC., an Oregon Corporation,
RONALD M. GAY, also known as Ron Gay; CELENE T. GAY, also known as Celene Gay; RON GAY, Trustee of the R & C Gay Revocable Living Trust; CELENE GAY, Trustee of the R&C Gay Revocable Living Trust; COMMUNITY BANK, an Oregon Corporation; UNITED STATES DEPARTMENT OF TREASURY, INTERNAL REVENUE SERVICE; ALSO ALL OTHER PERSONS OR PARTIES UNKNOWN CLAIMING ANY RIGHT, TITLE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT HEREIN,
An execution issued from this court in this cause on January 28, 2010, pursuant to the General Judgment For Specific Performance of Land Sale Contract, and Security Agreement rendered and entered on December 16, 2009, in favor of SHELL MERCANTILE COMPANY, INC., an Oregon Corporation, plaintiff, and against RONALD M. GAY, also known as Ron Gay; CELENE T. GAY, also known as Celene Gay; Ron Gay, Trustee of the R & C Gay Revocable Living Trust; CELENE GAY, Trustee of the R&C Gay Revocable Living Trust; Community Bank, an Oregon Corporation, defendants. In the judgment, it was ordered that a Contract of Sale and Security Agreement be foreclosed and that a Sheriff's Sale be held to sell the real and personal property covered thereby. The execution issued pursuant to the judgment commanded me to sell the real and personal property described below to satisfy the judgment against the foregoing defendants, in the sum of TWO HUNDRED FOURTEEN THOUSAND, TWO HUNDRED THIRTY-SEVEN and 57/100 DOLLARS ($214,237.57), together with interest on that sum at the rate of 9% per annum from December 16, 2009. I will on the 9th day of March, 2010, at 10:00 a.m. in the Wallowa County Court House, 101 S. River Street in the courthouse lobby, adjacent to the west entrance in the City of Enterprise, Wallowa County, Oregon, sell at public auction (free of all redemption rights) to the highest bidder for cash, all the interest that the above-named defendants had on November 8, 1995, the date of the Contract of Sale and Security Agreement, and all the interest that defendants had thereafter, in the following described real and personal property:
Lots 9, 10, the West half of lot 11 and the West 21 inches of the East half of Lot 11, Block 17, including 1/2 interest in the East wall of the present building, Original Town of Wallowa, Wallowa County, Oregon, as shown by the plat thereof on file and of record in the office of the County Clerk of said county and state in Book G of Deeds at page 154.
SUBJECT to an apparent party wall agreement, and reciprocal duties of lateral support, as appear from the contents of that deed recorded in Book 72 of Deeds, page 265, Deed Records of the Wallowa County Clerk, Wallowa County, Oregon.
Lots 6, 7 and 8 of Block 17, Residence Addition to the Town of Wallowa, Oregon, as shown by the plat thereof on file and of record in the office of the County Clerk of Wallowa County, Oregon in Book G of Deeds at page 343 and amended in Book I of Deeds at page 128.
EXCEPTING THEREFROM the two circular metal storage buildings situate on Parcel 2.
All equipment, trade fixtures and other personal property, including inventory, used in the operation of the Shell Mercantile Store, and now situate on the real property described in Exhibit 1 to the General Judgment, including the following:
1. Hill 8-Door Upright Freezer
2. Hill 3-Deck Dairy Cooler
3. Hill 2-Deck Produce Cooler
4. Hill Coffin Freezer
5. Hill Coffin Meat Case
6. Hill 3-Deck Meat Case
7. 3-Door Wall Beer Cooler
8. 2 4-Door Pop Coolers
9. 3 3-Door Pop Coolers
10. 200 Feet Metal Shelving
11. Deli Chicken Warmer
12. Slush Machine
13. Bakery Display Case
14. Popcorn Machine
15. 12 Shopping Carts
16. Fancy Crisp Chicken Fryer
17. Super Systems Oven & Proffer
18. Biro Saw
19. Globe Slicer
20. Tec Scale
21. Wrapping Machine
22. Berkel Cuber
23. Meat Grinder
Before bidding at the sale a prospective bidder should independently investigate:
(a) The priority of the lien or interest of the judgment creditor;
(b) Land use laws and regulations applicable to the property;
(c) Approved uses for the property;
(d) Limits on farming or forest practices on the property;
(e) Rights of neighboring property owners; and
(f) Environmental laws and regulations that affect the property.
DATED this 1st day of February, 2010.
FRED STEEN, WALLOWA COUNTY SHERIFF
By Ava Skillings, Civil Deputy