Issue link: https://www.epageflip.net/i/13041
Wednesday, July 7, 2010 – Daily News – 5B Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices LEGAL NOTICE 4310-40 DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLCAN06000.L58740000.EU0000.L XSS07B0000; CACA 49822, CACA 49823, and CACA 49824] Notice of Realty Action: Compet- itive Sale of Public Lands in Tehama County, California AGENCY: Bureau of Land Man- agement, Interior. ACTION: Notice of Realty Action. SUMMARY: The Bureau of Land Management (BLM) proposes to sell three parcels of public land totaling approximately 243.82 acres in Tehama County, Califor- nia. The sale will be subject to the Federal Land Policy and Management Act of 1976 (FLPMA), and BLM land sale and mineral conveyance regulations. The sales will be conducted as a competitive bid auction in which interested bidders must submit written sealed bids equal to, or greater than, the appraised fair market value of the land. Bid- ders who submit written sealed bids will have the opportunity to increase their bids in a silent auction to be held after BLM opens all written sealed bids. DATES: Comments regarding the proposed sales must be re- ceived by the BLM on or before August 9, 2010. Sealed bids must be received no later than 3 p.m., Pacific Standard Time, Au- gust 23, 2010. The BLM will open the sealed bids and allow sup- plemental bidding in a silent auction on August 23, 2010, which will be the sale date. Oth- er deadline dates for payments are specified in the "SUPPLE- MENTARY INFORMATION" sec- tion of this notice. ADDRESSES: Written comments concerning the proposed sale should be sent to the Field Man- ager, BLM Redding Field Office, 355 Hemsted Drive, Redding, California 96002. Sealed bids must also be submitted to this address. Supplemental bidding in the silent auction will be con- ducted at this address. Addi- tional information including bid forms, times, and bidding proce- dures will be available in an In- vitation for Bids available from the BLM Redding Field Office. FOR FURTHER INFORMATION CONTACT: Ilene Emry, Realty Specialist (530) 224-2122 or via e- mail at Ilene_Emry@ca.blm.gov. SUPPLEMENTARY INFORMATION: The following public lands are proposed for competitive sale in accordance with Sections 203 and 209 of FLPMA (43 U.S.C. 1713 and 1719): Mount Diablo Meridian Parcel 1: T. 27 N., R. 2 W., sec. 4, S1/2SW1/4, 80 acres. Parcel 2: T. 27 N., R. 2 W., sec. 4, SE1/4SE1/4, 40 acres. Parcel 3: T. 27 N., R. 2 W., sec. 8, lot 1, N½NE¼, 123.82 acres. The public lands are identified as suitable for disposal in the BLM’s 1993 Redding Resource Management Plan, as amended, because they are isolated and scattered, and difficult and un- economic to manage as part of the public lands. In addition, they are not needed for any Fed- eral purpose. On December 15, 2008, the lands described above were segregat- ed from appropriation under the public land laws, including the mining laws, except the sale provisions of FLPMA. Until com- pletion of the sale, the BLM is no longer accepting land use appli- cations affecting the identified public land, except applications for the amendment of previously-filed right-of-way ap- plications or existing authoriza- tions to increase the term of the grants in accordance with 43 CFR 2807.15 and 2886.15. The segregative effect will terminate on December 15, 2010, upon is- suance of a patent, or publica- tion in the Federal Register of a termination of the segregation, unless extended by the BLM State Director in accordance with 43 CFR 2711.1-2(d) prior to the termination date. Proceeds from the sale will be deposited into the Federal Land Disposal Account, pursuant to the Feder- al Land Transaction Facilitation Act of July 25, 2000. The lands identified for sale are considered to have no known mineral value except for oil and gas, which will be reserved to the United States. With the ex- ception of oil and gas, the pro- posed sale would include the conveyance of both the surface interests and remaining mineral interests of the United States. Any patent issued will contain the following numbered reserva- tions, covenants, terms and con- ditions: 1. All parcels will be conveyed with a reservation of a right-of- way to the United States for ditches and canals constructed by authority of the United States under the Act of August 30, 1890 (43 U.S.C 945) and a reservation of all oil and gas to the United States together with the right to prospect for, mine, and remove such oil and gas resources un- der applicable law and any reg- ulations as the Secretary of the Interior may prescribe, along with all necessary access and exit rights. 2. All parcels will be conveyed subject to valid existing rights. Parcels may be subject to appli- cations for rights-of-way re- ceived prior to publication of this Notice if processing the ap- plication would not adversely affect the marketability or ap- praised value of a parcel. En- cumbrances of record, appear- ing in the BLM public files for the parcels proposed for sale, are available for review at the BLM Redding Field Office. 3. No warranty of any kind, ex- press or implied, is given by the United States as to the title, physical condition or potential uses of the lands proposed for sale; and the conveyance of any parcel will not be on a contin- gency basis. To the extent re- quired by law, all such parcels are subject to the requirements of Section 120(h) of the Compre- hensive Environmental Re- sponse Compensation and Lia- bility Act, as amended (42 U.S.C 9620(h)). 4. All purchasers/patentees, by accepting a patent, covenant and agree to indemnify, defend and hold the United States harmless from any costs, dam- ages, claims, causes of action, penalties, fines, liabilities, and judgments of any kind or nature arising from the past, present, and future acts or omissions of the patentees or their employ- ees, agents, contractors, or lessees, or any third-party, aris- ing out of or in connection with the patentees use, occupancy, or operations on the patented real property. This indemnifica- tion and hold harmless agree- ment includes, but is not limited to, acts and omissions of the dh i l patentees and their employees, agents, contractors, or lessees, or any third party, arising out of or in connection with the use and/or occupancy of the patent- ed real property which has al- ready resulted or does hereafter result in: (1) Violations of Feder- al, state, and local laws and reg- ulations that are now or may in the future become applicable to the real property; (2) Judg- ments, claims or demands of any kind assessed against the United States; (3) Costs, expens- es, or damages of any kind in- curred by the United States; (4) Releases or threatened releases of solid or hazardous waste(s) and/or , substances(s), as defined by Federal or state environmental laws, off, on, into or under land, property and other interest of the United States; (5) Activities by which solids or hazardous substances or waste, as defined by Federal and state environ- mental laws are generated, re- leased, stored, used or other- wise disposed of on the patent- ed real property, and any clean- up response, remedial action or other actions related in any manner to said solid or hazard- ous substances or wastes; or (6) Natural resource damages as defined by Federal and state law. This covenant shall be con- strued as running with the par- cel of land patented or other- wise conveyed by the United States, and may be enforced by the United States in a court of competent jurisdiction. Interested bidders are advised to obtain an Invitation For Bids (IFB) from the BLM Redding Field Office at the address above or by calling (530) 224-2100. Inter- ested bidders must follow the instructions in the IFB to partici- pate in the bidding process. In- terested bidders may submit sealed bids for one or more par- cels, but a separate sealed bid must be submitted for each par- cel. Sealed bids must be for not less than the federally approved fair market value. Each sealed bid must include a certified check, money order, bank draft, or cashier’s check made paya- ble in U.S. dollars to the order of the Bureau of Land Manage- ment, for 10 percent of the amount of the bid. Bidders who have properly submitted sealed bids will have the opportunity to submit supplemental written bids in a silent auction at the BLM Redding Field Office on Au- gust 23, 2010. Interested bidders wishing to submit a supplemen- tal bid for a parcel must have properly submitted a sealed bid for the parcel and be present at the silent auction. The first sup- plemental bid for any parcel in the silent auction must be at least $2,000 more than the high- est sealed bid accepted by the BLM and each subsequent sup- plemental bid must be at least $2,000 more than the previous bid. The BLM reserves the right to increase the required bid in- crement at any time. The high- est supplemental bid submitted during the silent auction will be declared the high bid and the high bidder must immediately submit an additional payment to the BLM which, when added to the bid deposit submitted with the bidders sealed bid, equals at least 20 percent of the amount of the bid. If no supplemental bids are submitted for a parcel during the silent auction, the highest sealed bid for the parcel will be declared the high bid and the high bidder will receive writ- ten notice. If no supplemental bids are submitted for a parcel during the silent auction and more than one sealed bid is sub- mitted for the same high bid amount, the high bidders will be notified and allowed to submit additional sealed bids. The highest qualifying bid for any parcel will be declared the high bid and the high bidder will re- ceive written notice. The re- mainder of the full bid price for each parcel must be paid within 180 calendar days of the sale date in the form of a certified check, money order, bank draft, or cashier’s check made paya- ble in U.S. dollars to the Bureau of Land Management. Personal checks will not be accepted. Failure to pay the full price with- in the 180 days will disqualify the apparent high bidder and cause the entire bid deposit to be forfeited to the BLM. A bid to purchase the land will consti- tute an application for convey- ance of the mineral interests of no known value, excluding oil and gas, and in conjunction with the final payment, the high bid- der for the parcel will be re- quired to pay a $50 non- refundable filing fee for proc- essing the conveyance of the mineral interests. The BLM will return checks sub- mitted by unsuccessful bidders by U.S. mail or in person on the day of the sale. The BLM may accept or reject any or all offers, or withdraw any parcel of land or interest therein from sale, if, in the opin- ion of the BLM authorized offi- cer, consummation of the sale would not be fully consistent with FLPMA or other applicable law or is determined to not be in the public interest. Under Federal law, the public lands may only be conveyed to U.S. citizens 18 years of age or older; a corporation subject to the laws of any State or of the United States; a State, State in- strumentality, or political subdi- vision authorized to hold prop- erty, or an entity legally capable of conveying and holding lands under the laws of the State of California. Certification of quali- fications, including citizenship or corporation or partnership, must accompany the sealed bid. The BLM reserves the right to re- quire proof of the high bidder’s qualifications to acquire public land. hazardous Additional Information: If not sold, any parcel described in this Notice may be identified for sale later without further legal notice. Unsold parcels may be offered for sale by sealed bid, internet auction, or oral auction. In order to determine the value, through appraisal, of the parcels of land proposed to be sold, cer- tain extraordinary assumptions may have been made of the at- tributes and limitations of the lands and potential effects of lo- cal regulations and policies on potential future land uses. Through publication of this No- tice, the BLM gives notice that these assumptions may not be endorsed or approved by units of local government. It is the buyer’s responsibility to be aware of all applicable local government policies, laws, and regulations that would affect the subject lands, including any required dedication of lands for public uses. It is also the buy- ibili b py er’s responsibility to be aware of existing or projected uses of nearby properties. When con- veyed out of Federal ownership, the lands will be subject to any applicable approvals by the respective unit of local government for pro- posed future uses, and any such reviews and approvals will be the responsibility of the buyer. Any land lacking access from a public road or highway will be conveyed as such, and future access acquisition will be the re- sponsibility of the buyer. Detailed information concerning the proposed land sales, includ- ing the appraisal, planning and environmental documents, and a mineral report, are available for review at the location identi- fied in "ADDRESSES" section above. Public comments regarding the proposed sales may be submit- ted in writing to the attention of the BLM Redding Field Manager (see "ADDRESSES" section above) on or before August 9, 2010. Comments received in electronic form, such as e-mail or facsimile, will not be consid- ered. Any adverse comments regarding the proposed sale will be reviewed by the BLM State Director or other authorized offi- cial of the Department of the In- terior, who may sustain, vacate, or modify this realty action in whole or in part. In the absence of timely filed objections, this realty action will become the fi- nal determination of the Depart- ment of the Interior. Before in- cluding your address, phone number, e-mail address, or oth- er personal identifying informa- tion in your comment, you should be aware that your entire comment-including your per- sonal identifying information- may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying infor- mation from public review, we cannot guarantee that we will be able to do so. Authority: 43 CFR 2711.1-2(a) and (c). reviews and Karen Montgomery Acting Deputy State Director June 23, 2010 Publish: June 30. July 7 & 14, 2010 LEGAL NOTICE NOTICE OF TRUSTEE’S SALE T.S. No: K509072 CA Unit Code: K Loan No: 0018508127/DERBY In- vestor No: 251038328 AP #1: 029- 333-23-1 POWER DEFAULT SERV- ICES, INC., as duly appointed Trustee under the following de- scribed Deed of Trust WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH (in the forms which are lawful ten- der in the United States) and/or the cashier’s, certified or other checks specified in Civil Code Section 2924h (payable in full at the time of sale to T.D. Service Company) all right, title and in- terest conveyed to and now held by it under said Deed of Trust in the property hereinafter descri- bed: Trustor: PATRICK M. DER- BY, LAURA B. DERBY Recorded September 9, 2005 as Instr. No. 020924 in Book 2789 Page 542 of Official Records in the office of the Recorder of TEHAMA County; CALIFORNIA , pursuant to the Notice of Default and Election to Sell thereunder re- corded April 6, 2010 as Instr. No. 2010-003558 in Book --- Page --- of Official Records in the office of the Recorder of TEHAMA County CALIFORNIA. YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED AUGUST 26, 2005. UNLESS YOU TAKE AC- TION TO PROTECT YOUR PROP- ERTY, IT MAY BE SOLD AT A PUB- LIC SALE. IF YOU NEED AN EX- PLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAW- YER. 920 DUMOSA DR, RED BLUFF, CA 96080 "(If a street ad- dress or common designation of property is shown above, no warranty is given as to its com- pleteness or correctness)." Said Sale of property will be made in "as is" condition without cove- nant or warranty, express or im- plied, regarding title posses- sion, or encumbrances, to pay the remaining principal sum of the note(s) secured by said Deed of Trust, with interest as in said note provided, advances, if any, under the terms of said Deed of Trust, fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. Said sale will be held on: JULY 27, 2010, AT 2:00 P.M. *AT THE FRONT DOOR ENTRANCE TO THE COUNTY COURTHOUSE, 633 WASHINGTON STREET, RED BLUFF, CA At the time of the ini- tial publication of this notice, the total amount of the unpaid balance of the obligation se- cured by the above described Deed of Trust and estimated costs, expenses, and advances is $194,566.15. It is possible that at the time of sale the opening bid may be less than the total indebtedness due. Pursuant to California Civil Code 2923.54 the undersigned, on behalf of the beneficiary, loan servicer or au- thorized agent, declares as fol- lows: The mortgage loan servicer has obtained from the commissioner a final or tempo- rary order of exemption pur- suant to Section 2923.53 that is current and valid on the date of the notice of sale is filed; The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not ap- ply pursuant to Section 2923.52 or 2923.55. If the Trustee is un- able to convey title for any rea- son, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bid- der shall have no further re- course. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the monies paid. The Purchaser shall have no fur- ther recourse against the Mort- gagor, the Mortgagee or the Mortgagee’s attorney. Date: Ju- ly 7, 2010 POWER DEFAULT SERVICES, INC. as said Trustee, as Authorized Agent for the Ben- eficiary MONDRAGON, ASSISTANT SEC- RETARY T.D. SERVICE COMPANY 1820 E. FIRST ST., SUITE 210, P.O. BOX 11988 SANTA ANA, CA 92711-1988 We are assisting the Beneficiary to collect a debt and any information we obtain will be used for that purpose wheth- er received orally or in writing. If available, the expected open- ing bid and/or postponement in- formation may be obtained by calling the following telephone number(s) on the day before the sale: (714) 480-5690 or you may access sales information at www.tacforeclosures.com. TAC# 904834 PUB: 07/07/10, 07/14/10, 07/21/10 CHERYL L. LEGAL NOTICE NOTICE OF TRUSTEE’S SALE Trustee Sale No. 241554CA Loan No. 0696426717 Title Order No. 381436 YOU ARE IN DEFAULT UN- DER A DEED OF TRUST DATED 09- 01-2005. UNLESS YOU TAKE AC- TION TO PROTECT YOUR PROP- ERTY, IT MAY BE SOLD AT A PUB- LIC SALE. IF YOU NEED AN EX- PLANATION OF THE NATURE OF THE PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 07-28-2010 at 02:00 PM, RECONVEYANCE COMPANY as the duly appointed Trustee un- der and pursuant to Deed of Trust Recorded 09-09-2005, Book 2790, Page 552, Instrument 021071, of official records in the Office of the Recorder of TEHAMA County, California, exe- cuted CALIFORNIA BARTOLETTI, AN UNMARRIED WOMAN AND DENNIS C. GUIDER, AN UNMARRIED MAN, AS JOINT TENANTS, as Trustor, BRYCO FUNDING, INC., as Beneficiary, will sell at public auction sale to the highest bidder for cash, cashier’s check drawn by a state or national bank, a cash- ier’s check drawn by a state or federal credit union, or a cash- ier’s check drawn by a state or federal savings and loan associ- ation, savings association, or savings bank specified in sec- tion 5102 of the Financial Code and authorized to do business in this state. Sale will be held by the duly appointed trustee as shown below, of all right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to the Deed of Trust. The sale will be made, but without covenant or warran- ty, expressed or implied, regard- ing title, possession, or encum- brances, to pay the remaining principal sum of the note(s) se- cured by the Deed of Trust, in- terest thereon, estimated fees, charges and expenses of the Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. Place of Sale: THE MAIN ENTRANCE TO THE TEHAMA COUNTY COURTHOUSE, 633 WASHINGTON STREET , RED BLUFF, CA Legal Description: LOT 14 OF HILLTOP VIEW SUBDI- VISION AS THE SAME IS SHOWN ON THE MAP FILED IN THE TEHAMA COUNTY RECORDER‘S OFFICE, MARCH 23, 1966 BOOK 0 OF MAPS, PAGES 174 AND 175. EXCEPT THE INTEREST IN THE OIL, GAS AND OTHER HYDRO- CARBONS AND MINERALS IN AND UNDER SAID LAND EXCEPTED IN THE FOLLOWING DEEDS: DEED FROM BLANCHE MCCANN, ET AL, TO KENNETH M. FREE, ET UX, RE- CORDED APRIL 30, 1962, BOOK 411, PAGE 421, WHICH EXCEPTS ONE-HALF. A QUITCLAIM DEED FROM BLANCHE MCCANN, ET AL, TO KENNETH M. FREE, ET UX, RE- CORDED NOVEMBER 30, 1966, BOOK 493, PAGE 565, CONVEYING ALL THAT PORTION OF SAID LAND LYING ABOVE A PLANE 200 FEET BELOW AND PARALLEL TO THE SURFACE THEREOF, DEED FROM KENNETH M. FREE, ET UX, TO NOBLE E. BAILEY, ET UX, RE- CORDED MARCH 14, 1969, BOOK 524, PAGE 386, RECITING EXCEP- TION OF ONE-HALF INTEREST BE- LOW A PLANE 200 FEET BELOW AND PARALLEL TO THE SURFACE OF SAID LOT, DEED FROM NOBLE E. BAILEY, ET UX, TO WILLIAM LEWIS VAN NESS, ET UX, RE- CORDED SEPTEMBER 20, 1973, BOOK 628, PAGE 284, RECITING EXCEPTION OF ONE-HALF INTER- EST BELOW A PLANE 200 FEET BELOW AND PARALLEL TO THE SURFACE OF SAID LOT. Amount of unpaid balance and other charges: $192,364.00 (estimated) Street address and other com- mon designation of the real property: 19440 LASSEN DRIVE COTTONWOOD, CA 96022 APN Number: 004-180-19-1 The under- signed Trustee disclaims any li- ability for any incorrectness of the street address and other common designation, if any, shown herein. The property heretofore described is being sold "as is". In compliance with California Civil Code 2923.5(c) the mortgagee, trustee, benefi- ciary, or authorized agent de- clares: that it has contacted the borrower(s) to assess their fi- nancial situation and to explore options to avoid foreclosure; or that it has made efforts to con- tact the borrower(s) to assess their financial situation and to explore options to avoid foreclo- sure by one of the following methods: by telephone; by Unit- ed States mail; either 1st class or certified; by overnight deliv- ery; by personal delivery; by e- mail; by face to face meeting. DATE: 07-01-2010 DECLARATION PURSUANT TO CALIFORNIA CIVIL CODE SECTION 2923.54 Pursuant to California Civil Code Section 2923.54, the undersigned loan servicer declares as follows: 1. It has obtained from the commis- sioner a final or temporary order of exemption pursuant to Sec- tion 2923.54 that is current and valid on the date the notice of sale is filed; and 2. The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not ap- ply pursuant to Section 2923.52 or Section 2923.55. CALIFORNIA RECONVEYANCE COMPANY, as Trustee (714) 259-7850 or www.fidelityasap.com (714) 573- 1965 by: ALEXANDRA www.priorityposting.com CALI- FORNIA RECONVEYANCE COM- PANY IS A DEBT COLLECTOR AT- TEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PUR- POSE. DEBORAH BRIGNAC, VICE PRESIDENT 9200 OAKDALE AVE MAILSTOP N110612 CHATS- WORTH, CA 91311 ASAP# 3631110 07/07/2010, 07/14/2010, 07/21/2010 or LEGAL NOTICE Trustee Sale No. 14808CA Loan No. 1010113908 Title Order No. 100164391-CA-MAI NOTICE OF TRUSTEE’S SALE YOU ARE IN DE- FAULT UNDER A DEED OF TRUST DATED 8/30/2006. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEED- INGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 7/13/2010 at 2:00 PM, MTDS, Inc., a California Corporation DBA Meridian Trust Deed Serv- ice as the duly appointed Trust- ee under and pursuant to Deed of Trust Recorded 09/01/2006, Book , Page , Instrument 2006- 017753 of official records in the Office of the Recorder of Tehama County, California, exe- cuted by: William Bradford Mattingly and Amy Marquix Mattingly, husband and wife as joint tenants, as Trustor, Indymac Bank, F.S.B., as Benefi- ciary, will sell at public auction sale to the highest bidder for cash, cashier’s check drawn by a state or national bank, a cash- ier’s check drawn by a state or federal credit union, or a cash- ier’s check drawn by a state or federal savings and loan associ- ation, savings association, or savings bank specified in sec- tion 5102 of the Financial Code and authorized to do business in this state. Sale will be held by the duly appointed trustee as shown below, of all right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant the Deed of Trust. The sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbran- ces, to pay the remaining princi- pal sum of the note(s) secured by the Deed of Trust, interest thereon, estimated fees, charg- es and expenses of the trustee for the amount (at the time of the initial publication of the No- tice of Sale) reasonably estimat- ed to be set forth below. The amount may be greater on the day of sale. Place of Sale: At the main entrance to the Tehama County Courthouse, 633 Wash- ington St., Red Bluff, CA Legal Description: As more fully de- scribed in said Deed of Trust Amount of unpaid balance and other charges: $467,995.00 The Street address and other com- mon designation of the real property purported as: 1450 Acacia Street, Red Bluff, CA 96080 APN Number: 031-310-12-1 See Declaration, as required by California Civil Code Section 2923.54, attached hereto and made a part hereof. California Foreclosure Prevention Act Dec- laration Of Compliance (Califor- nia Civil Code § 2923.54(a)) The undersigned mortgage loan servicer hereby declares under penalty of perjury, under the laws of the State of California, as follows: [ ] The mortgage loan servicer has not obtained a final or temporary order of ex- emption pursuant to Cal. Civ. Code § 2923.53 that is current and valid as of the date that the Notice of Trustee’s Sale was filed or given. Therefore, the mortgage loan servicer has waited an additional 90 days be- fore giving notice of sale as re- quired by Cal. Civ. Code § 2923.52(a). [X] The mortgage loan servicer has obtained a fi- nal or temporary order of ex- emption pursuant to Cal. Civ. Code § 2923.53 that is current and valid as of the date that the Notice of Trustee’s Sale was filed or given. [ ] The timeframe for giving notice of sale speci- fied in Cal. Civ. Code § 2923.52(a) does not apply because: [ ] The loan was not recorded between January 1, 2003 and January 1, 2008. [ ] The loan is not secured by residential real property. [ ] The loan is not secured by a first priority mortgage or deed of trust. [ ] The borrower did not occupy the property as his/her principal residence when the loan became delinquent. [ ] The loan was made, purchased or serviced by (1) a California state or local public housing agency or authority, including state or local housing finance agencies established under Division 31 of the Cal. Health & Safety Code and Chapter 6 of the Cal. Milita- ry & Veterans Code, or (2) the loan is collateral for securities purchased by any such Califor- nia state or local public housing agency or authority. [ ] The bor- rower has surrendered the prop- erty as evidenced by either a letter confirming the surrender or delivery of the keys to the property to the mortgagee, trustee, beneficiary or author- ized agent. [ ] The borrower has contracted with someone whose primary business is advising people who have decided to leave their homes on how to ex- tend the foreclosure process and avoid their loan obligations. [] The borrower has filed for bankruptcy, and the bankruptcy court has not entered an order closing or dismissing the bank- ruptcy case or granting relief from the automatic stay. OneWest Bank, FSB By: Vicki Brizendine Attachment To No- tice of Trustee’s Sale The un- dersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The property heretofore described is being sold "as is". Date: 6/18/2010 MTDS, Inc., a California Corpora- tion DBA Meridian Trust Deed Service, as Trustee Sales Line: (714) 573-1965 (702) 586-4500 PRIORITYPOSTING.COM Alicha Wallin, Foreclosure Assistant Meridian Foreclosure Service 4675 Macarthur Court Suite 1540 Newport Beach CA 92660 MTDS, Inc., a California Corporation DBA Meridian Trust Deed Serv- ice is a debt collector attempt- ing to collect a debt. Any infor- mation obtained will be used for that purpose. P714579 6/23, 6/30, 07/07/2010