Issue link: https://www.epageflip.net/i/13880
6B – Daily News – Tuesday, July 27, 2010 Trustee Sale No. 08-01875-5 JV Loan No. 150003560 (Montebello Estates) Title Order No. 52225-SK APN 027-410-08, 027-410-27; 027- 410-29; 027-410-30; 027-410-31; NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED October 29, 2004. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PRO- CEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On August 2, 2010, at 02:00 PM, at the main entrance to the Tehama County Courthouse, 633 Washington St., Red Bluff, CA, Fi- delity National Title Company, as the duly appointed Trustee, under and pursuant to the pow- er of sale contained in that cer- tain Deed of Trust Recorded on November 22, 2004, as Instru- ment No. 024205 Book 2603 Page 183 of Official Records in the of- fice of the Recorder of Tehama County, CA, executed by: MBD, INC., A CALIFORNIA CORPORA- TION, as Trustor, in favor of UMPQUA BANK as Beneficiary and under that certain Modifica- tion of Deed of Trust recorded on March 27, 2008, as Instrument No. 2008004267 of Official Re- cords in the office of the Record- er of Tehama County, CA, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER, in lawful mon- ey of the United States, all paya- ble at the time of sale, that cer- tain property situated in said County, California describing the land therein as: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF Exhibit "A" Par- cel One: All that property lying in Section 18, Township 27 North, Range 3 West, Mount Diablo Meridian, according to the official plat thereof, descri- bed as follows: Commencing at the Southwest corner of Parcel B as shown in Book 8 of Parcel Maps, page 166, Tehama County Records; thence, along the South line of said Parcel B, South 88º 35’ 15" East 1313.57 feet; thence South 88º 38’ 20" East 58.87 feet to a point on the Westerly right of way line of Monroe Avenue, thence North 14º 09’ 23" East 286.93 feet; thence on a curve to the left with a radius of 960.00 feet, a delta of 12º 59’ 01" and an arc length of 217.54 feet; thence North 01º 10’ 22" East 196.17 feet; thence along the Southerly line of the Roman Catholic Bish- op of Sacramento Parcel as shown in said map North 88º 49’ 38" West 192.15 feet; thence North 36º 40’ 05" West 137.32 feet; thence North 80º 56’ 49" West 10.11 feet; thence North 25º 49’ 22" West 206.24 feet; thence North 01º 09’ 52" East 107.84 feet; thence North 10º 38’ 15" West 102.70 feet; thence North 00º 11’ 54" East 140.67 feet; thence North 18º 48’ 25" East 219.12 feet; thence North 10º 52’ 48" East 67.84 feet; thence on a curve to the right which tangent bears North 75º 20’ 06" East, with a radius of 570.00 feet, a delta of 15º 49’ 23" and an arc length of 157.41 feet; thence South 88º 50’ 31" East 220.24 feet to the centerline of Monroe Avenue, as it is shown on said map; thence North 01º 10’ 22" East 59.92 feet; North 88º 49’ 06" West 220.00 feet; thence on a curve to the left with a radi- us of 630.00 feet, a delta of 25º 44’ 26" and an arc length of 283.03 feet; thence South 65º 26’ 20" West 42.12 feet; thence North 12º 21’ 51" West 318.74 feet; thence North 62º 08’ 15" East 105.51 feet; thence North 01º 12’ 10" East 169.45 feet to the Southerly boundary line of Country Village Unit 1 as shown in Book W of maps at page 5, Tehama County Records; thence, along said Southerly boundary, North 88º 45’ 03" West 61.13 feet to the Southeas- terly corner of Country Village Unit 3 as shown in Book W of Maps at page 131, Tehama County Records; thence along said Southerly boundary South 87º 31’ 15" West 79.70; thence South 77º 38’ 09" West 50.00 feet; thence North 12º 21’ 51" West 67.00 feet; thence South 77º 38’ 09" West 90.67 feet; thence South 05º 01’ 58" West 24.32 feet; thence North 89º 23’ 48" West 171.13 feet; thence North 00º 36’ 11" East 25.58 feet; thence North 89º 05’ 20" West 81.07 feet; thence North 00º 54’ 40" East 118.98 feet; thence North 00º 36’ 12" East 50.00 feet; thence South 89º 23’ 47" East 0.51 feet; thence North 00º 36’ 12" East 120.00 feet; thence North 89º 23’ 48" West 105.00 feet to the Southwest corner of said Unit 3; thence North 89º 23’ 48" West 184.92 feet; thence North 01º 04’ 52" East 0.48 feet; thence North 89º 05’ 20" West 170.00 feet to the Westerly line of that land shown in Book 8 of Parcel Maps, at page 166, Tehama County Records; thence along the West line of said land South 00º 54’ 40" West 2,447.49 feet to the point of beginning of this description. Parcel Two: Parcel A of Parcel Map No. 86-41, filed in the Tehama County Re- corder’s Office December 11, ik f l Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices Legal Notices LEGAL NOTICE 1986 in Book 8 of Parcel Maps, at pages 165 and 166 (being a por- tion of Section 18, Township 27 North, Range West, Mount Diablo Meridian, according to the official plat thereof). Except- ing therefrom that portion thereof lying within Tract No. 87- 1000, County Village, Unit No. 2, as shown on the map filed in the Tehama County Recorder’s Of- fice, October 11, 1988 in Book W of Maps, at page 41. Also ex- cepting therefrom that portion thereof lying within Tract No. 89- 1005, Highland Bluff, Unit No. 1, as shown on the map filed Octo- ber 12, 1990 in Book W of Maps, at pages 139 through 143, inclu- sive. Parcel Three: Parcel B of Parcel Map No. 86-41, filed in the Tehama County Recorder’s Of- fice December 11, 1986 in Book 8 of Parcel Maps, at pages 165 and 166 (being a portion of Section 18, Township 27 North, Range 3 West, Mount Diablo Meridian, according to the official plat thereof). Excepting therefrom that portion thereof lying within Tract No. 87-1000, Country Vil- lage, Unit No. 1, as shown on the map filed in the Tehama County Recorder’s Office, February 23, 1988 in Book W of Maps, at pa- ges 4 and 5. Also excepting therefrom that portion thereof lying within Tract No. 87-1000, Country Village, Unit No. 2, as shown on the Map filed in the Tehama Country Recorder’s Of- fice, October 11, 1988 in Book W of Maps, at page 41. Also ex- cepting therefrom that portion thereof lying within Tract No. 89- 1004, Country Village, Unit No. 3, as shown on the Map filed in the Tehama County Recorder’s Of- fice, September 6, 1990 in Book Wof Maps at page 131, 132 and 133. Also excepting therefrom that portion thereof lying within Tract No. 89-1005, Highland Bluffs Unit No. 1, as shown on the map filed October 12, 1990 in Book W of Maps, at pages 139 through 143, inclusive. Also ex- cepting therefrom that portion thereof situate in the South one- half of Section 18, Township 27 North, Range 3 West, Mount Diablo Meridian, City of Red Bluff, Tehama County, Califor- nia, more particularly described as follows: Commencing at the South 1/4 corner of said Section 18, in that certain map recorded in Book 8 of Parcel Maps at page 166 Tehama County Records; thence along the boundary of Parcel B of said map South 88° 38’ 20" West 58.87 feet; thence North 14° 09’ 23" East 286.93 feet; thence through a curve to the left having a central angle of 12° 59’ 01", a radius of 960.00 feet and an arc length of 217.54 feet; thence North 01º 10’ 22" East 196.17 feet; thence North 88° 49’ 38" West 379.98 feet; thence North 01º 09’ 52" East 939.89 feet; thence south 88º 50’ 31" East 430.14 feet; thence North 01º 10’ 22" East 59.92 feet; thence North 88º 49’ 06" West 220.00 feet to the point of begin- ning; thence continuing along the boundary of said Parcel B North 88º 49’ 06" West 294.06 feet; thence North 01º 12’ 10" East 280.29 feet; thence leaving the boundary of said Parcel B South 62º 08’ 15" West 105.51 feet; thence South 12° 21’ 51" East 318.74 feet; thence North 65º 26’ 28" East 42.12 feet; thence through a curve to the right having a central angle of 25° 44’ 26" a radius of 630.00 feet and an arc length of 283.03 feet to the point of beginning. Also excepting therefrom that por- tion thereof situate in the South one- half of Section 18, Town- ship 27 North, Range 3 West, Mount Diablo Meridian, City of Red Bluff, Tehama County, Cali- fornia, more particularly descri- bed as follows: Commencing at the South quarter corner of said Section 18, in that certain map recorded in Book 8 of Parcel Maps at page 166, Tehama County Record; thence along the boundary of Parcel B of said map South 88° 38’ 20" West 58.87 feet; thence North 14° 09’ 23" East 286.93 feet; thence through a curve to the left having a cen- tral angle of 12° 59’ 01", a radius of 960.00 feet and an arc length of 217.54 feet; thence North 01º 10’ 22" East 196.17 feet; thence North 88° 49’ 38" West 379.98 feel; thence North 01° 09’ 52" East 401.44 feet to the point of beginning; thence North 01° 09’ 52" East 314.68 feet; thence leav- ing the boundary of said Parcel B South 18º 48’ 25" West 77.13 feet; thence South 00° 11 ’ 54" West 140.67 feet; thence South 10° 30’ 15" East 102.70 feet to the point of beginning. Also except- ing therefrom all that property lying in Section 18, Township 27 North, Range 3 West, Mount Diablo Meridian, according to the official plat thereof, descri- bed as follows: Commencing at the Southwest corner of Parcel B as shown in Book 8 of Parcel Maps, page 166, Tehama County Records; thence, along the South line of said Parcel B, South 88° 35’ 15" East 1313.57 feet; thence South 88° 38’ 20" East 58.87 feet to a point on the Westerly right of way line of Monroe Avenue; thence North 14° 09’ 23" East 286.93 feet; hhl , f thence on a curve to the left with a radius of 960.00 feet, a delta of 12° 59’ 01" and an arc length of 217.54 feet; thence North 01º 10’ 22" East 196. 17 feet; thence along the Southerly line of the Roman Catholic Bish- op of Sacramento Parcel as shown in said map North 88º 49’ 38" West 192.15 feet; thence North 36° 40’ 05" West 137.32 feet; thence North 80° 56’ 49" West 10.11 feet; thence North 25° 49’ 22" West 206.24 feet; thence North 01º 09’ 52" East 107.84 feet; thence North 10º 38’ 15" West 102.70 feet; thence North 00° 11’ 54" East 140.67 feet; thence North 18° 48’ 25" East 219.12 feet; thence North 10° 52’ 48" East 67.84 feet; thence on a curve to the right which tangent bears North 75° 20’ 06" East, with a radius of 570.00 feet, a delta of 15° 49’ 23" and an arc length of 157.41 feet; thence South 88° 50’ 31" East 220.24 feet to the centerline of Monroe Avenue, as it is shown on said map; thence North 1º10’22" East 59.92 feet; North 88° 49’ 06" West 220.00 feet; thence on a curve to the left with a radius of 630.00 feet, a delta of 25° 44’ 26" and an arc length of 283.03 feet; thence South 65° 26’ 20" West 42.12 feet; thence North 12° 21’ 51" West 318.74 feet; thence North 62º 08’ 15" East 105.51 feet; thence North 01° 12’ 10" East 169.45 feet to the Southerly boundary line of Country Village Unit 1 as shown in Book W of Maps at page 5, Tehama County Records; thence along said Southerly boundary, North 88° 45’ 03" West 61.13 feet to the Southeasterly corner of Country Village Unit 3 as shown in Book W of Maps at page 131, Tehama County Re- cords; thence along said South- erly boundary South 87° 31’ 15" West 79.70 feet; thence South 77º 38’ 09" West 50.00 feet; thence North 12° 21 ’ 51" West 67.00 feet; thence South 77º 38’ 09" West 90.67 feet; thence South 05º 01’ 58" West 24.32 feet; thence North 89° 23’ 48" West 171.13 feet; thence North 00º 36’ 11" East 25.58 feet; thence North 89° 05’ 20" West 81.07 feet; thence North 00° 54’ 40" East 118.98 feet; thence North 00° 36’ 12" East 50.00 feet; thence South 89° 23’ 47" East 0.51 feet; thence North 00° 36’ 12" East 120.00 feet; thence North 89º 23’ 48" West 105.00 feet to the Southwest corner of said Unit 3; thence North 89° 23’ 48" West 184 .92 feet; thence North 01° 04’ 52" East 0.48 feet; thence North 89° 05’ 20" West 170.00 feet to the Westerly line of that land shown in Book 8 of Parcel Maps, at page 166, Tehama County Records; thence, along the West line of said land South 00° 54’ 40" West 2,447.79 feet to the point of be- ginning of this description. AP #: 027-410-08, 27, 29, 30, & 31 Property Address: None As- signed The property heretofore described is being sold "as is". The street address and other common designation, if any, of the real property described above is purported to be: No common designation. Directions may be obtained pursuant to a written request submitted to UMPQUA BANK, 1 SW COLUMBIA ST., STE 1400, PORTLAND, OR 97258 within 10 days from the first publication of the notice The undersigned Trustee dis- claims any liability for any in- correctness of the street ad- dress and other common desig- nation, if any, shown herein. Said sale will be made without covenant or warranty, express or implied, regarding title, pos- session, or encumbrances, to pay the remaining unpaid bal- ance of the obligations secured by and pursuant to the power of sale contained in that certain Deed of Trust (together with any modifications thereto). The total amount of the unpaid balance of the obligations secured by the property to be sold and reason- able estimated costs, expenses and advances at the time of the initial publication of this Notice of Trustee’s Sale is estimated to be $1,357,329.12 (Estimated), provided, however, prepayment premiums, accrued interest and advances will increase this fig- ure prior to sale. Beneficiary’s bid at said sale may include all or part of said amount. In addi- tion to cash, the Trustee will ac- cept a cashier’s check drawn on a state or national bank, a check drawn by a state or federal credit union or a check drawn by a state or federal savings and loan association, savings asso- ciation or savings bank speci- fied in Section 5102 of the Cali- fornia Financial Code and au- thorized to do business in Cali- fornia, or other such funds as may be acceptable to the trust- ee. In the event tender other than cash is accepted, the Trust- ee may withhold the issuance of the Trustee’s Deed Upon Sale until funds become available to the payee or endorsee as a mat- ter of right. The property offered for sale excludes all funds held on account by the property re- ceiver, if applicable. Beneficiary has elected and hereby elects to d ; ifi d f l conduct a unified foreclosure sale pursuant to the provisions of California Commercial Code Section 9604(a)(1)(8) and to in- clude in the nonjudicial foreclo- sure of the estate described in this Notice of Trustee’s Sale all of the personal property and fix- tures described in the Deed of Trust and in any other instru- ments in favor of Beneficiary, which property is more particu- larly described in Exhibit "B" hereto. EXHIBIT B All equipment, fixtures, and other articles of personal property now or here- after owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premi- ums) from any sale or other dis- position of the Property; All tan- gible and intangible items ob- tained or owned by, or in the possession of Trustor that are directly or indirectly related to the acquisition, development, design, construction nm, permit- ting, marketing or habitation of the Real Property or the im- provements to be constructed on the Real Property, whether heretofore or hereafter issued, prepared, or executed, including without limitation all permits, li- censes, authorizations and approvals, trademarks and tradenames, and any and all land use entitlements, develop- ment rights, sewer capacity, approvals, density allocations and other rights or approvals re- lating to or authorizing the de- velopment or occupancy of the Property, plus all utility or other deposits, reimbursement rights, studies, tests, contracts, plans and specifications, relating to the Property and Improvements. Capitalized terms not defined herein shall have the same meaning as those in the Note, Secured Obligations, the Deed of Trust and/or any other loan documents. Beneficiary reserves the right to revoke its election as to some or all of said person- al property and/or fixtures, or to add additional personal proper- ty and/or fixtures to the election herein expressed, at Benefi- ciary’s sole election, from time to time and at any time until the consummation of the trustee’s sale to be conducted pursuant to the Deed of Trust and this No- tice of Trustee’s Sale. The prop- erty offered for sale excludes all funds held on account by the property receiver, if applicable. SALE INFORMATION CAN BE OB- TAINED ON LINE AT www.priorityposting.com AUTO- MATED SALES INFORMATION PLEASE CALL 714-573-1965 DATE: July 13, 2010 Fidelity National Ti- tle Company, Trustee TS No. 08- 01875-5 JV 3075 Prospect Park Dr., Ste 100 Rancho Cordova, CA 95670 916-636-0114 Authorized Signature Regarding the proper- ty that is the subject of this no- tice of sale, the "mortgage loan servicer" as defined in Civil Code § 2923.53(k)(3) declares that it has not obtained from the Commissioner a final or tempo- rary order of exemption pur- suant to Civil Code section 2923.53 that is current and valid on the date this notice of sale is recorded. The time frame for giving a notice of sale specified in Civil Code Section 2923.52 subdivision (a) does not apply to this notice of sale pursuant to Civil Code Sections 2923.52 or 2923.55. Fidelity National Title Company, as Agent for the mort- gage loan servicer as defined under Californ in Civil Code sec- tion 2923.53 (k)(3) Authorized Signature P721795 7/13, 7/20, 07/27/2010 y LEGAL NOTICE The following person(s) is (are) doing business as: Org. Hawaiian Style 530-347- 9884, 16400 Frankie Lane, Cotton- wood, CA 96022 File No. 2010000219 STATEMENT FICTITIOUS BUSINESS NAME Franklin Wayne Teixeira P. O. Box 1343/16400 Frankie Ln Cottonwood, CA 96022 Janice Rae Thomason P. O. Box 1343/16400 Frankie Ln Cottonwood, CA 96022 Millie May Teixeira P. O. Box 1343/16400 Frankie Ln Cottonwood, CA 96022 The registrant commenced to transact business under the fic- titious business name or names listed above on N/A This business is conducted by: co-partners S/By: Franklin Wayne Teixeira Fanklin Wayne Teixeira This statement was filed with the County Clerk of Tehama County on 7/23/2010 Publish: July 27, Aug 3, 10 & 17, 2010 BEVERLY ROSS Tehama County Clerk & Recorder LEGAL NOTICE REQUEST FOR PROPOSAL Rogers’ Ranch Barn Roofline Extension Project Corning Union High School District Notice is hereby given, pursuant to the provisions of Section 20112 of the Public Contract Code of the State of California that the Governing Board of Trustees of the Corning Union High School District, 643 Black- burn Ave, Corning, CA 96021 will accept Request for Proposals by 3:30 P.M., Friday, July 30, 2010 for the roofline extension project lo- cated at 23341 Loleta Ave., Corn- ing, CA 96021. The guidelines are on file and may be obtained at eh District Office, 643 Blackburn Ave, Corning, California 96021. Superintendent, per the Board of Trustees, reserves the right to reject any or all proposals, to waive any irregularities, and to be the sole judge of the suitabili- ty of proposals offered. By order of the Board of Trust- ees, Corning Union High School District Bruce Cole District Superintendent July 12, 2010 Publish: July 15, 16, 17, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29, 30, 2010 LEGAL NOTICE NOTICE OF TRUSTEE’S SALE TS No. 09-0079800 Title Order No. 4159118 Investor/Insurer No. 1704262613 APN No. 101-050-31-1 YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 06/13/2007. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER." Notice is hereby given that RECONTRUST COMPANY, N.A., as duly appointed trustee pursuant to the Deed of Trust executed by AUSTEN PHILLIPS AND HEATHER PHILLIPS, HUS- BAND AND WIFE, dated 06/13/2007 and recorded 06/19/07, as Instrument No. 2007011252, in Book , Page ), of Official Records in the office of the County Recorder of Tehama County, State of California, will sell on 08/17/2010 at 2:00PM, At the main entrance to the Tehama County Courthouse, 633 Washington Street, Red Bluff, CA 96080 at public auction, to the highest bidder for cash or check as described below, payable in full at time of sale, all right, title, and interest conveyed to and now held by it under said Deed of Trust, in the property situated in said County and State and as more fully described in the above referenced Deed of Trust. The street address and other common designation, if any, of the real property described above is purported to be: 21966 STONEY CREEK PLACE, COTTON- WOOD, CA, 96022. The under- signed Trustee disclaims any li- ability for any incorrectness of the street address and other common designation, if any, shown herein. The total amount of the unpaid balance with inter- est thereon of the obligation se- cured by the property to be sold plus reasonable estimated costs, expenses and advances at the time of the initial publica- tion of the Notice of Sale is $292,211.62. It is possible that at the time of sale the opening bid may be less than the total in- debtedness due. In addition to cash, the Trustee will accept cashier’s checks drawn on a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, savings asso- ciation, or savings bank speci- fied in Section 5102 of the Finan- cial Code and authorized to do business in this state. Said sale will be made, in an ’’AS IS’’ con- dition, but without covenant or warranty, express or implied, re- garding title, possession or en- cumbrances, to satisfy the in- debtedness secured by said Deed of Trust, advances thereunder, with interest as pro- vided, and the unpaid principal of the Note secured by said Deed of Trust with interest thereon as provided in said Note, plus fees, charges and ex- penses of the Trustee and of the trusts created by said Deed of Trust. DATED: 09/10/2009 RECONTRUST COMPANY, N.A. 1800 Tapo Canyon Rd., CA6-914- 01-94 SIMI VALLEY, CA 93063 Phone: (800) 281 8219, Sale Infor- mation (626) 927-4399 By: - Trustee’s RECONTRUST COMPANY, N.A. is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. ASAP# 3647580 07/20/2010, 08/03/2010 Sale Officer 07/27/2010, CHECK OUT THE✓✓✓✓ CLASSIFIED