Issue link: https://www.epageflip.net/i/97510
6B Daily News – Thursday, December 6, 2012 LEGAL NOTICE Trustee Sale No. 12-00307-2 Loan No. FAMBROUGH APN 041-27033; 041-270-34 & 041-270-35 NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 10/02/2006. 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 PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 12/14/2012, at 02:00 PM, At the main entrance to the Tehama County Courthouse, 633 Washington St., Red Bluff, CA, FIDELITY NATIONAL TITLE COMPANY, as the duly appointed Trustee, under and pursuant to the power of sale contained in that certain Deed of Trust Recorded on 10/20/2006, as Instrument No. 2006021113 of Official Records in the office of the Recorder of Tehama County, CA , executed by: CHAD FAMBROUGH AND NICOLE K. FAMBROUGH, HUSBAND AND WIFE,, as Trustor, in favor of WESTAMERICA BANK, CUSTODIAN FOR THE BENEFIT OF GEORGE S. SIMMONS, ACCOUNT NO. 042575 AS TO AN UNDIVIDED 11.236% INTEREST; AND WESTAMERICA BANK, CUSTODIAN FOR THE BENEFIT OF EUGENE O. MICHELSON, ACCOUNT NO. 042595 AS TO AN UNDIVIDED 13.483% INTEREST; AND WESTAMERICA BANK, CUSTODIAN FOR THE BENEFIT OF SHIRLEY J. SIMMONS, ACCOUNT NO. 042583 AS TO AN UNDIVIDED 9.551% INTEREST; AND WESTAMERICA BANK, CUSTODIAN FOR THE BENEFIT OF TOMMY J. CLIFTON, ACCOUNT NO. 042597 AS TO AN UNDIVIDED 11.236% INTEREST; AND WESTAMERICA BANK, CUSTODIAN FOR THE BENEFIT OF BARBARA J. CLIFTON, ACCOUNT NO. 042598 AS TO AN UNDIVIDED 11.236% INTEREST; AND WESTAMERICA BANK, CUSTODIAN FOR THE BENEFIT OF JANET M. SIMMONS, ACCOUNT NO. 042768 AS TO AN UNDIVIDED 7.865% INTEREST; AND GEORGE S. SIMMONS, TRUSTEE OF THE NYSTROM & COMPANY 401 K PROFIT SHARING PLAN FOR THE BENEFIT OF GEORGE S. SIMMONS, AS TO AN UNDIVIDED 13.483% INTEREST; AND GEORGE S. SIMMONS, TRUSTEE OF THE NYSTROM & COMPANY 401K PROFIT SHARING PLAN FOR THE BENEFIT OF EUGENE O. MICHELSON, AS TO AN UNDIVIDED 16.854% INTEREST; AND GEORGE S. SIMMONS, TRUSTEE OF THE NYSTROM & COMPANY 401 K PROFIT SHARING PLAN FOR THE BENEFIT OF STEVEN D. PITMAN AS TO AN UNDIVIDED 5.056% INTEREST, as Beneficiary, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER, in lawful money of the United States, all payable at the time of sale, that certain property situated in said County, California describing the land therein as: AS MORE FULLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO EXHIBIT "A" LEGAL DESCRIPTION Parcel One: A portion of Section 21, Township 27 North, Range 3 West, Mount Diablo Meridian, described as follows: Beginning at a point from which the Southeast corner of Parcel A as the same is shown on that certain Parcel Map No. 85-20, as filed in the office ofthe County Recorder of the County of Tehama, State of California on August 8, 1985 in Book 8 of Parcel Maps, at page 104, Official Records of Tehama County, bears North 54° 41' 35" West 2.13 feet; thence North 26° 00' 21" West 221.58 feet, more or less, to the East West mid section line of said Section 21; thence on and along the East West mid section line of said Section 21, South 88° 57' 00" East, 398.84 feet; thence from said point of beginning, following down and along at or near the East bank of a slough, South 54° 41' 35" East 724.86 feet, more or less, to the most Northerly corner of the 26.41 acres V. and L. Ross parcel as shown on that certain Record of Survey, as filed in the office of the County Recorder, County of Tehama, State of California, on October 27, 1980 in Book T of Maps, at page 200; thence on and along the Westerly line of said 26.41 acre parcel, South 29° 24' 17" East 359.35 feet; thence South 19° 43' 15" East 448.07 feet; thence South 6° 36' 14" East 234.45 feet; thence South 14°54' 53" East 351.10 feet; thence South 8° 12' 57" West, 276.89 feet; thence South 1° 19' 45" West, 179.48 feet; thence South 11° 34' 18" East 300.71 feet, more or less, to the center of the county road; thence, leaving said Westerly line and running East along the center line of said county road and parallel with the South line of said Section 21, South 88° 54' 29" East, 692.53 feet to the West line of the parcel of land described as the exception to Parcel 2 in the Deed to Gordon James Family 1990 Trust dated September 16, 1990 and recorded October 15, 1990 in Book 1287 of Official Records, at page 127, Official Records of h h l p g , Tehama County; thence along the said West line, North 0° 45' 31" East, 790.30 feet to the Northwest corner of said exception to Parcel 2; thence along the Northerly prolongation of said West line, North 0° 45' 31" East, 143.50 feet; thence South 89° 14' 29" East, 694.04 feet to the Easterly line of Parcel 2, as described in said Deed to the Gordon James Family 1990 Trust; thence on and along said Easterly line, North 28° 58' 29" West 203.37 feet; thence North 24° 58' 29" West 858.00 feet; thence North 23° 14' 29" West, 418.44 feet; thence North 19° 29' 29" West, 150.48 feet; thence North 25° 41' 29" West 53.86 feet; thence West and parallel to the East West mid section line of said Section 21 North 88° 57' 00" West, 1752.65 feet, more or less, to the point of beginning. Excepting therefrom a portion of the property as described in the Deed granted to Chad Fambrough and Nicole K. Fambrough as filed August 23, 2004 in Book 2552 of Official Records at page 317 in the office of the Tehama County Recorder, State of California, being situated in Section 21, Township 27 North, Range 3 West, M.D.M., in the unincorporated territory of Tehama County, California, more particularly described as follows: Beginning at the Northwest corner of said parcel of land as described in said Book 2552 of Official Records at page 317, said point also being the Southwest corner of the Remainder Parcel as shown on Parcel Map 03-02 for Chad Fambrough and Nicole K. Fambrough, as filed August 4, 2004 in Book 12 at pages 212, 213 and 214, in the office of the Tehama County Recorder, State of California; thence South 54°41'35" East on and along the West line of said parcel of land as described in said Book 2552 of Official Records at page 317 a distance of 477.95 feet; thence North 268.55 feet more or less to a point on the North line of said parcel of land as described in said Book 2552 of Official Records at page 317, and the South line of said Remainder Parcel; thence on and along the North line of said parcel of land as described in said Book 2552 of Official Records at page 317, and the South line of said Remaining Parcel North 88°52'19" West 390.11 feet more or less to the point of beginning. Also excepting therefrom a portion of the property as described in the Deed granted to Chad Fambough and Nicole K. Fambrough as filed August 23, 2004 in Book 2552 of Official Records at page 317 in the office of the Tehama County Recorder, State of California, being situated in Section 21, Township 27 North, Range 3 West, M.D.M., in the unincorporated territory of Tehama County, California, more particularly described as follows: Beginning at the Northeast corner of said parcel of land as described in said Book 2552 of Official Records at page 317, said point also being the Southeast corner of the Remainder Parcel as shown on Parcel Map 03-02 for Chad Fambrough and Nicole K. Fambrough, as filed August 4, 2004 in Book 12 at pages 212, 213 and 214, in the office oft he County Recorder, State of California; thence on and along the North line of said parcel of land as described in said Book 2552 of Official Records at page 317, and the South line of said Remaining Parcel North 88°52'19" West 420.00 feet; thence South 25°40' 15" East 211.63 feet; thence South 88°52'19" East 401.87 feet more or less to a point on the East line of said parcel of land as described in said Book 2552 of Official Records at page 317; thence on and along said East line of said parcel of land as described in said Book 2552 of Official Records at page 317 North 19°29'29" West 150.48 feet; thence continuing on and along said East line North 25°41 '29" West 53.86 feet more or less to the point of beginning. Parcel Two: A portion of the property as described in the Deed granted to Chad Fambrough and Nicole K. Fambrough as filed August 23, 2004 in Book 2552 of Official Records at page 317 in the Tehama County Recorder, State of California, being situated in Section 21, Township 27 North, Range 3 West, M.D.M., in the unincorporated territory of Tehama County, California, more particularly described as follows: Beginning at the Northwest corner of said parcel of land as described in said Book 2552 of Official Records at page 317, said point also being the Southwest corner of the Remainder Parcel as shown on Parcel Map 03-02 for Chad Fambrough and Nicole K. Fambrough, as filed August 4, 2004 in Book 12 at pages 212, 213 and 214, in the office of the Tehama County Recorder, State of California; thence South 54°41 '35" East on and along the West li f id l fl d d g line of said parcel of land as described in said Book 2552 of Official Records at page 317 a distance of 477.95 feet; thence North 268.55 feet more or less to a point on the North line of said parcel of land as described in said Book 2552 of Official Records at page 317, and the South line of said Remainder Parcel; thence on and along the North line of said parcel of land as described in said Book 2552 of Official Records at page 317, and the South line of said Remaining Parcel North 88°52'19" West 390.11 feet more or less to the point of beginning. Parcel Three: A portion of the property as described in the Deed granted to Chad Fambough and Nicole K. Fambrough as filed August 23,2004 in Book 2552 of Official Records at page 317 in the office of the Tehama County Recorder, State of California, being situated in Section 21, Township 27 North, Range 3 West, M.D.M., in the unincorporated territory of Tehama County, California, more particularly described as follows: Beginning at the Northeast corner of said parcel of land as described in said Book 2552 of Official Records at page 317, said point also being the Southeast corner of the Remainder Parcel as shown on Parcel Map 03-02 for Chad Fambrough and Nicole K. Fambrough, as filed August 4, 2004 in Book 12 at pages 212, 213 and 214, in the office of the County Recorder, State of California; thence on and along the North line of said parcel of land as described in said Book 2552 of Official Records at page 317, and the South line of said Remaining Parcel North 88°52'19" West 420.00 feet; thence South 25°40'15" East 211.63 feet; thence South 88°52' 19" East 401.87 feet more or less to a point on the East line of said parcel of land as described in said Book 2552 of Official Records at page 317; thence on and along said East line of said parcel of land as described in said Book 2552 of Official Records at page 317 North 19°29'29" West 150.48 feet; thence continuing on and along said East line North 25°41 '29" West 53.86 feet more or less to the point of beginning. NOTICE TO POTENTIAL BIDDERS: If you are considering bidding on this property lien, you should understand that there are risks involved in bidding at a trustee auction. You will be bidding on a lien, not on the property itself. Placing the highest bid at a trustee auction does not automatically entitle you to free and clear ownership of the property. You should also be aware that the lien being auctioned off may be a junior lien. If you are the highest bidder at the auction, you are or may be responsible for paying off all liens senior to the lien being auctioned off, before you can receive clear title to the property. You are encouraged to investigate the existence, priority, and size of outstanding liens that may exist on this property by contacting the county recorder's office or a title insurance company, either of which may charge you a fee for this information. If you consult either of these resources, you should be aware that the same lender may hold more than one mortgage or deed of trust on the property. NOTICE TO PROPERTY OWNER: The sale date shown on this notice of sale may be postponed one or more times by the mortgagee, beneficiary, trustee, or a court, pursuant to Section 2924g of the California Civil Code. The law requires that information about trustee sale postponements be made available to you and to the public, as a courtesy to those not present at the sale. If you wish to learn whether your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call 714-573-1965 or visit this Internet Web site www.prior ityposting.com, using the file number assigned to this case 12-00307-2. Information about postponements that are very short in duration or that occur close in time to the scheduled sale may not immediately be reflected in the telephone information or on the Internet Web site. The best way to verify postponement information is to attend the scheduled sale. 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: 200 GURNSEY DRIVE, RED BLUFF, CA The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made without covenant or warranty, express or implied, regarding title, possession, or encumbrances, to pay the remaining unpaid balance of the obligations secured by and pursuant to the power of sale contained in that certain Deed of Trust (together i h difi i h ) ( g with any modifications thereto). The total amount of the unpaid balance of the obligations secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of this Notice of Trustee's Sale is estimated to be $891,061.93 (Estimated), provided, however, prepayment premiums, accrued interest and advances will increase this figure prior to sale. Beneficiary's bid at said sale may include all or part of said amount. In addition to cash, the Trustee will accept 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 association or savings bank specified in Section 5102 of the California Financial Code and authorized to do business in California, or other such funds as may be acceptable to the trustee. In the event tender other than cash is accepted, the Trustee may withhold the issuance of the Trustee's Deed Upon Sale until funds become available to the payee or endorsee as a matter of right. The property offered for sale excludes all funds held on account by the property receiver, if applicable. DATE: 11/20/2012 FIDELITY NATIONAL TITLE COMPANY, TRUSTEE 12-00307-2 11000 Olson Drive Ste 101, Rancho Cordova , CA 95670, 916-636-0114 Rachel Cissney, Authorized Signature SALE INFORMATION CAN BE OBTAINED ON LINE AT www.priority posting.com AUTOMATED SALES INFORMATION PLEASE CALL 714573-1965 P1003683 Publish; 11/22, 11/29, 12/06/2012 LEGAL NOTICE FICTITIOUS BUSINESS NAME STATEMENT File No. 2012000311 The following person(s) is (are) doing business as: Bently Ag 775-783-4600, 1711 Orbit Way, Minden, NV 89423 The Bently Family Limited Partnership 1711 Orbit Way, Minden, NV 89423 Gibson Tool & Supply 1711 Orbit Way, Minden, NV 89423 The registrant commenced to transact business under the fictitious business name or names listed above on 11/1/12 This business is conducted by: a limited partership S/By: T. Scott Brooke T. Scott Brooke, as the Secretary of Gibson Tool & Supply, which is the Beneral Partner of the Bently Family Limited Partnership Convert your Daily News home-delivered subscription to PAY No more checks to write, stamps to buy, trips to the Daily News office to pay your paper bill, or big payments in advance to get a lower rate Now you can …. SAVE over 17% compared to the regular subscription price! with a painless charge every 13 weeks to your Visa or Mastercard. 13 weeks Home Delivery – $ only 24! Other time increments available also at discounted rates. For more information or to convert or extend your subscription, call 530 527-2151 Or use our new online Subscription Concierge service: www.redbluffdailynews.com Click on Subscription Services, upper right on the home page. This statement was filed with the County Clerk of Tehama County on 11/14/2012 BEVERLY ROSS Tehama County Clerk & Recorder Publish: November 29, December 6, 13 & 20, 2012 LEGAL NOTICE EL CAMINO IRRIGATION DISTRICT 2013 STANDBY ASSESSMENT DUE AND PAYABLE Notice is hereby given that the Standby Assessment of the El Camino Irrigation District levied in the year 2013 are due and payable. The first installment of such assessment, if unpaid will be delinquent at 4:30 P.M. on January 15, 2013 and a penalty of 10 percent (10%) will be added thereto. The second installment of such assessment if unpaid, will be delinquent at 4:30 P.M. on June 3, 2013 and a five percent (5%) penalty will be added thereto and in addition, cost of $5.00 on each parcel of land separately assessed will be added. Said assessments may be paid at the District office, located at 8451 Hwy. 99-W, 21/2 miles southwest of Gerber, CA., between the hours of 8:00 A.M. to 12:00 P.M. and 12:30 P.M. to 4:30 P.M. each week Monday thru Friday, except Saturdays, Sundays and Holidays (will be the following work day). You can also mail the assessments payments to: El Camino Irrigation District 8451 Hwy. 99-W Gerber, CA 96035 Dated: November 15, 2012 El Camino Irrigation District By Linda Lovelace Secretary/Bookkeeper Publish: November 29 & December 6, 2012 Advertise In The Classifieds... Red Bluff Daily News 527-2151 Website: redbluffdailynews.com E-Mail: advertise@redbluffdailynews.com