Trustee Sale No s3

Trustee Sale No. 09-25301 Loan No. 2320 FARADAY Title Order No. 4214032 Sales Line: (714) 573-1965 Notice of Trustee's Sale Unified Sale YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 01-03-2008. 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 11-30-2009 at 10:00 AM, First American Title Insurance Company as the duly appointed Trustee under and pursuant to Deed of Trust and Security Agreement and Fixture Financing Statement Recorded 01-11-2008, Instrument 2008-0012853, and as modified by the First Amendment to Deed of Trust and Security Agreement and Fixture Financing Statement recorded on 02-13-2008, Instrument 2008-0074625 of official records in the Office of the Recorder of San Diego County, California, executed by: Michael M. Salour, as trustee of the Michael M. Salour living trust dated September 9, 1986, as Mortgagor Thrivent Financial for Lutherans, as original Mortgagee, will sell at public auction to the highest bidder for cash, cashier's check drawn by a state or national bank, a cashier’s check drawn by a state or federal credit union, or a cashier's check drawn by a state or federal savings and loan association, savings association, or savings bank specified in section 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 warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the note(s) secured by the Deed of Trust, interest 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: At the entrance to the East County Regional Center by statue - 250 E. Main Street, El Cajon, CA Legal Description: Parcel A: Lot 3 of Carlsbad tract no. 84-9, in the City of Carlsbad, County of San Diego, State of California, according to map thereof no. 11230, filed in the office of the County Recorder of San Diego County, May 10, 1985. Parcel B: A non-exclusive easement on, over and under the common area as defined and shown pursuant to declaration of covenants, conditions and restrictions recorded April 22, 1982 as instrument no. 1982-114942 and as further modified/amended on December 10, 1987 as instrument no. 1987-682096, January 19, 1988 as instrument no. 1988-024160, June 29, 1988 as instrument no. 1988-313420; and September 18, 2001 as instrument no. 2001-0671492, all of official records and further defined and shown pursuant to the covenants, conditions and restrictions recorded January 19, 1988 as instrument no. 1988-024159 as further modified/amended on August 8, 1988 as instrument no. 1988- 387705 and April 15, 1993 as instrument no. 1993-232850, all of official records for the purpose of ingress and egress, parking, the construction, installation, maintenance, removal, replacements, operation and use of utilities, including but not limited to sewers, water and gas pipes, drainage lines and systems, electric power, conduit lines and wiring, telephone conduits, lines and wires and other utilities, public or private, beneath the ground surface (except vaults, vents, access structures and other facilities required to be above ground), subject to the terms, as more particularly set forth in the declaration of restrictions. Amount of unpaid balance and other charges: $3,728,388.72 (estimated) Street address and other common designation of the real property purported as: 2320 Faraday Avenue Carlsbad CA 92008 APN Number: 212-061-29 Notice is further given pursuant to Section 9604 of the California Commercial Code, and by reason of default under that certain Security Agreement dated 01-03-2008 and filed 01-11-2008 as Instrument Number 2008-0012853 and any amendments or modifications to either of them, that the Trustee will sell simultaneously with the above described real property covered by the Deed of Trust, at the same public auction and under a single bid, certain personal property covered by the Security Agreement dated 01-03-2008, given by the trustor to Mortgagee as Secured Party. The personal property to be sold is described as follows: All properties now owned and hereafter acquired by Mortgagor and used in the operation or maintenance of the buildings and real property commonly known as 2320 Faraday Avenue, City of Carlsbad, County of San Diego, State of California and more particularly described herein (the "Property"); including but not limited to: A. All proceeds, causes of action and claims, both in law and in equity, arising on account of any damage to or taking of the Property, including but not limited to insurance proceeds and condemnation proceeds, and all claims arising on account of any damage to or taking of the Property, and all proceeds, causes of action and claims for any loss or diminution in value of the Property; B. All "Equipment," "Farm Products," "Inventory," "Documents," "Instruments," "Chattel Paper," "Accounts," and "General Intangibles" (as such terms are defined in the California Uniform Commercial Code) relating to, generated from, arising out of or incidental to the ownership, development, use or operation of the Property (whether or not subsequently removed from the Property), including, without limitation, all (i) machinery and tools; (ii) rugs, carpets and other floor coverings; (iii) draperies and drapery rods and brackets, awnings, window shades, venetian blinds and curtains; (iv) lamps, chandeliers and other lighting fixtures; (v) office maintenance and other supplies; (vi) apparatus, appliances, furniture and furnishings, building service equipment, and building materials, supplies and equipment; (vii) rights, royalties, rents, security deposits, advance rentals, revenues, profits and benefits; (viii) leases, lease guarantees, contracts, contract rights, licenses, permits and certificates; (ix) deposits, funds, money and deposit accounts; (x) tenements, hereditaments and appurtenances; (xi) approvals and parcel maps (whether tentative or final), building permits and certificates of occupancy; (xii) names under or by which the Property may at any time be operated or known and rights to carry on business under any such names or any variant thereof; (xiii) trademarks and good will; (xiv) management agreements, service contracts, supply contracts or other contracts or agreements; (xv) warranties; (xvi) water stock; (xvii) shares of stock or other evidence of ownership of any part of the Property that is owned by Mortgagor in common with others, and all documents of membership in any owners' or members' association or similar group having responsibility for managing, maintaining or operating any part of the Property; (xviii) plans and specifications prepared for construction of improvements on the Property, or any part thereof, and studies, data and drawings related thereto, including, without limitation, studies, data or reports relating to toxic or hazardous wastes or materials located on the Property and contracts and agreements of Mortgagor relating to the aforesaid plans and specifications or to the aforesaid studies, data, reports and drawings or to the construction of improvements on the Property; (xix) sales agreements, deposit receipts, escrow agreements and other ancillary documents and agreements entered into respecting the sale to any purchasers of any part of the Property, together with all deposits and other proceeds of the sale thereof; (xx) damages, royalties and revenue of every kind, nature and description whatsoever that Mortgagor may be entitled to receive from any person or entity owning or having or hereafter acquiring a right to the oil, gas or mineral rights and reservations of the Property; (xxi) deposits made with or other security given to utility companies by Mortgagor with respect to the Property and/or Improvements; (xxii) advance payments of insurance premiums made by Mortgagor with respect to, and all claims or demands with respect to, insurance; (xxiii) negotiable certificates of deposit of Mortgagor in Secured Party's possession and all accounts of Mortgagor maintained with Secured Party and each deposit account of Mortgagor assigned to Secured Party pursuant to any agreement; (xxiv) insurance proceeds; (xxv) condemnation awards; (xxvi) causes of action, claims, compensation, awards and recoveries for any damage or injury to the Property or for any loss or diminution in value of the Property; (xxvii) books and records, including, without limitation, all computer records, computer tapes and electronic and electromagnetic representations and reproductions thereof; (xxviii) guaranties of and security for any of the foregoing; (xxix) all substitutions, renewals, improvements, attachments, accessions, additions and replacements to any of the foregoing; and C. All "Proceeds" (as such term is defined in the California Uniform Commercial Code), collections, insurance proceeds and products of any of the property listed in the preceding paragraph, including without limitation, proceeds of any voluntary or involuntary disposition or claim respecting any part thereof (pursuant to judgment, condemnation award or otherwise) and all documents, instruments, general intangibles, goods, equipment, inventory, chattel paper, monies, accounts, deposit accounts and other personal property that may arise from the sale or disposition of any of the foregoing, all guaranties of and security for any of the foregoing, and all books and records, including, without limitation, all computer records, computer tapes and electronic and electromagnetic representations and reproductions thereof, relating to any of the foregoing. D. All leases and any and all guaranties thereof which affect that real property and all rents, revenues, issues, deposits and profits now due, or which may become due, under said leases or arising otherwise out of that real property or any interest therein, together with the immediate and continuing right to collect and receive the same. The undersigned 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”. without covenant or warranty, express or implied, regarding title, possession, encumbrances, condition, suitability for a particular purpose, or the location or existence of any personal property, to satisfy the indebtedness secured by said Deed of Trust and Security Agreement, and any advances thereunder. This notice is given in compliance with a written request made to the Trustee by the Mortgagee. Date: 10-30-2009 First American Title Insurance Company Sales Line: (714) 573-1965 Trustee: (714) 250-3572 Kristina Boyd- Trustee Assistant First American Title Insurance Company 3 First American Way NDTS Division Santa Ana, CA 92707 First American Title Insurance Company is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. P633969 11/6, 11/13, 11/20/2009 CN 8979
Trustee Sale # CA0942819-1 Loan# 0145237384 Order # 922911 NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 6/5/2006. 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 11/30/2009 at 10:00AM, MTC FINANCIAL INC., dba TRUSTEE CORPS as the duly appointed Substituted Trustee under and pursuant to Deed of Trust Recorded on 06/12/2006 as Document No. 2006-0413610 of official records in the Office of the Recorder of San Diego County, CALIFORNIA, executed by, Ezau Garcia Ramirez, a single man, as Trustor, SunTrust Mortgage, INC., as Beneficiary, WILL SELL AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH (payable at time of sale in lawful money of the United States, by cash a cashier's check drawn by 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 Financial Code and authorized to do business in this state). AT: THE ENTRANCE TO THE EAST COUNTY REGIONAL CENTER BY STATUE 250 E. MAIN STREET EL CAJON, CA The property heretofore described is being sold “as is”. 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 describing the land therein: APN # 158-463-33-00 Lot 61 of Santa Fe Hermosa, in the City of Oceanside, County of San Diego, State of California, according to map thereof no. 11416, filed in the office of the County recorder of San Diego County, January 13, 1986. The street address and other common designation, if any, of the real property described above is purported to be: 5119 Mandarin Drive, Oceanside, CA 92056 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, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to pay the remaining principal sum of the Note(s) secured by said Deed of Trust, with interest thereon, as provided in said Note(s), advances, if any, under the terms of the Deed of Trust, estimated fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Trustee’s Sale is: $382,304.30 (estimated amount). Accrued interest and additional advances, if any, will increase this figure prior to sale. If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee and the successful bidder shall have no further recourse. The Beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and