NOTICE OF TRUSTEE'S SALE Trustee Sale

92602 | 06/30/2020 | Ad id: 4-0000595260-01
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NOTICE OF TRUSTEE'S SALE Trustee Sale No. 20-00016-2 Loan No: 4105/Daniels APN 036-190-036-000 NOTE: THERE IS A SUMMARY OF THE INFORMATION IN THIS DOCUMENT ATTACHED (The above statement is made pursuant to CA Civil Code Section2923.3(d)(1). The Summary will not be recorded pursuant to CA Civil Code Section2923.3(a). It will be mailed to the Trustor(s) and/or vested owner(s) only, pursuant to CA Civil Code Section2923.3(d)(2).) YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED MARCH 3, 2003. 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 July 21, 2020, at 12:30 PM, at the Main Entrance to the Courthouse, 201 Church St, Nevada City, CA 95959, FIDELITY NATIONAL TITLE COMPANY, as the duly appointed Trustee (the "Trustee"), under and pursuant to the power of sale contained in that certain Deed of Trust recorded on March 10, 2003, as Instrument No. 2003-0011898-00 of official records in the office of the Recorder of Nevada County, CA, executed by: Clay Daniels and Glenda Daniels, husband and wife as joint tenants, as Trustor (the "Trustor"), in favor of Citizens Bank of Nevada County, as Beneficiary, together with that certain Modification of Deed of Trust dated as of March 13, 2006, recorded in the official records in the office of the Recorder of Nevada County, California on March 17, 2006, as Instrument No. 2006-0008452-00, and any modifications thereto are collectively referred to herein from time to time as the "Deed of Trust", 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: PARCEL NO. 1: A PORTION OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 14 NORTH, RANGE 9 EAST, M.D.B.andM., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER, COINCIDENT WITH THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL DEEDED BY EDWIN W. MORTON, ET UX, TO ROY BROWN, ET UX, AND RECORDED MAY 22,1958, IN THE OFFICE OF THE COUNTY RECORDER OF NEVADA COUNTY IN BOOK 246, AT PAGE 145, OFFICIAL RECORDS, FROM WHICH THE SOUTH QUARTER CORNER OF SECTION 9 BEARS THE FOLLOWING TWO COURSES: SOUTH 89 DEGREES 25 MINUTES WEST 837.06 FEET AND SOUTH 25 DEGREES 04 MINUTES WEST 729.61 FEET; THENCE NORTH 0 DEGREES 47 MINUTES WEST 660.0 FEET ALONG THE EAST LINE OF THE BROWN PROPERTY TO THE NORTHEAST CORNER THEREOF, A POINT ON THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE NORTH 89 DEGREES 25 MINUTES EAST 52.94 FEET ALONG SAID SOUTH LINE TO THE NORTHWEST CORNER OF THAT CERTAIN PARCEL DEED BY EDWIN W. NORTON, ET UX, TO N. S. CATHREN, ET UX, AND RECORDED JULY 1, 1958, IN THE OFFICE OF THE COUNTY RECORDER OF NEVADA COUNTY IN BOOK 247 OF OFFICIAL RECORDS, AT PAGE 366; THENCE SOUTH 0 DEGREES 47 MINUTES EAST ALONG THE WEST LINE OF THE CATHREN PROPERTY 660.0 FEET TO THE SOUTHWEST CORNER, THE SOUTHEAST CORNER OF THE PROPERTY HEREWITH DESCRIBED; THENCE SOUTH 89 DEGREES 25 MINUTES WEST 52.94 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM A PORTION OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 9 EAST, M.D.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL DEEDED TO CLAY DANIELS, ET UX, RECORDED ON JANUARY 25, 1989, BY DOCUMENT NO. 8901938, IN THE OFFICE OF THE COUNTY RECORDER OF NEVADA COUNTY, FROM WHICH THE SOUTH QUARTER CORNER OF SECTION 9 BEARS THE FOLLOWING TWO COURSES: SOUTH 89 DEGREES 25 MINUTES WEST 837.06 FEET AND SOUTH 25 DEGREES 04 MINUTES WEST 729.61 FEET; THENCE NORTH 00 DEGREES 47 MINUTES 06 SECONDS WEST ALONG THE WEST LINE OF THE SAID DANIELS PROPERTY 335.53 FEET TO A SET 3/4-INCH IRON PIPE; THENCE NORTH 89 DEGREES 13 MINUTES 54 SECONDS EAST 52.94 FEET TO A SET 3/4-INCH IRON PIPE ON THE EAST LINE OF SAID DANIELS PROPERTY; THENCE SOUTH 00 DEGREES 47 MINUTES 06 SECONDS EAST ALONG SAID EAST LINE 335.70 FEET TO THE SOUTHEAST CORNER OF SAID DANIELS PROPERTY; THENCE SOUTH 89 DEGREES 25 MINUTES WEST ALONG THE SOUTH LINE OF SAID DANIELS PROPERTY 52.94 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM ALL MINERALS, MINERAL MATTER, EARTH AND ROCK LYING 50 FEET OR MORE BELOW THE SURFACE, WITH THE RIGHT TO EXTRACT THE SAME WITHOUT DISTURBING THE SURFACE THEREOF, AS RESERVED IN DEED DATED NOVEMBER 7, 1958, RECORDED NOVEMBER 12, 1958, IN BOOK 252 OF OFFICIAL RECORDS, AT PAGE 552, EXECUTED BY EDWIN NORTON, ET UX, TO ORVILLE MOORE, ET UX. PARCEL NO. 2: ALL THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 9 EAST, M.D.B.andM., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 9, FROM WHICH THE SOUTH QUARTER SECTION CORNER OF SECTION 9 BEARS THE FOLLOWING THREE COURSES: SOUTH 88 DEGREES 48 MINUTES 43 SECONDS WEST 837.06 FEET; THENCE SOUTH 0 DEGREES 47 MINUTES EAST 681.96 FEET; AND THENCE SOUTH 25 DEGREES 04 MINUTES WEST 729.61 FEET; THENCE FROM SAID POINT OF COMMENCEMENT SOUTH 0 DEGREES 47 MINUTES 06 SECONDS EAST 208.00 FEET; THENCE SOUTH 88 DEGREES 48 MINUTES 43 SECONDS WEST 105.00 FEET; THENCE NORTH 0 DEGREES 47 MINUTES 06 SECONDS WEST 208.00 FEET TO A POINT IN THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 48 MINUTES 43 SECONDS EAST 105.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ALL MINERAL, MINERAL MATTER, EARTH AND ROCK LYING 50 FEET OR MORE BELOW THE SURFACE, WITH THE RIGHT TO EXTRACT THE SAME WITHOUT DISTURBING THE SURFACE THEREOF AS SET FORTH IN THE DEED DATED MAY 16, 1958, IN BOOK 246, PAGE 145, OFFICIAL RECORDS, EXECUTED BY EDWIN W. MORTON, ET UX, TO ROY BROWN, ET UX. PARCEL NO. 3: A PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 9 EAST, M.D.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND DEEDED TO CLAY DANIELS, ET UX, RECORDED JANUARY 25, 1989, BY DOCUMENT NO. 89-01938, IN THE OFFICE OF THE COUNTY RECORDER OF NEVADA COUNTY; THENCE ALONG THE WEST, SOUTH AND WEST LINES OF SAID DANIELS PARCEL OF LAND THE FOLLOWING THREE COURSES AND DISTANCES: SOUTH 00 DEGREES 47 MINUTES 06 SECONDS EAST 208.00 FEET; NORTH 88 DEGREES 48 MINUTES 43 SECONDS EAST 105.00 FEET AND SOUTH 00 DEGREES 47 MINUTES 06 SECONDS EAST 147.27 FEET TO A SET 3/4-INCH IRON PIPE; THENCE NORTH 55 DEGREES 21 MINUTES 20 SECONDS WEST 183.78 FEET TO A SET 3/4-INCH IRON PIPE; THENCE NORTH 09 DEGREES 26 MINUTES 42 SECONDS EAST 252.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM A PORTION OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 16 NORTH, RANGE 9 EAST, M.D.B.andM., IN THE UNINCORPORATED TERRITORY OF NEVADA COUNTY, CALIFORNIA, ALSO BEING A PORTION OF THE PROPERTY DESCRIBED IN DEED TO CLAY DANIELS RECORDED IN DOCUMENT NO. 89-01938 OFFICIAL RECORDS OF NEVADA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID DANIELS PARCEL AND RUNNING NORTH 88 DEGREES 48 MINUTES 43 SECONDS EAST ALONG THE NORTH LINE OF SAID DANIELS PARCEL FOR A DISTANCE OF 157.94 FEET TO THE NORTHEAST CORNER OF SAID DANIELS PARCEL; THENCE SOUTH 00 DEGREES 47 MINUTES 06 SECONDS EAST ALONG THE EAST LINE OF SAID DANIELS PARCEL FOR A DISTANCE OF 143.03 FEET TO THE CENTERLINE OF PASQUALE ROAD; THENCE ALONG SAID ROAD CENTERLINE ON THE FOLLOWING FOUR (4) CONSECUTIVE COURSES: (1) NORTH 62 DEGREES 33 MINUTES 49 SECONDS WEST 96.05 FEET; (2) NORTH 53 DEGREES 18 MINUTES 01 SECONDS WEST 59.27 FEET; (3) NORTH 58 DEGREES 59 MINUTES 17 SECONDS WEST 30.91 FEET AND (4) NORTH 58 DEGREES 59 MINUTES 17 SECONDS WEST 8.43 FEET TO A POINT ON THE WEST LINE OF SAID DANIELS PARCEL; THENCE NORTH 09 DEGREES 26 MINUTES 42 SECONDS EAST ALONG SAID WEST LINE FOR A DISTANCE OF 40.34 FEET 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 714.730.2727 or visit this Internet Website www.servicelinkasap.com, using the file number assigned to this case 20-00016-2. 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 Website. The best way to verify postponement information is to attend the scheduled sale. The real 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: 12615 Pasquale Road, Nevada City, 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 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 $136,278.19 (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: June 23, 2020 FIDELITY NATIONAL TITLE COMPANY, TRUSTEE 20-00016-2 1101 Investment Blvd., Suite 170 El Dorado Hills, CA 95762 916-636-0114 Jenny Taylor, Authorized Signor SALE INFORMATION CAN BE OBTAINED ON LINE AT www.servicelinkasap.com AUTOMATED SALES INFORMATION PLEASE CALL 714.730.2727 A-4724904 06/30/2020, 07/07/2020, 07/14/2020