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B4 THE COAST NEWS OCT. 3, 2008 Gun control group backs Leibham NORTH COUNTY — The Brady Campaign to Prevent Gun Violence, along with its California chapters, has endorsed Nick Leibham for election to Congress from California’s 50th Congressional District. “Nick Leibham has served his community as a teacher and as a prosecutor, and he strongly supports common sense gun laws to make it harder for dangerous people to get dangerous weapons,” Paul Helmke, president of the Brady Campaign, said. “With his service as a prosecutor, he knows we need strong gun laws to put gun criminals behind bars.” The Brady Campaign endorsed Leibham in his June primary and is urging candidates for public office to support specific steps to help make American communities safer, such as: — Requiring Brady criminal background checks on all gun sales, including at gun shows. — Strengthening law enforcement’s efforts to disrupt the illegal gun market, by providing tools to crack down on corrupt gun dealers and stop the large-volume gun sales that supply gun traffickers. — Restricting civilian access to military-style assault weapons. “We make it too easy for dangerous people to get TURN TO GUN CONTROL ON B9 Local sixth-grader organizes chess club NORTH COUNTY — Now a sixth-grader, Alexander Goddard learned how to set up the chess board and how the pieces moved when he was 2 years old and at age 7 was assistant director on Friday evenings at a tournament that Academic Chess held for kids in Escondido. This tournament ran for more than a year. Learning that the North County Chess Club was closing its doors at the beginning of 2008, young chess organizer Alexander convinced his older brother Zakary to put together a club in Escondido, as he wasn’t of legal age to do it himself. Nineteen-year-old Zakary set up shop and acquired the business license, while Alex manages the club. Back in May, Alex started teaching chess at the San Marcos Library, located at 2 Civic Center Drive in San Marcos. He found that interest in the game is growing. Alex is back at the library through December on Wednesdays from 3 to 4:30 p.m. Alex feels that video games don’t challenge him enough and that a lot of time and money are wasted on them. Chess, on the other hand, sharpens the mind and makes CARLSBAD — Treasured objects and artifacts held by the Carlsbad Leo Carrillo Ranch Historic Park will be preserved for future generations with help from the Institute of Museum and Library Services Connecting to Collections Bookshelf. A core set of conservation books, DVDs, and online resources have been donated by the IMLS, the primary source of federal fund- CHESS CENTRAL At the Escondido Chess Club, organized by 7-year-old Alexander Goddard and his brother Zakary, Gregory Baumann, of Carlsbad, studies his next move. The group, which has players from all over San Diego County, meets at 7 p.m. at the 2427 S. Centre City Parkway in Escondido, Visit the club’s Web page at www.escondidochess.com or call (760) 317-1744 for details. Courtesy photo you think, according to Alex. This new chess club has the only regular USCF rated tournaments in North County. Players can sharpen their skills on Thursday evenings. The club’s Web page, www.escondidochess.com, has an active forum for questions, answers, and sharing. The club’s phone ing of the nation’s museums and libraries. The IMLS addresses such topics as the philosophy and ethics of collecting, collections management and planning, emergency preparedness, and culturally specific conservation issues. The city was awarded the collection as part of a nationwide competitive process. “These libraries, museums, number is (760) 317-1744. Alex hopes that there is enough interest in the game that he can start unrated tournaments soon, maybe on Friday night. Contact Sandy Coleman at Sandra.Coleman@sdcounty.ca. gov or at (760) 891-3000 for details. Federal funding awarded for Carrillo Ranch and archives, such as those at Leo Carrillo Ranch, are in the forefront of our call to action on behalf of America’s collections,” Anne- Imelda Radice, director of IMLS, said. “According to a recent national survey, our important collections are at great risk, and without them, the American story simply cannot be told to future generations.” Leo Carrillo Ranch Historic Park is a 27-acre designated Historic National Landmark that was opened to the public in August 2003. The park was once owned by actor and preservationist Leo Carrillo, who is perhaps best known for playing the role of Pancho in “The Cisco Kid” television series of the 1950s. For more information, call (760) 476-1042 or visit www.leocarrilloranch.org. Alexandra R. McIntosh Attorney at Law STOP CREDITOR CALLS! INITIAL CONSULTATION NO CHARGE WE CAN HELP YOU FILE FOR BANKRUPTCY 760-753-5357 858-793-8095 2214 Faraday CARLSBAD Theater students put on ‘Our Town’ ■ Play focuses on ordinary folk interacting OCEANSIDE — The MiraCosta Theatre Department will present Thornton Wilder’s “Our Town,” in the MiraCosta College Theatre, 1 Barnard Drive, at 7:30 p.m. Oct. 3, Oct. 4, Oct. 9, Oct. 10 and Oct. 11, and at 2 p.m. Oct. 5 and Oct. 12. General admission is $12, seniors/staff are $10, and students $8. A preview performance is scheduled for 7:30 p.m. Oct. 2, where all seats are $8. “Our Town” stars Carlsbad residents Mary Relator, playing Mrs. Gibbs; Aimee Burdette as Rebecca Gibbs; and Garrett Bales as Simon Stimson; Vista residents Bernard Kopsho as Stage Manager; Hayley Palmer as Emily Webb; Amanda Dane as Mrs. Webb; and Patricia Sullivan as Mrs. Soames; Del Mar resident Ryan Kidd as George Gibbs; Oceanside resident Michael Thomas as Doc Gibb; and Encinitas resident Sassan Saffari as Mr. Webb. “Our Town,” directed by Tracy Williams, is a character study that details the everyday interactions between citizens of Grover’s Corners, a fictional, early- 20th century town. “I am so excited to have the opportunity to direct this play,” Williams said. “My father directed it when I was a young girl in a community theater in Huntington Beach. We used to get up at five in the morning for rehearsals. I wasn’t cast in the play, but loved watching the rehearsal process so much that I would join him in the wee hours. I remember being moved by this play even as a child of 10 or 11. It has been on my list of plays I wanted to direct for many years ... I finally have the right group to do it with.” Tickets are available online at www.miracosta. edu/events or by calling the MiraCosta College Box Office at (760) 795-6815. • Professional • Licensed • Bonded LUCID Window Cleaning We clean them right, clear and bright! LucidPanes@gmail.com 760.583.1961
THE COAST NEWS OCT. 3, 2008 B5 Legals 800 Legals 800 Legals 800 Legals 800 Legals 800 Legals 800 Legals 800 Loan: 2003166426 Investor No: Other: 3788283 TS#: 08-76383 A.P.N. 158-800-07 NOTICE OF TRUSTEE'S SALE UNDER DEED OF TRUST YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 9/29/2005, UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLA- NATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. Notice is hereby given that the real property for which the address is purported to be: 4208 Old Grove Road Oceanside, CA 92057 Assessor’s Parcel Number: 158-800-07 will be sold at public auction at At the entrance to the East County Regional Center by statue, 250 E. Main Street, El Cajon, CA on 10/24/2008, at 10:00AM to the highest bidder, payable at the time of sale, for cash or 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 California. The undersigned Trustee disclaims any liability for any incorrectness of the property 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 satisfy the indebtedness evidenced by said Deed, executed by Andreas Jakub Kurniadi and Rachel Kurniadi, Husband and Wife as joint tenants as trustor, recorded on 10/06/2005 as Instrument No. 2005-0866512, in Book No. , page , of the Official records of San Diego County, California. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonably estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is $553,258.80. In the event tender other than cash is accepted the Trustee may withhold the issuance of Trustee’s Deed until funds become available to the payee or endorse as a matter of right. Dated: 9/29/2008 Five Star Service Corporation, as said Trustee C/o its agent Pite Duncan, LLP 525 East Main Street El Cajon, CA 92022-2289 For Sales Information Call: (714) 573-1965 By: Julissa Grossmann Declaration of Due Diligence CA Civil Code Section 2923.5 (c) I, the undersigned, am an officer of CitiMortgage, Inc., servicing agent for the beneficiary of a Deed of Trust encumbering real property located at 4208 Old Grove Road Oceanside, CA 92057 executed by Andreas Jakub Kurniadi and Rachel Kurniadi as grantor/mortgagor(s) and borrower(s), and I declare as follows in support of the filing of the Notice of Sale: 1. A Notice of Default pursuant to California Civil Code Section 2924 was filed prior to September 6, 2008 and a Notice of Rescission of said Notice of Default has not been filed 2. Pursuant to California Civil Code Section 2923.5(c), as a prerequi- site to the filing of a Notice of Sale under California Civil Code Section 2924(f): [ ] CitiMortgage, Inc., has contacted the borrower to assess the borrower’s financial situation and to explore options for the borrower to avoid foreclosure. [X] Citimortgage, Inc., has attempted without success to contact the borrower as follows: Made numerous calls to borrower at all known phone numbers [ ] The borrower has surrendered the property as evidenced by either a letter confirming the surrender or delivery of the keys to the property. [ ] The Borrower has contract- ed with an organization, person, or entity whose primary business is advising people who have decided to leave their homes on how to extend the foreclosure process and avoid their contractu- al obligations to mortgagees or beneficiaries. [ ] The borrower has filed for bankruptcy, and the proceedings have not been final- ized. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 09/29/08, at O’Fallon, MO. By: Tamra Williams Name: Tamra Williams Title: Supervisor P474926. 10/3, 10/10, 10/17/2008 CN 6855 Trustee Sale No.: 20080187404093 Title Order No.: 1161055 FHA/VA/PMI No.: NONE NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 4/20/2006. 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 PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. NDex West, LLC, as duly appointed Trustee under and pursuant to Deed of Trust Recorded on 04/28/2006 as Instrument No. 2006-0300715 of official records in the office of the County Recorder of San Diego County, State of California. Executed By: William Bernardino Lopez, will sell at public auction to highest bidder for cash, cashier’s check/cash equivalent or other form of payment authorized by 2924h(b), (payable at time of sale in lawful money of the United States). Date of Sale: 10/23/2008 Time of Sale: 10:00 AM Place of Sale: At the entrance to the East County Regional Center by statue, 250 E. Main Street, El Cajon, CA. Street Address and other common designation, if any, of the real property described above is purported to be: 828 IDA AVENUE, SOLANA BEACH,CA 92075 APN#: 298-293- 02-09 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, 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. 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 Sale is $461,765.52. The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to sell to be recorded in the County where the real property is located. For Trustee Sale Information Please Call: Priority Posting & Publication 17501 Irvine Blvd., Suite One Tustin, CA 92780 714- 573-1965 www.priorityposting.com NDex West, LLC as Authorized Agent Dated: 10/01/2008 NDex West, LLC may be acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. P474864 10/3, 10/10, 10/17/2008 CN 6853 Trustee Sale # CA0918431 Loan# 1915419994 Order # 3673686 NOTICE OF TRUSTEE’S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 10/16/2006. 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 PROCEED- INGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 10/23/2008 at 10:00AM, MTC FINANCIAL INC., dba TRUSTEE CORPS as the duly appointed Substituted Trustee under and pursuant to Deed of Trust Recorded on 10/23/2006 as Document No. 2006-0750463 of official records in the Office of the Recorder of San Diego County, CALIFORNIA, executed by, DAWN KANE, AN UNMAR- RIED WOMAN., as Trustor, HOME123 CORPORATION, A CALIFORNIA CORPORATION., 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 # 158-190-59-17 A CONDO- MINIUM CONSISTING OF THE FOLLOWING: PARCEL 1: (A) A SEPARATE INTEREST IN UNIT U-133, AS SHOWN ON THAT CERTAIN CONDOMINIUM PLAN ENTITLED "CONDOMINIUM PLAN FOR FOREST GLEN CON- DOMINIUMS - PARCEL "B" AND LOT 4" RECORDED ON AUGUST 3, 2006 AS DOCUMENT NO. 2006-0550643, IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, CALI- FORNIA (HEREINAFTER THE "CONDOMINIUM PLAN" OR "PLAN"), AND (B) AN UNDIVID- ED ONE - EIGHTY-EIGHTH (1/88TH) FRACTIONAL INTER- EST ("FRACTIONAL INTER- EST") IN AND TO THE "UNDI- VIDED INTEREST COMMON AREA" AS DESCRIBED IN THE PLAN AND THE DECLARATION DESCRIBED HEREINAFTER. SAID UNIT AND FRACTIONAL INTEREST IS LOCATED WITHIN THE BOUNDARIES OF THAT CERTAIN REAL PROPERTY DESCRIBED AS: PARCEL "B" OF CITY OF OCEANSIDE CER- TIFICATE OF COMPLIANCE NO. PLA-01-06 RECORDED ON MAY 15, 2006 AS DOCUMENT NO. 2006-0342100 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MORE PARTICULARLY DESCRIBED AS: LOTS 5 AND 6 OF MEADOW- BROOK CONDOMINIUMS, IN THE CITY OF OCEANSIDE, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10222, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON SEP- TEMBER 29, 1981. EXCEPTING THEREFROM, ALL MINERALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUBSTANCES AND ALL UNDERGROUND WATER IN OR UNDER OR WHICH MAY BE PRODUCED FROM SUCH LOT WHICH UNDERLIES A PLANE PARAL- LEL TO AND 550 FEET BELOW THE PRESENT SURFACE OF SUCH LOT FOR THE PURPOSE OF PROSPECTING FOR, THE EXPLORATION, DEVELOP- MENT, PRODUCTION, EXTRAC- TION AND TAKING OF SAID MINERALS, OIL, GAS, PETRO- LEUM, OTHER HYDROCARBON SUBSTANCES AND WATER FROM SUCH LOT BY MEANS OF MINES, WELLS, DERRICKS OR OTHER EQUIPMENT FROM SURFACE LOCATIONS ON ADJOINING OR NEIGHBORING LAND OR LYING OUTSIDE OF THE ABOVE-DESCRIBED LOT, IT BEING UNDERSTOOD THAT THE OWNER OF SUCH MINER- ALS, OIL, GAS, PETROLEUM, OTHER HYDROCARBON SUB- STANCES AND WATER, AS SET FORTH ABOVE, SHALL HAVE NO RIGHT TO ENTER UPON THE SURFACE OR ANY POR- TION THEREOF ABOVE SUCH PLANE PARALLEL TO AND 550 FEET BELOW THE PRESENT SURFACE OF SUCH LOTS FOR ANY PURPOSE WHATSOEVER. PARCEL 2: EXCLUSIVE USE AREAS THE EXCLUSIVE RIGHT TO THE USE, POSSESSION AND OCCUPANCY OF THOSE POR- TIONS OF THE ASSOCIATION AREA DEFINED IN THE DECLA- RATION DESCRIBED HERE- INAFTER AND IN THE PLAN AS "EXCLUSIVE USE AREAS," BEARING THE SAME NUMERI- CAL DESIGNATION AS THE UNIT DESCRIBED IN PARCEL 1 ABOVE, WHICH SHALL BE APPURTENANT TO PARCEL 1 DESCRIBED ABOVE. PARCEL 3: VEHICULAR SPACE EASE- MENT(S): THE EXCLUSIVE RIGHT TO THE USE, POSSES- SION, AND OCCUPANCY OF THE FOLLOWING "VEHICULAR SPACE" AS AN "EXCLUSIVE EASEMENT" AS DEFINED, DESCRIBED AND OR SHOWN, AND SUBJECT TO THE LIMITA- TIONS, COVENANTS, CONDI- TIONS, RESTRICTIONS AND EASEMENTS IN DECLARATION AND/OR THE PLAN: CP- 232,WHICH VEHICULAR SPACE SHALL BE ASSIGNED AND APPURTENANT TO PARCEL 1 DESCRIBED ABOVE. THE FORE- GOING NOTWITHSTANDING, THE VEHICULAR SPACE EASE- MENT(S) ASSIGNED HEREIN AS AN APPURTENANT TO THE UNIT DESCRIBED IN PARCEL 1 MAY BE TRANSFERRED AND/OR REASSIGNED FROM SUCH UNIT AND/OR A NEW VEHICULAR SPACE EASEMENT ASSIGNED TO SUCH UNIT, IN ACCORDANCE WITH THE PRO- VISIONS THEREFOR CON- TAINED IN THE DECLARATION. PARCEL 4: NON-EXCLUSIVE EASEMENTS - ASSOCIATION AREA NONEXCLUSIVE EASE- MENTS ON, IN, OVER AND THROUGH THE ASSOCIATION AREA AS DEFINED IN THE DECLARATION AND DEFINED AND IDENTIFIED IN THE PLAN, EXCEPTING THEREFROM ALL UNITS AND THE APPUR- TENANT EXCLUSIVE USE AREAS, FOR PURPOSES OF (A) INGRESS, EGRESS, ACCESS THROUGH, ON AND OVER THE VEHICULAR AND PEDESTRIAN ACCESS AREAS THEREIN, (B) ACCESS TO AND USE OF (INCLUDING THE RIGHT TO INSTALL, MAINTAIN, REPAIR OR REPLACE) ANY UTILITY OR RELATED LINES AND EQUIPMENT IN ORDER TO PROVIDE UTILITY OR RELAT- ED SERVICES TO PARCEL 1, 2, AND 3 ABOVE; SUBJECT TO, HOWEVER, ANY RESTRIC- TIONS LIMITATIONS AND CON- DITIONS DESCRIBED IN THE DECLARATION, AND FURTHER EXCEPTING ANY PORTIONS OF THE ASSOCIATION PROPERTY OVER WHICH THE GRANTOR HEREIN, AS DECLARANT, MAY HAVE AN EASEMENT OR OTHER SIMILAR RESTRIC- TION, AS MAY BE PROVIDED IN THE DECLARATION. THE EASE- MENTS GRANTED HEREIN SHALL BECOME EFFECTIVE UPON RECORDATION OF THIS DEED WITH THE SAN DIEGO COUNTY RECORDER, SAN DIEGO, CALIFORNIA. The street address and other common designation, if any, of the real property described above is purported to be: 615 FREDRICKS AVENUE #133, OCEANSIDE, CA 92054 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: $213,389.78 (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 a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded in the County where the real property is located and more than three months have elapsed since such recordation. Compliance with California Civil Code Section 2923.5: The Beneficiary or Beneficiary’s agent has indicated that the requirements of California Civil Code Section 2923.5 have been meet. See Exhibit “A” attached hereto and made a part hereof. Compliance with California Civil Code Section 2924.8: See Exhbiit “B” attached hereto and made a part hereof. Dated: 10/03/2008 MTC FINAN- CIAL INC. DBA TRUSTEE CORPS, as Successor Trustee By: LAMAI S. EVANS, TRUSTEE SALES OFFICER *TRUSTEE CORPS* 2112 BUSINESS CEN- TER DRIVE, 2ND FLOOR, IRVINE, CA 92612 FOR SALE INFORMATION CONTACT: (714)573-1965, (714) 573-7777, (949) 252-8300 FOR REINSTATE- MENT / PAY OFF REQUESTS CONTACT: (949) 252-8300 P475142 10/3, 10/10, 10/17/2008 CN 6851 TSG No.: 3735123 TS No.: 20089070803555 FHA/VA/PMI No.: Notice Of Trustee's Sale YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 06/25/2007. 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. On 10/23/2008 at 10:00 AM, First American Loanstar Trustee Services, as duly appointed Trustee under and pursuant to Deed of Trust recorded 06/29/2007, as Instrument No.2007-0441202, in book ,page , of Official Records in the office of the County Recorder of San Diego County, State of California. Executed by: Robert Damaro, Lori Lee Damaro, will sell at public auction to highest bidder for cash, cashier’s check/cash equivalent or other form of payment authorized by 2924h(b), (payable at time of sale in lawful money of the United States) At the entrance to the East County Regional Center by statue, 250 E. Main Street, El Cajon, CA. 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 described as: As more fully described in the above mentioned Deed of Trust APN# 156-211-25 The street address and other common designation, if any, of the real property described above is purported to be: 1659 JAMES DRIVE , CARLSBAD, CA, 92008 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, 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. 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 Sale is $662,556.55 The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to sell to be recorded in the County where the real property is located. Requirements of SB1137 have been met pursuant to the Notice of Sale Declaration of record. Date: 09/26/2008 First American Title Insurance Company First American LoanStar Trustee Services 3 First American Way Santa Ana, CA 92707 First American Loanstar Trustee Services may be acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. Original document signed by Authorized Agent For Trustee’s Sale Information Please Call (714) 573-1965 P474546 10/3, 10/10, 10/17/2008 CN 6847 NOTICE OF TRUSTEE’S SALE Title Order No.: 30141453 Trustee Sale No.: 51942 Loan No.: 9041338906 APN: 158-030-39-22 You are in Default under a Deed of Trust dated 01/25/2005. 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 10/23/2008 at 10:00 A.M., DSL Service Company as the duly appointed Trustee under and pursuant to Deed of Trust Recorded on 2/03/05 as Instrument #2005-0091438 of official records in the Office of the Recorder of San Diego County, California, executed by: Jenny V. Custodio, a widow, as Trustor. Downey Savings and Loan Association, F.A., as Beneficiary. WILL SELL AT PUBLIC AUC- TION 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 South entrance to the County Courthouse, 220 West Broadway, San Diego, CA, all right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County, California describing the land therein: As more fully described in said Deed of Trust. 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: 4438 Brisbane Way Unit 3, Oceanside California 92054. 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, to-wit: $404,037.76 (Estimated) Accrued interest and additional advances, if any, will increase this figure prior to sale. The beneficiary under said Deed of Trust heretofore executed and delivered to the undersigned a written Declaration of Default and Demand for Sale, and a written Notice of Default and Election to Sell. The undersigned caused said Notice of Default and Election to Sell to be recorded in the county where the real property is located and more than three months have elapsed since such recordation. Date: 9/23/08 For: DSL Service Company, as Trustee By: FCI Lender Services, Inc., as Agent 8180 East Kaiser Blvd., Anaheim Hills, CA 92808 Phone: (714) 282-2424 Sale Information: (714) 282-2430 Vivian Prieto, Vice President FCI Lender Services, Inc. is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose. (RSVP# 127417) (10/03/08, 10/10/08, 10/17/08) CN 6846 NOTICE OF TRUSTEE'S SALE Trustee Sale No. 1185-400) Title Order No. 8300146013-U50 APN 216-410-20-22 TRA No. 19119 YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 08/25/2004. 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 PROCEED- INGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On 10/27/2008 at 10:00A.M., CHICAGO TITLE COMPANY, a California corporation as the duly appointed Trustee under and pursuant to Construction Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing, (the "Deed of Trust") dated as of 08/25/2004 and recorded on 08/30/2004 as Document No. 2004-0823891 of official records in the Office of the Recorder of San Diego County, California, ("Official Records"), executed by: BAR- RATT AMERICAN INCORPO- RATED, a Delaware corporation, as Trustor, BANK OF AMERICA, N.A., a national banking association, as Beneficiary, and pursuant to the Notice of Default and Election to Sell under Deed of Trust recorded 05/13/2008 as Document No. 2008-0255294 of said Official Records, WILL UNDER AND PURSUANT TO THE DEED OF TRUST 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) all right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County, California describing the land therein: LOTS 6 AND 8 OF ENCINITAS, TRACT NO. 03-009, IN THE CITY OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14974 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 3, 2005. I. The following types or items of personal property (the "Collateral") of Barratt American Incorporated, a Delaware corporation ("Debtor"), pledged as collateral in favor of Bank of America, N.A. ("Secured Party"): (a) The Land (as defined below), together with: (i) any and all buildings, structures, improvements, alter- ations or appurtenances situated on the Land as of the date of the Deed of Trust (as defined below) or thereafer (collectively, the "Improvements"); and (ii) all right, title and interest of owned by Debtor as of the date of the Deed of Trust or thereafer acquired by Debtor in and to (A) all streets, roads, alleys, easements, rights of way, licenses, rights of ingress and egress, vehi- cle parking rights and public places, existing or proposed, abutting, adjacent, used in connection with or pertaining to the Land or the Improvements; (B) any strips or gores between the Land and abutting or adjacent properties; (C) all options to purchase the Land or the Improvements or any portion thereof or interest therein, and any greater estate in the Land or the Improvements; (D) all water, water rights (whether riparian, appropriative or otherwise, and whether or not appurtenant), timber, crops and mineral interests on or pertaining to the Land; and (E) all development rights and credits and air rights (the Land, Improvements and other rights, titles and interests referred to in this clause (a) being herein sometimes collectively called the "Premises"); (b) All fixtures, equipment, systems, machinery, furniture, furnishings, appliances, inventory, goods, building and construction materi- als, supplies, and other articles of personal property, of every kind and character, tangible and intan- gible (including software embed- ded therein), owned by Debtor as of the date of the Deed of Trust or acquired by Debtor thereafer, which were as of the date of the Deed of Trust or thereafer attached to or situated in, on or about the Land or the Improvements, or used in or nec- essary to the complete and proper planning, development, use, occupancy or operation thereof or acquired (whether delivered to the Land or stored elsewhere) for use or installation in or on the Land or the Improvements, and all renewals and replacements of, substitutions for and additions to the foregoing (the properties referred to this in the clause (b) being herein sometimes collectively called the "Accessories" all of which are hereby declared to be permanent accessions to the Land): (c) All (i) plans and speci- fications for the Improvements, (ii) Debtor's rights, but not liability for any breach by Debtor, under all commitments (including any commitments for financing to pay any of the Secured Indebtedness), insurance policies (or additional or supplemental coverage related thereto, including from an insurance provider meeting the requirements of the Loan Documents or from or through any state or federal gov- erment-sponsored program or entity), and other contracts and general intangibles (including payment intangibles and any trademarks, trade names, good- will, software and symbols) related to the Premises or the Accessories or the operation thereof, (iii) deposits and deposit accounts arising from or relating to any transactions related to the Premises or the Accessories (including Debtor's rights in tenants' security deposits, deposits with respect to utility services to the Premises, and any deposits, deposit accounts or reserves here- under or under any other Loan Documents for taxes, insurance or otherwise), (iv) rebates or refunds of impact fees or other taxes, assessments or charges, money, accounts (including deposit accounts), instruments, documents, promissory notes and chat- tel paper (whether tangible or electronic) arising from or by virtue of any transactions related to the Premises or the Accessories, (v) permits, licenses, franchises, certificates, development rights, commitments and rights for utilities, and other rights and privileges obtained in connection with the Premises or the Accessories, (vi) Leases, Rents and other benefits of the Premises and the Accessories (without derogation of Article 3 of the Deed of Trust), (vii) as- extracted collateral produced from or allocated to the Land, including oil, gas and other hydro- carbons and other minerals and all products processed or obtained therefrom and the proceeds thereof, and (viii) engineering, accounting, title, legal, and other technical or business data concerning the Property, including software, which are in the possession of Debtor or in which Debtor can otherwise grant a security interest; (d) All (i) accounts and proceeds (whether cash or non-cash and including payment intangibles), of or arising from the properties, rights, titles and interests referred to above, including the proceeds of any sale, lease, or ether disposi- tion thereof proceeds of each poli- cy of insurance, present and future (or additional or supplemental coverage related thereto, including from an insurance provider meeting the requirements of the Loan Documents or from or through any state or federal govemment- sponsored program or entity), payable because of loss sustained to all or part of the Property (including premium refunds), whether or not such insurance policies are required by Secured Party, proceeds of the taking thereof or of any rights appurtenant thereto, including change of grade of streets, curb cuts or other rights of access, by condemnation, eminent domain or transfer in lieu thereof for public or quasi public use under any law, proceeds arising out of any damage thereto, including any and all commercial tort claims, (ii) all letter-of-credit rights (whether or not the letter of credit is evidenced by a writing) Debtor had as of the date of the Deed of Trust or acquired thereafter relating to the properties, rights, titles and interests referred to in this section, (iii) all commercial tort claims Debtor had as of the date of the Deed of Trust or acquired thereafer relating to the properties, rights, titles and interests referred to in this section, and (iv) other interests of every kind and character which Debtor had as of the date of the Deed of Trust or acquired thereafer in, to or for the benefit of the properties, rights, titles and interests referred to above and all property used or useful in connection therewith, including rights of ingress and egress and remain- ders, reversions and reversionary rights or interest; (e) If the estate of Debtor in any of the property referred to above is a leasehold estate, this conveyance shall include, and the lien and security interest created by the Deed of Trust shall encumber and extend to, all other or additional title, estates, interests or rights of Debtor in, or acquired by Debtor to, the property demised under the lease creating the leasehold estate, as of the date of the Deed of Trust or thereafter; and (f) All proceeds and products of, additions and accretions to, substitutions and replacements for, and changes in any of the property referred to above. 2. As used above, the term "Land" mean the real property or interests in it, as described in Exhibit A to the Deed of Trust. All other capital- ized terms used herein without definition shall have the mean- ings given them in the Construction Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture- Filing described in this Notice of Sale (the "Deed of Trust"). 3. Not withstanding anything herein to the contrary, the following types or items of Collateral are express- ly excluded from the sale: (a) All contracts and all future and existing agreements for the design, construction, operation or inspec- tion of the Improvements (including, without limitation, all archi- tect contracts, engineering contracts and construction contracts) (collectively, "Construction Documents"); and (b) all obligations or liabilities of Debtor under all other agreements or contracts relating to or otherwise arising in connection with or derived from the Property or any other part of the Collateral. Place of Sale: the South entrance to the County Courthouse 220 West Broadway San Diego, CA Beneficiary Phone: (714) 513-5100 Beneficiary: BANK OF AMERI- CA, N.A., c/o SHEPPARD, MULLIN, RICHTER & HAMP- TON LLP, ATTN: DAVID HENGSTLER, ESQ., 650 TOWN CENTER DRIVE, COSTA MESA, CA 92626 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: unknown; directions may be obtained pursuant to written request submitted to the beneficiary within 10 days of the first publication of this notice at the address provided above. 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, to-wit: $77,970,955.94 (Estimated through 10/16/08) There are 13 additional Deeds of Trust (subject of Trustee's Sale
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