YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED MARCH 27, 2009. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER.
A public auction sale to the highest bidder for cash, cashier's check drawn on a state or national bank, check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings bank specified in Section 5102 of the Financial Code and authorized to do business in this state, will be held by the duly appointed trustee, as shown below, all right, title and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to a Deed of Trust described below. The sale will be made, but without covenant or warranty, expressed or implied, regarding title, possession, or encumbrances, to satisfy the obligation secured by said Deed of Trust. The undersigned Trustee disclaims any liability for any incorrectness of the property address or other common designation, if any, shown herein.
TRUSTOR: Duane Primofiore, an unmarried man
DULY APPOINTED TRUSTEE: Harland Law Firm LLP
DEED OF TRUST RECORDED: April 7, 2009
INSTRUMENT NUMBER: 2009-7188-6 of the Official Records of the Recorder of Humboldt County, California
DATE OF SALE: December 15th, 2020 at 11:00 A.M.
PLACE OF SALE: Front entrance to the County Courthouse, 825 Fifth Street, Eureka, CA 95501
THE COMMON DESIGNATION OF THE PROPERTY IS PURPORTED TO BE: 37788 Alderpoint Rd., Blocksburg, CA 95514. Directions to the property may be obtained by pursuant to a written request submitted to Harland Law Firm LLP, 212 G Street, Suite 201, Eureka, CA 95501, within 10 days from the first publication of this notice.
See Exhibit "A" attached hereto and made a part hereof for the Legal Description.
Amount of unpaid balance and other charges as of November 5, 2020: $518,332.41.
Beneficiary may elect to open bidding at a lesser amount.
The total amount secured by said instrument as of the time of initial publication of this notice is stated above, which includes the total amount of the unpaid balance (including accrued and unpaid interest) and reasonable estimated costs, expenses and advances at the time of initial publication of this notice.
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 fee 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 the trustee's information line at (707) 444-9281. 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. The best way to verify postponement information is to attend the scheduled sale.
DATED: This 5th day of November, 2020 in the city of Eureka, and the county of Humboldt, California.
Harland Law Firm LLP
John S. Lopez, Attorney, and Trustee for Beneficiary
The Mel and Grace McLean Foundation, a California Non-Profit Public Benefit Corporation
Exhibit "A"
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA IN COUNTY OF HUMBOLDT, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL ONE
Those portions of Sections 16 and 21 of Township 1 South, Range 4 East, described as follows:
BEGINNING at a point which bears North 80 degrees 59 minutes 08 seconds West, 1196.68 feet from the section corner to 15, 16, 21, and 22;
thence North 50 degrees 57 minutes 49 seconds East, 213.81 feet;
thence North 31 degrees 26 minutes 54 seconds East, 255.83 feet;
thence North 00 degrees 11 minutes 36 seconds East, 388.47 feet;
thence North 29 degrees 41 minutes 13 seconds West, 240.16 feet;
thence North 10 degrees 05 minutes 04 seconds East, 231.52 feet;
thence North 30 degrees 32 minutes 16 seconds West, 151.00 feet;
thence North 30 degrees 32 minutes 16 seconds West, 59.62 feet;
thence North 44 degrees 47 minutes 32 seconds West, 59.62 feet;
thence North 28 degrees 58 minutes 05 seconds West, 143.14 feet;
thence North 13 degrees 57 minutes 17 seconds West, 264.40 feet;
thence North 66 degrees 33 minutes 11 seconds West, 450.31 feet;
thence South 43 degrees 06 minutes 45 seconds West, 317.31 feet;
thence South 20 degrees 52 minutes 30 seconds West, 323.88 feet;
thence South 39 degrees 33 minutes 56 seconds West, 597.12 feet;
thence North 36 degrees 52 minutes 51 seconds West, 93.84 feet;
thence South 70 degrees 15 minutes 23 seconds West, 159.48 feet;
thence South 38 degrees 35 minutes 55 seconds West, 75.57 feet;
thence South 10 degrees 56 minutes 50 seconds East, 120.35 feet;
thence South 43 degrees 05 minutes 10 seconds West, 152.87 feet;
thence South 28 degrees 45 minutes 19 seconds West, 466.37 feet;
thence South 10 degrees 43 minutes 14 seconds East, 202.28 feet;
thence South 46 degrees 10 minutes 02 seconds East, 75.86 feet;
thence South 2 degrees 30 minutes 07 seconds West, 272.94 feet to Station "L" 12+24.59 E.C. as shown on that certain Record of Survey for the County of Humboldt, recorded at Book 48 of Surveys, Page 89.
Said Station is the center line of Alderpoint Road #6B 165;
thence in an Easterly and Southeasterly direction along the center line of said road, as shown on said Record of Survey, to the center of Martin Creek;
thence Easterly along the center of Martin Creek to the West line of the Northeast Quarter of the Northeast Quarter of Section 21 of said Township and Range;
thence Northerly along said West line to the Northwest corner of the said Northeast Quarter of the Northeast Quarter; thence Northerly to the point of beginning.
PARCEL TWO
All that portion of Sections 16, 17, and 20, Township 1 South, Range 4 East, Humboldt Meridian, described as follows: A non-exclusive easement for recreational ingress and egress for access to a swimming hole, described as follows:
(1) A non-exclusive easement for ingress and egress, both pedestrian and vehicular, over and across a strip of land described as follows:
BEGINNING at "Gate 3", being the intersection of Alderpoint Road and "Road 300".
Said point being Easterly, approximately 100 feet from the Northwest corner of the Southwest Quarter of the Southwest Quarter of said Section 16; and run
thence along said "Road 300", Westerly, Southerly and Southeasterly, within the Southeast Quarter of the Southeast
Quarter of said Section 17, and within the Northeast Quarter of the Northeast Quarter of Section 20 to the riverbar on the Northeasterly side of Larabee Creek.
(2) A non-exclusive easement for pedestrian ingress and egress over and across a strip of land described as follows:
BEGINNING at said point where said "Road 300" crosses the riverbar on the Northeasterly side of Larabee Creek; thence Westerly across said riverbar (being along the Northeasterly side of Larabee Creek) approximately 75 feet to the swimming hole (a pool in Larabee Creek).
Said swimming hole being in the Northeast Quarter of the Northeast Quarter of Section 20, near the corner to Sections 16, 17, 20, and 21 in said Township and Range.
(3) The right to use the "swimming hole" on said Larabee Creek located approximately 75 feet down-stream from where the "300 Road" crosses Larabee Creek.
Said Parcel Two being the same easement as conveyed to John Selvage, Eugene Lucas, Co-Trustees of the Melvin F. McLean Survivors Trust, by Sierra Pacific Holding Company, a California Corporation, by Easement Deed recorded February 1, 2007 as Instrument No. 2007-3525-8, Humboldt County Records.
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