Trustor: MARY J HAVENER, ROY C HAVENER, AS A PERSONAL REPRESENTATIVE OF THE ESTATE OF BILLYE HAVENER DECEASED Recorded December 23, 2004 as Instr. No. 2004-44277-13 of Official Records in the office of the Recorder of HUMBOLDT County; CALIFORNIA , pursuant to the Notice of Default and Election to Sell thereunder recorded August 18, 2014 as Instr. No. 2014-014486 of Official Records in the office of the Recorder of HUMBOLDT County CALIFORNIA. Said Deed of Trust describes the following property: see attached exhibit A Legal description All that portion of lot 3 of section 2, township 2 south, range 2 east, and of southeast 1/4 of the southwest 14 of section 35, township 1 south, range 2 east, Humboldt Meridian, described as follows: Beginning at a point located 510.83 feet south and 1045.46 feet east of the northwest corner of said lot 3; running thence north 2 deg 15 min west, 150 feet; thence north 86 deg 00 min west 55 feet more or less to a point on the easterly line of the state highway freeway which point is located south 8 deg 08 min 15 sec west thereon 30 feet more or less from another point located south 49 deg 21 min 09 sec west, 474.53 feet from the southeast corner of said section 35; thence north 8 deg 08 min 15 sec east along said easterly line of the state highway freeway, 30 feet more or less to the last mentioned point; thence continuing along said easterly line of freeway, north 13 deg 48 min 25 sec west, 577.58 feet; thence north 61 deg 10 min 13 sec west, 576.10 feet; thence north 35 deg 53 min 09 sec west, 510.54 feet; thence north 24 deg 31 min 33 sec east, 131.93 feet to the most westerly corner of the parcel of land Conveyed to Henry R. Durham and wife by deed recorded 6/6/1 961, in book 539 of official records page 60, as recorder's file no. 9222 Humboldt county records; thence along the boundaries of said Durham parcel, South 42 deg 37 min 40 sec east, 248.28 feet, north 19 deg 54 min east, 87.1:3 Feet, and north 24 deg 4 min 10 sec west, 295.68 feet to the easterly line of the state highway freeway as aforementioned; thence north 24 deg 31 min 33 sec east, along the last mentioned line, 142.07 feet more or less to its intersection with the north line of said southeast 14 of the southwest 1/4 section 35; thence east, along said north line, 1070 feet more or less to the northeast corner of said southeast 14 of section 35; thence south, along the east line of said southeast v4 of southwest 1/4 of section 35 and along the east line of said lot 3, to a point located south 86 deg 24 min 20 sec east about 80 feet from another point located 513.53 feet south and 1229.22 feet east of the northwest corner of said lot 3; thence north 86 deg 24 min 20 sec west, 80 feet more or less, to the last mentioned point; thence Page 1 of 2 North 89 deg 09 min 30 sec west, 127.43 feet; thence south 19.93 feet; thence south 9 deg 22 min west, 50.74 feet; thence south 5 deg 06 min 30 sec west, 19.5 feet to the easterly line of a public road, thence following said line, north 19 deg 53 min west, 59.01 feet north 34 deg 30 min west, 83.93 feet to the point of beginning. excepting therefrom, that certain one-acre parcel of land Heretofore conveyed by John P. Moschettie et al to Michael J. Power, et Al, by deed recorded 1/27/1949. As recorder's file no. 823, Humboldt County records. And more particularly described as follows: Beginning at a point 304.59 feet north and 992.31 feet west of the southwest corner of the southeast 1/4 of southwest 1/4 of said section 35, as said corner was established by J. N. Lendtell, licensed surveyor, running thence from said point of beginning south 56 deg 57 min east 208.71 feet; thence north 33 deg 03 min east 208.71 feet; thence north 56 deg 57 min west 208.71 feet; and thence south 33 deg 03 min west 208.71 feet to the point of beginning and containing 1 acre. Personal Property together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matter and all equipment fixtures, and other articles of personal property now or hereafter owned by trustor , and now or hereafter attached or affixed to the real property; together with all accessions, parts and additions to, all replacements of, and all substitutions for, any of such property and together with all proceeds (including without limitation all insurance proceeds and refunds of premium(s) from any sale or other disposition of the property. YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED NOVEMBER 20, 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 PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. 407 N SUNNY LN, WEOTT, CA 95571 "(If a street address or common designation of property is shown above, no warranty is given as to its completeness or correctness)." Said Sale of property will be made in "as is" condition without covenant or warranty, express 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 as in said note provided, advances, if any, 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. Said sale will be held on: MARCH 4, 2015, AT 10:30 A.M. *ON THE STEPS TO THE FRONT ENTRANCE OF THE COUNTY COURTHOUSE, 825 5TH STREET, EUREKA, CA 95501 At the time of the initial publication of this notice, the total amount of the unpaid balance of the obligation secured by the above described Deed of Trust and estimated costs, expenses, and advances is $292,350.63. It is possible that at the time of sale the opening bid may be less than the total indebtedness due. 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 (888) 988-6736 or visit this Internet Web site: salestrack.tdsf.com , the file number assigned to this case F528688 F. 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. 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. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the monies paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee or the Mortgagee's attorney. Date: February 2, 2015 T.D. SERVICE COMPANY as said Trustee CINDY GASPAROVIC, ASSISTANT SECRETARY T.D. SERVICE COMPANY 4000 W. Metropolitan Drive, Suite 400 Orange, CA 92868-0000 The Beneficiary may be attempting to collect a debt and any information obtained may be used for that purpose. If available , the expected opening bid and/or postponement information may be obtained by calling the following telephone number(s) on the day before the sale: (888) 988-6736 or you may access sales information at salestrack.tdsf.com, TAC# 971432 PUB: 02/12/15, 02/19/15, 02/26/15
2/12, 2/19, 2/26/2015- (15-33)