Notice of Trustee's Sale, No. 17-00052-2, July 12, 2017

Staff Writer
Mount Shasta Herald

NOTICE OF TRUSTEE’S SALE Trustee Sale No. 17-00052-2 Loan No: 068707492 APN 057-141-030 YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED July 28, 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 July 12, 2017, at 11:00 AM, at the East entrance to the Siskiyou County Courthouse, 311 Fourth Street, Yreka, CA, 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 August 16, 2005, as Instrument No. 05-0013161 of official records in the office of the Recorder of Siskiyou County, CA, executed by: WILLIAM E. TRUBY IV AND CRYSTAL TRUBY, HUSBAND AND WIFE AS JOINT TENANTS, as Trustor (the “Trustor”), in favor of UMPQUA BANK, as Beneficiary, 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: THE NORTHWESTERLY NINETEEN (19) FEET OF LOT TWENTY-SEVEN (27) AND ALL OF LOT TWENTY-EIGHT (28) IN BLOCK TWENTY-FOUR (24) OF THE SAID CITY OF MT. SHASTA, ACCORDING TO THE MAP THEREOF MADE BY THE PACIFIC IMPROVEMENT COMPANY AS WELL AS THE OFFICIAL MAP OF SAID CITY WHICH MAPS ARE ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY RECORDER IN AND FOR SISKIYOU COUNTY, CALIFORNIA, (the “Property”) 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, using the file number assigned to this case 17-00052-2. 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. Beneficiary has elected and hereby elects to conduct a unified foreclosure sale pursuant to the provisions of California Commercial Code Section 9604(a)(1)(B) and to include in the nonjudicial foreclosure of the estate described in this Notice of Trustee's Sale all of the personal property and fixtures described in the Deed of Trust and in any other instruments in favor of Beneficiary. The following described property, whether now owned or hereafter acquired, whether now existing or hereafter arising, and wherever located, in which Trustor gave to Beneficiary a security interest for the payment of the indebtedness and performance of all other obligations under the Note and Commercial Security Agreement: All Inventory, Chattel Paper, Accounts, Equipment, Furniture and General Intangibles All Fixtures In addition, the following personal property, whether now owned or hereafter acquired, whether now existing or hereafter arising, and wherever located: (A) All accessions, attachments, accessories, tools, parts, supplies, replacements of and additions to any of the collateral described herein, whether added now or later. (B) All products and produce of any of the property described herein. (C) All accounts, general intangibles, instruments, rents, monies, payments, and all other rights, arising out of a sale, lease, consignment or other disposition of any of the property described herein. (D) All proceeds (including insurance proceeds) from the sale, destruction, loss, or other disposition of any of the property described herein, and sums due from a third party who has damaged or destroyed the Collateral or from that party’s insurer, whether due to judgment, settlement or other process. (E) All records and data relating to any of the property described herein, whether in the form of a writing, photograph, microfilm, microfiche, or electronic media, together with all of Trustor’s rights, title, and interest in and to all computer software required to utilize, created, maintain, and process any such records or data on electronic media. Capitalized terms not defined herein shall have the same meaning as those in the Promissory Note and Commercial Security Agreement dated July 28, 2005, the Deed of Trust and/or any other loan documents between Trustor and Beneficiary. Beneficiary reserves the right to revoke its election as to some or all of said personal property and/or fixtures, or to add additional personal property and/or fixtures to the election herein expressed, at Beneficiary's sole election, from time to time and at any time until the consummation of the trustee’s sale to be conducted pursuant to the Deed of Trust and this Notice of Trustee’s Sale. No warranty is made that any or all of the personal property still exists or is available for the successful bidder and no warranty is made as to the condition of any of the personal property, which shall be sold “as is”, “where is”. 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: 622 NORTH MOUNT SHASTA BOULEVARD, MOUNT SHASTA, 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 $215,890.85 (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 7, 2017 FIDELITY NATIONAL TITLE COMPANY, TRUSTEE 46017-00052-2 1101 Investment Blvd., Suite 170 El Dorado Hills, CA 95762 916-636-0114 Sara Berens, Authorized Signature SALE INFORMATION CAN BE OBTAINED ON LINE AT AUTOMATED SALES INFORMATION PLEASE CALL 714.730.2727 A-4623325 06/21/2017, 06/28/2017, 07/05/2017

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