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HomeMy WebLinkAbout2005-08-12 - Easement BRUCE J MCCAYMONDS AND SUSAN MCCLYMONDS, RECORDING REQUESTED BY s� t CALIFORNIA RECONVEYANCE COMPANY 2011 :Pit 28 P,'z 3: 13 AND WHEN RECORDED MAIL TO CALIFORNIA RECONVEYANCE COMPANY 9200 Oakdale Avenue—CA2-4379 Chatsworth, CA 91311 800-892-6902 Trustee Sale No. 447702CA Loan No. 0680875473 Title Order No. 710181 NOTICE OF TRUSTEE'S SALE YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 08-16-2005. 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 05-18-2011 at 12:00 PM, CALIFORNIA RECONVEYANCE COMPANY as the duly appointed Trustee under and pursuant to Deed of Trust Recorded 08-29-2005, Book , Page , Instrument 2005000679444 of official records in the Office of the Recorder of ORANGE County, California, executed by: BRUCE J MCCLYMONDS AND SUSAN MCCLYMONDS, HUSBAND AND WIFE AS JOINT TENANTS, as Trustor, WASHINGTON MUTUAL BANK, FA, as Beneficiary, will sell at public auction sale to the highest bidder for cash, cashier's check drawn by a state or national bank, a cashier's check drawn by a state or federal credit union, or a cashier's 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. Sale will be held by the duly appointed trustee as shown below, of all right, title, and interest conveyed to and now held by the trustee in the hereinafter described property under and pursuant to the Deed of Trust. The 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 the Deed of Trust, interest thereon, estimated fees, charges and expenses of the Trustee for the total amount(at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. Place of Sale: THE NORTH FRONT ENTRANCE TO THE COUNTY COURTHOUSE, 700 CIVIC CENTER DRIVE WEST, SANTA ANA, CA Legal Description: PARCEL 1, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON EXHIBIT "B" OF THE CITY OF HUNTINGTON BEACH LOT LINE ADJUSTMENT NO. 05-04, RECORDED JUNE 28, 2005 AS INSTRUMENT NO. 2005000499658, OFFICIAL RECORDS. EXCEPT ONE-HALF OF ALL OIL AND MINERALS RIGHTS APPERTAINING TO THE ABOVE DESCRIBED PROPERTY FOR A PERIOD OF 99 YEARS FROM JANUARY 10, 1923, AS RESERVED IN THE DEED FROM H.D. BEALS AND OLLIE M. BEALS, HUSBAND AND WIFE, DATED JANUARY 10, 1923 AND RECORDED 1N BOOK 453, PAGE 213 OF DEEDS, RECORDS OF SAID ORANGE COUNTY. Amount of unpaid balance and other charges: $1,962,229.23 (estimated) Street address and other common designation of the real property: 704 12TH STREET HUNTINGTON BEACH, CA 92648 APN Number: 024-042-09 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The property heretofore described is being sold "as is". In compliance with California Civil Code 2923.5(c)the mortgagee, trustee, beneficiary, or authorized agent declares: that it has contacted the borrower(s)to assess their financial situation and to explore options to avoid foreclosure; or that it has made efforts to contact the borrower(s)to assess their financial situation and to explore options to avoid foreclosure by one of the following methods: by telephone; by United States mail; either 1st class or certified; by overnight delivery; by personal delivery; by e-mail; by face to face meeting. { DATE: 04-22-2011 CALIFORNIA RECONVEYANCE COMPANY, as Trustee Original document is signed For Sales Information: (714) 730-2727 or www.lpsasap.com (714)573-1965 or www.priorityposting.com CALIFORNIA RECONVEYANCE COMPANYIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.ANY INFORMATIONOBTAINED WILL BE USED FOR THAT PURPOSE. Recorded in Official Records, Orange County Tom Daly, Clerk-Recorder RECORDING REQUESTED BY I IIIIII Lllll IIIII IIIII IIIII IIIII Illli Illli IIIII IIIII►IIII IIIII illll IIII IIII NO FEE CITY OF HUNTINGTON BEACH and when recorded mail to: 200500081912910:37am 10/12/05 City Clerk 213 110 E01 2 City of Huntington Beach f 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 P.O.Box 190 Huntington Beach,Ca. 92648 J Space above this line,for Recorder's use AP No. 024-042-09 EASEMENT DEED I HEREBY DECLARE THE DOCUMENT TRANSFERc� I� TAX IS$ Q^ THE TAX IS: . COMPUTERIZED ON FULL VALUE OF PROPERTY CONVEYED OR, C QMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE ,--,l ©f= dA171_,A l 729AI SIGNATUR•� F DECLARANT OR AGENT-FIRM NAME FOR A VALUABLE CONSIDERATION,receipt of which is hereby,acknowledged, -,__—....aBruce=J:..'.McCaymonds and Susan McClymonds, husband and wife as joint tenants do(es)hereby GRANT to the CITY OF HUNTINGTON BEACH,a municipal corporation,a'perpetual easement and right of- way for street and public utility purposes in,on,over,under and across all.that real property in the CITY-OF HUNTINGTON BEACH; . County of Orange, State of California,described as follows: THE SOUTHEASTERLY 2.50 FEET OF LOTS 2&4 OF BLOCK 711 OF WESLEY PARK SECTION AS SHOWN ON A MAPRECORDED IN BOOK 4,PAGE 17,MISCELLANEOUS MAPS,RECORDS OF SAID COUNTY. This document Is solely for the offkial hnk* s of the City of Huntington o Beach,as contemplated under By. Government Code Sec.6103 and Should bs recorded free of charge, By. State dfiai CAPACITY CLAIMED BY SIGNER SS ❑ INDIVIDUAL County of ❑ CORPORATEW ' OFFICERS) • On rTl2_ 05qefore me, t/Y,�� 13& , TITLE(S) DATE •Q�, AME,TIT OF OFFICER-E.G.,"J NE DOE;NO RY PUBLIC" ❑PARTNER(S) ❑ LIMITED ersonall a- eared 1✓f AU, - N\. [] GENERAL P Y,_PP J. ❑`ATTORNEY-IN-FACT NAME(S)OF SIGNER(S) ❑ TRUSTEE(S) ❑ personally known to me-OR-proved to e on the basis of satisfactory evidence to be ❑ GUARDIAN/CONSERVATOR - - _ the. erson s whose names }stare subscribed o --�,�-.... - R I the within instrument and.acknowledged tome that ke,Lske/they executed the same in '-�----^�-_--- --,---•.-' --------. .........,_. ❑ T hi@Ater{their authorized capacity(ies),and that by hii4w/their signature(s)on the instrument the person(s),or the ity upon behalf of which . SIGNER IS REPRESENTING: the person )act executed the instrument. NAME OF PERSON(S)OR ENTITY(IES) JENNIFER GOALEN i _@my Commission#1323556 Witness h and offici Notary Public-Caiifomia Orange County Comm.Expires Oct 2,2005 U NOTARY MV 05-031 APPROVED ASf O FORM: 1 IFER MCGRATH, ity At �:�� ViTY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK JOAN L. FLYNN CITY CLERK DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated AUGUST 12, 2005 from BRUCE J. MCCLYMONDS AND SUSAN MCCLYMONDS to the CITY OF HUNTINGTON BEACH is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated:.October 7, 2005 —LIT- 0E-HU,fv -INGTCN-BEAr H __.__._._ OAN L. FLYNN ,';CITY CLERK g:/followup/deeds/deedcert2002.doc Government Code§27281 procedure#16 (Telephone:714-536-5227) California Reconveyance Company PRESORT PO Box 9029 First-Class Mail Temecula,CA 92589-9029 U.S.Postage and Fees Paid W SO 2246953391 20110214-59 CITY CLERK PO BOX 190 Send Correspondence to: CITY OF HUNTINGTON BEACH California Reconveyance Company HUNTINGTON BEACH, CA 92648-0190 9200 Oakdale Avenue Mail Stop N110612 Chatsworth,CA 91311 tea CU ovi,link 6 i 101 RECORDING REQUESTED BY CALIFORNIA RECONVEYANCE COMPANY 01 / 21 / 2 011 AND WHEN RECORDED MAIL TO CALIFORNIA RECONVEYANCE COMPANY D0C #2 011 - 3 7 2 6 9 9200 Oakdale Avenue Mail Stop: CA2-4379 Chatsworth,CA 91311 800 892-6902 (8 i 8)775-2258(Pax) Space above thls line for recorder's use only Trustee Sale No.447702CA Loan No.0680875473 Title Order No.71018I IMPORTANT NOTICE NOTICE OF DEFAULT AND ELLA CTION TO SELL UNDER DEED OF TRUST IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY DE SOLD WITHOUT ANY_COURT ACTION, and you may have the legal right to bring your account in good standing by paying all of your past due payments plus permitted costs and expenses within the time permitted by law for reinstatement of your account, which is normally fire business days prior to the date set for the sale of your property. No sale date may be set until three months from the date this notice of default may be recorded (which date of recordation appears on this notice). 'this amount is $106,467.68 as of January 20,2011 and will increase until your account becomes current. While your property is in foreclosure,you still must pay other obligations (such as insurance and taxes) required by your note and deed of trust or mortgage. 1f you fail to make future payments on the loan, pay taxes on the property, provide insurance on the property, or pay other obligations as required in the note and deed of trust or mortgage, the beneficiary or mortgagee may insist that you do so in order to reinstate your account in good standing. In addition, the beneficiary or mortgagee may require as a condition to reinstatement that you provide reliable written evidence that you paid all senior liens, property taxis, and hazard insurance premiums. Upon your written request, the beneficiary or mortgagee will give you a written itemization of the entire anBount you must pay. You may not have to pay the entire unpaid portion of your•account, even though full payment -was demanded, but you must pay all amounts in default at the time payment is made. However, you and your beneficiary or mortgagee may mutually agree in `writing prior to the time the notice of sale is posted (vvhich may not be earlier than the end of the three-month period stated above) to, ainong other things, (1) provide additional time in which to cure the default by transfer of the property or otherwise; or(2) establish a schedule of payments in order to cure your default; or both (1) and (2). Following the expiration of the time period referred to in the first paragraph of this notice, unless the obligation being foreclosed upon or a separate written agreement between you and your creditor permits a longer period,you have only the legal right to stop the sale of property by paying the entire amount demanded by your creditor. 'trustee Stile No.447702CA Lowi No.0680875473 Title Order No.7I0I8I To find out the amount you must pay, or to arrange for payment to stop the foreclosure, or if your property is in foreclosure for any other reason, contact: JPIVIorgan Chase Banlc, National Association, at 7301 BAYMEA—ROWS WAS' ,JACKSONVILLE, FL 32250, 800-848-9380. If you have any questions, you should contact a lawyer or the governmental agency which may have insured your loan. Notwithstanding the fact that your property is in foreclosure, you may offer your property for sale, provided the sale is concluded prior to the conclusion of the foreclosure. REMEMBER, YOU MAY LOSE LEGAL RIGHTS IF YOU DO NOT TAKE' 7PROIIPT ACTION. NOTICE IS HEREBY GIVEN THAT: CALIFORNIA RE'CONVEYANCE COMPANY is the duly appointed Trustee under a Deed of Trust dated 08-1.6-2005, executed by BRUCE J MCCLYMONDS AND SUSAN BRUCE MCCLYIVIONDS, RUSBAND AND WIFE AS JOINT TENANTS, as trustor, to secure obligations in favor of WASI:IINGTON MUTUAL BANK, FA, as Beneficiary Recorded 08-29-2005, Boole , Page , instrument 2005000679444 of official records in the Office of the Recorder of ORANGE County, California, as more fully described on said Deed of Trust. APN: 024-042-09 Situs: 704 12TII STREET, , HUNTINGTON BEACH CA 92648 Including the note(s) for the sum of $.1,785,020.00 that the beneficial interest under said Deed of Trust and the obligations secured thereby are presently held by the beneficiary; that a breach of,and default in, the obligations for which said Deed of 'Trust is security has occurred in that the payment has not been made of: THE 04/01/2010 INSTALLMENT OF PRINCIPAL AND INTEREST AND ALL SUBSEQUENT MONTHLY INSTALLMENTS OF PRINCIPAL AND INTEREST; PLUS ANY ADDITIONAL ACCRUED AND UNPAID ANIOUNTS INCLUDING, 13UT NOT LIMITED TO, LATE CHARGES, ADVANCES, IMPOUNDS, TAXE-S, HAZARD INSURANCE, ADMINISTRATIVE FEES, INSUFFICIENT AND PARTIAL RETURN CHECK .TEES, STATEMENT FEES, AND OBLIGATIONS SECURED BY PRIOR ENCUNIBRANCES. That by reason thereof, the present beneficiary under such Deed of Trust, has executed and delivered to said 'Trustee, a written Declaration and Demand for Sale, and has deposited with said duly appointed Trustee, sucli Deed of Trust and all documents evidencing the obligations secured thereby, and has declared and does hereby declare all sums secured thereby immediately due and payable and has elected and does hereby elect to cause the trust property to be sold to satisfy the obligations secured thereby. SEE ATTACIlED DIECLAI2ATION DATE: January 20,2011 CALIFO�I 'lA ItECONVE'�'ANCE COMPAiNY, as Trustee 4 CALIFORNIA RECONVEYANCE COMPANY IS A LAURA MATTHIES, DEBT COLLECTOR ATTEMPTING TO COLLECT A Assistant Secretary DEBT.ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Burrowers: BRUCE J MCCLYMONDS Property Address: 704 12TH ST.,HUNTINGTON BEACH CA 92648 Lunn number: 0680875173 DECLARATION OF COMPLIANCE (California Civil Coda Section 2923.5(b)) The undersigned mortgagee, beneficiary or authorized went hereby declares under penalty of perjury,under the lases of the State of California,as follows: Q The mortgagee, beneficiary or authorized agent has contacted the borrower to discuss the borrower s financial situation and to explore options for the borrower to avoid foreclosure in compliance with Cal. Civ. Code Section 2923.5. Thirty days or more have elapsed since the borrower was contacted. ❑ The mortgagee,beneficiary or authorized agent tried with due diligence but was unable to contact the borrower to discuss die borrower s financial situation and to explore options for the borrower to avoid foreclosure as required by Cal. Civ. Code Section 2923.5. Thirty days or more have elapsed since these due diligence efforts were completed. ❑ The mortgagee, beneficiary or authorized agent was not required to comply with Cal. Civ. Code Section 2923.5 because: ❑ The real property is not an owner-uccupied single fntnily residence. ❑ The loan was not originated between January 1,2003 and December 31,2007. ❑ The borrower has surrendered the property as evidenced by either n letter confirming the surrender or delivery of the keys to the property to the mortgagee,trustee,beneficiary or authorized agent. ❑ The borrower has contracted with someone whose primary business is advising people who have decided to leave their homes on how to extend the foreclosure process and avoid their loan obligations. ❑ The borrower has filed for bankruptcy,and the proceedings have not yet been finalized. l certify under penalty of perjury under the laws of the State of California that the above is true and correct. .IP Morgan Chase Bank,]National Association Date: 01/18/11 Cz� •d '.O� City/State: Jacksonville,Florida Clement J.Durkin