gabe.turner//February 4, 2011//[read_meter]
gabe.turner//February 4, 2011//[read_meter]
NOTICE OF TRUSTEE’S SALE The following legally described Trust Real Property will be sold, pursuant to the power of sale under that certain Deed of Trust, dated as of July 15, 2005, and recorded on August 17, 2005, as Instrument No. 2005-1186075, in the records of the Recorder of Maricopa County, Arizona, (as so affected the “Deed of Trust”), at the public auction to the highest bidder at the 8th Floor Lobby, 3200 North Central Avenue, Suite 800, Phoenix, Maricopa County, Arizona, 85012, which is a place of business of the current Trustee described below, on April 11, 2011, at 10:00 a.m. Mountain Standard Time of said day. The initial Beneficiary under the Deed of Trust was Home National Bank, (“HNB”). The current Beneficiary is Enterprise Bank & Trust, Clayton Missouri, successor-in-interest to the Federal Deposit Insurance Corporation as Receiver of HNB. The initial Trustee under the Deed of Trust was HNB, and the current Trustee under the Deed of Trust [at the time of recordation of this notice] is Richard H. Herold, a member of the State Bar of Arizona. The Trustors under the Deed of Trust are Raymond M. Solomon, Kathymae Solomon, husband and wife, Ira H. Solomon and Madlyn M. Solomon, husband and wife. At the same time and location and also pursuant to Arizona Revised Statutes Section 47-9604 with respect to the following items described in the Deed of Trust which are personal property or fixtures, the Trustee will sell, with the Trust Real Property, all of those items (the “General Collateral”) and all of Trustor’s right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water and water rights flowing through, belonging or in anyway appertaining to the Real Property, and all of Trustor’s water rights that are personal property under Arizona law, including without limitation all type 2 nonirrigation grandfathered rights (if applicable), all irrigation rights, all ditch rights, rights to irrigation district stock, all contracts for effluent, all contracts for Central Arizona Project water, and all other contractural rights to water, and together with all rights (but none of the duties) of Trustor as declarant under any presently recorded declaration of covenants, conditions and restrictions affecting real property; and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters (“Real Property”), located in Maricopa County, State of Arizona: see Exhibit “A” to the Deed of Trust, which is attached hereto and made a part hereof as if fully set forth herein. The sale will be made for cash, federal funds wire transfer or other form of payment satisfactory to the Trustee [payable at the time of sale or as allowed by Arizona Revised Statutes Sections 33-810 and 33-811], but without representation, covenant or warranty, express or implied, regarding title, condition, location, possession, encumbrances, or rights, requirements or limitations of any third parties, or any other matter, to pay or partially pay the Obligation described in and secured by the Deed of Trust. Every bidder, except the Beneficiary with respect to any credit bid, will be required to provide a $10,000.00 deposit in form satisfactory to the Trustee as a condition of entering a bid. Trustor is entitled to an accounting of the unpaid Obligation secured by the Trust Real Property and General Collateral for a charge of $10.00. Trustor may request an accounting by calling the current Trustee at his number set forth below. In addition, the parties entitled thereto may obtain information regarding the Trust Real Property and General Collateral, secured Obligation and sale pursuant to A.R.S. § 33-809. If the sale does not exhaust the power of sale in the Deed of Trust as to any remaining property encumbered by the Deed of Trust, such property may at Beneficiary’s option be sold in subsequent sale proceedings. This Notice does not constitute an election to pursue any remedy to the exclusion of any other remedy. Trustee and Beneficiary reserve the right, without impairing the effectiveness of this sale, to conduct further judicial or non-judicial sales of any of Beneficiary’s collateral if considered necessary or advisable by them to foreclose the interests of other parties who may claim interests in, or to otherwise clear title to, any collateral (and to pursue any deficiency under Title 33 of the Arizona Revised Statutes). The following information concerning the Trust Real Property, Deed of Trust and sale is provided: Street Address or Identifiable Location of Trust Real Property: 11601 N. 136th St., Scottsdale, AZ 85259 Legal Description of Trust Real Property: As described in Exhibit A, attached hereto. Exhibit A That portion of the Northwest quarter of Section 19, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: COMMENCING at the Southwest corner of said Northwest quarter; Thence North 89 degrees 46 minutes 00 seconds East, along the South line of said Northwest quarter, a distance of 40.00 feet to the East right-of-way line of 136th Street (as recorded on dedication plat in Book 256 of Maps, Page 13); Thence North 00 degrees 04 minutes 03 seconds West, along said East right-of-way line, a distance of 606.67 feet to the TRUE POINT OF BEGINNING; Thence continuing North 00 degrees 04 minutes 03 seconds West along said East right-of-way line a distance of 113.09 feet; Thence departing said East right-of-way line, South 90 degrees 00 minutes 00 seconds East a distance of 156.26 feet; Thence South 00 degrees 04 minutes 03 seconds East a distance of 113.09 feet; Thence North 90 degrees 00 minutes 00 seconds West a distance of 156.26 feet to the TRUE POINT OF BEGINNING. Tax Parcel Number: 217-30-002R Original Principal Balance: $1,732,000.00 Name and Address of Current Beneficiary: Enterprise Bank & Trust, Clayton, Missouri 1281 N. Watson Road St. Louis, MO 63105 Names and Address of Original Trustors: Raymond M. Solomon, Kathymae Solomon, Ira H. Solomon and Madlyn M. Solomon 9234 N. Kober Road Paradise Valley, AZ 85253 Name, Address and Telephone Number of Successor and Current Trustee: Richard H. Herold Hinshaw & Culbertson LLP 3200 North Central Avenue, Suite 800 Phoenix, AZ 85012-2428 (602) 631-4400 Manner of Trustee Qualification: Arizona Revised Statutes Section 33-803(A)(2) – Member of the State Bar of Arizona Recording Date: December 29, 2010 Dated: December 28, 2010. RICHARD H. HEROLD, Trustee STATE OF ARIZONA ) )ss. County of Maricopa ) The foregoing instrument was acknowledged before me this 29th day of December, 2010, by Richard H. Herold, a member of the State Bar of Arizona, as Trustee under the above described Deed of Trust. Victoria L. Orze Notary Public My Commission Expires: May 27, 2012 P788752
AND NOTIFICATION OF DISPOSITION OF COLLATERAL
1/14, 1/21, 1/28, 2/4, 2011 editions Arizona Capitol Times
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