gabe.turner//February 4, 2011//[read_meter]
gabe.turner//February 4, 2011//[read_meter]
Trustee Sale No: F10-00553 AZ Loan Number.: PLAZA ON SHEA, LLC Title Order No.: 459896 The following legally described trust property will be sold, pursuant to the power of sale under that certain Deed of Trust, Assignment of Rents and Security Agreement dated 06/04/2001 (the “Deed of Trust”), recorded on 06/07/2001 as Document No. 2001-0496154, in the Official Records of Maricopa County, Arizona at public auctiou to the highest bidder at the main entrance of the Superior Court Building, 201 West Jefferson, Phoenix AZ on 03/09/2011, at 12:30PM of said day: LEGAL: SEE ATTACHED EXHIBIT “A” EXHIBIT “A” PARCEL NO.1: COMMENCING at the Southwest corner of Section 23, Township 3 North, Range 5 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; thence North 89 degrees 58 minutes 00 seconds East along the South line of said Section 23, said line also being the centerline of Shea Boulevard, a distance of 202.96 feet; thence departing said South line of Section 23, North 00 degrees 02 minutes 00 seconds West, a distance of 65.00 feet to the POINT OF BEGINNING; thence South 89 degrees 58 minutes 00 seconds West, a distance of 147.97 feet; thence North 45 degrees 01 minutes 30 seconds West, a distance of 35.38 feet; thence South 89 degrees 58 minutes 00 seconds West, a distance of 30.00 feet; thence North 00 degrees 02 minutes 46 seconds West, a distance of 218.20 feet; thence South 72 degrees 32 minutes 08 seconds East, a distance of 239.11 feet; thence South 17 degrees 28 minutes 47 seconds West, a distance of 83.15 feet; thence South 00 degrees 02 minutes 00 seconds East, a distance of 92.00 feet to the POINT OF BEGINNING. EXCEPTING all coal, oil, gas and other mineral deposits, and all uranium, thorium or any other material which is or may be determined to b peculiarly essential to the production of fissionable materials, whether or not of commercial value, as reserved unto the United States of America, as set forth in Patent issued on said land. PARCEL NO. 2: COMMENCING at the Southwest corner of Section 23, Township 3 North, Range 5 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona; thence North 89 degrees 58 minutes 00 seconds East along the South line of said Section 23, said line also being the centerline of Shea Boulevard, a distance of 202.96 feet; thence departing said South line of Section 23 North 00 degrees 02 minutes 00 seconds West, a distance of 65.00 feet to the POINT OF BEGINNING: thence continuing North 00 degrees 02 minutes 00 seconds West, a distance of 92.00 feet; thence North 17 degrees 28 minutes 47 seconds East, a distance of 83.15 feet; thence South 72 degrees 32 minutes 08 seconds East, a distance of 452.25 feet; thence South 00 degrees 02 minutes 31 seconds East, a distance of 35.34 feet; thence South 89 degrees 58 minutes 00 seconds West, a distance of 456.35 feet to the POINT OF BEGINNING. EXCEPTING all coal, oil, gas and other mineral deposits, and all uranium, thorium or any other material which is or may be determined to b peculiarly essential to the production of fissionable materials, whether or not of commercial value, as reserved unto the United States of America, as set forth in Patent issued on said land. PARCEL NO.2-A: An easement for ingress and egress appurtenant to Parcel No. 2 described as follows: COMMENCING at the Southwest corner of Parcel No.1, thence North 89 degrees 58 minutes 00 seconds East along the South line of said Parcel No. 1, a distance of 6.00 feet to the POINT OF BEGINNING; thence North 00 degrees 02 minutes 46 seconds West, a distance of 17.99 feet to the start of a curve with a radius of 49.00 feet being concave to the Southeast; thence along said curve a distance of 76.99 feet; thence North 89 degrees 58 minutes 00 seconds East, a distance of 147.98 feet; thence South 00 degrees 02 minutes 00 seconds East, a distance of 24.00 feet; thence South 89 degrees 58 minutes 00 seconds West, a distance of 147.98 feet to the start of curve with a radius of 25.00 feel being concave to the Southeast; thence along said curve a distance of 39.28 feet; thence South 00 degrees 02 minutes 46 seconds East, a distance of 17.99 feet; thence South 89 degrees 58 minutes 00 seconds West, a distance of 24.00 feet to the POINT OF BEGINNING. The street address is purported to be: 12002 & 12020 East Shea Blvd. Scottsdale, AZ Tax Parcel Number 217-29-039C Original Principal Balance $1,694,000.00 TOGETHER WITH the personal property listed on Exhibit “B” EXHIBIT B All right, title, interest, and estate of Plaza on Shea, LLC, an Arizona limited liability company (“Borrower”), now owned, previously owned, or hereafter acquired in and to the following property, rights, interests and estates (collectively, the “Property”): (A) All buildings, improvements and tenements now or hereafter erected on that certain real property described in exhibit a to the notice of trustee’s sale to which this exhibit B is attached (the “premises”), and all heretofore or hereafter vacated alleys and streets abutting the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock appurtenant to the property, and all fixtures, machinery, equipment, engines, boilers, incinerators, building materials, appliances and goods of every nature whatsoever now or hereafter located in, or on, or used, or intended to be used in connection with the property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light; and all elevators, and related machinery and equipment, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, mirrors, cabinets, paneling, rugs, attached floor coverings, furniture, pictures, antennas, trees and plants, tax refunds, trade names, licenses, permits, Borrower’s rights to insurance proceeds, unearned insurance premiums and chooses in action; (B) All right, title and interest in, to and under any and all leases now or hereinafter in existence (as amended or supplemented from time to time) and covering space in or applicable to the property (hereinafter referred to collectively as the “Leases” and singularly as a “Lease”), together with all rents, earnings, income, profits, benefits and advantages arising from the Property and from said Leases and all other sums due or to become due under and pursuant thereto, and together with any and all guarantees of or under any of said Leases, and together with all rights, powers, privileges, options and other benefits of Borrower as lessor under the Leases, including, without limitation, the immediate and continuing right to receive and collect all rents, income, revenues, issues, profits, condemnation awards, insurance proceeds, moneys and security payable or receivable under the Leases or pursuant to any of the provisions thereof, whether as rent or otherwise, the right to accept or reject any offer made by any tenant pursuant to its Lease to purchase the Property and any other property subject to the Lease as therein provided and to perform all other necessary or appropriate acts with respect to such Leases as agent and attorney-in-fact for Borrower, and the right to make all waivers and agreements, to give and receive all notices, consents and releases, to take such action upon the happening of a default under any Lease, including the commencement, conduct and consummation of proceedings at law or in equity as shall be permitted under any provision of any Lease or by any law, and to do any and all other things whatsoever which Borrower is or may become entitled to do under any such lease together with all accounts receivable, contract rights, franchises, interests, estates or other claims, both at law and in equity, relating to the Property, to the extent not included in rent earnings and income under any of the Leases; (C) All agreements, contracts, certificates, guaranties, warranties, instruments, franchises, permits, licenses, plans, specifications and other documents, now or hereafter entered into, and all rights therein and thereto, pertaining to the use, occupancy, construction, management or operation of the Property and any part thereof and any improvements or respecting any business or activity conducted on the Property and any part thereof and all right, title and interest of Borrower therein, including the right to receive and collect any sums payable to Borrower thereunder and all deposits or other security or advance payments made by Borrower with respect to any of the services related to the Property or the operation thereof; (D) All tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property; and (E) Any and all proceeds resulting or arising from any of the foregoing (the Property, the Leases, and all other Property, whether real, personal, tangible, or intangible, described above, and all proceeds thereof, may be referred to collectively as the “collateral”). notwithstanding anything to the contrary contained herein, the Property shall not include any escrows, reserves, impounds, or deposits or other amounts held by Wells Fargo Bank, N.A., as Trustee for the Registered Holders of Salomon Brothers Mortgage Securities VII, Inc., Commercial Mortgage Pass-Through Certificates, Series 2001-C2 or any servicer or other party on behalf of Wells Fargo Bank, N.A., as Trustee for the registered holders of Salomon Brothers Mortgage Securities VII, Inc., Commercial Mortgage Pass-Through Certificates, Series 2001-C2 relating to the Deed of Trust or the premises. Nothing in this document shall be used to construe any of the items listed above to be personal property, as opposed to real property, if such items are otherwise classified, or deemed to be real property. Name and address of original Trustor Plaza on Shea, LLC, an Arizona limited liability company 7537 E. McDowell, #200 Scottsdale, AZ 85257 Name and address of the Beneficiary Wells Fargo Bank, N.A., successor by merger to Wells Fargo Bank Minnesota, N.A., as trustee for the registered holders of Salomon Brothers Mortgage Securities VII, Inc., Commercial Mortgage Pass-Through Certificates, Series 2001-C2 c/o CWCapital Asset Management, LLC 7501 Wisconsin Avenue, Suite 500 Bethesda, MD 20814 Name and address of Trustee Michelle Ghidotti, Attorney at Law c/o Assured Lender Services, Inc. 2552 Walnut Avenue, Suite 110 Tustin, CA 92780 Conveyance of the property shall be without warranty, expressed or implied, and subject to all liens, claims or interest having a priority senior to the Deed of Trust. The Trustee shall not express an opinion as to the condition of title. Dated: December 2, 2010 We are assisting the Beneficiary to collect a debt and any information we obtain will be used for that purpose. Michelle Ghidotti, Attorney at Law Sales Line: (714) 573-1965 Sales Website: www.priorityposting.com Reinstatement Line: (714) 508-7373 To request reinstatement and/or payoff FAX request to: (714) 505-3831 The trustee designated herein qualifies as trustee of the Deed of Trust in the trustee’s capacity as a member of the Arizona State Bar as required pursuant to ARS 33-803(A)(2). The Trustee’s Regulator is the State Bar of Arizona STATE OF CALIFORNIA} } ss. COUNTY OF ORANGE} On 12/2/10, before me, L. Askew, a Notary Public, personally appeared Michelle Ghidotti, Attorney at Law, who proved to me on the basis of satisfactory evidence to be the person whose name is within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. L. Askew Notary Public in and for said County and State P793291
NOTICE OF TRUSTEE’S SALE
1/28, 2/4, 2/11, 2/18, 2011 editions Arizona Capitol Times
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