Trustee Sale No: F10-00575 AZ Loan No.: Mango Shadow, L.L.C. Title Order No.: 46692 The following legally described trust property will be sold, pursuant to the power of sale under that certain Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing dated 10/12/2005 (the “Deed of Trust”), recorded on 10/13/2005 as Document No. 20051526423, in the Official Records of Maricopa County, Arizona at public auction to the highest bidder at the main entrance of the Superior Court Building, 201 West Jefferson, Phoenix AZ on 03/25/2011, at 12:30PM of said day: LEGAL: SEE ATTACHED EXHIBIT “A” EXHIBIT “A’ Legal Description UNITS 1001 THROUGH 1101, INCLUSIVE AND UNITS 2001 THROUGH 2101, INCLUSIVE, THE NORTHWOOD VILLAGE CONDOMINIUM, ACCORDING TO DECLARATION OF HORIZONTAL PROPERTY REGIME, RECORDED IN DOCKET 16195, PAGE 329 AND ACCORDING TO BOOK 243 OF MAPS, PAGE 44, RECORDS OF MARICOPA COUNTY, ARIZONA; TOGETHER WITH EACH UNITS APPURTENANT INTEREST IN AND TO THE COMMON ELEMENTS AS SET FORTH IN SAID DECLARATION AND AS DESIGNATED ON SAID PLAT; TOGETHER WITH AN UNDIVIDED INTEREST IN THE COMMON AREA, AS ESTABLISHED AND DESCRIBED BY DECLARATION OF HORIZONTAL PROPERTY REGIME RECORDED AUGUST 3, 1982 IN DOCKET 16195, PAGE 329, RECORDS OF MARICOPA COUNTY, ARIZONA. ALSO KNOWN AS: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 2 EAST OF THE GILA AND SALT RIVER BASE AND MERIDIAN, MARICOPA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: FROM THE SOUTH QUARTER CORNER OF SAID SECTION 11; THENCE NORTH 89°59’10” EAST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11, A DISTANCE OF 1215.43 FEET; THENCE NORTH 00°25’05” EAST, A DISTANCE OF 656.01 FEET; THENCE NORTH 89°58’40” EAST, A DISTANCE OF 443.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTlNUING NORTH 89°58’40” EAST, A DISTANCE OF 670.42 FEET (MEASURED), 670.00 FEET (RECORD) TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF THE BLACK CANYON HIGHWAY; THENCE NORTH 08°33’00” EAST, ALONG THE WEST LINE OF THE BLACK CANYON HIGHWAY RIGHT OF WAY, A DISTANCE OF 495.54 FEET; THENCE SOUTH 89°58’40” WEST, A DISTANCE OF 744.28 FEET (MEASURED) 743.86 FEET (RECORD); THENCE SOUTH 00°01 ’20” EAST, A DISTANCE OF 490.00 FEET (RECORD AND MEASURED) TO THE TRUE POINT OF BEGINNING. The street address is purported to be: 14020 N. BLACK CANYON HWY PHOENIX, AZ 85053 Tax Parcel Number: 207-07-754A Original Principal Balance $8,150,000.00 TOGETHER WITH the personal property listed on Exhibit “B” Exhibit B All right, title, interest and estate of Mango Shadow, L.L.C., an Arizona limited liability company, as Grantor (“Grantor”), now owned, previously owned, or hereafter acquired in and to the following property, rights, interests and estates (collectively, the “Property”): (A) All structures, buildings and improvements of every kind and description now or at any time hereafter located or placed on that certain real property situated in the County of Maricopa, State of Arizona, more particularly described on Exhibit A to the Notice of Sale to which this Exhibit B is attached (the “Real Estate”) (collectively, the “Improvements”); (B) All easements, rights-of-way, strips and gores of land, vaults, streets, ways, alleys, passages, sewer rights, and other emblements now or hereafter located on the Real Estate or under or above the same or ‘any part or parcel thereof, and all estates, rights, titles, interests, tenements, hereditaments and appurtenances, reversions and remainders whatsoever, in any way belonging, relating or appertaining to the Property or any part thereof, or which hereafter shall in any way belong, relate or be appurtenant thereto, whether now owned or hereafter acquired by Grantor; (C) All furniture, furnishings, fixtures, goods, equipment, inventory or personal property owned by Grantor and now or hereafter located on, attached to or used in or about the Improvements, including, but not limited to, all machines, engines, boilers, dynamos, elevators, stokers, tanks, cabinets, awnings., screens, shades, blinds, carpets, draperies, lawn mowers, and all appliances, plumbing, heating, air conditioning, lighting, ventilating, refrigerating, disposal and incinerating equipment, and all fixtures and appurtenances thereto, and such other goods and chattels and personal property owned by Grantor as are now or hereafter used or furnished in operating the Improvements, or the activities conducted therein, and all building materials and equipment hereafter situated on or about the Real Estate or Improvements, and all warranties and guaranties relating thereto, and all additions thereto and substitutions and replacements therefor (exclusive of any of the foregoing owned or leased by tenants of space in the Improvements); (D) All water, water courses, ditches, wells, reservoirs and drains and all water, ditch, well, reservoir and drainage rights and powers which are appurtenant to, located on, under or above or used in connection with the Real Estate or the Improvements, or any part thereof, together with (i) all utilities, utility lines, utility commitments, utility capacity, capital recovery charges, impact fees and other fees paid in connection with same, (ii) reimbursements or other rights pertaining to utility or utility services provided to the Real Estate and/or Improvements and (iii) the present or future use or availability of waste water capacity, or other utility facilities to the extent same pertain to or benefit the Real Estate and/or Improvements, including, without limitation, all reservations of or commitments or letters covering any such use in the future, whether now existing or hereafter created or acquired; (E) All minerals, crops, timber, trees, shrubs, flowers and landscaping features now or hereafter located on, under or above the Real Estate; (F) All leases, licenses, tenancies, concessions and occupancy agreements of the Real Estate or the Improvements now or hereafter entered into (severally, a “Lease”, and collectively, the “Leases”) and all rents, royalties, issues, profits, bonus money, revenue, income, accounts receivable and other benefits (collectively, the “Rents” or “Rents and Profits”) of the Real Estate, the Improvements, or the fixtures or equipment, now or hereafter arising from the use or enjoyment of all or any portion thereof or from any Lease (including, without limitation, oil, gas and mineral leases), license, tenancy, concession, occupancy agreement or other agreement pertaining thereto or arising from any of the Contracts (as hereinafter defined) or any of the General Intangibles (as hereinafter defined) and all cash or securities (the “Security Deposits”) that secure performance by the tenants, lessees or licensees, as applicable, of their obligations under any Leases, licenses, concessions or occupancy agreements, or which may be available to Grantor or its designee to effect repairs or maintenance, whether said cash or securities are to be held until the expiration of the terms of said Leases, licenses, concessions or occupancy agreements or applied to one or more of the installments of rent coming due prior to the expiration of said terms; (G) All contracts and agreements now or hereafter entered into covering any part of the Real Estate or the Improvements (collectively, the “Contracts”) and all revenue, income and other benefits thereof, including, without limitation, management agreements, service contracts, maintenance contracts, equipment leases, personal property leases and any contracts or documents relating to construction on any part of the Real Estate or the Improvements (including plans, specifications, studies, drawings, surveys, tests, operating and other reports, bonds and governmental approvals) or to the management or operation of any part of the Real Estate or the Improvements; (H) All present and future monetary deposits given to any public or private utility with respect to utility services furnished to any part of the Real Estate or the Improvements; (I) All present and future funds, accounts, instruments (including, without limitation, promissory notes), investment property, letter-of-credit rights, letters of credit, money, supporting obligations, accounts receivable, documents, causes of action, claims, general intangibles (including, without limitation, payment intangibles and software, trademarks, trade names, servicemarks and symbols now or hereafter used in connection with any part of the Real Estate or the Improvements, all names by which the Real Estate or the Improvements may be operated or known, all rights to carry on business under such names, and all rights, interest and privileges which Grantor has or may have as developer or declarant under any covenants, restrictions or declarations now or hereafter relating to the Real Estate or the Improvements) andall notes or chattel paper (whether tangible or electronic) now or hereafter arising from or by virtue of any transactions related to the Real Estate or the Improvements (collectively, the “General Intangibles”); (1) All water taps, sewer taps, certificates of occupancy, permits, special permits, uses, licenses, franchises, certificates, consents, approvals and other rights and privileges now or hereafter obtained in connection with the Real Estate or the Improvements and all present and future warranties and guaranties relating to the Improvements or to any equipment, fixtures, furniture, furnishings, personal property or components of any of the foregoing now or hereafter located or installed on the Real Estate or the Improvements; (K) All building materials, supplies and equipment now or hereafter placed on the Real Estate or in the Improvements and all architectural renderings, models, drawings, plans, specifications, studies and data now or hereafter relating to the Real Estate or the Improvements; (L) All right, title and interest of Grantor in any insurance policies or binders now or hereafter relating to the Property including any unearned premiums thereon; (M) All proceeds, products, substitutions and accessions (including claims and demands therefor) of the conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including, without limitation, proceeds of insurance and condemnation awards; and (N) All other or greater rights and interests of every nature in the Real Estate or the Improvements and in the possession or use thereof and income therefrom, whether now owned or hereafter acquired by Grantor. Notwithstanding anything to the contrary contained herein, the Property shall not include any escrows, reserves, impounds, deposits or other amounts held by Bank of America, N.A., as trustee for the registered holders of Wachovia Bank Commercial Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2006-C23 or any servicer or other party on behalf of Bank of America, N.A., as trustee for the registered holders of Wachovia Bank Commercial Mortgage Trust, Commercial, Mortgage Pass-Through Certificates, Series 2006-C23 relating to the Deed of Trust or the Property. 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 as, or deemed to be, real property. Name and address of original Trustor MANGO SHADOW, L.L.C., an Arizona limited liability company ATTN: DR. MOHAMMED T. ALINIAZEE 2367 N.W. KINDERMAN DR. CORVALLIS, OR 97330 Name and address of the Beneficiary Bank of America, N.A., as Trustee for the Registered Holders of Wachovia Bank Commercial Mortgage Trust, Commercial Mortgage Pass-Through Certificates, Series 2006-C23 c/o CWCapital Asset Management, LLC 7501 Wisconsin Avenue, Suite 500 Bethesda, MD 20814 Name and address of Trustee Michelle Ghidotti, Attorney at Law 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 21, 2010 Michelle Ghidotti, Attorney at Law We are assisting the Beneficiary to collect a debt and any information we obtain will be used for that purpose. 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 12/21/10, 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 P796700 2/4, 2/11, 2/18, 2/25, 2011 editions Arizona Capitol Times
NOTICE OF TRUSTEE’S SALE