T.S. No.: 13-23516
APN: 317-102-11-12
NOTICE OF TRUSTEE'S SALE
YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 8/23/2004. 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 PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER.
A public auction sale to the highest bidder for cash, cashier's check drawn on a state or national bank, check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings association, or savings bank specified in Section 5102 of the Financial Code and authorized to do business in this state 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 a Deed of Trust described below. 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, with interest and late charges thereon, as provided in the note(s), advances, under the terms of the Deed of Trust, interest thereon, 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.
Trustor: AKIL HOOPER AND MEREDITH HOOPER, HUSBAND AND WIFE AS COMMUNITY PROPERTY
Duly Appointed Trustee: Law Offices Of Les Zieve Deed of Trust recorded 9/13/2004 as Instrument No. 2004-0871194 in book , page of Official Records in the office of the Recorder of San Diego County, California. Date of Sale:1/8/2015 at 10:30 AM Place of Sale: AT THE ENTRANCE TO THE EAST COUNTY REGIONAL CENTER BY STATUE, 250 E. MAIN STREET, EL CAJON, CA 92020.
Estimated amount of unpaid balance and other charges: $386,437.64
Note: Because the Beneficiary reserves the right to bid less than the total debt owed, it is possible that at the time of the sale the opening bid may be less than the total debt owed.
Street Address or other common designation of real property: 13667 COMUNA DRIVE, POWAY, CA 92064 Described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
A.P.N #.: 317-102-11-12.
The undersigned Trustee disclaims any liability for any incorrectness of the street address or other common designation, if any, shown above. If no street address or other common designation is shown, directions to the location of the property may be obtained by sending a written request to the beneficiary within 10 days of the date of first publication of this Notice of Sale.
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) 848-9272 or visit this Internet Web site www.elitepostandpub.com, using the file number assigned to this case 13-23516. 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 Web site. The best way to verify postponement information is to attend the scheduled sale.
Dated: 12/12/14. Law Offices of Les Zieve, as Trustee, 30 Corporate Park, Suite 450, Irvine, CA 92606. For Non-Automated Sale Information, call: (714) 848-7920. For Sale Information: (714) 848-9272 www.elitepostandpub.com. Natalie Franklin, Trustee Sale Officer. THIS FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION WE OBTAINED WILL BE USED FOR THAT PURPOSE. EPP 10858 12/18, 12/25, 1/1/2015 . P4342.
EXHIBIT “A”
All that certain real property situated in the County of San Diego, State of California, described as follows:
A Condominium comprised of:
PARCEL 1:
An undivided 1/16th fractional interest as tenant in common in and to Lot 7 of the City of Poway Tract 3926-5, in the City of Poway, County of San Diego, State of California, according to Map thereof No. 10348, filed in the Office of the County Recorder of San Diego County, California, on February 26, 1982.
Excepting therefrom the following:
All Living Units shown upon Country View Phase V Condominium Plan recorded in the Office of the County Recorder of San Diego County, California, on November 13, 1984 as Instrument No. 84-427044 of Official Records.
Excepting therefrom the right to possession of all those areas designated as Exclusive Use Areas as shown upon the Condominium Plan referred to above.
PARCEL 2:
Living Unit No. 136 shown upon the Condominium Plan recorded November 13, 1984 as Instrument No. 84-427044 of Official Records.
PARCEL 3:
The exclusive right to use, possession and occupancy of those portions of Parcel 1 described above, shown as Exclusive Use Areas which bear the same number as the Living Unit described in Parcel 2 above shown on the Condominium Plan referred to above, which right is appurtenant to Parcels 1 and 2 above described.
PARCEL 4:
A non-exclusive easement for ingress and egress over the Common Area of other Phases, as the term “Phase” is defined in the Declaration of Restrictions recorded July 28, 1983 as Instrument No. 83-261312 of Official Records, which easement is appurtenant to Parcels 1, 2 and 3 described above. This easement shall become effective as to each of said Phases, respectively, upon the occurrence of the following two conditions precedent: (I) recordation of Declaration of Annexation declaring such Phase to be subject to the Declaration of Restrictions or a separate Declaration of Restrictions which requires the owners of said Phase to be members of the Country View Condominium Association and (II) conveyance of the first condominium is such Phase, all as more fully set forth in the Declaration of Restrictions referred to above.
The Common Area referred to herein as to each of such Phase shall be as shown and described on the Condominium Plan covering each such Phase recorded in the Office of the County Recorder of San Diego County, California, excepting therefrom any residential buildings thereon and any portion thereof which may be designated as an Exclusive Use Area.
PARCEL 5:
A non-exclusive easement for ingress, egress and utility purposes on and across that certain real property described on Exhibit “C” to the Declaration of Restrictions recorded July 28, 1983 as Instrument No. 83-261312 of Official Records, subject to the Declaration of Restrictions and Irrevocable Offers to Dedicate Real Property for Public Highway Purposes, recorded August 12, 1981 as Instrument No. 81-256847 of Official Records and October 26, 1981 as Instrument No. 81-337989 of Official Records of San Diego County, California. This easement is appurtenant to Parcel 1 and 2 above described.
PARCEL 6:
A non-exclusive easement on and over Lot 5 of City of Poway Tract No. 3926-3, according to Map thereof No. 10346, filed in the Office of the County Recorder of San Diego County, California, on February 26, 1982 and defined as Recreation Area in Recital F of the Declaration of Restrictions recorded July 28, 1983 as Instrument No. 83-261312 of Official Records, for access, use, enjoyment, ingress and egress of the amenities located thereon, subject to the terms and provisions of the Declaration of Restrictions referred to above. This easement is appurtenant to Parcels 1 and 2 above described. The Recreation Area is for the use of owners of condominiums which are subject to the Declaration of Restrictions referred to above and is not for the use of the general public. This easement shall become effective upon the conveyance of Lot 5 to the Country View Condominium Association.
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