HomeMy WebLinkAboutC-7267-12 - Beacon Bay, 29 - Notice of Defualt 1994 and 1998Recording Requested By:
FIDELITY NATIONAL TITLE INSURANCE
COMPANY
When Recorded Mail To:
LONESTAR MORTGAGEE SERVICES, L.L.C.
P.O. BOX 9013
ADDISON, TEXAS 750001-9013
TS No.: 19989045200645
Loan No.: 0092742234
VA/FHA/PMI No.:
Recorded in the County of orange, California
Gary L. Granville, Clerk/Recorder
19980756893 3;28pm 11/06/98
005 22047868 22 08
N15 2 6.00 3.00 0.00 0.00 0.00 0.00
Pursuant to California Code Section 29246(b)(1) please be advised of the following:
s use
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST
IMPORTANT NOTICE
IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR
PAYMENTS, IT MAY BE 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 five 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 $22,271.23 as of 11/05/1998 , 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. If 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 of
reinstatement that you provide reliable written evidence that you paid all senior liens, property taxes, and hazard insurance
premiums.
Upon your written request, the beneficiary or mortgagee will give you a written itemization of the entire amount 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 safe is posted (which may not be earlier than the three month period stated above) to, an.
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 your property by paying the entire amount demanded by your creditor.
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:
PNC MORTGAGE CORP. OF AMERICA
c/o LONESTAR MORTGAGEE SERVICES, L.L.C.
P.O. BOX 9013
ADDISON, TEXAS 75001-9013
972-419-1167
L591-10/97 (9809) [Page 1 of 2]
TS NO.: 19989045200645
LOAN NO.: 0092742234
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST
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 PROMPT ACTION.
NOTICE IS HEREBY GIVEN: That LONESTAR MORTGAGEE SERVICES, L.L.C. As Agent for the current
beneficiary under a Deed of Trust dated 05/15/1989 , executed by:
MICHAEL B. GALLAGHER, AND SIGNE J. GALLAGHER, HUSBAND AND WIFE
as Trustor, to secure certain obligations in favor of:
COLUMBIA SAVINGS AND LOAN ASSOCIATES
as beneficiary, recorded 05/19/1989 , (as Instrument No.) 89-268854 (in Book ) , (Page )
, of Official Records in the Office of the Recorder of ORANGE County, California describing land
therein as:
AS MORE FULLY DESCRIBED IN THE ABOVE MENTIONED DEED OF TRUST
said obligations including ONE NOTE FOR THE ORIGINAL sum of $385,000.00
That a breach of, and default in, the obligations for which such Deed of Trust is security has occurred in that payment has not been
made of:
THE INSTALLMENT OF PRINCIPAL AND INTEREST WHICH BECAME DUE ON 07/01/1998 AND ALL
SUBSEQUENT INSTALLMENTS, TOGETHER WITH LATE CHARGES AS SET FORTH IN SAID NOTE AND DEED
OF TRUST, ADVANCES, ASSESSMENTS AND ATTORNEY FEES, IF ANY.
NOTHING IN THIS NOTICE SHALL BE CONSTRUED AS A WAIVER OF ANY FEES OWING TO THE
BENEFICIARY UNDER THE DEED OF TRUST, PURSUANT TO THE TERMS OF THE LOAN DOCUMENTS.
That by reason thereof, the present beneficiary under such deed of trust, has executed and delivered to said agent, a written
Declaration of Default and Demand for same, and has deposited with said agent such deed of trust and all documents evidencing
obligations secured thereby, and has declared a_nd does bereby 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.
Dated: November 5, 1998 LONESTAR MORTGAGEE SERVICES, L.L.C.
By: FIDELITY NATIONAL TITLE INSURANCE COMPANY
as Attorney -in -Fact
0
Name:
Al / (1„f woll
Ica Gi
Title: Title Officer
LONESTAR MORTGAGEE SERVICES, L.L.C. IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
LS92 - 10/97 (98 10)
Fidelity National Title Company
2510 N. ed hill Ave. 71100 • Santa Ana, CA 92705-E5542
(714) 622-4993 9 FAX (714) 477-6814
The 29 Company and William G. Geffeney and Linda K. Geffeney
AND
Maureen H. Pierce
DATE: August 28, 1998
RE: CONDITIONS OF ACCEPTANCE OF ESCROW AGENCY
ESCROW NO: 615753 -PB
ESCROW OFFICER: Patty Beverly, CSEO
TO ALL PARTIES:
CERTIFIED TO BE A TRUE AND
EXACT COPY OF THE ORIGINAL HEREOF.
fIDELITY NATI L TITLE COMPANY
BY
Fidelity National Title Company - Major Accounts is in receipt of that certain Real Estate Purchase
Agreement and Joint Escrow Instructions (hereinafter referred to as "Agreement"), dated August 27,
1998 by and between The Twenty Nine Company, a Califoria Partnership and William G. Geffeney and
Linda K. Geffeney (hereinafter referred to as "Seller") and Maureen H. Pierce (hereinafter referred to as
"Buyer") and hereby agrees to:
A. Accept the hereinabove referenced Agreement under our Escrow No. 615753 -PB and be
Escrow Holder under said instructions; and
B. Be bound by said instructions in the performance of its duties as Escrow Holder; provided,
however, the undersigned shall have no obligations, liability or responsibility under any amendment to
said instructions unless and until the same be executed by all parties.
C. THIS ACCEPTANCE OF ANY AGENCY AS ESCROW HOLDER IS FURTHER CONDITIONED ON
THE FOLLOWING:
1. Escrow Holder's General Provisions and Additional Provisions are attached hereto and made a
part hereof by this reference;
2. Escrow Holder shall not be required to determine default of any party and reserves the right to
require mutual disbursement instructions in the event such disbursement is to be made pursuant to
termination of escrow or liquidated damage provision contained in said Agreement;
3. Escrow Holder reserves the right to require the parties to deliver written approval, satisfaction
or waiver of all conditions precedent to (a) any release of funds and/or (b) close of this escrow;
4. Any provisions for release (payment) of funds prior to the close of this escrow is made with
knowledge of the condition(s) of escrow and title to the property that is the subject of this escrow. The
Escrow Holder shall have no responsibility or liability except compliance with any such release
(payment) instruction and any payment so made is without recourse upon Fidelity National Title
Company - Major Accounts;
Date: August -8, 1998
Escrow No: 615753 -PB
Page 2
5. All parties understand that Fidelity National Title Company - Major Accounts may not be' abl&
to provide underwriting approval with regard to issuance of policy(ies) of title insurance requested
herein without a reasonable period of time to review all requirements and documentation supporting
same. This review will require a minimum of three working days. Copies of draft documentation will
be accepted to commence underwriting approval process;
6. Buyer shall furnish Escrow Holder with a completed Preliminary Change of Ownership report
required by the County Assessor, to be attached to the Grant Deed recording herein. If Escrow Holder
is not in receipt of said form prior to the close of this escrow, or if said form is not completed or
acceptable to the County Recorder, buyer agrees to pay an additional recording fee of $20.00 through,
and, at the closing of this escrow.
7. If it is deemed necessary by Escrow Holder, Sellers and Buyers herein authorize and instruct
Escrow Holder to release funds from buyers deposit to cover the costs of appraisal, credit report,
demands, association documents, federal express or any other charge to complete the closing of this
escrow. Buyer and Seller are aware that funds may be released prior to the close of this escrow and
are non-refundable.
8. Chapter 598, Statutes of 1989, effective January 1, 1990 mandates certain hold periods for
any type of check (including Cashiers Checks) being deposited in this escrow prior to disbursement
being able to take place. Delays in closing and/or delays in release of funds prior to closing will occur
if funds by other than a bank wire. Our wire instructions are as follows:
Bank of America
1850 Gateway Blvd., Concord, Ca. 94520
ABA: 121000358
ACCT: 12359-19389
CREDIT: Fidelity National Title Company - Major Accounts
ESCROW#: 615753 -PB
In the event Escrow Holder is requested to transmit funds by wire transfer, provided that funds are
wired in accordance with written instructions, Fidelity National Title Company - Major Accounts shall
not be liable for any act or omission of any financial institution or any other person, nor shall Fidelity
National Title Company - Major Accounts have any liability for loss of funds or interest thereon. Should
Fidelity National Title Company - Major Accounts fail to follow said written instructions then, in no
event will damages exceed interest at a rate equal to Fed Funds rate, adjusted daily, for the number
of days that such funds are unavailable. Fidelity National Title Company - Major Accounts SHALL NOT
BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES,
REGARDLESS OF WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT WHETHER THE
LIKELIHOOD OF SUCH DAMAGE WAS KNOWN TO Fidelity National Title Company - Major Accounts.
The undersigned shall indemnify and hold harmless Fidelity National Title Company - Major Accounts,
its successors or assigns, from any loss, liability and costs incurred as a result of any incorrect
information supplied. The party being debited for said disbursement agrees to pay Escrow Holder a fee
of $50.00 for each wire.
9. In the event Buyer and Seller utilize "facsimile" transmitted, signed documents (by Panafax,
Telefax, etc.) , Buyer and Seller hereby agree to accept, and instruct the Escrow Holder to rely upon
such documents as if they bore original signatures. Buyer and Seller hereby acknowledge and agree to
provide to Escrow Holder, within 72 hours of transmission, such documents bearing the original
signatures. Buyer and Seller further acknowledge and agree that documents necessary for recording
with non -original (facsimile) signatures will not be accepted for recording by the County Recorder, thus
delaying the close of escrow.
Date: August G8, 1998
Escrow No: 615753 -PB
Page 3
10. Parties to this transaction are aware and understand that as a result of the passage of the Tait
Reform Act of 1986, which added section 6045(e) to the Internal Revenue Code, the closing of this
transaction will be delayed in the event Seller(s) to this escrow should refuse to remit to Escrow
Agent/Holder, prior to the close of escrow, "Seller's Certification of Compliance with Real Estate
Reporting Requirements," with all necessary information fully completed and duly executed.
11. Parties to this transaction understand that in accordance with Sections 18662 and 18668 of
the Revenue and Taxation Code, Escrow Holder will be providing the Parties with the required NOTICE
OF TAX WITHHOLDING REQUIREMENTS, and the closing of this transaction will be delayed in the
event any party to this escrow should refuse to remit to Escrow Holder, prior to closing, their written
acknowledgement of receipt of said Notice.
12. Escrow Holder shall not be concerned with, or liable for payment, adjustment or proration of,
supplemental taxes assessed pursuant to Chapter 498, Statutes of 1983, State of California, unless
specifically reflected on the Tax Assessor's rolls. All assessments not shown on the tax rolls are to be
adjusted outside. of escrow. The title policy will contain an exception for the lien of any assessment of
Supplemental Taxes assessed pursuant to Chapter 498, Statutes of 1983.
13. For your information, Fidelity National Title Company - Major Accounts is licensed by the
California Department of Insurance.
14. In the event Escrow Holder is to deposit any funds into an interest bearing account at Bank of
America, at the rate offered at time of investment (s), depositing party will place into escrow a
completed W-9 form to meet bank's investment requirements prior to deposit of funds, and parties are
further aware that a charge of $50.00 will be assessed for the opening of said account.
15. For clarification purposes only, items stated below in agreement are of no concern to escrow
holder, and escrow is released of any further liability and/or responsibility with same:
Items stated in Deposit Receipt and Real Estate Contract being the following items:
#13.1
#13.3
#13.4
#13.5
#14
#15
16. Parties are aware and acknowledge that NO FUNDS WILL BE DEPOSITED into an interest bearing
account until a COMPLETED W-9 is deposited into escrow.
17. Escrow Holder is instructed to charge Seller's account and credit Buyer's account with the sum
of $90,000.00 paid outside of this escrow, which Seller, by signature hereto, acknowledges receipt
of.
Date: August 18, 1998 Page 4
Escrow No: 615753 -PB
We appreciate this opportunity to serve you. Please notify us immediately in the event there are
changes in terms, documentation or time periods set forth.
Sincer y,
Patty Beverly
CSEO
The signatures of the Buyers and Sellers below will constitute their acceptance of these conditions.
Maureen H. Pierce
Linda K. Geffeney
William G. Geffeney
Date: August 28, 1998
Escrow No: 615753 -PB
GENERAL
1. DEPOSIT OF FUNDS
The law dealing with the disbursement of funds requires
that all funds be available for withdrawal as a matter of right by the
title entity's escrow and/or sub escrow account prior to disbursement
of any funds. Only cash or wire transferred funds can be given
immediate availability upon deposit. Cashier's checks, teller's checks
and Certified checks may be available one business day after deposit.
All other funds such as personal, corporate or partnership checks and
drafts are subject to mandatory holding periods which may cause
material delays in disbursement of funds in this escrow. In order to
avoid delays, all fundings should be wire transfer. Outgoing wire
transfers will not be authorized until confirmation of the respective
incoming wire transfer or of availability of deposited checks.
All funds received in this escrow shall be deposited with
other escrow funds in a general escrow account or accounts of
Fidelity National Title Company - Major Accounts, with any state or
national bank, and may be transferred to any other such general
escrow account or accounts. Said funds will not earn interest unless
the instructions otherwise specifically state that funds shall be
deposited in an interest-bearing account. All disbursements shall be
made by check of Fidelity National Title Company - Major Accounts.
The principals to this escrow are hereby notified that the funds
deposited herein are insured only to the limit provided by the Federal
Deposit Insurance Corporation. Any instruction for bank wire will
provide reasonable time or notice for Escrow Holder's compliance
with such instruction. Escrow Holder's sole duty and responsibility
shall be to place said wire transfer instructions with its wiring bank
upon confirmation of (1) satisfaction of conditions precedent or (2)
document recordation at close of escrow. Escrow Holder will NOT
be held responsible for lost interest due to wire delays caused by any
bank or the Federal Reserve System, and recommends that all parties
make themselves aware of banking regulations with regard to
placement of wires.
In the event there is insufficient time to place a wire upon
any such confirmation or the wires have closed for the day, the
parties agree to provide written instructions for an alternative method
of disbursement. WITHOUT AN ALTERNATIVE DISBURSEMENT
INSTRUCTION, FUNDS WILL BE HELD IN TRUST IN A NON-INTEREST
BEARING ACCOUNT UNTIL THE NEXT OPPORTUNITY FOR WIRE
PLACEMENT.
If for any reason funds are retained or remain in escrow
following the close of escrow, you are to deduct therefrom a
reasonable monthly charge as custodian thereof of not less than
$10.00 per month.
2. PROBATIONS AND ADJUSTMENTS
All prorations and/or adjustments called for in this escrow
are to be made on the basis of a thirty (30) day month unless
otherwise instructed in writing. You are to use information contained
on last available tax statement, rental statement as provided by the
Seller, beneficiary's statement and fire insurance policy delivered into
escrow for the prorations provided for herein.
3. SUPPLEMENTAL TAXES
The within described property may be subject to
supplemental real property taxes due to the change of ownership
taking place through this escrow. Any supplemental real property
taxes arising as a result of the transfer of the property to Buyer shall
be the sole responsibility of Buyer and any supplemental real property
taxes arising prior to the closing date shall be the sole responsibility
of the Seller. TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL
BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER.
4. UTILITIES/POSSESSION
Transfer of utilities and possession of the premises are to
be settled by the parties directly and outside escrow.
5. PREPARATION AND RECORDATION OF INSTRUMENTS
Page 5
PROVISIONS
Escrow Holder is authorized to prepare, obtain, record and
deliver the necessary instruments to carry out the terms and
conditions of this escrow and to order the policy of title insurance to
be issued at close of escrow as called for in these instructions. Close
of escrow shall mean the date instruments are recorded.
6. AUTHORIZATION TO FURNISH COPIES
You are authorized to furnish copies of these instructions,
supplements, amendments, notices of cancellation and closing
statements, to the Real Estate Broker(s) and Lender(s) named in this
escrow.
7. RIGHT OF CANCELLATION
Any principal instructing you to cancel this escrow shall file
notice of cancellation in your office in writing. You shall, within two
(2) working days thereafter, deliver, one copy of such notice to each
of the other principals at the addresses stated in this escrow.
UNLESS WRITTEN OBJECTION TO CANCELLATION IS FILED IN
YOUR OFFICE BY A PRINCIPAL WITHIN TEN (10) DAYS AFTER DATE
OF SUCH MAILING, YOU ARE AUTHORIZED TO COMPLY WITH
SUCH NOTICE AND DEMAND PAYMENT OF YOUR CANCELLATION
CHARGES. If written objection is filed, you are authorized to hold all
money and instruments in this escrow and take no further action until
otherwise directed, either by the principals' mutual written
instructions, or by final order of a court of competent jurisdiction.
8. PERSONAL PROPERTY
No examination or insurance as to the amount or payment
of personal property taxes is required unless specifically requested.
By signing these General Provisions, the parties to the
escrow hereby acknowledge that they are indemnifying the Escrow
Holder against any and all matters relating to any "Bulk Sales"
requirements, and instruct Escrow Agent to proceed with the closing
of escrow without any consideration of matter of any nature
whatsoever regarding "Bulk Sales" being handled through escrow.
9. RIGHT OF RESIGNATION
Escrow Holder has the right to resign upon ten (10) days
written notice delivered to the principals herein. If such right is
exercised, all funds and documents shall be returned to the party who
deposited them and Escrow Holder shall have no liability hereunder.
10. AUTHORIZATION TO EXECUTE ASSIGNMENT OF HAZARD
INSURANCE POLICIES
Either Buyer, Seller and/or Lender may hand you the
insurance agent's name and insurance policy information, and you are
to execute, on behalf of the principals hereto, form assignments of
interest in any insurance policy (other than title insurance) called for
in this escrow, forward assignment and policy to the insurance agent,
requesting that the insurer consent to such transfer and/or attach a
loss payable clause and/or such other endorsements as may be
required, and forward such policy(s) to the principals entitled thereto.
It is not your responsibility to verify the information handed you or
the assignability of said insurance. Your sole duty is to forward said
request to insurance agent at close of escrow.
Further, there shall be no responsibility upon the part of
Escrow Holder to renew hazard insurance policy(s) upon expiration or
otherwise keep it in force either during or subsequent to the close of
escrow. Cancellation of any existing hazard insurance policies is to
be handled directly by the principals, and outside of escrow.
11. ACTION IN INTERPLEADER
The principals hereto expressly agree that you, as Escrow
Holder, have the absolute right at your election to file an action in
interpleader requiring the principals to answer and litigate their
several claims and rights among themselves and you are authorized
to deposit with the clerk of the court all documents and funds held
in this escrow. In the event such action is filed, the principals jointly
and severally agree to pay your cancellation charges and costs,
expenses and reasonable attorney's fees which you are required to
Date:
Escrow No:
August z8, 1998
615753 -PB
expend or incur in such interpleader action, the amount thereof to be
fixed and judgment therefor to be rendered by the court. Upon the
filing of such action, you shall thereupon be fully released and
discharged from all obligations imposed by the terms of this escrow
or otherwise.
12. TERMINATION OF AGENCY OBLIGATION
If there is no action taken on this escrow within six (6)
months after the "time limit date" as set forth in the escrow
instructions or written extension thereof, your agency obligation shall
terminate at your option and all documents, monies or other items
held by you shall be returned to the parties depositing same. In the
event of cancellation of this escrow, whether it be at the request of
any of the principals or otherwise, the fees and charges due Fidelity
National Title Company - Major Accounts, including expenditures
incurred and/or authorized shall be borne equally by the parties hereto
(unless otherwise agreed to specifically).
13. CONFLICTING INSTRUCTIONS
Upon receipt of any conflicting instructions, you are to take
no action in connection with this escrow until non -conflicting
instructions are received from all of the principals to this escrow
(subject to sections 7, 9, 11 and 12 above).
14. REIMBURSEMENT ATTORNEY FEES/ESCROW HOLDER
In the event that a suit is brought by any party or parties to
these escrow instructions to which the Escrow Holder is named as a
party which results in a judgment in favor of the Escrow Holder and
against a principal or principals herein, the principals or principals'
agent agree to pay said Escrow Holder all costs, expenses and
reasonable attorney's fees which it may expend or incur in said suit,
the amount thereof to be fixed and judgment therefore to be rendered
by the court in said suit.
15. DELIVERY/RECEIPT
Delivery to principals as used in these instructions unless
otherwise stated herein is to be by regular mail, and receipt is
determined to be 72 hours after such mailing. All documents,
balances and statements due to the undersigned are to be mailed to
the address shown herein.
16. STATE/FEDERAL CODE NOTIFICATIONS
According to Federal Law, the Seller, when applicable, will
be required to complete a sales activity report that will be utilized to
generate a 1099 statement to the Internal Revenue Service.
Pursuant to State Law, prior to the close of escrow, Buyer
will provide Escrow Holder with a Preliminary Change of Ownership
Report. In the event said report is not handed to Escrow Holder for
submission to the County in which subject property is located, upon
recording of the Grant Deed, Buyers acknowledge that the applicable
fee will be assessed by said County and Escrow Holder shall debit the
account of Buyer for same at close of escrow.
Page 6
Buyer and Seller herein represent and warrant tha"hey will
seek and obtain independent legal advice and counsel relative to their
obligations under the "Foreign Investors In Real Property Act", and
any other applicable federal and/or state laws regarding same, and
will take all steps necessary in order to comply with such
requirements and hereby hold you harmless relative to their
compliance therewith.
17. ENCUMBRANCES
Escrow Holder is to act upon any statements furnished by
a lienholder or his agent without liability or responsibility for the
accuracy of such statements. Any adjustments necessary because
of a discrepancy between the information furnished Escrow Holder
and any amount later determined to be correct shall be settled
between the parties direct and outside of escrow.
18. ENVIRONMENTAL ISSUES
Fidelity National Title Company - Major Accounts has made
no investigation concerning said property as to environmental/toxic
waste issues. Any due diligence required or needed to determine
environmental impact as to forms of toxification, if applicable, will be
done directly and by principals outside of escrow. Fidelity National
Title Company - Major Accounts is released of any responsibility
and/or liability in connection therewith.
19. USURY
Escrow Holder is not to be concerned with any questions
of usury in any loan or encumbrance involved in the processing of
this escrow and is hereby released of any responsibility or liability
therefore.
20. DISCLOSURE
Escrow Holder's knowledge of matters affecting the
property, provided such facts do not prevent compliance with these
instructions, does not create any liability or duty in addition to these
instructions.
21. CLARIFICATION OF DUTIES
Fidelity National Title Company - Major Accounts serves
ONLY as an Escrow Holder in connection with these instructions and
cannot give legal advice to any party hereto.
Escrow Holder is not to be held accountable or liable for the
sufficiency or correctness as to form, manner of execution, or validity
of any instrument deposited in this escrow, nor as to the identity,
authority or rights of any person executing the same. Escrow
Holder's duties hereunder shall be limited to the proper handling of
such money and the proper safekeeping of such instruments, or other
documents received by Escrow Holder, and for the disposition of
same in accordance with the written instructions accepted by Escrow
Holder.
The agency and duties of Escrow Holder commence only
upon receipt of copies of these Escrow Instructions executed by all
parties.
THIS AGREEMENT IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF, AND BINDS ALL PARTIES HERETO,
THEIR HEIRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND
WHENEVER THE CONTEXT SO REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, AND
THE SINGULAR NUMBER INCLUDES THE PLURAL. THESE INSTRUCTIONS AND ANY OTHER AMENDMENTS MAY
BE EXECUTED IN ANY NUMBER OF COUNTERPARTS, EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL
AND BE EFFECTIVE AS SUCH.
Date: Augusl 28, 1998
Escrow No: 615753 -PB
Page 7
MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OF ALL TERMS AND CONDITIONS
CONTAINED IN THIS AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND
THESE GENERAL PROVISIONS.
Fidelity National Title Company - Major Accounts CONDUCTS ESCROW BUSINESS UNDER A LICENSE ISSUED TO IT
UNDER IDENTIFICATION NO. 2834-0 BY THE CALIFORNIA DEPARTMENT OF INSURANCE.
Maureen H. Pierce
Linda K. Geffeney
William G. Geffeney
1-1
Date: August —b, r998
Escrow No: 615753 -PB
NOTICE TO BUYER ON DISPOSITION
OF CALIFORNIA REAL PROPERTY
Page 8
Date: August 28, 1998
Escrow No: 615753 -PB
In accordance with Sections 18662 and 18668 of the Revenue and Taxation Code, a buyer may be required to withhold
an amount equal to 3 1/3 percent of the sales price in the case of a disposition of California real property interest by
either:
1. A seller who is an individual with a last known address outside of California or when the disbursement instructions
authorize the proceeds be sent to a financial intermediary of the seller, OR
2. A corporate seller which has no permanent place of business in California.
The buyer may become subject to penalty for failure to withhold an amount equal to the greater of ten percent (10%)
of the amount required to be withheld or five hundred dollars ($500).
However, notwithstanding any other provision included in the California statutes referenced above, no buyer will be
required to withhold any amount or be subject to penalty for failure to withhold if:
1. The sales price of the California real property conveyed does not exceed one hundred thousand dollars ($100,000);
OR
2. The seller executes a written certificate under the penalty of perjury, certifying that the seller is a resident of
California, or if a corporation, has a permanent place of business in California; OR
3. The seller, who is an individual, executes a written certificate, under the penalty of perjury, that the California real
property being conveyed is the seller's principal residence (as defined in Section 1034 of the Internal Revenue code).
The seller is subject to penalty for knowingly filing a fraudulent certificate for the purpose of avoiding the withholding
requirement.
The California statutes referenced above include provisions which authorize the Franchise Tax Board to grant reduced
withholding and waivers from withholding on 'a case-by-case basis.
Date: August —a, 1998
Escrow No: 615753 -PB
Page 9
THE PARTIES TO THIS TRANSACTION SHOULD SEEK THE PROFESSIONAL ADVICE AND COUNSEL OF AN
ATTORNEY, ACCOUNTANT OR OTHER TAX SPECIALIST'S OPINION CONCERNING THE EFFECT OF THIS LAW ON
THIS TRANSACTION AND SHOULD NOT ACT ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR
CLOSING OFFICER.
Receipt acknowledged this Day of 19�
The 29 Comp
By: -/
William G. Geffeney
Ro t F. ngold, Jr.
Linda K. Geffeney
Maureen H. Pierce
RECORD. NG •REQUESTED BY
T.D. SERVICE COMPANY
T. D. SERVICE COMPANY
601 South Lewis Street
P.O. Box 6343
Orange, CA 92667-1343
The following copy of "Notice", the original of
which was filed for record on 5/25/94 in the
office of the County Recorder of said County,
is sent to you inasmuch as an examination
of the title to said trust property shows you
may have an interest in the Trustee's Sale
Proceedings.
SPACE ABOVE THIS LINE FOR RECORDERS USE
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST
T.S. No. E206205 "IlUPORTANT NOTICE"
Unit Code E
Loan No. 7921020/GALLAGHER
1F YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND
IN YOUR PAYMENTS, IT MAY BE 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 five
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 $24,778.66
as of June 1, 1994
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. If 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 taxes, and hazard insurance premiums.
Upon your written request, the beneficiary or mortgagee will give you a written
itemization of the entire amount 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 (which may not be earlier than the end of the three-month period stated above)
to, among 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).
THIS IS PAGE ONE OF A THREE PAGE DOCUMENT.
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST
T.S. No. E206205
Unit Code: E
Loan No. 7921020/GALLAGHER
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 your property by paying the entire amount demanded by your creditor.
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:
Joshua Kelly
Ryland Mortgage
11000 Broken Land Parkway
Columbia, MD 21044
(4 10) 715-7500
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 PROMPT ACTION.
NOTICE IS HEREBY GIVEN: THAT T.D. SERVICE COMPANY
is duly appointed Trustee under the following described deed of trust:
TRUSTOR: MICHAEL B. GALLAGHER
SIGNE J. GALLAGHER
BENEFICIARY: COLUMBIA SAVINGS AND LOAN ASSOCIATION
Recorded May 19, 1989 as Instr. No.89-268854 In Book
Page of Official Records in the office
of the Recorder of orange County;
said deed of trust describes the following:
LOT 29 AS SHOWN ON RECORD OF SURVEY MAP FILED IN BOOK 9 PAGES 42 AND 43
OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECOkDER OF SAID
LRTNGE COUNAND TYASCALIFOkNPAAHOWN TOGETHER WITH CERTAIN PORTIONS OF ADJOINING
THIS IS PAGE TWO OF A THREE PAGE DOCUMENT
T.S. No. E206205
Unit Code E
Loan No. 7921020/GALLAGHER
said deed of trust secures certain obligations including one note for the
sum of $385,000.00
That the beneficial interest under such deed of trust and the obligations secured
thereby are presently held by the undersigned; That a breach of, and default in, the
obligations for which such deed of trust is security has occurred in that payment has
not been made of:
THE INSTALLMENT OF PRINCIPAL AND INTEREST WHICH BECAME DUE FEBRUARY 1,
1994 AND ALL SUBSERUENT INSTALLMENTS OF PRINCIPAL AND INTEREST. PLUS
LATE CHARGES. THE UM OF 8 567.75c ADVANCED BY THE BENEFICIARY IN
PAYMENT OF DELINQUENT REALLSTATE `TAXES AND INSURANCE.
That by reason thereof, the present beneficiary under such deed of trust, has executed
and delivered to said duly appointed Trustee, a written Declaration of Default and
Demand for sale, and has deposited with said duly appointed Trustee, such deed of trust
and all documents evidencing 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.
DATED May 25, 1994
T.D. Service Company, As Trustee
BY ... ..... BY ...........................
...................
DIANE ERICKSON/ASST. SECRETARY
THIS IS PAGE THREE OF A THREE PAGE DOCUMENT
-RYLAN D
MORTGAGE
11000 Broken Land Parkway
Columbia, Maryland
21044-3562
410 715-7500 Tel
May 20, 1994
Mr. Ken Delino
City of Newport Beach, City Hall
3300 Newport Blvd.
Newport, Beach, CA 92658-8915
Re: RMC# 7921020\GALLAGHER
Property Address: 29 Beacon Bay
Newport Beach, CA 92660
Dear Mr. Delino:
Attached please find our check in the amount of $6,918.75. this represents the
delinquent lease payments due on the above referenced property. Ryland
Mortgage Company will be paying the lease payments monthly starting with the
June 1994 payment out of the borrower's escrow account. This will prevent the
lease payments from becoming delinquent again.
If you do not receive the June's payment, please contact our Customer Service
Dept. immediately.
Any questions concerning the lease payments may also be directed to our
Customer Service Dept. as well. Their number is 1 -800 -222 -HOME.
Thank you for bringing this situation to my attention. You may contact me
directly at any time at 410-715-7607.
Sincerely,
anice Weirauch
Foreclosure Specialist
RECORDj.NG 1 iQUESTED BY
T.D. SERVICE COMPANY
T. D. SERVICE COMPANY
601 South Lewis Street
P.O. Box 6343
orange, CA 92667-1.343
The following copy of "Notice", the original of
which was filed for record on 5/25/94 in the
office of the County Recorder of said County,
is sent to you inasmuch as an examination
of the title to said trust property shows you
may have an interest in the Trustee's Sale
Proceedings.
SPACE ABOVE THIS LINE FOR RECORDERS USE
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST
T.S. No. E206205 " AWORTANT NOTICE"
Unit Code E
Loan No. 7921020/GALLAGHER
IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND
IN YOUR PAYMENTS, IT MAY BE 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 five
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 $24,778.66
as of June 1, 1994
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. If 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 taxes, and hazard insurance premiums.
Upon your written request, the beneficiary or mortgagee will give you a written
itemization of the entire amount 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 which may not be earlier than the end of the three-month period stated. above)
to, among 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).
THIS IS PAGE ONE OF A THREE PAGE DOCUMENT.
NOTICE OF DEFAULAD ELECTION TO SELL UNIER DEED OF TRUST
T.S. No. E206205
Unit Code: E
Loan No. 7921020/GALLAGHER
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 creditorpermits a longer period, you have only the legal right to
stop the sale of your property y paying the entire amount demanded by your creditor.
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:
Joshua Kelly
Ryland Mortgage
11000 Broken Land Parkway
Columbia, MD 21044
(410) 71.5-7500
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 PROMPT ACTION.
NOTICE IS HEREBY GIVEN: THAT T.D. SERVICE COMPANY
is duly appointed Trustee under the following described deed of trust:
TRUSTOR: MICHAEL B. GALLAGHER
SIGNE J. GALLAGHER
BENEFICIARY: COLUMBIA SAVINGS AND LOAN ASSOCIATION
Recorded May 19, 1989 as Instr. No.89-268854 In Book
Page of Official Records in the office
of the Recorder of orange County;
said deed of trust describes the following:
LOT 29 AS SHOWN ON RECORD OF SURVEY MAP FILED IN BOOK 9 PAGES 42 AND 43
ORANGGEOCOUNTY SURVEYS IN
TTOGETHEREWITHTCERTAINTPORTIONSEOFOADJOINING
LOTS E AND F AS SHOWN UPO* SAID MAP.
THIS; IS PAGE TWO OF A THREE PAGE DOCUMENT
1
T.S. No. E206205
Unit Code E
Loan No. 7921020/GALLAGNER
said deed of trust secures certain obligations including one note for the
sum of $385, 000.00
That the beneficial interest under such deed of trust and the obligations secured
thereby are presently held by the undersigned; That a breach of, and default in, the
obligations for which such deed of trust is security has occurred in that payment has
not been made of:
.UARY 1,
PLUS
IN
That by reason thereof, the present beneficiary under such deed of trust, has executed
and delivered to said duly appointed Trustee, a written Declaration of Default and
Demand for sale, and has deposited with said- duly appointed Trustee, such deed of trust
and all documents evidencing 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.
DATED May 25, 1994
T.Q. Service Company, As Trustee
BY..... BY ...........................
DIANE ERICKSON/ASST. SECRETARY
THIS IS PAGE THREE OF A THREE PAGE DOCUMENT
RECO.RPING REQUESTED BY
T.D. SERVICE COMPANY
and when recorded mail to
T.D. Service Company
601 South Lewis Street
P.O. Box 6343
Orange, CA 92613-6343
SPACE ABOVE THIS LINE FOR RECORDERS USE
SUBSTITUTION OF TRUSTEE
Loan No. 7921020/GALLAGHER
T.S. No. E206205
UNIT CODE: E NOTICE IS HEREBY GIVEN: That the beneficiary
desires to substitute a new Trustee under the Deed of Trust hereinater referred to
in the place and stead of thepresent Trustee thereunder, in the manner provided
for in said Deed of Trust and does hereby substitute
T.D. SERVICE COMPANY
601 South Lewis Street_ .
Orange, CA 92668
COLUMBIA FINANCIAL CORPORATION
was the original Trustee in the Deed of Trust hereinafter described:
TRUSTOR: MICHAEL B. GALLAGHER
SIGNE J. GALLAGHER
BENEFICIARY: COLUMBIA SAVINGS AND LOAN ASSOCIATION
Recorded May 19, 1989 as Instr. No.89-268854 in Book
Page of Official Records in the office
of the Recorder of Orange County;
Whenever the context hereof so requires, the masculine gender includes the feminine
and/or neuter, and the singular number includes the plural.
Dated MAY 25
19_94
CURRENT BENEFICIARY:
STATE STREET BANK AND TRUST COMP
BY ..!. B
J E VERNER ND I,
CE PRESIDENT ASSISTANT SECRETARY
CORPORATION
State of HOWARD )
MARYLAND )ss
County of
On this 25th day of MAY , in the year 1994
before me, the undersiggnned a Notary Public in and for said State, personally
appeared JOANNE VERNER
and RAYMOND KOMINSKI ,
( personally known to me
( proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
VI President and ASSISTANT Secretary respectively,
of the cor ora 'on therein names} and acknowledged to me that the corporation exe-
cuted it aut to its bV 1.a*a; or a resolution of its board of directors.
Signature--���CLCZ��- %� '�� �/� (Seal)
NOTARY(3UBLIC IN D FOR SAID STATE
T.S. No.
STATE OF CALIFORNIA
COUNTY OF nIfoMIr
rJ
AFFIDAVIT OF MAILING
SUB -BY -CODE
f
)so
I am of legal age and employed in the county aforesaid. On ,
personally mailed a copy of the attached Substitution of Trustee, prior to the
recording thereof, in the manner provided in Section 2924b of the Civil Code of the
State of California, to the trustee of record under the Deed of Trust described in
said Substitution and to all persons whom a copy of the Notice of Default would be
required to be mailed by the provisions of such section.
Subscribed and sworn to before me
19 Q
Notary Public in an for said County and State
MICHMEY. MANDA
COMM. #"?M
40 No=f i+bYo�ca r&rk
Mrd Exp .�
rECORDING REQUESTED BY
T.D. SERVICE COMPANY
and when recorded mail to
T.D. Service Company
601 South Lewis Street
P.O. Box 6343
Orange, CA 92613-6343
•
SPACE ABOVE THIS LINE FOR RECORDERS USE
SUBSTITUTION OF TRUSTEE
Loan No. 7921020/GALLAGHER
T.S. No. E206205
UNIT CODE: E NOTICE IS HEREBY GIVEN: That the beneficiary
desires to substitute a new Trustee under the Deed of Trust hereinater
in the place and stead of the present Trustee thereunder, in the manner
for in said Deed of Trust and does herebysubstitute
T.D. SEVICE COMPANY
601 South Lewis Street
Orange, CA 92668 -
COLUMBIA FINANCIAL CORPORATION
was the oriinal Trustee in the Deed of Trust hereinafter described:
TRUSTOR: M78HAEL B. GALLAGHER
SIGNE J. GALLAGHER
BENEFICIARY: COLUMBIA SAVINGS AND LOAN ASSOCIATION
Recorded May 19,1989 as Instr. No.89-268854 in Book
Page of Official Records in the office
of the Recorder of Orange County;
referred to
provided
Whenever the context hereof so requires, the masculine gender includes the feminine
and/or neuter, and the singular number includes the plural.
Dated MAY 25
CURRENT BENEFICIARY:
X19 94
STATE STREET BW
f AND TRUST COMP
J E VBY EP �Z
CE PRESIDENT ASSISTANT SECRETARY
CORPORATION
State of HOWARD }
MARYLAND )ss
County of )
On this 75th day of MAY , in the year 1994 ,
before me, the undersigned, a Notary Pu lic in and for said State, personally
appeared JOANNE VERNER
and RAYMOND KOMINSKI ,
( personally known to me
( proved to me on the basis of satisfactory evidence
to be the person(s) who executed the within instrument as
VI President and ASSISTANT Secretary respectively,
of the cor ora 'on therein name4 and acknowledged to me that the corporation exe-
cuted it t/to its b - or a r solution of its board of directors.
Signature G`LCL44 (Seal)
WOTARYc3UBLIC IN MD FOR SAID STATE
T. S. No. [-,z)u2b5
STATE OF CALIFORNIA
COUNTY OF bYOMcJr
AFFIDAVIT OF MAILING
SUB -BY -CODE
)ss
am of legal age and employed in the county aforesaid. On i
personally mailed a copy of the attached Substitution of Trustee, prior to the
recording thereof, in the manner provided in Section 2924b of the Civil Code of the
State of California, to the trustee of record under the Deed of Trust described in
said Substitution and to all persons whom a copy of the Notice of Default would be
required to be mailed by the provisions of such section.
Subscribed and sworn to before me
19 qu
--��
Notary Public in anZ( for said County and State
1 kt
MICcor�i Y��DA�
«mla
s
, �
Mra
UA 4 �
RECORDING REQUESTED BY
T.D. SERVICE COMPANY
AND WHEN RECORDED MAIL TO�+gA
T.D. SERVICE COMPANY L�lz
601 South Lewis StreetP.O. Box 6343Orange, Calif. 92613-6343
(714) 385-4700 00'.",
SPACE ABOVE THIS LINE FOR RECORDERS USE
NOTICE OF TRUSTEE'S SALE
T.S. No. E206205
Unit Code E
Loan No. 7921020/GALLAGHER
AP# 050-211-17
T.D. SERVICE COMPANY
as duly appointed Trustee under the following described deed of trust WILL SELL AT
PUBLIC AUCTION TO,THE HIGHEST BIDDER FOR CASH (in the forms which are lawful tender
in the United States) and/or the cashier's, certified or other checks specified in_
Civil Code Section 2924h (payable in full at the time of sale to T.D. Service
Company) all right, title and interest conveyed to and now held by it under said
Deed of Trust in the property hereinafter described:
TRUSTOR: MICHAEL B. GALLAGHER
SIGNE J. GALLAGHER
BENEFICIARY: COLUMBIA SAVINGS AND LOAN ASSOCIATION
Recorded May 19, 1989 as Instr. No. 89-268854 In Book
page of Official Records in the office
of the Recorder of Orange County;
said deed of trust describes the following:
LOT 29 AS SHOWN ON RECORD OF SURVEY MAP FILED IN BOOK 9 PAGES 42 AND 43 OF RECORD
OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY,
CALIFORNIA, TOGETHER WITH CERTAIN PORTIONS OF ADJOINING LOTS E AND F AS SHOWN UPON
SAID MAP.
YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 5/15/89. 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.
29 BEACON BAY, NEWPORT BEACH, CA 92660
"(If a street address or common designation of property is shown above, no warranty
is given as to its completeness or correctness) " The beneficiary under said Deed
of Trust, by reason of a breach or default in lie obligations secured thereby,
heretofore executed and delivered to the undersigned a written Declaration of
Default and Demand for,Sale, and written notice of default and of election to cause
the undersigned to sell said property to satisfy said obligations, and thereafter
the undersigned caused said notice of default and of election to be
Recorded May 25, 1994 as Instr. No. 94-359762 In Book
Page of Official Records in the office
of the recorder of Orange County;
0 0
T.S. No. E206205
Unit Code E
Loan No. 7921020/GALLAGHER
Said Sale of property will be made in "as is" condition without covenant or
warranty, express or implied, regarding title possession, or encumbrances, to pay
the remaining principal sum of the note(s) secured by said deed of Trust, with
interest as in said note provided, advances, if any, under the terms of said Deed
of Trust, fees, charges and expenses of the Trustee and of the trusts created by
said Deed of Trust.
Said sale will be held on:
November 3., 1994, at 3:OO p.m. on the front steps to the entrance of the Orange
Civic Center, 300 E. Chapman Orange, CA
At the time of the initial publication of this notice, the total amount of the
unpaid balance of the obligation secured by the above described deed of trust and
estimated costs, expenses, and advances is $402,291.32.
It is possible that at the time of sale the opening bid may be less than the
total indebtedness due.
Date: 10/10/94 T.D. RVICE COMP
A
a" a'd Trustee,
By
Diane Erickson, A istant Secretary
601 South Lewis St. Orange, CA 92668
(714) 385-47b0
IF AVAILABLE, THE EXPECTED OPENING BID MAYBE OBTAINED BY CALLING THE FOLLOWING
TELEPHONENUMBERSON THE DAY BEFORE THELE: (714)385-4837 or (213)627,4865