Loan: Hilside Knoll, LLC Other: 200210692-991 File: D2013-0669 CKE Investor Loan #: A.P. Number: 352-141-07-00 NOTICE OF TRUSTEE’S SALE UNDER DEED OF TRUST YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED December 21, 2005, 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 PROCEEDINGS AGAINST YOU, YOU SHOULD CONTACT A LAWYER. NOTICE is hereby given that Witkin & Eisinger, LLC, a limited liability company, as trustee, or successor trustee, or substituted trustee, or as agent for the trustee, pursuant to the Deed of Trust executed by Hillside Knoll, LLC, a California Limited Liability Company recorded on 12/30/2005 as Instrument No. 2005-1120822 in Book n/a Page n/a of Official Records in the office of the County Recorder of San Diego County, California, and pursuant to the Notice of Default and Election to Sell thereunder recorded 10/31/2013 in Book n/a, Page n/a, as Instrument No. 2013-0652231 of said Official Records, WILL SELL on 03/17/2014 at the front entrance to the building, 321 N. Nevada Street, Oceanside, CA 92054 at 10:30 A.M. AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH, (payable at the time of sale in lawful money of the United States) all right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and State hereinafter described: As more fully described on said Deed of Trust. The property address and other common designation, if any, of the real property described above is purported to be: 7455 Hillside Dr., La Jolla, CA 92037 The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The total amount of the unpaid balance of the obligation secured by the property to be sold and reasonable estimated costs, expenses and advances at the time of the initial publication of the Notice of Sale is: $9,057,646.59* *The actual opening bid may be more or less than this estimate. In addition to cash, the Trustee will accept a cashier’s check drawn on a state or national bank, a check drawn by a state or federal credit union or a check drawn by a state or federal savings and loan association, savings association or savings bank specified in Section 5102 of the Financial code and authorized to do business in this state. In the event tender other than cash is accepted the Trustee may withhold the issuance of the Trustee’s Deed until funds become available to the payee or endorsee as a matter of right. Said sale will be made, but without covenant or warranty, express or implied regarding title, possession or encumbrances, to satisfy the indebtedness secured by said Deed of Trust including advances authorized thereunder and also including, without way of limitation, the unpaid principal balance of the Note secured by said Deed of Trust together with interest thereon as provided in said Note, plus the fees, charges and expenses of the trustee and the trusts created by said Deed of Trust. THIS PROPERTY IS BEING SOLD IN AN “AS-IS” CONDITION. 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 if your sale date has been postponed, and, if applicable, the rescheduled time and date for the sale of this property, you may call (714) 480-5690 or visit this Internet Web site: wwwtacforeclosures.com/sales using the file number assigned to this case: D2013-0669 CKE (omit the initials/letters at the end of the file number). 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. ADDITIONAL INFORMATION AND DISCLOSURES: (1) At the time of sale, the opening bid by the beneficiary may not represent a full credit bid. The beneficiary reserves the right, during the auction, to increase its bid incrementally up to a full credit bid. The beneficiary may also bid over and above its credit bid with cash, cashier’s checks or cash equivalents. (2) The Trustee’s Deed Upon Sale (TDUS) will not be issued to the successful bidder until the bidder’s payment has been deposited in the trustee’s bank and cleared (all holds released). The bidder may have to take additional actions as required by trustee’s bank in order to facilitate the deposit and clearance of bidder’s funds. (3) If, prior to the issuance of the TDUS, the trustee shall become aware of any deficiency in the foreclosure process, or if the trustee becomes aware of any bankruptcy or other legal issue affecting the validity of the foreclosure sale, then, after consultation with its attorneys, the trustee, in its sole discretion, may decline to issue the TDUS and return the bidder’s funds, without interest. If, subsequent to the issuance of the TDUS, the trustee shall become aware of any deficiency in the foreclosure process, or if the trustee becomes aware of any bankruptcy or other legal issue affecting the validity of the foreclosure sale, then after consultation with its attorneys, the trustee, in its sole discretion, may rescind the TDUS pursuant to Civil Code Section 1058.5(b) and return the bidder’s funds, without interest. (4) When conducted, the foreclosure sale is not final until the auctioneer states “sold”. Any time prior thereto, the sale may be canceled or postponed at the discretion of the trustee or the beneficiary. FOR SALES INFORMATION AND STATUS 24 HOURS A DAY, SEVEN DAYS A WEEK, GO TO: www.tacforeclosures.com/sales OR CALL (714-480-5690 THIS COMMUNICATION MAY BE CONSIDERED AS BEING FROM A DEBT COLLECTOR. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, YOU MAY HAVE BEEN RELEASED FROM PERSONAL LIABILITY FOR THIS DEBT IN WHICH CASE THIS NOTICE IS INTENDED TO EXERCISE THE SECURED PARTY’S RIGHTS AGAINST THE REAL PROPERTY ONLY. Dated: 02/04/2014 Witkin & Eisinger, LLC., a limited liability company, as said Trustee 530 South Glenoaks Boulevard, Suite 207 Burbank, CA 91502 (818) 845-4000 By: Carole Eisinger Trustee Sales Officer TAC: 967744 PUB: 2/20 2/27 3/06/14. LJ1613
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