Churchill County legal - 17384

  • Discuss Comment, Blog about
  • Print Friendly and PDF

TS No. 210907149

Notice Of Default And Foreclosure Sale

APN 007-891-18 U.S. Department Of Housing And Urban Development Recorded in accordance

with 12 USCA 3764 (c) Whereas, on 9/3/2009, a certain Deed of Trust was executed by Mary G.

Brandt, trustee of the Mary G. Brandt Family Trust dated July 1, 2008 as trustor in favor of Bank of

America, N.A., A National Banking Association as beneficiary, and Northwest Trustee Services, Inc.

as trustee, and was recorded on 9/9/2009, as Instrument No. 409796, in the Office of the County

Recorder of Churchill County, Nevada; and Whereas, the Deed of Trust was insured by the United

States Secretary of Housing and Urban Development (the Secretary) pursuant to the National

Housing Act for the purpose of providing single family housing; and WhereaS, the beneficial interest

in the Deed of Trust is now owned by the Secretary, pursuant to an Assignment of Deed of Trust

dated 3/24/2016, recorded on 5/23/2016, as instrument number 453247, in the Office of the County

Recorder, Churchill County, Nevada; and Whereas, a default has been made in the covenants and

conditions of the Deed of Trust in that the payment due on 9/26/2019, was not made and remains

wholly unpaid as of the date of this notice, and no payment has been made sufficient to restore the

loan to currency; and WHEREAS, the entire amount delinquent as of 10/27/2021 is $430,521.16;

and Whereas, by virtue of this default, the Secretary has declared the entire amount of the indebtedness

secured by the Deed of Trust to be immediately due and payable; Now Therefore, pursuant to

powers vested in me by the Single Family Mortgage Foreclosure Act of 1994, 12 U.S.C. 3751 et

seq., by 24 CFR part 27, subpart B, and by the Secretary’s designation of Total Lender Solutions,

Inc. as Foreclosure Commissioner, recorded on 9/2/2021 as instrument number 490338, notice is

hereby given that on 10/27/2021 at 11:00 AM local time, all real and personal property at or used in

connection with the following described property will be sold at public auction to the highest bidder:

Legal Description: A Parcel Of Land Situate In The West 1/2 Of The Northeast 1/4 Of The Southeast

1/4 Of Section 33, Township 19 North, Range 29 East, M.D.B. & M., Described As Follows:

Commencing At The Northeast Corner Of The Southeast 1/4 Of Section 33, Township 19 North,

Range 29 East, M.D.B. & M; Thence South Along The East Line Of The Southeast 1/4 Of Said

Section 33, A Distance Of 164 Feet; Thence South 81° 28’ West A Distance Of 1002.72 Feet, The

True Point Of Beginning; Thence Around The Parcel As Follows: South 16° 23’ East A Distance Of

412.96 Feet; Thence South 77° 04’ West A Distance Of 17.5 Feet; Thence South 15° 08’ East A

Distance Of 90.33 Feet; Thence South 14° 25’ East A Distance Of 162 Feet; Thence Southerly An

Arc Distance Of 156.26 Feet Through A Central Angle Of 30° 46’ Along A Tangent Curve Concave To

The Northeast Having A Radius Of 291 Feet; Thence South 45° 11’ East Distance Of 133 Feet To

The East Line Of The West 1/2 Of The Northeast 1/4 Of The Southeast 1/4 Of Said Section 33;

Thence South 0° 07’ West A Distance Of 133.95 Feet To The Southeast Corner Of Said West 1/4;

Thence North 89° 42’ 50” West A Distance Of 657.63 Feet To The Southwest Corner Of The

Northeast 1/4 Of The Southeast 1/4 Of Said Section 33; Thence North 0° 13’ 50” East Along West

Line Of The Northeast 1/4 Of The Southeast 1/4 Of Said Section 33 A Distance Of 761.36 Feet To

The Southwest Corner Of A Parcel Of Land Described In Deed To Erwin L. Coolidge, Jr., Recorded

In Book 37, File No. 99306, Deed Records; Thence North 89° 46’ 10” East Along The South Line Of

Said Coolidge Parcel A Distance Of 208 Feet To The Southeast Corner Of Said Coolidge Parcel;

Thence North 0° 13’ 50” East A Distance Of 225.46 Feet To The Northeast Corner Of Said Coolidge

Parcel; Thence North 81° 28’ East A Distance Of 112.88 Feet To The True Point Of Beginning

Excepting Therefrom That Portion Lying Within The Exterior Boundaries Of A County Road. Note:

Legal Description Previously Contained In Document No. 376895, Recorded November 23,2005 In

Churchill County, State Of Nevada. Commonly known as: 600 Howard Pl, Fallon, NV 89406 The

sale will be held at Front entrance to Justice Courthouse, 73 North Main Street, Fallon, NV. The

Secretary of Housing and Urban Development will bid an estimate of $430,521.16. There will be no

proration of taxes, rents or other income or liabilities, except that the purchaser will pay, at or before

closing, his prorata share of any real estate taxes that have been paid by the Secretary to the date

of the foreclosure sale. When making their bids, all bidders except the Secretary must submit a

deposit totaling $43,052.11 [10% of the Secretary’s bid] in the form of a certified check or cashier’s

check made out to the Secretary of HUD. Each oral bid need not be accompanied by a deposit. If

the successful bid is oral, a deposit of $43,052.11 must be presented before the bidding is closed.

The deposit is nonrefundable. The remainder of the purchase price must be delivered within 30

days of the sale or at such other time as the Secretary may determine for good cause shown, time

being of the essence. This amount, like the bid deposits, must be delivered in the form of a certified

or cashier’s check. If the Secretary is the high bidder, he need not pay the bid amount in cash. The

successful bidder will pay all conveyancing fees, all real estate and other taxes that are due on or

after the delivery of the remainder of the payment and all other costs associated with the transfer of

title. At the conclusion of the sale, the deposits of the unsuccessful bidders will be returned to them.

The Secretary may grant an extension of time within which to deliver the remainder of the payment.

All extensions will be for 15-day increments for a fee of $500.00, paid in advance. The extension

fee shall be in the form of a certified or cashier’s check made payable to the Secretary of HUD. If

the high bidder closes the sale prior to the expiration of any extension period, the unused portion of

the extension fee shall be applied toward the amount due. If the high bidder is unable to close the

sale within the required period, or within any extensions of time granted by the Secretary, the high

bidder may be required to forfeit the cash deposit or, at the election of the foreclosure commissioner

after consultation with the HUD Field Office representative, will be liable to HUD for any costs

incurred as a result of such failure. The commissioner may, at the direction of the HUD field office

Representative, offer the Property to the second highest bidder for an amount equal to the highest

price offered by that bidder. There is no right of redemption, or right of possession based upon a

right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant the

Act. Therefore, the Foreclosure commissioner will issue a Deed to the purchaser(s) upon receipt of

the entire purchase price in accordance with the terms of the sale as provided herein. HUD does

not guarantee that the property will be vacant. The amount that must be paid if the Mortgage is to be

reinstated prior to the scheduled sale is $430,521.16, as of 10/26/2021, plus all other amounts that

would be due under the mortgage agreement if payments under the mortgage had not been

accelerated, advertising costs and postage expenses incurred in giving notice, mileage by the most

reasonable road distance for posting notices and for the Foreclosure Commissioner’s attendance at

the sale, reasonable and customary costs incurred for title and lien record searches, the necessary

out-of-pocket costs incurred by the Foreclosure Commissioner for recording documents, a commission

for the Foreclosure Commissioner, and all other costs incurred in connection with the foreclosure

prior to reinstatement. Date: 9/7/2021 Total Lender Solutions, Inc. U.S. Dept. of HUD Foreclosure

Commissioner BY:Max Newman 10505 Sorrento Valley Road, Suite 125 San Diego, CA, 92121

Phone: 866-535-3736 Fax: 866-242-8599 A notary public or other officer completing this certificate

verifies only the identity of the individual who signed the document to which this certificate is

attached, and not the truthfulness, accuracy, or validity of that document. State Of CA County Of

San Diego On 9/13/2021 before me, Randy Newman, a notary public personally appeared, Max

Newman who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)

is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the

same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument

the person(s), or the entity upon behalf of which the person(s) 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. Randy Newman (Seal)

Pub: October 6, 13, 20, 2021. Ad#17384

Comments

Use the comment form below to begin a discussion about this content.

Sign in to comment