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HUNTER, C & B & ORGERON, F&B-2005
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HUNTER, C & B & ORGERON, F&B-2005
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Last modified
1/3/2012 2:57:33 PM
Creation date
9/7/2005 11:59:55 AM
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Contracts
Company Name
Creighton D. & Betty A. Hunter & Fred & Brenda Orgeron
Contract #
A-2005-203
Agency
Public Works
Council Approval Date
8/15/2005
Expiration Date
9/15/2005
Destruction Year
2010
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<br />its street address or other common designation, if any, and if neither exists, the notice shall contain Vendor's <br />name and address at whose request the sale is to be conducted and a statement that directions may be obtained <br />pursuant to a written request submitted to Vendor within ten (10) days from the first publication of such notice. <br />Directions shall be deemed reasonably sufficient to locate the property if the location of the property is given by <br />reference to the approximate distance from the nearest crossroads, frontage road or access road. If a legal <br />description of the property is given, the validity of the notice and of the sale shall not be affected by the fact that <br />the street address, other common designation, Vendor's name and address or the directions obtained therefrom <br />are erroneous or have been omitted. <br /> <br />c. Any person desiring a copy of any notice of default or sale under this Contract may, at any time subsequent to <br />recordation of the Contract and prior to the recordation of notice of default, cause to be filed for record in the <br />office of the recorder of any county in which any part or parcel of the property is situated, a duly acknowledged <br />request for a copy of any such notice of default and of sale. This request shall be signed and acknowledged by <br />the person making the request specifying the name and address of the person to whom notice is to be mailed, <br />shall identify the Contract by stating the name of the parties thereto, date of recordation thereof and book and <br />page where the same is recorded or the recorder's number and shall be in substantially the form set out in Civil <br />Code section 2924b. <br /> <br />d. Vendor, Trustee or any other person authorized to record the notice of default shall: <br /> <br />(1) within ten (10) days following such recordation, deposit or cause to be deposited in the United States <br />mail an envelope, registered or certified with postage prepaid, containing a copy of such notice with <br />the recording date shown thereon addressed to each person whose name and address is set forth in <br />a duly recorded request therefore, directed to the address designated in such request; <br />(2) at least twenty (20) days before the date of sale, deposit or cause to be deposited in the United <br />States mail an envelope, registered or certified with postage prepaid, containing a copy of the notice <br />of the time and place of sale, addressed to each person whose name and address is set forth in a <br />duly recorded request therefore, directed to the address designated in such request; <br />(3) within one month following recordation of such notice of default, deposit or cause to be deposited in <br />the United States mail an envelope, registered or certified with postage prepaid containing a copy of <br />such notice with the recording date shown thereon, addressed to each person set forth below <br />provided that: (a) the estate or interest of any person entitled to receive notice under this subsection <br />is acquired by an instrument sufficient to impart constructive notice of such estate or interest which is <br />being foreclosed; (b) such estate or interest is recorded so as to impart constructive notice prior to <br />the date the notice of default was recorded; (c) such instrument as recorded sets forth a mailing <br />address which the county recorder shall use, as instructed within the instrument for the return of <br />such instrument after recording, and which address shall be the address used for the purposes of <br />mailing notices herein. The persons to whom such notice shall be mailed under this subsection (3) <br />are: (a) Vendee's successor(s) in interest as of the recording date of the notice of default; (b) the <br />beneficiary, mortgagee, vendee or lessee and his assignees of any lien recorded subsequent to the <br />foreclosure under the terms of the Contract or recorded prior to or concurrently with the foreclosure <br />under the terms of the Contract but subject to a recorded agreement or a recorded statement of <br />subordination to this foreclosure under the terms of the Contract; (c) the Controller where a lien for <br />postponed property taxes has been recorded against the property as of the recording date of the <br />notice of default; <br />(4) at least twenty (20) days before the date of sale, deposit or cause to be deposited in the United <br />States mail, an envelope, registered or certified with postage prepaid, containing a copy of the notice <br />of the time and place of sale addressed to each person to whom a copy of the notice of default is to <br />be mailed as provided in subsection (3) above. <br /> <br />e. The sale of the property under the power of sale contained in this Contract shall be held in the county where the <br />property or a part thereof is situated, and shall be made at auction, to the highest bidder, between the hours of 9 <br />in the morning and 5 in the afternoon. When the property consists of several lots or parcels they may be sold <br />separately; when a portion of the property is claimed by a third person, and he requires it sold separately, this <br />may be done. Vendee may direct the order in which the property shall be sold if the lots or parcels may be sold to <br />advantage separately. After sufficient property has been sold to satisfy the indebtedness no more can be sold. If <br />the property is in two or more counties, the auction may take place in anyone of those counties. There may be a <br />postponement of the sale proceedings at any time prior to the completion of the sale at Trustee's discretion or <br />Vendor's instruction. The notice of each postponement shall be given by public declaration by Trustee at the time <br />and place last appointed for sale. Such public declaration shall set forth the new date, time, and place of sale, <br />which place of sale shall be the same place as originally fixed by Trustee for the sale. No other notice of <br />postponement need be given. <br /> <br />f. Each and every bid made by a bidder at a Trustee's Sale pursuant to the power of sale contained in this Contract <br />shall be deemed to be an irrevocable offer by that bidder to purchase the property being sold. Any subsequent <br />bid by the same or another bidder for a higher bid cancels out the prior bid. <br /> <br />5 <br />
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