NOTICE OF TRUSTEE'S SALE File ID. #12-12974 Fairhurst

Event Date: 
Mon, 01/14/2013 - 10:00am

NOTICE OF TRUSTEE'S SALE

File ID. #12-12974 Fairhurst

Notice is hereby given that David W. Cowles, Attorney at Law, as trustee (or successor trustee, or substituted trustee), pursuant to the Deed of Trust which had an original balance of $113,040.00 executed by Gilbert Fairhurst and Patricia Fairhurst, husband and wife as joint tenants with right of survivorship, 17700 E Highway 169 Dewey, AZ 86327-7337 , dated January 31, 2006 and recorded February 7, 2006, as Instrument No./Docket-Page B-4362 P-415 of Official Records in the office of the County Recorder of Yavapai County, State of Arizona, will sell the real property described herein by public auction on January 14, 2013 at 10:00 AM, on the steps facing Gurley Street at the Old Yavapai County Courthouse located at 120 S. Cortez Street, Prescott, AZ 86303., to the highest bidder for cash (in the forms which are lawful tender in the United States and acceptable to the Trustee, payable in accordance with ARS 33-811A), 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 and more fully described as:

PARCEL I: All that portion of the Northeast quarter of Section 5, Township 13 North, Range 2 East, Gila and Salt River Base and Meridian, Yavapai County, Arizona, described as follows: BEGINNING at the Northeast corner of said Section 5, said point being a 1917 GLO Brass Cap;; Thence South 89 degrees 54 minutes 30 seconds West a distance of 1319.71 feet to a 1/2" rebar with cap RLS 22776; Thence South 02 degrees 39 minutes 55 seconds West, a distance of 994.74 feet to a 1/2 inch rebar capped RLS 22776, said point being the TRUE POINT OF BEGINNING; Thence South 02 degrees 39 minutes 56 seconds West, a distance of 476.44 feet to a 1/2 inch rebar capped RLS 33872; Thence North 54 degrees 17 minutes 24 seconds West, a distance of 260.79 feet to a 14 inch rebar capped L.S. 22776; Thence North 12 degrees 25 minutes 54 seconds West, a distance of 89.01 feet to a 1/2 inch rebar capped RLS 33872; Thence North 29 degrees 49 minutes 23 seconds East, a distance of 90.23 feet to a 1/2 inch rebar capped RLS 33872; Thence North 16 degrees 45 minutes 31 seconds West, a distance of 163.26 feet to a 1/2 inch rebar capped RLS 33872; Thence North 89 degrees 30 minutes 41 seconds East, a distance of 255.28 feet to the TRUE POINT OF BEGINNING.

PARCEL II: An easement for ingress and egress, 50 feet wide, lying Easterly of and parallel to the following described line; BEGINNING at the Southwest corner of Parcel I described above; Thence South 02 degrees 40 minutes 00 seconds West, 476.17 feet to the END of said line. The East side line of said easement to be extended to intersect with the Northerly right of way line of State Route 169.

PARCEL III: An easement for ingress, egress and utilities lying 30 feet Southerly of, adjacent to and parallel with the following described line: BEGINNING at the Northeast corner of Parcel I herein; Thence South 89 degrees 30 minutes 41 seconds West, a distance of 183.05 feet to the END of this line description.

PARCEL IV: An easement for ingress, egress and utilities lying 50 feet Easterly of, adjacent to and parallel with the following described line: BEGINNING at the Northeast corner of Parcel I herein; Thence South 89 degrees 30 minutes 41 seconds West, a distance of 183.05 feet to the POINT OF BEGINNING of this line description; Thence South 02 degrees 41 minutes 06 seconds West, 361.80 feet to the END of this line description. More correctly described as: PARCEL I: All that portion of the Northeast quarter of Section 5, Township 13 North, Range 2 East, Gila and Salt River Base and Meridian, Yavapai County, Arizona, described as follows: BEGINNING at the Northeast corner of said Section 5, said point being a 1917 GLO Brass Cap;; Thence South 89 degrees 54 minutes 30 seconds West a distance of 1319.71 feet to a 1/2" rebar with cap RLS 22776; Thence South 02 degrees 39 minutes 55 seconds West, a distance of 994.74 feet to a 1/2 inch rebar capped RLS 22776, said point being the TRUE POINT OF BEGINNING; Thence South 02 degrees 39 minutes 56 seconds West, a distance of 476.44 feet to a 1/2 inch rebar capped RLS 33872; Thence North 54 degrees 17 minutes 24 seconds West, a distance of 260.79 feet to a 14 inch rebar capped L.S. 22776; Thence North 12 degrees 25 minutes 54 seconds West, a distance of 89.01 feet to a 1/2 inch rebar capped RLS 33872; Thence North 29 degrees 49 minutes 23 seconds East, a distance of 90.23 feet to a 1/2 inch rebar capped RLS 33872; Thence North 16 degrees 45 minutes 31 seconds West, a distance of 163.26 feet to a 1/2 inch rebar capped RLS 33872; Thence North 89 degrees 30 minutes 41 seconds East, a distance of 255.28 feet to the TRUE POINT OF BEGINNING.

PARCEL II: An easement for ingress and egress, 50 feet wide, lying Easterly of and parallel to the following described line; BEGINNING at the Southwest corner of Parcel 130-A, as shown in book 142 of Land Surveys, page 93. Thence South 02 degrees 40 minutes 00 seconds West, 476.17 feet to the END of said line. The East side line of said easement to be extended to intersect with the Northerly right of way line of State Route 169.

PARCEL III: An easement for ingress, egress and utilities lying 30 feet Southerly of, adjacent to and parallel with the following described line: BEGINNING at the Northeast corner of Parcel 130-A, as shown in book 142 of Land Surveys, page 93. Thence South 89 degrees 30 minutes 41 seconds West, a distance of 183.05 feet to the END of this line description.

PARCEL IV: An easement for ingress, egress and utilities lying 50 feet Easterly of, adjacent to and parallel with the following described line: BEGINNING at the Northeast corner of Parcel 130-A, as shown in book 142 of Land Surveys, page 93. Thence South 89 degrees 30 minutes 41 seconds West, a distance of 183.05 feet to the POINT OF BEGINNING of this line description; Thence South 02 degrees 41 minutes 06 seconds West, 361.80 feet to the END of this line description. The street address/location of the real property described above is purported to be: 17700 E Highway 169 Dewey, AZ 86327-7337. Tax Parcel No.: 402-13-130D 1. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The beneficiary under the aforementioned Deed of Trust has accelerated the Note secured thereby and has declared the entire unpaid principal balance, as well as any and all other amounts due in connection with said Note and/or Deed of Trust, immediately due and payable. Said sale will be made in an "as is" condition, but without covenant or warranty, express or implied, regarding title, possession or encumbrances, to satisfy the indebtedness secured by said Deed of Trust, advances thereunder, with interest as provided therein, and the unpaid principal balance of the Note secured by said Deed of Trust with interest thereon as proved in said Note, plus fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust Current Beneficiary:Bank of America, NA; Care of/Servicer: Bank of America/Fidelity Bank of America, N.A. 1800 Tapo Canyon Rd Simi Valley, CA 93063;

Current Trustee: David W. Cowles 2525 East Camelback Road #300 Phoenix, Arizona 85016 (602) 255-6000. Dated: 10/08/2012

/S/David W. Cowles, Attorney at Law, Trustee/Successor Trustee under said Deed of Trust, and is qualified to act as Successor Trustee per ARS Section 33-803 (A) 2, as a member of the Arizona State Bar. STATE OF ARIZONA, County of Maricopa. This instrument was acknowledged before me on 10/08/2012, by DAVID W. COWLES, Attorney at Law, as Trustee/Successor Trustee.

/S/Mary P. Dobos, Notary Public Commission expiration is 10/22/2014.

NOTICE: This proceeding is an effort to collect a debt on behalf of the beneficiary under the referenced Deed of Trust. Any information obtained will be used for that purpose. Unless the loan is reinstated, this Trustee's Sale proceedings will result in foreclosure of the subject property