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As recorded in the Official Records of San Diego County, Document No. 2008-0537007 on OCT 14, 2008 at 4:09 PM
NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST
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 (5) business days prior to the date set for the sale of your property. No sale date may be set until three(3) months from the date this notice of default may be recorded (which date of recordation appears on this notice).
This amount is $1,396,699.99
as of October 14, 2008, 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 pro
perty, 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; (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 FORCLOSURE FOR ANY OTHER REASON, CONTACT:
Mr. Jonathon Lacey
Attorney for Beneficiary SAM KHOLI
2225 Moore Street, Suite 207
San Diego, California 92110
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
under the deed of trust executed by JON H. BERKEY and JOLANTA EWA BERKEY as trustors, to FIDELITY NATIONAL TITLE, as trustee, and SAM KHOLI ENTERPRISES, INC., as beneficiary, recorded on November 15, 2005 as Doc #2005-0989370 in the Official Records of San Diego County, California, a breach of the obligation secured by the deed of trust has occurred, that the nature of the breach is the failure of you, as the trustor, to pay unto the beneficiary the interest installmentpayments and the entire principal amount each due and owing on January 14, 2006 on the promissory note dated November 14, 2005, and executed by the trustor on November 14, 2005 indicating a loan for the sum of money equaling $1,360,000.00 and secured by the property described in Exhibit A attached to this Notice. A CorporationAssignment of Deed of Trust assigning the rights of beneficiary Sam Kholi Enterprises, Inc. to new beneficiary, Sam Kholi, a single man, was recorded on March 22, 2006 as Document #2006-0198198. A Substitution of Trustee and Full Reconveyance replacing Trustee Fidelity National Title with new Trustee Sam Kholi was filed May 2, 2008 as Doc #2008-0237079. Therefore the bewneficiary SAM KHOLI (1) declares all sums secured by the deed of trust immediately due and payable and (2) elects to sell or cause to be sold the trust property to satisfy the obligation.
October 14, 2008
Attorney for Sam KholiEXHIBIT A
LOT 232 OF LA JOLLA ALTA UNIT NO. 5, IN THE CITY OF LA JOLLA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7313, FILED IN THE OFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 16, 1972
STREET ADDRESS: 1713 CALLE DE ANDLUCA, LA JOLLA, CA 92037-7112
APN NUMBER: 358-640-13-00
Pub. Oct 23, 30, Nov 6, 13-00048468