TRUSTEE SALE
NOTICE OF TRUSTEE'S SALE UNDER DEED OF TRUST T.S. No.: 23-0161 Loan No.: MCRC, LLC Other: 2338289CAD APN: 216-320-09 YOU ARE IN DEFAULT UNDER A DEED OF TRUST DATED 01/25/2023. 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 PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. NOTICE is hereby given that Law Offices of Richard G. Witkin APC, as trustee, or successor trustee, or substituted trustee, or as agent for the trustee, pursuant to the Deed of Trust executed by MCRC, LLC, recorded 01/30/2023 as Instrument No. 2023-007274 in Book n.a., Page n.a. of Official Records in the office of the County Recorder of SAN JOAQUIN County, State of California, and pursuant to the Notice of Default and Election to Sell thereunder recorded 07/12/2023 as Instrument No. 2023-054454 of said Official Records, WILL SELL on 05/29/2024 at 09:30 AM At the East Weber Avenue entrance steps to the San Joaquin County Courthouse, 180 East Weber Avenue, Stockton, CA 95202 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: Lot 2, Tract No. 811, Viking Village, In the City of Manteca, County of San Joaquin, State of California, filed for record in Vol. 19 of maps and plats, Page 4, San Joaquin County records. The property address and other common designation, if any, of the real property described above is purported to be: 410 EASTWOOD AVENUE, MANTECA, MANTECA, CA 95336 The undersigned Trustee disclaims any liability for any incorrectness of the property 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: $2,709,902.57* *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. FOR SALES INFORMATION AND STATUS 24 HOURS A DAY, SEVEN DAYS A WEEK, GO TO: WWW.NATIONWIDEPOSTING.COM OR CALL (916) 939-0772 ADDITIONAL INFORMATION, DISCLOSURES AND CONDITIONS OF SALE: (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 credit 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 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 issuances 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. A bid by the beneficiary may not result in a sale of the property. All bids placed by the auctioneer are on behalf of the seller/beneficiary. (5) NEW -SEVERAL CITIES IN CALIFORNIA, INCLUDING THE CITY OF LOS ANGELES (GOOGLE "MEASURE ULA"), HAVE IMPOSED VERY LARGE, NEW TRANSFER TAXES ON SALES OF CERTAIN HIGH VALUE PROPERTIES. THESE TAXES CAN AMOUNT TO HUNDREDS OF THOUSANDS OF DOLLARS OR EVEN MORE. AS A CONDITION OF THIS SALE, THESE TAXES WILL NOT BE PAID BY THE FORECLOSING LENDER NOR BY THE FORECLOSURE TRUSTEE. THESE TAXES, IF AND WHEN CHARGED, ARE THE RESPONSIBILITY OF THE SUCCESSFUL PURCHASER AT THE FORECLOSURE SALE. This communication may be considered as being from a debt collector. To the extent your original obligation was discharged or is subject to an automatic stay of bankruptcy under Title 11 of the United States Code, this notice is for compliance and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation. However, a secured party may retain rights under its security instrument, including the right to foreclose its lien. Date: 05/02/2024 Law Offices of Richard G. Witkin APC 5805 Sepulveda Boulevard, Suite 670 Sherman Oaks, California 91411 Phone: (818) 845-4000 By: April Witkin Trustee Officer NPP0460180 To: MANTECA BULLETIN Publication Dates 05/08/2024, 05/15/2024, 05/22/2024 MB#05-14