Opinion
2:16-CV-02555-TLN-KJN
07-07-2021
AVALANCHE FUNDING, LLC, a Colorado limited liability company; Plaintiff, SYED M. ARIF, an individual; SYEDA REHANA BEGUM, an individual; TIM SWICKARD, an individual; MAPES RANCH, INC., a California corporation; FIVE DOT CATTLE COMPANY, a California corporation; NORMAN F. RICE, deceased; THE TESTATE AND INTESTATE SUCCESSORS OF NORMAN F. RICE, DECEASED, AND ALL PERSONS CLAIMING BY, THROUGH OR UNDER SUCH DECEDENT, AS REPRESENTED BY THE PERSONAL REPRESENTATIVE OF THE ESTATE OF NORMAN F. RICE; GLORIA RICE, deceased; THE TESTATE AND INTESTATE SUCCESSORS OF GLORIA RICE, DECEASED, AND ALL PERSONS CLAIMING BY, THROUGH OR UNDER SUCH DECEDENT, AS REPRESENTED BY THE PERSONAL REPRESENTATIVE OF THE ESTATE OF GLORIA RICE; RICE 1997 FAMILY TRUST; GLORIA M. RICE, TRUSTEE OF THE RICE 1997 FAMILY TRUST; NORMAN RICE ENTERPRISES, INC., a Nevada corporation; MATTHEW G. HUNTLEY A/K/A MATTHEW GRANT HUNTLEY, an individual; MICHON HUNTLEY, an individual; RAMONA STONEBARGER, deceased; THE TESTATE AND INTESTATE SUCCESSORS OF RAMONA STONEBARGER, DECEASED, AND ALL PERSONS CLAIMING BY, THROUGH OR UNDER SUCH DECEDENT, AS REPRESENTED BY THE PERSONAL REPRESENTATIVE OF THE ESTATE OF RAMONA STONEBARGER; ART KOFFINKE, deceased; THE TESTATE AND INTESTATE SUCCESSORS OF ART KOFFINKE, DECEASED, AND ALL PERSONS CLAIMING BY, THROUGH OR UNDER SUCH DECEDENT, AS REPRESENTED BY THE PERSONAL REPRESENTATIVE OF THE ESTATE OF ART KOFFINKE; LARRY CAMPBELL, deceased; THE TESTATE AND INTESTATE SUCCESSORS OF LARRY CAMPBELL, DECEASED, AND ALL PERSONS CLAIMING BY, THROUGH OR UNDER SUCH DECEDENT, AS REPRESENTED BY THE PERSONAL REPRESENTATIVE OF THE ESTATE OF LARRY CAMPBELL; HANSON CATTLE COMPANY, purported corporation of likely Nevada domicile; HANSEN CATTLE COMPANY, a Nevada corporation; NORTH AMERICAN TECHNICAL TRADING CO., INC., an Illinois corporation; A TRUSTEE OF AN UNNAMED TRUST TO BE ESTABLISHED REFERENCED IN A NOTICE RECORDED ON FEBRUARY 11, 1997 IN VOLUME 660 AT PAGE 559; CHICAGO TITLE COMPANY in its capacity as Trustee under a Deed of Trust Recording Number 2008-04633 of Official Records, Lassen County; ALL PERSONS UNKNOWN CLAIMING ONLY LEGAL OR EQUITABLE RIGHT, TITLE INTEREST OR CLOUD ON PLAINTIFF'S INTEREST IN PROPERTY; and DOES 1 - 50 Defendants
Mary Bacon, Bar No. 283369 John O'Brien (admitted Pro Hac Vice) Scott C. Sandberg (admitted Pro Hac Vice) SPENCER FANE LLP Attorneys for Plaintiff Avalanche Funding, LLC
Mary Bacon, Bar No. 283369 John O'Brien (admitted Pro Hac Vice) Scott C. Sandberg (admitted Pro Hac Vice) SPENCER FANE LLP Attorneys for Plaintiff Avalanche Funding, LLC
RECEIVER'S NOTICE OF SALE
HON. TROY L. NUNLEY, JUDGE
To Whom It May Concern: This Notice is given that pursuant to an Order entered on April 30, 2021 (the “Order”) in the above entitled action I am ordered to sell the Property described below (the “Property”):
THE FOLLOWING DESCRIBED PROPERTY LOCATED IN THE COUNTY OF LASSEN, STATE OF CALIFORNIA:
THE LAND REFERRED TO HEREIN BELOW IS SITUATED
IN THE UNINCORPORATED AREA, COUNTY OF LASSEN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
IN TOWNSHIP 24 NORTH, RANGE 17 EAST, MOUNT DIABLO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
SECTION 13: THE E 1/2 OF THE N.W. 1/4; THE NE ¼ OF THE SW 1/4; AND THE W 1/2 OF THE E 1/2.
EXCEPTING THEREFROM THE PARCEL DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED MAY 03, 1968, IN BOOK 221 PAGE 378, OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM A STRIP OF LAND, 100 FEET IN WIDTH, AS DESCRIBED IN THE JUDGMENT OF CONDEMNATION IN FAVOR OF CHARLES MORAN, ET AL, RECORDED FEBRUARY 08, 1888, IN BOOK F PAGE 326, OF DEEDS.
ALSO EXCEPTING THEREFROM ALL THAT PORTION LYING WESTERLY OF THE EASTERLY LINE OF THE WESTERN PACIFIC RAILROAD AND THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF U.S. HIGHWAY 395, AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED SEPTEMBER 22, 1933, IN BOOK 30 PAGE 246, OF DEEDS.
SECTION 24: LOTS 2, 3 AND 4; THE W 1/2 OF THE E 1/2; THE E 1/2 OF N.W. 1/4; AND THE NE 1/4 OF THE SW 1/4.
EXCEPTING THEREFROM A STRIP OF LAND, 100 FEET IN WIDTH, AS DESCRIBED IN THE JUDGMENT OF CONDEMNATION IN FAVOR OF CHARLES MORAN, ET AL, RECORDED FEBRUARY 08, 1888, IN BOOK F PAGE 326, OF DEEDS.
ALSO EXCEPTING THEREFROM A STRIP OF LAND 100 FEET IN WIDTH AS DESCRIBED IN THE DEED TO WESTERN PACIFIC RAILWAY COMPANY, RECORDED APRIL 10, 1905, IN BOOK P PAGE 214, OF DEEDS.
ALSO EXCEPTING THEREFROM A STRIP OF LAND 200 FEET IN WIDTH AS DESCRIBED IN THE DEED TO WESTERN PACIFIC RAILWAY COMPANY, RECORDED FEBRUARY 08, 1906, IN BOOK P PAGE 632, OF DEEDS.
ALSO EXCEPTING THEREFROM PARCELS 1 AND 2 AS DESCRIBED IN THE DEED TO ERMIN J. HINTZ RECORDED September 13, 1967, IN BOOK 216 PAGE 472, OF OFFICIAL RECORDS.
SECTION 25: LOTS 1, 2, 3 AND 4; AND THE W 1/2 OF THE SW 1/4.
SECTION 26: THE S 1/2 OF THE SE 1/4.
SECTION 34: THE E 1/2 OF THE SE 1/4; AND THE SW 1/4 OF THE SE 1/4.
EXCEPTING FROM THE NE 1/4 OF THE SE 1/4; AND THE SW 1/4 OF THE SE 1/4, ALL THE COAL AND OTHER MINERALS IN SAID LANDS, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME AS CONTAINED IN THE PATENT FROM THE UNITED STATES OF AMERICA TO FRED E. GALEPPI, RECORDED MAY 11, 1982, IN BOOK 401 PAGE 521, OF OFFICIAL RECORDS.
SECTION 35: THE W 1/2 OF THE SW 1/4.
SECTION 36: THE SW 1/4 OF THE NE 1/4; THE SE ¼ OF THE N.W. 1/4; THE E 1/2 OF THE SW 1/4; AND THE SW 1/4 OF THE SW 1/4.
EXCEPTING THEREFROM A STRIP OF LAND 150 FEET IN WIDTH AS DESCRIBED IN THE DEED TO WESTERN PACIFIC RAILWAY COMPANY, RECORDED MARCH 15, 1905, IN BOOK P PAGE 159, OF DEEDS.
IN TOWNSHIP 23 NORTH, RANGE 17 EAST, MOUNT DIABLO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF.
SECTION 1: LOTS 1 AND 2; THE S 1/2 OF THE N.W. 1/4; THE SW 1/4 OF THE NE 1/4; THE W 1/2 OF THE SE 1/4; AND THE S 1/2 OF THE SW 1/4.
EXCEPTING THEREFROM THE PARCEL DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED SEPTEMBER 04, 1926, IN BOOK 18 PAGE 189, OF DEEDS.
ALSO EXCEPTING THEREFROM THE PARCEL DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED AUGUST 10, 1992, IN BOOK 560 PAGE 500, OF OFFICIAL RECORDS.
ALSO EXCEPTING FROM THE S 1/2 OF THE SW 1/4, ALL THE COAL AND OTHER MINERALS IN SAID LANDS, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME AS CONTAINED IN THE PATENT FROM THE UNITED STATES OF AMERICA TO CHARLES A. GALEPPI, RECORDED APRIL 07, 1941, IN BOOK 39 PAGE 472, OF DEEDS.
SECTION 2: LOTS 1, 2, 3 AND 4; THE SE 1/4 OF THE N.W. 1/4;
THE S 1/2 OF THE NE 1/4; THE N 1/2 OF THE SE 1/4; THE SW 1/4 OF THE SE 1/4; THE E 1/2 OF THE SW 1/4; AND THE SW 1/4 OF THE SW 1/4.
EXCEPTING FROM THE SW 1/4 OF THE SW 1/4, ALL THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE NORTHWESTERLY LINE OF THE STRIP OF LAND 100 FEET IN WIDTH CONVEYED TO WESTERN PACIFIC RAILWAY COMPANY BY DEED, RECORDED JUNE 06, 1905, IN BOOK P PAGE 341, OF DEEDS.
EXCEPTING FROM THE SW 1/4 OF THE SE 1/4, ALL THE COAL AND OTHER MINERALS IN SAID LANDS, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME AS CONTAINED IN THE PATENT FROM THE UNITED STATES OF AMERICA TO CHARLES A. GALEPPI, RECORDED April 07, 1941, IN BOOK 39 PAGE 472, OF DEEDS.
ALSO EXCEPTING THEREFROM THE PARCEL DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED AUGUST 10, 1992, IN BOOK 560 PAGE 500, OF OFFICIAL RECORDS.
SECTION 3: LOT 1 AND 2; THE S 1/2 OF THE NE 1/4; AND THE SE 1/4.
EXCEPTING FROM LOT 2: THE SE 1/4 OF THE NE 1/4; AND THE S 1/2 OF THE SE 1/4, ALL THE COAL AND OTHER MINERALS IN SAID LANDS, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME AS CONTAINED IN THE PATENT FROM THE UNITED STATES OF AMERICA TO FRED E. GALEPPI, RECORDED MAY 11, 1982, IN BOOK 401 PAGE 521, OF OFFICIAL RECORDS.
SECTION 10: THE N 1/2 OF THE NE 1/4.
EXCEPTING THEREFROM, ALL THE COAL AND OTHER MINERALS IN SAID LANDS, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME AS CONTAINED IN THE PATENT FROM THE UNITED STATES OF AMERICA TO FRED E. GALEPPI, RECORDED MAY 11, 1982, IN BOOK 401 PAGE 52l, OF OFFICIAL RECORDS.
SECTION 11: THE E 1/2 OF THE E 1/2; AND THE N.W. 1/4 OF THE NE 1/4.
THE NORTH 396 FEET OF THE SOUTH 476 FEET OF THE WEST 550 FEET OF THE S.E. ¼ OF THE N.E. ¼ OF SECTION 11, T. 23 N., R.17 E. M.D.M.
EXCEPTING THEREFROM, ALL THE COAL AND OTHER MINERALS IN SAID LANDS, TOGETHER WITH THE RIGHT
TO PROSPECT FOR, MINE AND REMOVE THE SAME AS CONTAINED IN THE PATENT FROM THE UNITED STATES OF AMERICA TO CHARLES A. GALEPPI, RECORDED April 07, 1941, IN BOOK 39 PAGE 472, OF DEEDS.
ALSO EXCEPTING THEREFROM THE PARCEL DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED AUGUST 10, 1992, IN BOOK 560 PAGE 500, OF OFFICIAL RECORDS.
SECTION 12: THE N.W. 1/4 OF THE N.W. 1/4.
EXCEPTING THEREFROM, ALL THE COAL AND OTHER MINERALS IN SAID LANDS, TOGETHER WITH THE R1GHT TO PROSPECT FOR, MINE AND REMOVE THE SAME AS CONTAINED IN THE PATENT FROM THE UNITED STATES OF AMERICA TO CHARLES A. GALEPPI, RECORDED APRIL 07, 1941, IN BOOK 39 PAGE 472, OF DEEDS.
SECTION 14: THE N 1/2 OF THE NE 1/4; THE E 1/2 OF THE N.W. 1/4; THE NE 1/4 OF THE SW 1/4; AND THE W 1/2 OF THE SE 1/4.
EXCEPTING THEREFROM THE PARCEL DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED AUGUST 10, 1992, IN BOOK 560 PAGE 500, OF OFFICIAL RECORDS.
ALSO EXCEPTING FROM THE N 1/2 OF THE NE 1/4 AND THE NE 1/4 OF THE N.W. 1/4, ALL THE COAL AND OTHER MINERALS IN SAID LANDS, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME AS CONTAINED IN THE PATENT FROM THE UNITED STATES OF AMERICA TO CHARLES A. GALEPPI, RECORDED APRIL 07, 1941, IN BOOK 39 PAGE 472, OF DEEDS.
SECTION 15: THE SW 1/4 OF THE NE 1/4; AND THE W 1/2 OF THE SE 1/4.
EXCEPTING THEREFROM, ALL THE COAL AND OTHER MINERALS IN SAID LANDS, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME AS CONTAINED IN THE PATENT FROM THE UNITED STATES OF AMERICA TO THE HEIRS OF ARTHUR PAUL PENSA, RECORDED MAY 11, 1982, IN BOOK 401 PAGE 527, OF OFFICIAL RECORDS.
SECTION 22: THE N.W. 1/4 OF THE NE 1/4.
EXCEPTING THEREFROM, ALL THE COAL AND OTHER MINERALS IN SAID LANDS, TOGETHER WITH THE RIGHT TO PROSPECT FOR, MINE AND REMOVE THE SAME AS CONTAINED IN THE PATENT FROM THE UNITED STATES
OF AMERICA TO THE HEIRS OF ARTHUR PAULPENSA, RECORDED MAY 11, 1982, IN BOOK 401 PAGE 527, OF OFFICIAL RECORDS.
APN: 143-070-07, 143-070-12, 143-070-13, 143-070-15, 143-100-03, 143-100-07, 143-100-20, 143-100-22, 143-100-24, 143-100-26, 145-020-05, 145-020-06, 145-030-03, 145-030-04, 145-030-05, 145-030-11, 145-030-16, 145-040-12, 145-050-12, 145-050-15, 145-050-04
Parcel No. 143-070-07
Together with all of Trustor's right, title and interest, whether now owned or hereafter acquired, in and to the following:(a) All buildings, structures, and improvements now or hereafter located on such tract or tracts, as well as all rights-of-way, easements, and other appurtenances thereto (“Improvements”);
(b) Any land lying between the boundaries of such tract or tracts and the center line of any adjacent street, road, avenue, or alley, whether opened or proposed, if any;
(c) All of the rents, income, receipts, revenues, issues and profits of and from such tract or tracts and improvements;
(d) All (i) water and water rights (whether decreed or undecreed, tributary, nontributary or not nontributary, surface or underground, or appropriated or unappropriated), including, without limitation, those certain water rights granted in Decree No. 12999, entered August 9, 1976, in Book 26 of Judgments, Page 20, by the Superior Court for Lassen County concerning the Long Valley Creek Stream System within California in Counties of Lassen, Sierra and Plumas; (ii) ditches and ditch rights; (iii) spring and spring rights; (iv) reservoir and reservoir rights; and (v) shares of stock in water, ditch and canal companies and all other evidence of such rights, which are now owned or hereafter acquired by Trustor and which are appurtenant to or which have been used in connection with such tract or tracts or improvements;
(e) All minerals, crops, timber, trees, shrubs, flowers, and landscaping features now or hereafter located on, under or above such tract or tracts;
(f) All machinery, apparatus, equipment, fittings, fixtures (whether actually or constructively attached, and including all trade, domestic, and ornamental fixtures) now or hereafter located in, upon, or under such tract or tracts or improvements and used or usable in connection with any present or future operation thereof, including but not limited to all heating, air-conditioning, freezing, lighting, laundry, incinerating and power equipment; engines; pipes; pumps; tanks; motors; conduits; switchboards; plumbing, lifting, cleaning, fire prevention, fire extinguishing, refrigerating, ventilating, cooking, and communications apparatus; boilers, water heaters, ranges, furnaces, and burners; appliances; vacuum cleaning systems; elevators; escalators; shades; awnings; screens; storm doors and windows; stoves; refrigerators; attached cabinets; partitions; ducts and compressors; rugs and carpets; draperies; and all additions thereto and replacements therefor;
(g) All rights to the payment of money, accounts, accounts receivable, reserves, deferred payments, refunds, cost savings, payments and deposits, whether now or later to be received from third parties (including all earnest money sales deposits) or deposited by Trustor with third parties (including all utility deposits), escrow funds, escrow accounts, contract rights, management agreements, construction agreements or contracts, franchise agreements, development and use rights, governmental permits and licenses, including, without limitation, that certain Use Permit (File No. 2002-113) issued by the Lassen County Planning Commission on February 26, 2003 for the operation of a Pozzolan mine, applications, architectural and engineering plans, specifications and drawings, as-built drawings, chattel paper, instruments, documents, notes, drafts and letters of credit (other than letters of credit in favor of Beneficiary), which arise from or relate to construction on the Land, occupancy, management, operation, or to any business now or hereafter to be conducted on it, or to the Land and Improvements generally;
(h) All proceeds, including all claims to and demands for them, of the voluntary or involuntary conversion of any of the Property or the other property described above into cash or liquidated claims, including proceeds from the sale or other disposition of the Property or other property described herein, including, but not limited to, all present and future Leases, Sales Contracts (defined below), rights to payment of money as well as proceeds of all present and future fire, hazard or casualty insurance policies and all condemnation awards or payments now or later to be made by any public body or decree by any court of competent jurisdiction for any taking or in connection with any condemnation or eminent domain proceeding, and all causes of action and their proceeds for any damage or injury to the Property or the other property described above or any part of them, or breach of warranty in connection with the construction of the Improvements, including causes of action arising in tort, contract, fraud or concealment of a material fact;
(i) All development rights associated with such tract or tracts, whether previously or subsequently transferred to such tract or tracts from other real property or now or hereafter susceptible of transfer from such tract or tracts to other real property;
(j) All awards and payments, including interest thereon, resulting from the exercise of any right of eminent domain or any other public or private taking of, injury to, or decrease in the value of, any of such property;
(k) All books and records pertaining to any and all of the property described above, including computer-readable memory and any computer hardware or software necessary to access and process such memory;
(l) All trade names and trademarks;
(m) all of Trustor's interest in and to the Loan funds, whether disbursed or not, and any of Trustor's funds now or later to be held by or on behalf of Beneficiary;
(n) Any and all contracts and agreements for the sale of all or any portion of the Property and all rights to any and all earnest money deposits, sales proceeds and all other payments now or hereafter due thereunder (“Sales Contracts”). Trustor represents and warrants that there are no current Sales Contracts affecting the Property;
(o) All of Trustor's right, title and interest in and to any association or joint ownership association, now or hereafter formed pursuant to a declaration (the “Association”) and interest in any common areas or common elements and any limited common areas or limited common elements of the Property owned by the Association; and
(p) All other and greater rights and interests of every nature in such tract or tracts and in the possession or use thereof and income therefrom, whether now owned or subsequently acquired by Trustor.
YOU ARE NOTIFIED AS FOLLOWS:
NOTICE OF SALE
I will at public auction, at 10:00 a.m. on__, __, __, 2021 outside and on
the courthouse steps of the front door of the Lassen County Courthouse, located at 2610
Riverside Drive, Susanville, CA 96130, sell to the highest and best bidder for cash, the Property, for the purpose of paying the indebtedness provided in the Order and will deliver to the purchaser a Deed, all as provided by law; provided, however, that Avalanche Funding, LLC may credit bid.
First Publication: __, 2021
Second Publication: __, 2021
Third Publication: __, 2021
Fourth Publication: __, 2021
Name of Publication: Modoc County Record