Notice Of Trustee's Sale
The following described property will be sold at public auction to the
highest bidder, payable in lawful money of the United States at the
time of the sale, "at the East Main Entrance, Courts Complex, Carbon
County Courthouse, 149 East 100 South, Price, Utah", on February 23,
2010, at 1:00 PM, of said day, for the purpose of foreclosing a trust
deed dated March 6, 2007 and executed by DON D. GIACOLETTO,
INDIVIDUALLY, as Trustor(s) in favor of MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC. as Beneficiary, covering the following real
property located in Carbon County:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 12, PRICE TOWNSITE
SURVEY AND RUNNING THENCE NORTH 107 FEET; THENCE WEST 90.5 FEET;
THENCE NORTH 43 FEET;. THENCE WEST 55 FEET; THENCE SOUTH 150 FEET;
THENCE EAST 145.5 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING PORTION THEREOF: BEGINNING AT POINT
LOCATED SOUTH 89.28'03" WEST 80.50 FEET FROM THE SOUTHEAST CORNER OF
LOT 1, BLOCK 12, PRICE TOWNSITE SURVEY, AND RUNNING THENCE NORTH
89.28'03" EAST 80.50 FEET; THENCE NORTH 0.36'04" WEST 107.00 FEET MORE
OR LESS TO THE SOUTH LINE OF THE PROPERTY OWNED BY MICHAEL AND COLETTE
MARX (CARBON COUNTY
PLAT NO 1-107), THENCE SOUTH 89/15'13" WEST 79.51 FEET ALONG SAID
BOUNDARY LINE, THENCE SOUTH 00.04'22" EAST 106.71 FEET MORE OR LESS TO
THE POINT OF BEGINNING.
TOGETHER WITH AN EASEMENT (NOT FEE SIMPLE TITLE) 4 FEET IN WIDTH ALONG
THE NORTH BOUNDARY OF THE EXCEPTED PARCEL FOR THE PURPOSE OF
MAINTAINING THE EXISTING IRRIGATION DITCH THAT SERVES THE PARCEL OF
LAND FIRST DESCRIBED ABOVE.
Together with all the improvements now or hereafter erected on the
property, and all easements, appurtenances, and fixtures now or
hereafter a part of the property.
Tax Parcel No.: 01-0109-0000
The address of the property is purported to be 449 EAST 300 SOUTH,
PRICE, UT 84501. The undersigned disclaims liability for any error in
the address. The current Beneficiary of the trust deed is BAC HOME
LOANS SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP, and the
record owners of the property as of the recording of the notice of
default is reported to be DON D. GIACOLETTO, INDIVIDUALLY.
Bidders must be prepared to tender to the trustee, RECONTRUST
COMPANY, N.A., $5,000.00 at the sale and the balance of the purchase
price by 12:00 noon the day following the sale and deliverable to:
Matheson, Mortensen, et al., 648 East First South, Salt Lake City, UT
84102. Both payments must be in the form of a cashier's check or
money order and made payable to RECONTRUST COMPANY, N.A., cash and
Bank "Official Checks" are not acceptable. A trustee's deed will be
made available to the successful bidder within three business days
following receipt of the bid amount. The sale is made without any
warranty whatsoever, including but not limited to any warranty as to
title, liens, possession, taxes, encumbrances, or condition of the
property. The sale is subject to a workout reinstatement, payoff,
sale cancellation or postponement, incorrect bidding instructions,
bankruptcy, or any other circumstance of which the trustee is unaware.
In the event any of the foregoing apply, the sale will be void and
the successful bidder's funds will be returned without any liability
to the trustee or beneficiary for interest or any other damages.
NOTICE IS HEREBY GIVEN THAT RECONTRUST COMPANY, N.A. IS ATTEMPTING TO
COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE, AND THAT THE DEBT MAY BE DISPUTED.
Dated: January 12, 2010
By: Pam Davis, Team Member
RECONTRUST COMPANY, N.A.
2380 Performance Dr, TX2-985-07-03
Richardson, TX 75082
(800) 281-8219 x3436
Regular Business Hours: Monday - Friday, 8:00a.m. to 5:00p.m., Central
TS#: 09 -0155780
Published in the Sun Advocate January 28, February 4, and 11, 2010.
These legal notices, along with those from other fine Utah newspapers, can be viewed at www.utahlegals.com