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Front Page » February 7, 2012 » Legal Notices » NOTICE OF NEW SALE DATE SHERIFF'S SALE NOTICE OF SALE IN ...
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NOTICE OF NEW SALE DATE SHERIFF'S SALE NOTICE OF SALE IN THE SEVENTH JUDICIAL DISTRICT COURT IN AND FOR CARBON COUNTY, STATE OF UTAH


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    NOTICE OF NEW SALE DATE
    SHERIFF'S SALE
    NOTICE OF SALE
    IN THE SEVENTH JUDICIAL DISTRICT COURT
    IN AND FOR CARBON COUNTY, STATE OF UTAH
    
    BACM 2006-5 WESTWOOD
    BOULEVARD, LLC, a Utah limited
    Liability company,
    Plaintiff,				 
                                       VS.	NOTICE OF SALE
    HI PRICE, LLC; HI BOISE, LLC; HI 	CASE NO.  110700605		RENTON,
LLC; CA LYNNWOOD LLC;	The Honorable. Judge Thomas
    HS KENT LLC; CA FRESNO HOTEL
    LLC; HI SAN DIEGO, LLC; CA SANTA 
    FE LLC; MA PUEBLO LLC; HI CRAIG
    LLC; MA OGDEN LLC; CP 
    WILLIAMSBURG LLC; and CP
    ENGLEWOOD LLC; each a Delaware
    limited liability company,	
    Defendants.
    
    	Pursuant to that Order of Sale entered by the Seventh Judicial
District Court in and for Carbon County on December 23, 2011, notice
is hereby given of a Sheriff's Sale to take place at the front door of
the Carbon County Court Complex located at 149 East 100 South Price,
Utah, on the 24th day of February 2012 at 1:00 P.M., for the sale of
the real and personal property identified and described on the
attached Exhibit A, to realize $12,734,735.55 plus costs incurred for
the sale. The sale previously set for February 15, 2012 has been
canceled.
    
    	For questions regarding the property interests to be sold, please
contact Bentley R. Peay, Esq., Stoel Rives LLP, 201 South Main Street,
Salt Lake City, Utah 84111, telephone 801/578-6973.
    
    	The Carbon County Sheriff's Office has the right to accept or
reject any or all bids.  
    
    	Dated this 1st day of February, 2012
    JAMES CORDOVA
    Sheriff of Carbon County
    State of Utah
    
    EXHIBIT "A"
    REAL PROPERTY 
    
    	Legal description of real property known as the Price Holiday
Inn, 838 Westwood Boulevard, Carbon County, Utah
    
    Parcel 1:
    
    (TAX PARCEL NO. 01-2661-0000)
    	Beginning at a point which is South 2049.30 feet and East 575.10
feet from the West Quarter corner of Section 17, Township 14 South,
Range 10 East, SLBM; said point being on the Northerly right of way
line of a county road; running thence North 19°05'32" East 271.79
feet; thence South 71°16'55" East 579.85 feet to the Westerly right
of way line of a county road;
    thence South 19°05'32" West 350.00 foot; thence North
71°16'55" West 315.85 feet; thence Northwesterly 278.70 feet along
the arc of a 482.96 foot radius curve to the right (chord bears North
54°45'01" West 274.85 feet) to the point of the beginning.
    
    Parcel 2;
    
    	Beginning at a point South, 2312.01 feet and East, 1093.97 feet
from the West ¼ corner of Section 17, T14S, R10E, S.L.B. & M,;
running thence S 19°05'32" W, 50.00 feet; then N 71°16'55" W,
315.55 feet; thence Northwesterly, 307.55 feet along the arc of a
532.96 foot radius curve to the right (Note: chord bears N54°45'01"
303.30 feet); thence N51°46'53" E, 50.00 feet; thence Southeasterly
278.70 feet along the arc of a 482.96 foot radius curve to the left
(note: chord bears S 54°45'01" E, 274.85 feet); thence S
71°16'55" E, 315.85 feet to the point of beginning.
    
    	Together with all hereditaments, tenements, appurtenances,
improvements and fixtures thereon and all rights and privileges
appurtenant thereto.
    
    PERSONAL PROPERTY
    
    	All rights, interests and estates now owned, or hereafter
acquired by Defendants (hereafter "Debtor") in, to or under the
following (collectively, the "Property"):
    
    	(a) Land. The real property described above (the "Land");
    
    	(b) Additional Land. All additional lands, estates and
development rights hereafter acquired by Debtor for use in connection
with the Land and the development of the Land and all additional lands
and estates therein which may, from time to time, by supplemental
mortgage or otherwise be expressly made subject to the lien of that
certain Deed of Trust, Security Agreement and Financing Statement
dated September 12, 2006 (the "Security instrument");
    
    	(c) Improvements. The buildings, structures, fixtures, additions,
enlargements, extensions, modifications, repairs, replacements and
improvements now or hereafter erected or located on the Land
(collectively, the "Improvements");
    
    	(d) Easements. All easements, rights-of-way or use, rights,
strips and gores of land, streets, ways, alleys, passages, sewer
rights, water, water courses, water rights and powers, air rights and
development rights, and all estates, rights, titles, interests,
privileges, liberties, servitudes, tenements, hereditaments and
appurtenances of any nature whatsoever, in any way now or hereafter
belonging, relating or pertaining to the Land and the Improvements and
the reversions and remainders, and all land lying in the bed of any
street, road or avenue, opened or proposed, in front of or adjoining
the Land, to the center line thereof and all the estates, rights,
titles, interests, rights of dower, rights of curtesy, property,
possession, claim and demand whatsoever, both at law and in equity, of
Debtor of, in and to the Land and the Improvements and every part and
parcel thereof, with the appurtenances thereto;
    
    	(e) Equipment. All "equipment," as such term is defined in
Article 9 of the Uniform Commercial Code (as hereinafter defined), now
owned or hereafter acquired by Debtor, which is used at or in
connection with the Improvements or the Land or is located thereon or
therein (including, but not limited to, all machinery, equipment,
furnishings, and electronic data- processing and other office
equipment now owned or hereafter acquired by Debtor and any and all
additions, substitutions and replacements of any of the foregoing),
together with all attachments, components, parts, equipment and
accessories installed thereon or affixed thereto now owned or
hereafter acquired by Debtor (collectively, the "Equipment").
Notwithstanding the foregoing, Equipment shall not include any
property belonging to tenants under leases except to the extent that
Debtor shall have any right or interest therein;
    
    	(f) Fixtures. All Equipment now owned, or the ownership of which
is hereafter acquired, by Debtor which is so related to the Land and
Improvements forming part of the Property that it is deemed fixtures
or real property under the law of the particular state in which the
Equipment is located, including, without limitation, all building or
construction materials intended for construction, reconstruction,
alteration or repair of or installation on the Property, machinery,
equipment, fixtures (including, but not limited to, all heating, air
conditioning, plumbing, lighting, communications and elevator
fixtures), furniture, software used in or to operate any of the
foregoing, inventory and articles of personal property and accessions
thereof and renewals, replacements thereof and substitutions therefor
(including, but not limited to, beds, bureaus, chiffoniers, chests,
chairs, desks, lamps, mirrors, bookcases, tables, rugs, carpeting,
drapes, draperies, curtains, shades, venetian blinds, screens,
paintings, hangings, pictures, divans, couches, luggage carts, luggage
racks, stools, sofas, chinaware, linens, pillows, blankets, glassware,
silverware, foodcarts, cookware, dry cleaning facilities, dining room
wagons, keys or other entry systems, bars, bar fixtures, liquor and
other drink dispensers, icemakers, radios, television sets, intercom
and paging equipment, electric and electronic equipment, dictating
equipment, private telephone systems, medical equipment, potted
plants, heating, lighting and plumbing fixtures, fire prevention and
extinguishing apparatus, cooling and air-conditioning systems,
elevators, escalators, fittings, plants, apparatus, stoves, ranges,
refrigerators, laundry machines, tools, machinery, engines, dynamos,
motors, boilers, incinerators, switchboards, conduits, compressors,
vacuum cleaning systems, floor cleaning, waxing and polishing
equipment, call systems, brackets, electrical signs, bulbs, bells, ash
and fuel, conveyors, cabinets, lockers, shelving, spotlighting
equipment, dishwashers, garbage disposals, washers and dryers), other
customary hotel equipment and other tangible and other property of
every kind and nature whatsoever owned by Debtor, or in which Debtor
has or shall have an interest, now or hereafter attached to, installed
in or used in connection with (temporarily or permanently) any of the
Improvements or the Land, including, but not limited to, engines,
devices for the operation of pumps, pipes, plumbing, call and
sprinkler systems, fire extinguishing apparatuses and equipment,
heating, ventilating, incinerating, electrical, air conditioning and
air cooling equipment and systems, gas and electric machinery,
appurtenances and equipment, pollution control equipment, security
systems, disposals, dishwashers, refrigerators and ranges,
recreational equipment and facilities of all kinds, and water, gas,
electrical, storm and sanitary sewer facilities, utility lines and
equipment (whether owned individually or jointly with others, and, if
owned jointly, to the extent of Debtor's interest therein) and all
other utilities whether or not situated in easements, all water tanks,
water supply, water power sites, fuel stations, fuel tanks, fuel
supply, and all other structures, together with all accessions,
appurtenances, additions, replacements, betterments and substitutions
for any of the foregoing and the proceeds thereof (collectively, the
"Fixtures"). Notwithstanding the foregoing, "Fixtures" shall not
include any property which tenants are entitled to remove pursuant to
leases except to the extent that Debtor shall have any right or
interest therein;
    
    	(g) Personal Property. All furniture, furnishings, objects of
art, machinery, goods, tools, supplies, appliances, general
intangibles, contract rights, accounts, accounts receivable,
franchises, licenses (including liquor licenses), certificates and
permits, and all other personal property of any kind or character
whatsoever as defined in and subject to the provisions of the Uniform
Commercial Code, whether tangible or intangible, other than Fixtures,
which are now or hereafter owned by Debtor and which are located
within or about the Land and the Improvements, together with all
accessories, replacements and substitutions thereto or therefor and
the proceeds thereof (collectively, the "Personal Property"), and the
right, title and interest of Debtor in and to any of the Personal
Property which may be subject to any security interests, as defined in
the Uniform Commercial Code, as adopted and enacted by the state or
states where any of the Property is located (the "Uniform Commercial
Code"), superior in lien to the lien of the Security Instrument and
all proceeds and products of the above;
    
    	(h) Leases and Rents. All leases (including, without limitation,
the Operating Leases  (as defined in the Loan Agreement)), subleases,
rental agreements, registration cards and agreements, if any, or
subsubleases, lettings, licenses (including liquor licenses),
concessions or other agreements (whether written or oral) pursuant to
which any Person is granted a possessory interest in, or right to use
or occupy all or any portion of the Land and the Improvements, and
every modification, amendment or other agreement relating to such
leases, subleases, subsubleases, or other agreements entered into in
connection with such leases, subleases, subsubleases, or other
agreements and every guarantee of the performance and observance of
the covenants, conditions and agreements to be performed and observed
by the other party thereto., heretofore or hereafter entered into by
Debtor or any operator or manager of the hotel (collectively, the
"Leases"), whether before or after the filing by or against Debtor of
any petition for relief under the Bankruptcy Code, subject to the
revocable license in favor of Debtor contained in Section 1.2 hereof,
and all right, title and interest of Debtor, its successors and
assigns therein and thereunder, including, without limitation, cash or
securities deposited thereunder to secure the performance by the
lessees of their obligations thereunder and all rents (including,
without limitation, rents payable pursuant to the Operating Leases),
additional rents, revenues, issues and profits, rent equivalents,
moneys payable as damages or in lieu of rent or rent equivalents,
royalties (including all oil and gas or other mineral royalties and
bonuses) from the Land and the Improvements, all income, rents, room
rates, issues, profits, revenues, deposits, accounts and other
benefits from the operation of the hotel on the Land and/or the
Improvements, including, without limitation, all revenues and credit
card receipts collected from guest rooms, restaurants, bars,
mini-bars, meeting rooms, banquet rooms and recreational facilities
and otherwise, all receivables, customer obligations, installment
payment obligations and other obligations now existing or hereafter
arising or created out of sale, lease, sublease, license, concession
or other grant of the right of the possession, use or occupancy of all
or any portion of the Land and/or Improvements, or personalty located
thereon, or rendering of services by Debtor or any operator or manager
of the hotel or the commercial space located in the Improvements or
acquired from others including, without limitation, from the rental of
any office space, retail space, commercial space, guest room or other
space, halls, stores or offices, including any deposits securing
reservations of such space, exhibit or sales space of every kind,
license, lease, sublease and concession fees and rentals, health club
membership fees, food and beverage wholesale and retail sales, service
charges, vending machine sales and proceeds, if any, from business
interruption or other loss of income insurance relating to the use,
enjoyment or occupancy of the Land, income, receivables, receipts,
revenues, deposits (including, without limitation, security, utility
and other deposits), accounts, cash, issues, registration fees, if
any, profits, charges for services rendered, and other consideration
of whatever form or nature received by or paid to or for the account
of or benefit of Debtor or its agents or employees from any and all
sources arising from or attributable to the Property, including, all
receivables, customer obligations, installment payment obligations and
other obligations now existing or hereafter arising or created out of
the sale, lease, sublease, license, concession or other grant of the
right of the use and occupancy of property or rendering of services by
Debtor or Manager and proceeds, if any, from business interruption or
other loss of income insurance whether paid or accruing before or
after the filing by or against Debtor of any petition for relief under
the Bankruptcy Code and all proceeds from any sale of all or a portion
of the Property (collectively, the "Rents") and all proceeds from the
sale or other disposition of the Leases and the right to receive and
apply the Rents to the payment of the Debt;
    
    	(i) Condemnation Awards. All awards or payments, including
interest thereon, which may heretofore and hereafter be made with
respect to the Property, whether from the exercise of the right of
eminent domain (including, but not limited to, any transfer made in
lieu of or in anticipation of the exercise of the right), or for a
change of grade, or for any other injury to or decrease in the value
of the Property;
    
    	(j) Insurance Proceeds. All proceeds in respect of the Property
under any insurance policies covering the Property, including, without
limitation, the right to receive and apply the proceeds of any
insurance, judgments, or settlements made in lieu thereof, for damage
to the Property in accordance with the terms of the Loan Agreement;
    
    	(k) Tax Certiorari. All refunds, rebates or credits in connection
with reduction in real estate taxes and assessments charged against
the Property as a result of tax certiorari or any applications or
proceedings for reduction;
    	(l) Conversion. All proceeds of the conversion, voluntary or
involuntary, of any of the foregoing including, without limitation,
proceeds of insurance and condemnation awards, into cash or
liquidation claims;
    
    	(m) Rights. The right, in the name and on behalf of Debtor, to
appear in and defend any action or proceeding brought with respect to
the Property in accordance with the terms of the Loan Agreement and to
commence any action or proceeding to protect the interest of
Beneficiary in the Property in accordance with the terms of the Loan
Agreement;
    
    	(n) Agreements. To the extent assignable, all agreements,
contracts, certificates, instruments, franchises, permits, licenses,
plans, specifications, and other documents, now or hereafter entered
into by Debtor, or any operator or manager of the hotel, and all
rights therein and thereto, respecting or- pertaining to the use,
occupation, construction, management or operation of the Land and any
part thereof and any Improvements or any business or activity
conducted on the Land and any part thereof and all right, title and
interest of Debtor therein and thereunder, including, without
limitation, the right, upon the happening of any Event of Default
hereunder, to receive and collect any sums payable to Debtor
thereunder;
    
    	(o) Trademarks. To the extent assignable, all tradenames,
trademarks, servicemarks, logos, copyrights, goodwill, books and
records and all other general intangibles relating to or used in
connection with the operation of the Property;
    
    	(p) Accounts. All reserves, escrows and deposit accounts
maintained by Debtor with respect to the Property, including, without
limitation (i) all accounts established pursuant to the Cash
Management Agreement and (ii) all accounts established pursuant to the
Lockbox Agreement; together with all deposits or wire transfers made
to the Lockbox Account or Cash Management Account and all cash,
checks, drafts, certificates, securities, investment property,
financial assets, instruments and other property held therein from
time to time and all proceeds, products, distributions or dividends or
substitutions thereon and thereof;
    
    	(q) Security Interests. All right, title and interest of Debtor
as secured party holding a security interest in the fixtures,
furniture, equipment, personal property, accounts, licenses, permits,
contracts and other collateral owned by the Operating Lessee pursuant
to the securityinterest granted by Operating Lessee to Debtor under
the Operating Lease (the "Operating Lease Security Agreement");
    
    	(r) Accounts Receivables. All right, title and interest of Debtor
arising from the operation of the Land and the Improvements in and to
all payments for goods or property sold or leased or for services
rendered, whether or not yet earned by performance, and not evidenced
by an instrument or chattel paper (hereinafter referred to as
"Accounts Receivable") including, without limiting the generality of
the foregoing, (i) all accounts, contract rights, book debts, and
notes arising from the operation of a hotel on the Land and the
Improvements or arising from the sale, lease or exchange of goods or
other property and/or the performance of services, (ii) Debtor's
rights to payment from any consumer credit/charge card organization or
entities which sponsor and administer such cards as the American
Express Card, the Visa Card and the Mastercard, (iii) Debtor's rights
in, to and under all purchase orders for goods, services or other
property, (iv) Debtor's rights to any goods, services or other
property represented by any of the foregoing, (v) monies due to or to
become due to Debtor under all contracts for the sale, lease or
exchange of goods or other property and/or the performance of services
including the right to payment of any interest or finance charges in
respect thereto (whether or not yet earned by performance on the part
of Debtor) and (vi) all collateral security and guaranties of any kind
given by any person or entity with respect to any of the foregoing.
Accounts Receivable shall include those now existing or hereafter
created, substitutions therefor, proceeds (whether cash or non-cash,
movable or immovable, tangible or intangible) received upon the sale,
exchange, transfer, collection or other disposition or substitution
thereof and any and all of the foregoing and proceeds therefrom; and
    
    	(s) Other Rights. Any and all other rights of Debtor in and to
the items set forth in Subsections (a) through (r) above.
    
    	All capitalized terms not otherwise defined herein shall have the
meaning ascribed to them in the Security Instrument.
    Published in the Sun Advocate February 7, 14 and 21, 2012.
    
    

These legal notices, along with those from other fine Utah newspapers, can be viewed at www.utahlegals.com.


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