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 sale, at the main e1ntrance of the Seventh Judicial
District Courthouse in and for Carbon County, State of Utah, which
courthouse is located at 149 East 100 South, Price, Utah 84501, on
Wednesday, the 11th day of July 2012, at the hour of 11:00 a.m., on
said day, for the purpose of foreclosing that certain Revolving Credit
Deed of Trust (the "Trust Deed"), dated 12 July 2007, executed by
Cunningham Estates, LLC, as trustor, in favor of Central Bank, as
trustee and as beneficiary, which Trust Deed was filed for record in
the office of the Carbon County, Utah Recorder on 19 July 2007, as
Entry No. 124617, in Book No. 651, at Page 92, official records of
Carbon County, Utah. The Trust Deed encumbers the following described
parcel of real property (the "Trust Property") situated in Carbon
Clear Creek, Utah 84501
The surface rights only to the following described property:
BEGINNING at the Southwest Corner of Section 31, Township 13 South,
Range 7 East, Salt Lake Base and Meridian; and running thence East to
the point where the South boundary of said Section 31 intersects with
the center line of Finn Canyon Creek; thence Easterly along the center
line of said Finn Canyon Creek to the point where the center line of
said Finn Canyon Creek intersects the East boundary line of the
Southwest Quarter of said Section 32, Township 13 South, Range 7 East,
Salt Lake Base and Meridian; thence South to the South Quarter Corner
of said Section 32, thence West to the Northeast Corner of Section 6,
Township 14 South, Range 7 East, Salt Lake Base and Meridian; thence
South 660 feet; thence west to a point 660 feet South of the
Northwest Corner of said Section 6; thence North 660 feet to the
point of beginning. Being that portion of the South Half of the South
Half of Section 31, and the South Half of the Southwest Quarter of
Section 32, Township 13 South, Range 7 East, Salt Lake Base and
Meridian; lying South of Finn Canyon Creek, and the North half of Lots
1, 2, 3 and 4, Section 6, Township 14 South, Range 7 East, Salt Lake
Base and Meridian.
The surface rights only to the following described property:
The South One-Half of Lots 1 and 2, and the Southeast Quarter of Lot
ALSO: The South One-Half of the Northeast Quarter and the East
One-Half of the Southeast Quarter of the Northwest Quarter.
ALSO: The North One-Half of the Southwest Quarter, EXCEPTING the
following lying in Emery County: BEGINNING at a point South 120 feet
from the Northwest Corner of Lot 6, Section 6, Township 14 South,
Range 7 East, Salt Lake Base and Meridian, thence South 1200 feet;
thence East 490 feet, more or less, to the ridge between Carbon and
Emery Counties; thence Northwesterly along ridge between Carbon and
Emery Counties to the point of beginning.
All of the above lying in Section 6, Township 14 South, Range 7 East,
Salt Lake Base and Meridian.
ALSO: A 50 foot right-of-way (not fee simple title) on the South
boundary of Lots 3 and 4, and the East side of the West One-Half of
the Southeast Quarter of the Northwest Quarter of said Section 6.
ALSO: A 50 Foot right-of-way (not fee simple title) in and across and
along the West side of the Southeast Quarter of Southwest Quarter of
said Section 6.
EXCEPTING from said Parcels 1 and 2 all timber on and herein after on
said lands, together with appurtanants right and privileges as
defined, described and conveyed by that certain Timber Deed recorded
March 9, 2004, as Entry No. 79143, in Book 451, at Page 369, of
The Trust Property or its address is approximately known as follows:
Vacant Land, Clear Creek, Utah 84501. The Trust Property's tax
identification number is known as follows:
The successor trustee hereby disclaims liability for any error in the
legal description, address or any other designation of the Trust
Any interested purchasers or bidders of the Trust Property are
informed that the successful bidder must be prepared to tender a
$5,000.00 deposit at the time of the sale, with the balance of the
purchase price by 12:00 noon the next business day following the sale.
Both the deposit and balance of the purchase price must be in the
form of a wire transfer, cashier's check or certified funds payable to
Parsons Kinghorn Harris. Cash payments are not acceptable. A
trustee's deed will be delivered to the successful bidder within three
(3) business days after receipt of the full bid amount.
The sale of the property described herein will be made without any
warranty, including warranties as to title, possession, encumbrances
or bankruptcy status. The sale also is subject to workout,
reinstatement, payoff, sale cancellation or postponement, incorrect
bidding instructions, bankruptcy, or any other circumstance of which
the successor trustee is unaware. In the event that any of the
foregoing applies, the sale will be void and the successful bidder's
funds will be returned without any liability of or by the successor
trustee or beneficiary for interest or any other damages.
The current beneficiary of the Trust Deed is Central Bank, whose
address is c/o Robert D. Walton, Vice President, 202 South Main,
Springville, Utah 84663, and telephone number is (801) 655-2155. The
record owners of the Trust Property as of the recording of the Notice
of Default are as follows: Cunningham Estates, LLC, a Utah limited
Pursuant to Utah Code Ann. Â§ 57-1-26(3)(b), the following
information is provided:
Name of Successor Trustee: J. Scott Brown, Esq.
Successor Trustee's Mailing and Office Address:
c/o Parsons Kinghorn Harris
A Professional Corporation
111 East Broadway, 11th Floor
Salt Lake City, Utah 84111
Successor Trustee's Office Hours: 8:30 a.m. through 5:30 p.m.,
Monday through Friday, except holidays
Successor Trustee's Telephone No.: (801) 363-4300
Successor Trustee's Facsimile No.: (801) 363-4378
DATED this 1st day of June 2012.
By: J. Scott Brown
STATE OF UTAH
COUNTY OF SALT LAKE
THIS NOTICE IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
Published in the Sun Advocate June 5, 12 and 19, 2012.
These legal notices, along with those from other fine Utah newspapers, can be viewed at www.utahlegals.com