serving 2014-02-01 through 2014-02-15
NOTICE OF TRUSTEE'S SALE The following property will be sold to the highest bidder at a public auction at the main entrance of the Wasatch County Courthouse, 1361 South Highway 40, Heber City, Utah, on March 3, 2014 at 8:30 a.m., to foreclose a Trust Deed recorded December 12, 2006 as Entry No. 312016 (subsequently amended by Affidavit recorded January 27, 2010 as Entry No. 356471 and Affidavit recorded September 7, 2012 as Entry No. 382135), executed by John A. Birrell, Jr. and Jeralyn Birrell; Steven Sillitoe and Cheryl Sillitoe; and Robert W. Birrell and Jennifer Birrell, as Trustors, in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Axiom Financial LLC and its successors and assigns, covering real property in Wasatch County (Tax/Parcel No. 00-0020-1220) purportedly, but not guaranteed to be located at 840 W. Bigler Lane #224, Midway, Utah 84049, together with, and subject to, any applicable improvements, fixtures, easements, appurtenances, taxes, assessments, conditions, covenants, restrictions, reservations or other enforceable rights and obligations, and described as follows: UNIT NO. 224, PLAT E, of ZERMATT RESORT, also known as THE VILLAS PHASE 111, a Utah Condominium Project, Midway City, Wasatch County, according to the Record of Survey Map filed for record March 25, 2002 as Entry No. 243106 in Book 552 at Pages 498-557, together with an appurtenant undivided ownership interest in the Common Areas and Facilities, all of which is defined and described in the Declaration of Covenants, Conditions and Restrictions for THE VILLAS at ZERMATT RESORT, recorded February 8, 2002 as Entry No. 241536 in Book 545 at Pages 100-133 of official records. Together with an exclusive easement to use the "Limited Common Areas", all as set forth in the Record of Survey Map and/or in the Declaration of Covenants, Conditions, and Restrictions. MORE CORRECTLY DESCRIBED IN THE AFFIDAVIT, RECORDED SEPTEMBER 7, 2012 AS ENTRY NO. 382135, AS FOLLOWS: UNIT NO. 224 PLAT C, of ZERMATT RESORT, also known as THE VILLAS PHASE I, a Utah Condominium Project, Midway City, Wasatch County, according to the Record of Survey Map filed for record March 25, 2002 as Entry No. 243106 in Book 552 at Pages 498-557, together with an appurtenant undivided ownership interest in the Common Areas and Facilities, all of which is defined and described in the Declaration of Covenants, Conditions and Restrictions for THE VILLAS at ZERMATT RESORT, recorded February 8, 2002 as Entry No. 241536 in Book 545 at Pages 100-133 of official records. Together with an exclusive easement to use the "Limited Common Areas", all as set forth in the Record of Survey Map and/or in the Declaration of Covenants, Conditions, and Restrictions. The current beneficiary of the Trust Deed is The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2007-9T1, Mortgage Pass-Through Certificates, Series 2007-9T1 and as of the date the Notice of Default recorded, the property was owned by Sillirrell, LLC, a Utah Limited Liability Company according to record. The successful bidder must tender a $5,000 non-refundable deposit at the sale, in the form of a cashier's/official bank check payable to the Trustee, and deliver the balance in certified funds to the Trustee's office within 24 hours of the sale; otherwise, the Trustee reserves the right to sell the property to the next highest bidder, retain the deposit, and hold the defaulting bidder liable for any additional damages. The sale is without any warranty, including title, possession and encumbrance, and is voidable by the Trustee, without any liability, for any circumstance unknown to the Trustee affecting the validity of the sale. If the Trustee voids the sale, the successful bidder's sole remedy is return of any funds tendered to the Trustee. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. Dated January 28, 2014 /s/ David B. Boyce - Successor Trustee 2115 Dallin St., S.L.C., UT 84109 (801) 531-8315 - 8:00 a.m.-5:00 p.m. Attorney Reference No. 6581 935958 UPAXLP
NOTICE OF TRUSTEE'S SALE The following property will be sold to the highest bidder at a public auction at the main entrance of the Wasatch County Courthouse, 1361 South Highway 40, Heber City, Utah, on March 3, 2014 at 8:30 a.m., to foreclose a Trust Deed recorded December 12, 2006 as Entry No. 312016 (subsequently amended by Affidavit recorded January 27, 2010 as Entry No. 356471 and Affidavit recorded September 7, 2012 as Entry No. 382135), executed by John A. Birrell, Jr. and Jeralyn Birrell; Steven Sillitoe and Cheryl Sillitoe; and Robert W. Birrell and Jennifer Birrell, as Trustors, in favor of Mortgage Electronic Registration Systems, Inc. as nominee for Axiom Financial LLC and its successors and assigns, covering real property in Wasatch County (Tax/Parcel No. 00-0020-1220) purportedly, but not guaranteed to be located at 840 W. Bigler Lane #224, Midway, Utah 84049, together with, and subject to, any applicable improvements, fixtures, easements, appurtenances, taxes, assessments, conditions, covenants, restrictions, reservations or other enforceable rights and obligations, and described as follows: UNIT NO. 224, PLAT E, of ZERMATT RESORT, also known as THE VILLAS PHASE 111, a Utah Condominium Project, Midway City, Wasatch County, according to the Record of Survey Map filed for record March 25, 2002 as Entry No. 243106 in Book 552 at Pages 498-557, together with an appurtenant undivided ownership interest in the Common Areas and Facilities, all of which is defined and described in the Declaration of Covenants, Conditions and Restrictions for THE VILLAS at ZERMATT RESORT, recorded February 8, 2002 as Entry No. 241536 in Book 545 at Pages 100-133 of official records. Together with an exclusive easement to use the "Limited Common Areas", all as set forth in the Record of Survey Map and/or in the Declaration of Covenants, Conditions, and Restrictions. MORE CORRECTLY DESCRIBED IN THE AFFIDAVIT, RECORDED SEPTEMBER 7, 2012 AS ENTRY NO. 382135, AS FOLLOWS: UNIT NO. 224 PLAT C, of ZERMATT RESORT, also known as THE VILLAS PHASE I, a Utah Condominium Project, Midway City, Wasatch County, according to the Record of Survey Map filed for record March 25, 2002 as Entry No. 243106 in Book 552 at Pages 498-557, together with an appurtenant undivided ownership interest in the Common Areas and Facilities, all of which is defined and described in the Declaration of Covenants, Conditions and Restrictions for THE VILLAS at ZERMATT RESORT, recorded February 8, 2002 as Entry No. 241536 in Book 545 at Pages 100-133 of official records. Together with an exclusive easement to use the "Limited Common Areas", all as set forth in the Record of Survey Map and/or in the Declaration of Covenants, Conditions, and Restrictions. The current beneficiary of the Trust Deed is The Bank of New York Mellon FKA The Bank of New York, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2007-9T1, Mortgage Pass-Through Certificates, Series 2007-9T1 and as of the date the Notice of Default recorded, the property was owned by Sillirrell, LLC, a Utah Limited Liability Company according to record. The successful bidder must tender a $5,000 non-refundable deposit at the sale, in the form of a cashier's/official bank check payable to the Trustee, and deliver the balance in certified funds to the Trustee's office within 24 hours of the sale; otherwise, the Trustee reserves the right to sell the property to the next highest bidder, retain the deposit, and hold the defaulting bidder liable for any additional damages. The sale is without any warranty, including title, possession and encumbrance, and is voidable by the Trustee, without any liability, for any circumstance unknown to the Trustee affecting the validity of the sale. If the Trustee voids the sale, the successful bidder's sole remedy is return of any funds tendered to the Trustee. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE. Dated January 28, 2014 /s/ David B. Boyce - Successor Trustee 2115 Dallin St., S.L.C., UT 84109 (801) 531-8315 - 8:00 a.m.-5:00 p.m. Attorney Reference No. 6581 935958 UPAXLP