serving 2013-02-05 through 2013-02-19
AMENDED NOTICE OF TRUSTEE'S SALE Reference is made to that certain Notice of Trustee's Sale recorded on November 8, 2012 as Entry No. 00956894 in Book 2155, beginning on Page 1240 of the official records of Summit County, Utah. Such Notice of Trustee's Sale is hereby amended in its entirety, and the undersigned Trustee now desires to establish and notice a new date for the sale of the property described below. The following described property will be sold at public auction to the highest bidder, payable in lawful money of the United States of America at the time and in the manner set forth below, such public auction to be held at the Main Entrance of the Third Judicial District Court - Summit County - Park City, located at 6300 North Silver Creek Drive, Park City, Utah on Tuesday, March 12, 2013, at the hour of 1:15 p.m. (Utah time) of said day, for the purpose of foreclosing that certain Deed of Trust, Assignment, Security Agreement and Fixture Filing dated December 31, 2007 (as amended, the "Deed of Trust"), executed by NEWPARK TOWN CENTER, LLC, a Utah limited liability company, as trustor ("Trustor"), to HIGH COUNTY TITLE, as original trustee, for the benefit of BANK OF AMERICA, N.A., a national banking association, as beneficiary ("Beneficiary"), recorded on December 31, 2007, as Entry No. 833764, in Book 1907, at Page 719 in the official records of Summit County, Utah, as amended by that certain Amendment to Deed of Trust executed by Trustor and Beneficiary, dated as of June 30, 2011 and effective as of January 2, 2011 and recorded on June 30, 2011, as Entry No. 925642, in Book 2086, at Page 1032, in the official records of Summit County, Utah, covering real property located in the County of Summit, State of Utah (the "Property"), and more particularly described as follows: Parcel R-1 and Parcel R-2, Newpark Towncenter Retail Plat Subdivision, according to the official plat thereof, recorded September 7, 2007 as Entry No. 824928 in Book 1887 at Page 1770 of the official records in the office of the Summit County Recorder. (Tax Serial Nos. NPTCR-R-1, NPTCR-R-2) Pursuant to Utah Code Annotated §70A-9a-604, Beneficiary has elected to include in the non-judicial foreclosure of the Property described in this Notice of Trustee's Sale all of the personal property and fixtures described in the Deed of Trust and in any other security instruments in favor of Beneficiary. Beneficiary reserves the right to revoke its election as to some or all of said personal property and/or fixtures, or to add additional personal property and/or fixtures to the election herein expressed, at Beneficiary's sole election, from time to time and at any time until the consummation of the trustee's sale to be conducted pursuant to the Deed of Trust and this Notice of Trustee's Sale. The Trustee disclaims any responsibility for any error in the description of the physical address or legal description of the Property. The sale of the Property described herein will be made without any warranty, including warranties as to title, possession, encumbrances or bankruptcy status. Bidders must be prepared to tender $5,000.00 in certified funds at the sale and the balance of the purchase price in certified funds within twenty-four (24) hours of the sale (unless the following day is a weekend or holiday in which case the balance must be tendered on the next business day following the day of the sale). The sale is also subject to 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 applies, 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. The current beneficiary of the Deed of Trust is BANK OF AMERICA, N.A., a national banking association, and the record owner of the Property as of the recording of the Notice of Default was NEWPARK TOWN CENTER, LLC, a Utah limited liability company. The Trustee under the Deed of Trust is Brian D. Cunningham. The Trustee's mailing address and the address of the Trustee's office is 15 West South Temple, Suite 1200, Salt Lake City, UT 84101. The Trustee can be contacted by telephone at (801) 257-1900 between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding legal holidays. Brian D. Cunningham Snell & Wilmer L.L.P. Gateway Tower West 15 W. South Temple, Suite 1200 Salt Lake City, Utah 84101 Phone: 801-257-1900 Office Hours: 9:00 a.m. - 5:00 p.m. Monday through Friday, excluding legal holidays 856009 UPAXLP
AMENDED NOTICE OF TRUSTEE'S SALE Reference is made to that certain Notice of Trustee's Sale recorded on November 8, 2012 as Entry No. 00956894 in Book 2155, beginning on Page 1240 of the official records of Summit County, Utah. Such Notice of Trustee's Sale is hereby amended in its entirety, and the undersigned Trustee now desires to establish and notice a new date for the sale of the property described below. The following described property will be sold at public auction to the highest bidder, payable in lawful money of the United States of America at the time and in the manner set forth below, such public auction to be held at the Main Entrance of the Third Judicial District Court - Summit County - Park City, located at 6300 North Silver Creek Drive, Park City, Utah on Tuesday, March 12, 2013, at the hour of 1:15 p.m. (Utah time) of said day, for the purpose of foreclosing that certain Deed of Trust, Assignment, Security Agreement and Fixture Filing dated December 31, 2007 (as amended, the "Deed of Trust"), executed by NEWPARK TOWN CENTER, LLC, a Utah limited liability company, as trustor ("Trustor"), to HIGH COUNTY TITLE, as original trustee, for the benefit of BANK OF AMERICA, N.A., a national banking association, as beneficiary ("Beneficiary"), recorded on December 31, 2007, as Entry No. 833764, in Book 1907, at Page 719 in the official records of Summit County, Utah, as amended by that certain Amendment to Deed of Trust executed by Trustor and Beneficiary, dated as of June 30, 2011 and effective as of January 2, 2011 and recorded on June 30, 2011, as Entry No. 925642, in Book 2086, at Page 1032, in the official records of Summit County, Utah, covering real property located in the County of Summit, State of Utah (the "Property"), and more particularly described as follows: Parcel R-1 and Parcel R-2, Newpark Towncenter Retail Plat Subdivision, according to the official plat thereof, recorded September 7, 2007 as Entry No. 824928 in Book 1887 at Page 1770 of the official records in the office of the Summit County Recorder. (Tax Serial Nos. NPTCR-R-1, NPTCR-R-2) Pursuant to Utah Code Annotated §70A-9a-604, Beneficiary has elected to include in the non-judicial foreclosure of the Property described in this Notice of Trustee's Sale all of the personal property and fixtures described in the Deed of Trust and in any other security instruments in favor of Beneficiary. Beneficiary reserves the right to revoke its election as to some or all of said personal property and/or fixtures, or to add additional personal property and/or fixtures to the election herein expressed, at Beneficiary's sole election, from time to time and at any time until the consummation of the trustee's sale to be conducted pursuant to the Deed of Trust and this Notice of Trustee's Sale. The Trustee disclaims any responsibility for any error in the description of the physical address or legal description of the Property. The sale of the Property described herein will be made without any warranty, including warranties as to title, possession, encumbrances or bankruptcy status. Bidders must be prepared to tender $5,000.00 in certified funds at the sale and the balance of the purchase price in certified funds within twenty-four (24) hours of the sale (unless the following day is a weekend or holiday in which case the balance must be tendered on the next business day following the day of the sale). The sale is also subject to 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 applies, 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. The current beneficiary of the Deed of Trust is BANK OF AMERICA, N.A., a national banking association, and the record owner of the Property as of the recording of the Notice of Default was NEWPARK TOWN CENTER, LLC, a Utah limited liability company. The Trustee under the Deed of Trust is Brian D. Cunningham. The Trustee's mailing address and the address of the Trustee's office is 15 West South Temple, Suite 1200, Salt Lake City, UT 84101. The Trustee can be contacted by telephone at (801) 257-1900 between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding legal holidays. Brian D. Cunningham Snell & Wilmer L.L.P. Gateway Tower West 15 W. South Temple, Suite 1200 Salt Lake City, Utah 84101 Phone: 801-257-1900 Office Hours: 9:00 a.m. - 5:00 p.m. Monday through Friday, excluding legal holidays 856009 UPAXLP