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 entrance of the Seventh Judicial
District Courthouse in and for Emery County, State of Utah, which
courthouse is located at 1850 North 560 West, Castle Dale, Utah 84513,
on Wednesday, the 11th day of July 2012, at the hour of 12:30 p.m., on
said day, for the purpose of foreclosing that certain Revolving Credit
Deed of Trust (the "Trust Deed"), dated 25 November 2008, executed by
David G. Cunningham and Rene L. Cunningham, trustees of The David
George Cunningham & Rene Annette Launer Cunningham, Irrevocable Family
Trust, Dated November 25, 2002, as trustors, in favor of Central Bank,
as trustee and as beneficiary, which Trust Deed was filed for record
in the office of the Emery County, Utah Recorder on 1 December 2008,
as Entry No. 392622, at Pages 1 through 9, official records of Emery
County, Utah. The Trust Deed encumbers the following described parcel
of real property (the "Trust Property") situated in Emery County,
Tax Id# 02-0003-0001 & 02-0004-0004 TOWNSHIP 14 SOUTH, RANGE 6 EAST,
SLB&M: Section 3: Lots 3, 4, S1/2NW1/4, SW1/4, W1/2SW1/4SE1/4,
SW1/4NW1/4SE1/4. Section 10: W1/2NW1/4, NE1/4NW1/4.
The Trust Property or its address is approximately known as follows:
Vacant Land, Electric Lake Property, Emery County, Utah. The Trust
Property's tax identification numbers are 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: David G. Cunningham and Rene L. Cunningham,
trustees of The David George Cunningham & Rene Annette Launer
Cunningham, Irrevocable Family Trust, Dated November 25, 2002.
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 Emery County Progress June 5, 12 and 19, 2012.
These legal notices, along with those from other fine Utah newspapers, can be viewed at www.utahlegals.com