serving 2012-07-20 through 2012-08-03
NOTICE OF TRUSTEE 'S SALE The following described property will be sold at public auction to the highest bidder at the Main Entrance, Farmington District Court, 800 West State Street, Farmington, UT, on August 21, 2012, at 9:30 a.m. of said day, for the purpose of foreclosing a trust deed originally executed on September 24, 2007 by Maria E. Hernandez, as trustor, in favor of InterBay Funding, LLC, covering the following real property purported to be located in Davis County at 293 North Main Street, Clearfield, UT 84015 (the undersigned disclaims liability for any error in the address), and more particularly described as: Beginning at a point 154 feet West of the Northeast corner of Section 2, Township 4 North, Range 2 West, Salt Lake Meridian, in the city of Clearfield, and running thence South 133.76 feet; thence East 100 feet to the West line of a highway; thence North 133.76 feet along said highway; thence West 100 feet to the point of beginning. Less and excepting the Northerly 33 feet as conveyed to the State Road Commission of Utah by Quit-Claim Deed recorded November 30, 1956 as Entry No. 162013 in Book 115, Page 484. Also less and excepting: A parcel of land in fee for a Traffic Safety Improvement known as Project No. STP-0126 (6) 6, being part of an entire tract of property; situated in the Northeast Quarter of Section 2, Township 4 North, Range 2 West, Salt Lake Base and Meridian; the boundaries of said parcel of land are described as follows: beginning at the intersection of the West right-of-way line of State Route 126 (Main Street) and the South line of SR-103 (300 North) at a point 55.50 feet perpendicularly distant Westerly from the centerline of SR-126 of said project at engineering station 19+66.85; said point being South (equals South 00 ? 32 '34 " West highway bearing) 33.00 feet along the section line and West (equals North 89 ? 36 '32 " West highway bearing) 55.50 feet from the Northeast corner of said section and running thence West (equals North 89 ? 36 '32 " West highway bearing) 23.00 feet to a point 33.00 feet perpendicularly distant Southerly from the centerline of said SR-107 at engineering station 9+21.41; thence South 45 ? 20 '35 " (equals South 4500 ' East highway bearing) 14.95 feet; thence East (equals South 89 ? 36 '32 " East highway bearing) 12.33 feet to the West right-of-way line of said highway; thence North (equals North 00 ? 32 '34 " East highway bearing) 10.50 feet to the point of beginning as shown on the official map of said project on file in the office of the Utah Department of Transportation. Together with all additional lands, estates and development rights hereafter acquired by Borrower 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 deed of trust or otherwise be expressly made subject to the lien of this Security Instrument; the buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the land (the "Improvements "); all easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, ditches and ditch rights, wells and well rights, well permits, springs and spring rights and reservoirs and reservoir rights appurtenant to or historically used in connection with the premises and all of Trustors rights and interests under applicable state or Federal law to all water, and to use or consent to use all water, contained in or available from any part of the water bearing formations underlying the Premises, together with all associated easements and rights of way; any and all rights to obtain water, sewer and other services from service districts, water, water courses, water rights, licenses and powers, air rights, mineral rights (including but not limited to hard rock minerals, oil and gas) and development rights, all crops, timber, trees, shrubs, flowers and lands aping plants and materials now or hereafter located on, under or above the Premises, 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 reversion and reversions, remainder 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, dower and rights of dower, courtesy and rights of courtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Borrower of, in and to the Land and Improvements and every part and parcel thereof, with the appurtenances thereto; all machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) trade fixtures and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, including without limitation, letter of credit rights, deposit accounts, payment intangibles, investment property, electronic chattel paper, timber to be cut and farm animals, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Land and Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property "), and the right, title and interest of Borrower 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 this Security Instrument, and all proceeds and products of all of the above. Parcel No.: 12-020-0139 The current beneficiary of the trust deed is Bayview Loan Servicing, LLC, a Delaware Limited Liability Company and the record owner of the property as of the recording of the notice of default is Maria E. Hernandez. The sale is subject to bankruptcy filing, payoff, reinstatement or any other circumstance that would affect the validity of the sale. If any such circumstance exists, the sale shall be void, the successful bidder 's funds returned and the trustee and current beneficiary shall not be liable to the successful bidder for any damage. Bidders must tender to the trustee a $20,000.00 deposit at the sale and the balance of the purchase price by 12:00 noon the day following the sale. The deposit must be in the form of a bank or credit union cashier 's check or bank official check payable to eTitle Insurance Agency. The balance must be in the form of a wire transfer, bank or credit union cashier 's check, bank official check or U.S. Postal money order payable to eTitle Insurance Agency. Cash payments are not accepted. A trustee 's deed will be delivered to the successful bidder within three business days after receipt of the amount bid. DATED: July 20, 2012. eTitle Insurance Agency, Trustee By: /s/ Tom Cook Authorized Officer 3269 South Main, #100 Salt Lake City, UT 84115 (801) 263-3400 Office Hours: 8:00 a.m. - 5:00 p.m. L &A Case No. 12-24478/HL THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE . Pub.: July 20, 27, August 3, 2012. 495560
NOTICE OF TRUSTEE 'S SALE The following described property will be sold at public auction to the highest bidder at the Main Entrance, Farmington District Court, 800 West State Street, Farmington, UT, on August 21, 2012, at 9:30 a.m. of said day, for the purpose of foreclosing a trust deed originally executed on September 24, 2007 by Maria E. Hernandez, as trustor, in favor of InterBay Funding, LLC, covering the following real property purported to be located in Davis County at 293 North Main Street, Clearfield, UT 84015 (the undersigned disclaims liability for any error in the address), and more particularly described as: Beginning at a point 154 feet West of the Northeast corner of Section 2, Township 4 North, Range 2 West, Salt Lake Meridian, in the city of Clearfield, and running thence South 133.76 feet; thence East 100 feet to the West line of a highway; thence North 133.76 feet along said highway; thence West 100 feet to the point of beginning. Less and excepting the Northerly 33 feet as conveyed to the State Road Commission of Utah by Quit-Claim Deed recorded November 30, 1956 as Entry No. 162013 in Book 115, Page 484. Also less and excepting: A parcel of land in fee for a Traffic Safety Improvement known as Project No. STP-0126 (6) 6, being part of an entire tract of property; situated in the Northeast Quarter of Section 2, Township 4 North, Range 2 West, Salt Lake Base and Meridian; the boundaries of said parcel of land are described as follows: beginning at the intersection of the West right-of-way line of State Route 126 (Main Street) and the South line of SR-103 (300 North) at a point 55.50 feet perpendicularly distant Westerly from the centerline of SR-126 of said project at engineering station 19+66.85; said point being South (equals South 00 ? 32 '34 " West highway bearing) 33.00 feet along the section line and West (equals North 89 ? 36 '32 " West highway bearing) 55.50 feet from the Northeast corner of said section and running thence West (equals North 89 ? 36 '32 " West highway bearing) 23.00 feet to a point 33.00 feet perpendicularly distant Southerly from the centerline of said SR-107 at engineering station 9+21.41; thence South 45 ? 20 '35 " (equals South 4500 ' East highway bearing) 14.95 feet; thence East (equals South 89 ? 36 '32 " East highway bearing) 12.33 feet to the West right-of-way line of said highway; thence North (equals North 00 ? 32 '34 " East highway bearing) 10.50 feet to the point of beginning as shown on the official map of said project on file in the office of the Utah Department of Transportation. Together with all additional lands, estates and development rights hereafter acquired by Borrower 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 deed of trust or otherwise be expressly made subject to the lien of this Security Instrument; the buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the land (the "Improvements "); all easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, ditches and ditch rights, wells and well rights, well permits, springs and spring rights and reservoirs and reservoir rights appurtenant to or historically used in connection with the premises and all of Trustors rights and interests under applicable state or Federal law to all water, and to use or consent to use all water, contained in or available from any part of the water bearing formations underlying the Premises, together with all associated easements and rights of way; any and all rights to obtain water, sewer and other services from service districts, water, water courses, water rights, licenses and powers, air rights, mineral rights (including but not limited to hard rock minerals, oil and gas) and development rights, all crops, timber, trees, shrubs, flowers and lands aping plants and materials now or hereafter located on, under or above the Premises, 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 reversion and reversions, remainder 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, dower and rights of dower, courtesy and rights of courtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Borrower of, in and to the Land and Improvements and every part and parcel thereof, with the appurtenances thereto; all machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures) trade fixtures and other property of every kind and nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, including without limitation, letter of credit rights, deposit accounts, payment intangibles, investment property, electronic chattel paper, timber to be cut and farm animals, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, and usable in connection with the present or future operation and occupancy of the Land and Improvements and all building equipment, materials and supplies of any nature whatsoever owned by Borrower, or in which Borrower has or shall have an interest, now or hereafter located upon the Land and the Improvements, or appurtenant thereto, or usable in connection with the present or future operation and occupancy of the Land and the Improvements (collectively, the "Personal Property "), and the right, title and interest of Borrower 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 this Security Instrument, and all proceeds and products of all of the above. Parcel No.: 12-020-0139 The current beneficiary of the trust deed is Bayview Loan Servicing, LLC, a Delaware Limited Liability Company and the record owner of the property as of the recording of the notice of default is Maria E. Hernandez. The sale is subject to bankruptcy filing, payoff, reinstatement or any other circumstance that would affect the validity of the sale. If any such circumstance exists, the sale shall be void, the successful bidder 's funds returned and the trustee and current beneficiary shall not be liable to the successful bidder for any damage. Bidders must tender to the trustee a $20,000.00 deposit at the sale and the balance of the purchase price by 12:00 noon the day following the sale. The deposit must be in the form of a bank or credit union cashier 's check or bank official check payable to eTitle Insurance Agency. The balance must be in the form of a wire transfer, bank or credit union cashier 's check, bank official check or U.S. Postal money order payable to eTitle Insurance Agency. Cash payments are not accepted. A trustee 's deed will be delivered to the successful bidder within three business days after receipt of the amount bid. DATED: July 20, 2012. eTitle Insurance Agency, Trustee By: /s/ Tom Cook Authorized Officer 3269 South Main, #100 Salt Lake City, UT 84115 (801) 263-3400 Office Hours: 8:00 a.m. - 5:00 p.m. L &A Case No. 12-24478/HL THIS COMMUNICATION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE . Pub.: July 20, 27, August 3, 2012. 495560