serving 2012-03-06 through 2012-03-20
NOTICE OF SALE IN THE SECOND JUDICIAL DISTRICT COURT, WEBER COUNTY OGDEN DEPARTMENT, STATE OF UTAH BACM 2006-5 24TH STREET LODGING LLC, a Utah limited liability company, Plaintiff vs. MA OGDEN LLC; HI PRICE LLC; HI BOISE, LLC; HI RENTON LLC; CA LYNNWOOD LLC; HS KENT LLC; CA FRESNO HOTEL LLC; HI SANDIEGO LLC; CA SANTA FE LLC; MA PUEBLO LLC; HI CRAIG LLC; CP WILLIAMSBURG LLC; AND CP ENGLEQWOOD LLC, each a Delaware limited liability company, Defendants, Under and by virtue of a Writ of Execution issued out of the above entitled action on the 27TH of December, 2011, I am commanded to sell at public auction all that parcel of land situated in Ogden, Weber County, Utah described as follows to-wit: PROPERTY DESCRIPTION: REAL PROPERTY Legal description of real property known as the Ogden Marriot, 247 24th Street, Ogden, Utah: PARCEL A: A part of Block 24, Plat "A " in Ogden City, Weber County, Utah: Beginning at the Northwest corner of said Block 24, and running thence along the North line of said Block 24, South 89 ? 09 ' East 513 feet; thence South 0 ? 58 ' West 295 feet; thence South 89 ? 09 ' East 154 feet to a point on the East line of said Block 24; thence South 0 ? 58 ' West 88.48 feet along said East line; thence North 89 ? 05 '31 " West 133.4 feet; thence North 0 ? 58 ' East 50.575 feet to the Southeast corner of Lot 9 in said Block 24; thence along the South line of Lots 9 and 8, North 89 ? 05 '31 " West 270.6 feet; thence North 0 ? 58 ' East 14.75 feet; thence North 89 ? 05 '31 " West 263 feet to a point on the West line of said Block 24; thence North 0 ? 58 ' East 317.48 feet to the point of beginning Situate in Weber County State of Utah (For reference purposes only: Tax Parcel No. 01-020-0008) PARCEL B: A part of Block 24, Plat "A " in Ogden City, Weber County, Utah: Beginning at a point on the West line of said Block 24, said point being South 0 ? 58 ' West 317.48 feet from the Northwest corner of said Block 24, and running thence South 89 ? 05 '31 " East 263 feet; thence South 0 ? 58 ' West 14.75 feet to a point on the South line of Lot 8 in said Block 24; thence along the South line of Lots 8 and 9, South 89 ? 05 '31 " East 270.6 feet to the Southeast corner of Lot 9 in said Block 24; thence South 0 ? 58 ' West 50.575 feet; thence South 89 ? 05 '31 " East 133.4 feet to a point on the East line of said Block 24; thence South 0 ? 58 ' West 65.33 feet along said East line; thence North 89 ? 02 ' West 385 feet; thence North 0 ? 58 ' East 22.65 feet; thence North 89 ? 02 ' West 282 feet to a point on the West line of said Block 24; thence North 0 ? 58 ' East 103.33 feet to the point of beginning. Situate in Weber County, State of Utah (For reference purposes only: Tax Parcel No. 01-020-0006) PARCEL C: Together with those rights-of-way and easements as granted and described in that certain Parking and Access Agreement dated June 23, 1983, and recorded June 21, 1984, in Book 1448, at Page 1444, as Entry No. 911875 and also in that certain Declaration of Easements and Restrictions dated July 25, 1986, and recorded July 29, 1986, in Book 1495, at Page 1471, as Entry No. 976875. Together with all hereditaments, tenements, appurtenances, improvements and fixtures thereon and all rights and privileges appurtenant thereto. PERSONAL PROPERTY All rights, interests and estates now owned, or hereafter acquired by Defendants (hereafter "Debtor ") in, to or under the following (collectively, the "Property "): 1. Land. The real property described above (the "Land "); 2. Additional Land. All additional lands, estates and development rights hereafter acquired by Debtor 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 mortgage or otherwise be expressly made subject to the lien of that certain Deed of Trust, Security Agreement and Financing Statement dated September 12, 2006 (the "Security instrument "); 3. Improvements. The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (collectively, the "Improvements "); 4. Easements. All easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, 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 reversions 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, rights of dower, rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Debtor of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto; 5. Equipment. All "equipment, " as such term is defined in Article 9 of the Uniform Commercial Code (as hereinafter defined), now owned or hereafter acquired by Debtor, which is used at or in connection with the Improvements or the Land or is located thereon or therein (including, but not limited to, all machinery, equipment, furnishings, and electronic data- processing and other office equipment now owned or hereafter acquired by Debtor and any and all additions, substitutions and replacements of any of the foregoing), together with all attachments, components, parts, equipment and accessories installed thereon or affixed thereto now owned or hereafter acquired by Debtor (collectively, the "Equipment "). Notwithstanding the foregoing, Equipment shall not include any property belonging to tenants under leases except to the extent that Debtor shall have any right or interest therein; 6. Fixtures. All Equipment now owned, or the ownership of which is hereafter acquired, by Debtor which is so related to the Land and Improvements forming part of the Property that it is deemed fixtures or real property under the law of the particular state in which the Equipment is located, including, without limitation, all building or construction materials intended for construction, reconstruction, alteration or repair of or installation on the Property, machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), furniture, software used in or to operate any of the foregoing, inventory and articles of personal property and accessions thereof and renewals, replacements thereof and substitutions therefor (including, but not limited to, beds, bureaus, chiffoniers, chests, chairs, desks, lamps, mirrors, bookcases, tables, rugs, carpeting, drapes, draperies, curtains, shades, venetian blinds, screens, paintings, hangings, pictures, divans, couches, luggage carts, luggage racks, stools, sofas, chinaware, linens, pillows, blankets, glassware, silverware, foodcarts, cookware, dry cleaning facilities, dining room wagons, keys or other entry systems, bars, bar fixtures, liquor and other drink dispensers, icemakers, radios, television sets, intercom and paging equipment, electric and electronic equipment, dictating equipment, private telephone systems, medical equipment, potted plants, heating, lighting and plumbing fixtures, fire prevention and extinguishing apparatus, cooling and air-conditioning systems, elevators, escalators, fittings, plants, apparatus, stoves, ranges, refrigerators, laundry machines, tools, machinery, engines, dynamos, motors, boilers, incinerators, switchboards, conduits, compressors, vacuum cleaning systems, floor cleaning, waxing and polishing equipment, call systems, brackets, electrical signs, bulbs, bells, ash and fuel, conveyors, cabinets, lockers, shelving, spotlighting equipment, dishwashers, garbage disposals, washers and dryers), other customary hotel equipment and other tangible and other property of every kind and nature whatsoever owned by Debtor, or in which Debtor has or shall have an interest, now or hereafter attached to, installed in or used in connection with (temporarily or permanently) any of the Improvements or the Land, including, but not limited to, engines, devices for the operation of pumps, pipes, plumbing, call and sprinkler systems, fire extinguishing apparatuses and equipment, heating, ventilating, incinerating, electrical, air conditioning and air cooling equipment and systems, gas and electric machinery, appurtenances and equipment, pollution control equipment, security systems, disposals, dishwashers, refrigerators and ranges, recreational equipment and facilities of all kinds, and water, gas, electrical, storm and sanitary sewer facilities, utility lines and equipment (whether owned individually or jointly with others, and, if owned jointly, to the extent of Debtor 's interest therein) and all other utilities whether or not situated in easements, all water tanks, water supply, water power sites, fuel stations, fuel tanks, fuel supply, and all other structures, together with all accessions, appurtenances, additions, replacements, betterments and substitutions for any of the foregoing and the proceeds thereof (collectively, the "Fixtures "). Notwithstanding the foregoing, "Fixtures " shall not include any property which tenants are entitled to remove pursuant to leases except to the extent that Debtor shall have any right or interest therein; 7. Personal Property. All furniture, furnishings, objects of art, machinery, goods, tools, supplies, appliances, general intangibles, contract rights, accounts, accounts receivable, franchises, licenses (including liquor licenses), certificates and permits, and all other personal property of any kind or character whatsoever as defined in and subject to the provisions of the Uniform Commercial Code, whether tangible or intangible, other than Fixtures, which are now or hereafter owned by Debtor and which are located within or about the Land and the Improvements, together with all accessories, replacements and substitutions thereto or therefor and the proceeds thereof (collectively, the "Personal Property "), and the right, title and interest of Debtor 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 the Security Instrument and all proceeds and products of the above; 8. Leases and Rents. All leases (including, without limitation, the Operating Leases (as defined in the Loan Agreement)), subleases, rental agreements, registration cards and agreements, if any, or subsubleases, lettings, licenses (including liquor licenses), concessions or other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy all or any portion of the Land and the Improvements, and every modification, amendment or other agreement relating to such leases, subleases, subsubleases, or other agreements entered into in connection with such leases, subleases, subsubleases, or other agreements and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto., heretofore or hereafter entered into by Debtor or any operator or manager of the hotel (collectively, the "Leases "), whether before or after the filing by or against Debtor of any petition for relief under the Bankruptcy Code, subject to the revocable license in favor of Debtor contained in Section 1.2 hereof, and all right, title and interest of Debtor, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents (including, without limitation, rents payable pursuant to the Operating Leases), additional rents, revenues, issues and profits, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements, all income, rents, room rates, issues, profits, revenues, deposits, accounts and other benefits from the operation of the hotel on the Land and/or the Improvements, including, without limitation, all revenues and credit card receipts collected from guest rooms, restaurants, bars, mini-bars, meeting rooms, banquet rooms and recreational facilities and otherwise, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of sale, lease, sublease, license, concession or other grant of the right of the possession, use or occupancy of all or any portion of the Land and/or Improvements, or personalty located thereon, or rendering of services by Debtor or any operator or manager of the hotel or the commercial space located in the Improvements or acquired from others including, without limitation, from the rental of any office space, retail space, commercial space, guest room or other space, halls, stores or offices, including any deposits securing reservations of such space, exhibit or sales space of every kind, license, lease, sublease and concession fees and rentals, health club membership fees, food and beverage wholesale and retail sales, service charges, vending machine sales and proceeds, if any, from business interruption or other loss of income insurance relating to the use, enjoyment or occupancy of the Land, income, receivables, receipts, revenues, deposits (including, without limitation, security, utility and other deposits), accounts, cash, issues, registration fees, if any, profits, charges for services rendered, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Debtor or its agents or employees from any and all sources arising from or attributable to the Property, including, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Debtor or Manager and proceeds, if any, from business interruption or other loss of income insurance whether paid or accruing before or after the filing by or against Debtor of any petition for relief under the Bankruptcy Code and all proceeds from any sale of all or a portion of the Property (collectively, the "Rents ") and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt; 9. Condemnation Awards. All awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Property, whether from the exercise of the right of eminent domain (including, but not limited to, any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Property; 10. Insurance Proceeds. All proceeds in respect of the Property under any insurance policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Property in accordance with the terms of the Loan Agreement; 11. Tax Certiorari. All refunds, rebates or credits in connection with reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction; 12. Conversion. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims; 13. Rights. The right, in the name and on behalf of Debtor, to appear in and defend any action or proceeding brought with respect to the Property in accordance with the terms of the Loan Agreement and to commence any action or proceeding to protect the interest of Beneficiary in the Property in accordance with the terms of the Loan Agreement; 14. Agreements. To the extent assignable, all agreements, contracts, certificates, instruments, franchises, permits, licenses, plans, specifications, and other documents, now or hereafter entered into by Debtor, or any operator or manager of the hotel, and all rights therein and thereto, respecting or- pertaining to the use, occupation, construction, management or operation of the Land and any part thereof and any Improvements or any business or activity conducted on the Land and any part thereof and all right, title and interest of Debtor therein and thereunder, including, without limitation, the right, upon the happening of any Event of Default hereunder, to receive and collect any sums payable to Debtor thereunder; 15. Trademarks. To the extent assignable, all tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property; 16. Accounts. All reserves, escrows and deposit accounts maintained by Debtor with respect to the Property, including, without limitation (i) all accounts established pursuant to the Cash Management Agreement and (ii) all accounts established pursuant to the Lockbox Agreement; together with all deposits or wire transfers made to the Lockbox Account or Cash Management Account and all cash, checks, drafts, certificates, securities, investment property, financial assets, instruments and other property held therein from time to time and all proceeds, products, distributions or dividends or substitutions thereon and thereof; 17. Security Interests. All right, title and interest of Debtor as secured party holding a security interest in the fixtures, furniture, equipment, personal property, accounts, licenses, permits, contracts and other collateral owned by the Operating Lessee pursuant to the security interest granted by Operating Lessee to Debtor under the Operating Lease (the "Operating Lease Security Agreement "); 18. Accounts Receivables. All right, title and interest of Debtor arising from the operation of the Land and the Improvements in and to all payments for goods or property sold or leased or for services rendered, whether or not yet earned by performance, and not evidenced by an instrument or chattel paper (hereinafter referred to as "Accounts Receivable ") including, without limiting the generality of the foregoing, (i) all accounts, contract rights, book debts, and notes arising from the operation of a hotel on the Land and the Improvements or arising from the sale, lease or exchange of goods or other property and/or the performance of services, (ii) Debtor 's rights to payment from any consumer credit/charge card organization or entities which sponsor and administer such cards as the American Express Card, the Visa Card and the MasterCard, (iii) Debtor 's rights in, to and under all purchase orders for goods, services or other property, (iv) Debtor 's rights to any goods, services or other property represented by any of the foregoing, (v) monies due to or to become due to Debtor under all contracts for the sale, lease or exchange of goods or other property and/or the performance of services including the right to payment of any interest or finance charges in respect thereto (whether or not yet earned by performance on the part of Debtor) and (vi) all collateral security and guaranties of any kind given by any person or entity with respect to any of the foregoing. Accounts Receivable shall include those now existing or hereafter created, substitutions therefor, proceeds (whether cash or non-cash, movable or immovable, tangible or intangible) received upon the sale, exchange, transfer, collection or other disposition or substitution thereof and any and all of the foregoing and proceeds therefrom; and 19. Other Rights. Any and all other rights of Debtor in and to the items set forth in Subsections (a) through (r) above. All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Security Instrument. Notice is hereby given that on the 22 nd March, 2012, at 2:00 pm o 'clock of said day on the Front Steps of the Second Judicial District Courts Building at 2525 Grant Avenue in Ogden, Weber County, Utah, I will in obedience to said Writ, sell the above described property, or so much thereof as may be necessary to satisfy Plaintiff 's judgment, with interest and cost, to the highest bidder. Dated this 29th day of February, 2012. Terry L. Thompson Sheriff, Weber County By Pat Donehoo Deputy Sheriff **WE STRONGLY RECOMMEND ANYONE INTERESTED IN BIDDING ON ANY PROPERTY NOTICED FOR SALE RESEARCH THE OWNERSHIP OF THE PROPERTY THOROUGHLY PRIOR TO BIDDING** Pub.: March 6, 13, 20, 2012. 482429
NOTICE OF SALE IN THE SECOND JUDICIAL DISTRICT COURT, WEBER COUNTY OGDEN DEPARTMENT, STATE OF UTAH BACM 2006-5 24TH STREET LODGING LLC, a Utah limited liability company, Plaintiff vs. MA OGDEN LLC; HI PRICE LLC; HI BOISE, LLC; HI RENTON LLC; CA LYNNWOOD LLC; HS KENT LLC; CA FRESNO HOTEL LLC; HI SANDIEGO LLC; CA SANTA FE LLC; MA PUEBLO LLC; HI CRAIG LLC; CP WILLIAMSBURG LLC; AND CP ENGLEQWOOD LLC, each a Delaware limited liability company, Defendants, Under and by virtue of a Writ of Execution issued out of the above entitled action on the 27TH of December, 2011, I am commanded to sell at public auction all that parcel of land situated in Ogden, Weber County, Utah described as follows to-wit: PROPERTY DESCRIPTION: REAL PROPERTY Legal description of real property known as the Ogden Marriot, 247 24th Street, Ogden, Utah: PARCEL A: A part of Block 24, Plat "A " in Ogden City, Weber County, Utah: Beginning at the Northwest corner of said Block 24, and running thence along the North line of said Block 24, South 89 ? 09 ' East 513 feet; thence South 0 ? 58 ' West 295 feet; thence South 89 ? 09 ' East 154 feet to a point on the East line of said Block 24; thence South 0 ? 58 ' West 88.48 feet along said East line; thence North 89 ? 05 '31 " West 133.4 feet; thence North 0 ? 58 ' East 50.575 feet to the Southeast corner of Lot 9 in said Block 24; thence along the South line of Lots 9 and 8, North 89 ? 05 '31 " West 270.6 feet; thence North 0 ? 58 ' East 14.75 feet; thence North 89 ? 05 '31 " West 263 feet to a point on the West line of said Block 24; thence North 0 ? 58 ' East 317.48 feet to the point of beginning Situate in Weber County State of Utah (For reference purposes only: Tax Parcel No. 01-020-0008) PARCEL B: A part of Block 24, Plat "A " in Ogden City, Weber County, Utah: Beginning at a point on the West line of said Block 24, said point being South 0 ? 58 ' West 317.48 feet from the Northwest corner of said Block 24, and running thence South 89 ? 05 '31 " East 263 feet; thence South 0 ? 58 ' West 14.75 feet to a point on the South line of Lot 8 in said Block 24; thence along the South line of Lots 8 and 9, South 89 ? 05 '31 " East 270.6 feet to the Southeast corner of Lot 9 in said Block 24; thence South 0 ? 58 ' West 50.575 feet; thence South 89 ? 05 '31 " East 133.4 feet to a point on the East line of said Block 24; thence South 0 ? 58 ' West 65.33 feet along said East line; thence North 89 ? 02 ' West 385 feet; thence North 0 ? 58 ' East 22.65 feet; thence North 89 ? 02 ' West 282 feet to a point on the West line of said Block 24; thence North 0 ? 58 ' East 103.33 feet to the point of beginning. Situate in Weber County, State of Utah (For reference purposes only: Tax Parcel No. 01-020-0006) PARCEL C: Together with those rights-of-way and easements as granted and described in that certain Parking and Access Agreement dated June 23, 1983, and recorded June 21, 1984, in Book 1448, at Page 1444, as Entry No. 911875 and also in that certain Declaration of Easements and Restrictions dated July 25, 1986, and recorded July 29, 1986, in Book 1495, at Page 1471, as Entry No. 976875. Together with all hereditaments, tenements, appurtenances, improvements and fixtures thereon and all rights and privileges appurtenant thereto. PERSONAL PROPERTY All rights, interests and estates now owned, or hereafter acquired by Defendants (hereafter "Debtor ") in, to or under the following (collectively, the "Property "): 1. Land. The real property described above (the "Land "); 2. Additional Land. All additional lands, estates and development rights hereafter acquired by Debtor 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 mortgage or otherwise be expressly made subject to the lien of that certain Deed of Trust, Security Agreement and Financing Statement dated September 12, 2006 (the "Security instrument "); 3. Improvements. The buildings, structures, fixtures, additions, enlargements, extensions, modifications, repairs, replacements and improvements now or hereafter erected or located on the Land (collectively, the "Improvements "); 4. Easements. All easements, rights-of-way or use, rights, strips and gores of land, streets, ways, alleys, passages, sewer rights, water, water courses, water rights and powers, air rights and development rights, 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 reversions 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, rights of dower, rights of curtesy, property, possession, claim and demand whatsoever, both at law and in equity, of Debtor of, in and to the Land and the Improvements and every part and parcel thereof, with the appurtenances thereto; 5. Equipment. All "equipment, " as such term is defined in Article 9 of the Uniform Commercial Code (as hereinafter defined), now owned or hereafter acquired by Debtor, which is used at or in connection with the Improvements or the Land or is located thereon or therein (including, but not limited to, all machinery, equipment, furnishings, and electronic data- processing and other office equipment now owned or hereafter acquired by Debtor and any and all additions, substitutions and replacements of any of the foregoing), together with all attachments, components, parts, equipment and accessories installed thereon or affixed thereto now owned or hereafter acquired by Debtor (collectively, the "Equipment "). Notwithstanding the foregoing, Equipment shall not include any property belonging to tenants under leases except to the extent that Debtor shall have any right or interest therein; 6. Fixtures. All Equipment now owned, or the ownership of which is hereafter acquired, by Debtor which is so related to the Land and Improvements forming part of the Property that it is deemed fixtures or real property under the law of the particular state in which the Equipment is located, including, without limitation, all building or construction materials intended for construction, reconstruction, alteration or repair of or installation on the Property, machinery, equipment, fixtures (including, but not limited to, all heating, air conditioning, plumbing, lighting, communications and elevator fixtures), furniture, software used in or to operate any of the foregoing, inventory and articles of personal property and accessions thereof and renewals, replacements thereof and substitutions therefor (including, but not limited to, beds, bureaus, chiffoniers, chests, chairs, desks, lamps, mirrors, bookcases, tables, rugs, carpeting, drapes, draperies, curtains, shades, venetian blinds, screens, paintings, hangings, pictures, divans, couches, luggage carts, luggage racks, stools, sofas, chinaware, linens, pillows, blankets, glassware, silverware, foodcarts, cookware, dry cleaning facilities, dining room wagons, keys or other entry systems, bars, bar fixtures, liquor and other drink dispensers, icemakers, radios, television sets, intercom and paging equipment, electric and electronic equipment, dictating equipment, private telephone systems, medical equipment, potted plants, heating, lighting and plumbing fixtures, fire prevention and extinguishing apparatus, cooling and air-conditioning systems, elevators, escalators, fittings, plants, apparatus, stoves, ranges, refrigerators, laundry machines, tools, machinery, engines, dynamos, motors, boilers, incinerators, switchboards, conduits, compressors, vacuum cleaning systems, floor cleaning, waxing and polishing equipment, call systems, brackets, electrical signs, bulbs, bells, ash and fuel, conveyors, cabinets, lockers, shelving, spotlighting equipment, dishwashers, garbage disposals, washers and dryers), other customary hotel equipment and other tangible and other property of every kind and nature whatsoever owned by Debtor, or in which Debtor has or shall have an interest, now or hereafter attached to, installed in or used in connection with (temporarily or permanently) any of the Improvements or the Land, including, but not limited to, engines, devices for the operation of pumps, pipes, plumbing, call and sprinkler systems, fire extinguishing apparatuses and equipment, heating, ventilating, incinerating, electrical, air conditioning and air cooling equipment and systems, gas and electric machinery, appurtenances and equipment, pollution control equipment, security systems, disposals, dishwashers, refrigerators and ranges, recreational equipment and facilities of all kinds, and water, gas, electrical, storm and sanitary sewer facilities, utility lines and equipment (whether owned individually or jointly with others, and, if owned jointly, to the extent of Debtor 's interest therein) and all other utilities whether or not situated in easements, all water tanks, water supply, water power sites, fuel stations, fuel tanks, fuel supply, and all other structures, together with all accessions, appurtenances, additions, replacements, betterments and substitutions for any of the foregoing and the proceeds thereof (collectively, the "Fixtures "). Notwithstanding the foregoing, "Fixtures " shall not include any property which tenants are entitled to remove pursuant to leases except to the extent that Debtor shall have any right or interest therein; 7. Personal Property. All furniture, furnishings, objects of art, machinery, goods, tools, supplies, appliances, general intangibles, contract rights, accounts, accounts receivable, franchises, licenses (including liquor licenses), certificates and permits, and all other personal property of any kind or character whatsoever as defined in and subject to the provisions of the Uniform Commercial Code, whether tangible or intangible, other than Fixtures, which are now or hereafter owned by Debtor and which are located within or about the Land and the Improvements, together with all accessories, replacements and substitutions thereto or therefor and the proceeds thereof (collectively, the "Personal Property "), and the right, title and interest of Debtor 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 the Security Instrument and all proceeds and products of the above; 8. Leases and Rents. All leases (including, without limitation, the Operating Leases (as defined in the Loan Agreement)), subleases, rental agreements, registration cards and agreements, if any, or subsubleases, lettings, licenses (including liquor licenses), concessions or other agreements (whether written or oral) pursuant to which any Person is granted a possessory interest in, or right to use or occupy all or any portion of the Land and the Improvements, and every modification, amendment or other agreement relating to such leases, subleases, subsubleases, or other agreements entered into in connection with such leases, subleases, subsubleases, or other agreements and every guarantee of the performance and observance of the covenants, conditions and agreements to be performed and observed by the other party thereto., heretofore or hereafter entered into by Debtor or any operator or manager of the hotel (collectively, the "Leases "), whether before or after the filing by or against Debtor of any petition for relief under the Bankruptcy Code, subject to the revocable license in favor of Debtor contained in Section 1.2 hereof, and all right, title and interest of Debtor, its successors and assigns therein and thereunder, including, without limitation, cash or securities deposited thereunder to secure the performance by the lessees of their obligations thereunder and all rents (including, without limitation, rents payable pursuant to the Operating Leases), additional rents, revenues, issues and profits, rent equivalents, moneys payable as damages or in lieu of rent or rent equivalents, royalties (including all oil and gas or other mineral royalties and bonuses) from the Land and the Improvements, all income, rents, room rates, issues, profits, revenues, deposits, accounts and other benefits from the operation of the hotel on the Land and/or the Improvements, including, without limitation, all revenues and credit card receipts collected from guest rooms, restaurants, bars, mini-bars, meeting rooms, banquet rooms and recreational facilities and otherwise, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of sale, lease, sublease, license, concession or other grant of the right of the possession, use or occupancy of all or any portion of the Land and/or Improvements, or personalty located thereon, or rendering of services by Debtor or any operator or manager of the hotel or the commercial space located in the Improvements or acquired from others including, without limitation, from the rental of any office space, retail space, commercial space, guest room or other space, halls, stores or offices, including any deposits securing reservations of such space, exhibit or sales space of every kind, license, lease, sublease and concession fees and rentals, health club membership fees, food and beverage wholesale and retail sales, service charges, vending machine sales and proceeds, if any, from business interruption or other loss of income insurance relating to the use, enjoyment or occupancy of the Land, income, receivables, receipts, revenues, deposits (including, without limitation, security, utility and other deposits), accounts, cash, issues, registration fees, if any, profits, charges for services rendered, and other consideration of whatever form or nature received by or paid to or for the account of or benefit of Debtor or its agents or employees from any and all sources arising from or attributable to the Property, including, all receivables, customer obligations, installment payment obligations and other obligations now existing or hereafter arising or created out of the sale, lease, sublease, license, concession or other grant of the right of the use and occupancy of property or rendering of services by Debtor or Manager and proceeds, if any, from business interruption or other loss of income insurance whether paid or accruing before or after the filing by or against Debtor of any petition for relief under the Bankruptcy Code and all proceeds from any sale of all or a portion of the Property (collectively, the "Rents ") and all proceeds from the sale or other disposition of the Leases and the right to receive and apply the Rents to the payment of the Debt; 9. Condemnation Awards. All awards or payments, including interest thereon, which may heretofore and hereafter be made with respect to the Property, whether from the exercise of the right of eminent domain (including, but not limited to, any transfer made in lieu of or in anticipation of the exercise of the right), or for a change of grade, or for any other injury to or decrease in the value of the Property; 10. Insurance Proceeds. All proceeds in respect of the Property under any insurance policies covering the Property, including, without limitation, the right to receive and apply the proceeds of any insurance, judgments, or settlements made in lieu thereof, for damage to the Property in accordance with the terms of the Loan Agreement; 11. Tax Certiorari. All refunds, rebates or credits in connection with reduction in real estate taxes and assessments charged against the Property as a result of tax certiorari or any applications or proceedings for reduction; 12. Conversion. All proceeds of the conversion, voluntary or involuntary, of any of the foregoing including, without limitation, proceeds of insurance and condemnation awards, into cash or liquidation claims; 13. Rights. The right, in the name and on behalf of Debtor, to appear in and defend any action or proceeding brought with respect to the Property in accordance with the terms of the Loan Agreement and to commence any action or proceeding to protect the interest of Beneficiary in the Property in accordance with the terms of the Loan Agreement; 14. Agreements. To the extent assignable, all agreements, contracts, certificates, instruments, franchises, permits, licenses, plans, specifications, and other documents, now or hereafter entered into by Debtor, or any operator or manager of the hotel, and all rights therein and thereto, respecting or- pertaining to the use, occupation, construction, management or operation of the Land and any part thereof and any Improvements or any business or activity conducted on the Land and any part thereof and all right, title and interest of Debtor therein and thereunder, including, without limitation, the right, upon the happening of any Event of Default hereunder, to receive and collect any sums payable to Debtor thereunder; 15. Trademarks. To the extent assignable, all tradenames, trademarks, servicemarks, logos, copyrights, goodwill, books and records and all other general intangibles relating to or used in connection with the operation of the Property; 16. Accounts. All reserves, escrows and deposit accounts maintained by Debtor with respect to the Property, including, without limitation (i) all accounts established pursuant to the Cash Management Agreement and (ii) all accounts established pursuant to the Lockbox Agreement; together with all deposits or wire transfers made to the Lockbox Account or Cash Management Account and all cash, checks, drafts, certificates, securities, investment property, financial assets, instruments and other property held therein from time to time and all proceeds, products, distributions or dividends or substitutions thereon and thereof; 17. Security Interests. All right, title and interest of Debtor as secured party holding a security interest in the fixtures, furniture, equipment, personal property, accounts, licenses, permits, contracts and other collateral owned by the Operating Lessee pursuant to the security interest granted by Operating Lessee to Debtor under the Operating Lease (the "Operating Lease Security Agreement "); 18. Accounts Receivables. All right, title and interest of Debtor arising from the operation of the Land and the Improvements in and to all payments for goods or property sold or leased or for services rendered, whether or not yet earned by performance, and not evidenced by an instrument or chattel paper (hereinafter referred to as "Accounts Receivable ") including, without limiting the generality of the foregoing, (i) all accounts, contract rights, book debts, and notes arising from the operation of a hotel on the Land and the Improvements or arising from the sale, lease or exchange of goods or other property and/or the performance of services, (ii) Debtor 's rights to payment from any consumer credit/charge card organization or entities which sponsor and administer such cards as the American Express Card, the Visa Card and the MasterCard, (iii) Debtor 's rights in, to and under all purchase orders for goods, services or other property, (iv) Debtor 's rights to any goods, services or other property represented by any of the foregoing, (v) monies due to or to become due to Debtor under all contracts for the sale, lease or exchange of goods or other property and/or the performance of services including the right to payment of any interest or finance charges in respect thereto (whether or not yet earned by performance on the part of Debtor) and (vi) all collateral security and guaranties of any kind given by any person or entity with respect to any of the foregoing. Accounts Receivable shall include those now existing or hereafter created, substitutions therefor, proceeds (whether cash or non-cash, movable or immovable, tangible or intangible) received upon the sale, exchange, transfer, collection or other disposition or substitution thereof and any and all of the foregoing and proceeds therefrom; and 19. Other Rights. Any and all other rights of Debtor in and to the items set forth in Subsections (a) through (r) above. All capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Security Instrument. Notice is hereby given that on the 22 nd March, 2012, at 2:00 pm o 'clock of said day on the Front Steps of the Second Judicial District Courts Building at 2525 Grant Avenue in Ogden, Weber County, Utah, I will in obedience to said Writ, sell the above described property, or so much thereof as may be necessary to satisfy Plaintiff 's judgment, with interest and cost, to the highest bidder. Dated this 29th day of February, 2012. Terry L. Thompson Sheriff, Weber County By Pat Donehoo Deputy Sheriff **WE STRONGLY RECOMMEND ANYONE INTERESTED IN BIDDING ON ANY PROPERTY NOTICED FOR SALE RESEARCH THE OWNERSHIP OF THE PROPERTY THOROUGHLY PRIOR TO BIDDING** Pub.: March 6, 13, 20, 2012. 482429