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Show TRUSTEE'S NOTICE OF 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 Main Entrance (public entry) Courts Building, Davis County Criminal Justice Complex, 800 West State Street, Farmington, Utah, on June 1, 2004 at 10:30 AM, for the purpose of foreclosing a Trust Deed dated October 25, Samuel executed 2001 by Sanchez, as Trustors, in favor of Mortgage Electronic RegisInc. tration Systems, ("MERS"), as Beneficiary, covering real property located in Davis County and described as LOT ALL OF follows: 21, HOLMES CREEK ESTATES DAVIS COUNSUBDIVISION. TY. UTAH, ACCORDING TO PLAT THERETHE OFFICIAL OF. Together with all the im- provements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. Tax Parcel The street No.: address of the property is purported to be 355 South 975 East, Layton, UT 84041. The undersigned disclaims any liability for any error in the street address. The current Beneficiary of the trust deed is MorRegistration tgage Electronic Systems, Inc., ("MERS"), solefor the lender ly as nominee and the record owners of the property as of the recording of this notice of default are reported to be Samuel Sanchez and Myrna Figeroa Bidders must be prepared to tender to the trustee $5,000.00 at the sale and the balance of the purchase price by 12:00 noon the day following the sale. Both payments must be in the form of a cashier's check; cash is A trustee's not acceptable. deed will be made available to bidder within the successful three business days following receipt of the bid amount. The sale is made without any warranty whatsoever, including but not limited to any warranty as to title, liens, possession, taxes or condition of encumbrances, the property The sale Is subject to a 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 apply, the sale will be void bidder's and the successful funds will be returned without any liability to the trustee or beneficiary for interest or any IS other damages. NOTICE HEREBY GIVEN THAT THIS ATTEMPTING TO DEBT AND ANY OBTAINED INFORMATION WILL BE USED FOR THAT Dated PURPOSE. 6, May FIRM IS COLLECT 2004. A Stuart T. Matheson, Matheson, Mortenson, Olsen & Jeppson, PC. 648 East First South Salt Lake City, Utah 84102 (801) 363-224Office Hours 8:30 am to 4:30 pm, Mon.-FrNo.: MMOJ File 006220m ASAP592718 56, 513, 520 Successor Trustee NOTICE TO CREDITORS THE SECOND JUDICIAL DISTRICT COURT OF DAVIS COUNTY STATE OF UTAH IN THE MATTER OF THE ESTATE OF DENNIS FELT Deceased. All persons having claims against the above estate are required to present them to the undersigned or to the Clerk of the Second Judicial District Court of Davis County on or before the 14th day of August. 2004, or said claims shall be forever barred. LARENE FELT co Douglas K. Fadel Attorney at Law P.O. Box 159 500 N. Marketplace Drive, Suite 201 Centerville, Utah 84014 513-2- 7 KAYSVILLE CITY PUBLIC HEARING NOTICE Notice is hereby given that the City Council of Kaysville City will hold a public hearing on Tuesday, June 1, 2004, at 6:45 p.m., in the Council Room (Room A) of the Kaysville City 23 East Municipal Center, Center, Kaysville, to consider: of Amendment Subsection 1 No 1063786-0- Casebier RarkingAreasJ and Mainte Development nance of Title 17, Planning of the Revised and Zoning Ordinances of Kaysville City. hereby certify that posted a copy of the foregoing Public Hearing notice at three public places within the City by May 18, 2004. LINDA ROSS 520 City Recorder Legal deadline: Tuesday, 5 p.m. LOAN TRA: UNDER FAULT TRUSTEE'S Trust REF: Mike 7 0600255498. TO NOTICE OWNER: YOU NO. IMPORTANT PROPERTY ARE IN DEA DEED OF DATED December TRUST, YOU UNLESS 2001. 12, TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING YOU AGAINST YOU, SHOULD CONTACT A LAWYER. On June 08, 2004, at 10:30am, James H. Woodall, as duly appointed Trustee under a Deed of Trust recorded December 14, 2001, as Inst. No. 1712355, in Book 2945, Page 875, of the Official Records in the office at the County Recorder of Davis County, State of Utah, executed by Mike Casebier and Heather Casebier, Husband And Wife, will sell at public auction to highest bidder, payable in lawful money of the United States at the time of sale. Successful bidders must tender a deposit of $5,000 in certified funds to the trustee at the time of sale, with the balance due by noon the following business day, at the office of the Trustee. At the main entrance of the Davis County District Court Bountiful Department, 805 South Main Street, Bountiful, Utah all right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and State described as: All of Lot 31, Buena Vista Subdivision No. Davis Sunset 3, City, County Utah, according to the street official plat thereof. The address and other common designation of the real property described above is purported to be: 1409 North 350 West Sunset, Utah 84015. Estimated Total Debt as of June 08, 2004 The underis $111,322.26. signed Trustee disclaims any liability for any incorrectness of the street address and other if common designation, any. shown herein. Said sale will be warmade without covenant or ranty, express or implied, regarding title, possession, condition or encumbrances, including fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust, to pay the remaining principal sums of the note(s) secured by said Deed of Trust. The current beneficiary of the Trust Deed as of the date of this notice is: GMAC Mortgage Corporation. The record owners of the property as of the recording of the Notice of Default are: Mike Casebier & Heather Casebier. Dated May 03, 2004. James H. Woodall 10653 River Front 290 Parkway, Suite Utah 84095 South Jordan, Hours: 9:00 (801)254-945a.m. - 5.00 p.m. Signatureby: H. Woodall. Trustee James 052704 051304, OF NOTICE SALE APN: No. 1064211-0- TRA: Howell 2005184110. TO NOTICE OWNER: YOU FAULT Case No. 043800012 IN OF NOTICE SALE APN: 052004, TRUSTEES REF: LOAN Trust John NO. IMPORTANT PROPERTY ARE IN DEUNDER A DEED OF December TRUST, DATED YOU 1998. UNLESS 22, ACTION TO TAKE PROTECT IT YOUR MAY PROPERTY, BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING YOU AGAINST YOU, SHOULD CONTACT A LAWYER. On June 08, 2004. at 10:30am, James H. Woodall, as duly appointed Trustee under a Deed of Trust recorded December 31, 1998, as Inst. No. 1474392. in Book 2423, Page 1474, of the Official Records in the office at the County Recorder of Davis County, State of Utah, executed by John Howell and Jane Howell, Husband And Wife, will sell at public auction to highest bidder, payable in lawful money of the United States at the time of sale. Successful bidders must tender a deposit of $5,000 in certified funds to the trustee at the time of sale, with the balance due by noon the following business day, at the office of the Trustee. At the main entrance of the Davis County District Court Bountiful Department, 805 South Mam Street, Bountiful, Utah all right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and State described as: Beginning at the Southeast corner of Lot 23, Valerie Subdivision, Plat B, a subdivision of part of Section 31. Township 2 North, Range 1 East, Salt Lake Meridian, and running thence North 0 deg. 2509'' West 117.76 feet to the South line of a street; thence Easterly 4.46 feet along the arc of a 20.0 foot radius curve to the right along said street; thence Easterly 65.11 feet along the arc of a 45.0 foot radius curve to the left along said street; thence South 88 deg. 57' 55" East 38.11 feet; thence South 0 deg 25'09" East 124.79 feet, more or less, to a point North 89 deg 37' East of the Point of Beginning; thence South 89 deg 37 West 100.0 feet, more or less, to the Point of Beginning. The street address and other common designation of the real property described above is purported to be: 247 West 2400 South Bountiful, Utah 84010. Estimated Total Debt as of June 08, 2004 is $147,588.83. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any shown herein. Said sale will be made without covenant or warranty, express or implied. regarding title, possession, condition or encumbrances, including fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust, to pay the remaining principal sums of the note(s) secured by said Deed of Trust. The current beneficiary of the Trust Deed as of the date of this notice is: Bank of America, N.A. The record owners of the property as of the recording of the Notice of Default are: John Howell & Jane Howell. Dated May 06, 2004. James H. Woodall 10653 River Front Parkway, Suite 290 South Jordan, Utah Hours: 84095 (801)254-945- 0 9:00 a.m. - 5:00 p.m. SignaH. Woodall, tureby: James Trustee 051304, 052004, 052704 TRUSTEE'S OF NOTICE 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 Main Entrance (public entry) Courts Building, Davis County Criminal Justice Complex, 800 West State Street, Farmington, Utah, on June 15, 2004 at 10:30 AM, for the purpose of foreclosing a Trust Deed dated August 18, 2003 executed by Greg F. Tayin favor of lor, as Trustor, "MERS", Mortgage Electronic Registration Systems. Inc., as Beneficiary covering real property located in Davis County and described as follows: ALL OF LOT 7 CREEK VIEW ESA SUBDIVISION OF TATES PART OF SECTION 2, TOWNRANGE 1 SHIP 3 NORTH WEST SALT LAKE MERIDIAN IN THE CITY OF FRUIT HEIGHTS ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE AND OF RECORD IN THE DAVIS COUNTY OFFICE. RECORDER'S THEREFROM EXCEPTING BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT RUNNING AND THENCE SOUTH 89 DEGREES 51 W WEST 100.0 FEET, THENCE NORTH 0 DEGREES 853 WEST 6.1 FEET TO A FENCE SOUTH 89 DETHENCE EAST 100.0 16'51" GREES FEET ALONG SAID FENCE, DE0 SOUTH THENCE GREES 853" EAST 4.6 FEET TO THE POINT OF BEGINNING. Tax Parcel No.: The street address of the property is purported to be 1136 East Hidden Valley Drive, Fruit Heights. UT 84037. The undersigned disclaims any liability for any error in the street address. The current Beneficiary of the trust deed is Mortgage Electronic Registration Systems, Inc., (MERS"), solely as nominee for the lender and the record owners of the property as of the recording of this notice of default is reported to be Greg F. Taylor. Bidders must be prepared to tender to the trustee $5,000.00 at the sale and the balance of the purchase price by 12:00 noon the day following the sale. Both payments must be in the form of a cashier's check; cash is A trustee's not acceptable. deed will be made available to the successful bidder within three business days following receipt of the bid amount. The sale is made without any warranty whatsoever, including but not limited to any warranty as to title, liens, possession, taxes encumbrances, or condition of the property. The sale is subject to a 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 apply, 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. NOTICE IS HEREBY GIVEN THAT THIS ATTEMPTING TO DEBT AND ANY OBTAINED INFORMATION WILL BE USED FOR THAT Dated May 17, PURPOSE. FIRM IS COLLECT 2004. A Stuart T. Matheson, Matheson, Successor Trustee Mortenson, Olsen Jeppson, P.G. 648 East First South Salt Lake City, Utah 84102 (801) 363-224- 4 Office Hours 8:30 am to 4:30 pm, Mon.-Fr- i. 006302m MMOJ File No.: ASAP594392 520, 527, 63 & TRUSTEE'S NOTICE OF 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 Main Entrance (public entry) Courts Building, Davis County Criminal Justice Complex, 800 West State Street, Farmington, Utah, the seller would install or arrange for the installation of the floor covering (a "furnish and install purchase" or a "furnish and install sale"). The Representative Taxpayers also filed d matter the before the Tax Court on December 22, 2000, in order to facilitate obtaining refunds on behalf of all members of the class (the Litigation"). Under Utah law, sales or use tax should not be collected on a DAVIS COUNTY, CITY, furnish and install sale, but UTAH, ACCORDING TO THE there has been confusion OFFICIAL PLAT THEREOF. about the proper handling of Together with all the improvesales tax on such sales. ments now or hereafter erectThe Tax Commission granted on the property, and all Representative Taxpayeasements, appurtenances, ed therefund requests, issuing and fixtures now or hereafter a ers' of the Representative part of the property. Tax Parcel each of sales or refund No.: The street Taxpayers a use taxes paid on their furnish address of the property is purinstall purchases of floor ported to be 41 South 1050 and coverings. The State of Utah West, Clearfield, UT 84015. howThe undersigned disclaims any and the Tax Commission, ever, vigorously argued to the liability for any error in the street address. The current Tax Court that class actions are not available in tax refund Beneficiary of the trust deed is matters and that the refund reMortgage Electronic Registration Systems, Inc., ("MERS"), quests on behalf of a class were otherwise inappropriate solely as nominee for the lender and the record owners of as a matter of law. The State of Utah and the Tax Commisthe property as of the recordsion filed two separate motions of are of default this notice ing to dismiss, both of which were reported to be Cooper J. Jadenied by the Tax Court. They cobsen and Emily D. Jacobsought interlocutory appellate sen. Bidders must be prepared review of their first motion to trustee to the to tender dismiss by the Utah Supreme $5,000.00 at the sale and the balance of the purchase price Court, which was denied. They also asked the Tax Court by 12:00 noon the day followto reconsider its denial of their ing the sale. Both payments first motion to dismiss, which must be in the form of a cashthe Court refused to do. The ier's check; cash is not acceptable. A trustee's deed will be Representative Taxpayers filed a motion to certify the Litigation made available to the successful bidder within three business as a class action. This motion was also vigorously opposed days following receipt of the After by the Tax Commission. bid amount. The sale is made considering the arguments of without any warranty whatsothe parties, the Tax Court, by ever, including but not limited an order dated June 25, 2003, to any warranty as to title, certified the Litigation as a liens, possession, taxes enor condition of class action under the provcumbrances, isions of Rule 23 of the Utah the property. The sale is subRules of Civil Procedure, apject to a workout reinstatethe Representative pointed ment, payoff, sale cancellation Taxpayers as representatives or postponement, incorrect bidof the class, and designated ding instructions, bankruptcy, or any other circumstance of Mark K. Buchi, Greggory J. Savage, Steven P. Young and which the trustee is unaware. their law firm, Holme Roberts & In the event any of the foregoOwen LLP, as counsel for the ing apply, the sale will be void class ("Class Counsel"). After and the successful bidder's funds will be returned without the class was certified, the of Utah and the Tax any liability to the trustee or State Commission again sought apbeneficiary for interest or any other damages. NOTICE IS pellate review from the Utah HEREBY GIVEN THAT THIS Supreme Court, which was denied. IS ATTEMPTING TO FIRM Class Counsel and repreCOLLECT A DEBT AND ANY sentatives of the State of Utah OBTAINED INFORMATION and the Tax Commission have WILL BE USED FOR THAT participated in substantial nePURPOSE. Dated May 11, gotiations over a period of sev2004. Stuart T. Matheson, eral months which have resultSuccessor Trustee Matheson, Mortenson, Olsen & Jeppson, ed in the settlement described PC. 648 East First South Salt below. Lake City, Utah 84102 (801) II. THE PROPOSED 363-224- 4 Office Hours 8:30 SETTLEMENT. As a direct result of the am to 4:30 pm, Mon.-Fr- i. of refund the prosecution MMOJ File No.: 006280m claims and the Litigation and ASAP593642 513, 520. 527 the negotiations between the parties, a settlement agreement was reached. The terms IN THE FOURTH JUDICIAL of the agreement are set forth DISTRICT COURT dated in a written document UTAH COUNTY, In summary, March 2, 2004. STATE OF UTAH the settlement is as follows. DOROTHY J. MONSON, an The State of Utah agrees to rePOINTE fund the difference between CEDAR individual, EQUITIES, INC., a Utah corpothe sales or use tax that was ration, BACK CREEK, L.C. improperly collected on furnish GLEN AUTUMN DBA and install sales of floor coverAPARTMENTS, a Utah limited ing and the tax due on the cost PENTALON of the materials used. Howevliability company, cora Utah CORPORATION, er, in no event shall the States BROADWAY NEW poration, obligation to pay refunds exCENTRE L.P., a Delaware limceed $9,000,000. If the total for themited partnership, amount of refunds due to the selves and all others similarly class, plus interest, is more situated, than $9,000,000, each refund Plaintiffs, shall be prorated. In the event v. that the total claims of the UTAH STATE TAX COMMISclass, including interest, are SION and STATE OF UTAH, the less than $9,000,000, Defendants. State's payment obligation OF SETTLEMENT NOTICE shall not exceed the total of all OF CLASS ACTION claims submitted, plus interest. Civil No. 010402468 Class Counsel must identify and submit the claims of all Judge Lynn W. Davis ALL PERSONS, IN TO: and class class members CLUDING ENTITIES, WHO claims to the Tax Commission PURCHASED FLOOR COVThe December 2004. 1, by ERINGS AND PAID UTAH State will then review and the TAX OR SALES USE Court will approve the claims, THEREON ON OR AFTER and the State will issue a reDECEMBER 1997, fund check to Class Counsel 22, WHERE THE PURCHASE on or after July 5, 2005 for the THE HAVING INCLUDED total amount of the refund. ASELLER INSTALL OR ARfter Class Counsel has paid the RANGE FOR THE INSTALd attorneys' fees LATION OF THE FLOOR and costs out of the refund COVERING. Class Counsel shall amount, PLEASE READ THIS NOissue refund checks to each of TICE VERY CAREFULLY the class members. Upon reIN AND ITS ENTIRETY. ceipt and negotiation of the toYOUR LEGAL RIGHTS tal refund amount due to BY MAY BE AFFECTED himherit, each member of the THIS IN PROCEEDINGS class will be deemed to reLITIGATION. lease the State of Utah and its This Notice is being providagencies and employees from of the any claim related to the colleced pursuant to an order Court Fourth Judicial District tion of Utah sales or use tax for the State of Utah sitting as overpaid on a furnish and ina Tax Court (the "Tax Court"). stall purchase. Class Counsel The purpose of this Notice is to believes the terms of the setinform you of the proposed settlement are fair, reasonable tlement of this class action litand adequate and in the best interest of the class. igation and of the hearing to be held by the Court to consider Class Counsel will attempt the fairness, reasonableness, to identify all claims by reviewand adequacy of the settleing vendor records, however, if ment. This Notice describes you would like to ensure that the rights you may have in you are considered for a reconnection with the settlement fund, you may submit to Class and what steps you may take Counsel your invoice or other in relation to the settlement documentation a evidencing and this class action litigation. furnish and install purchase on I. THE LITIGATION. or tax was which sales use On December 22, 2000, five paid between December 22, 1997 and the current date. taxpayers (the Representative Taxpayers") filed with the Utah This information should be as State Tax Commission (the soon as possible, but no later "Tax Commission") a request than September 1, 2004, to for refund of the Utah sales or Class Counsel at Holme Robuse tax each had overpaid on erts & Owen LLP, Attention: floor coverings which they had Dee Heugly, 299 South Main purchased on the basis that Street, 1800, Salt Lake City, on June 8, 2004 at 10:30 AM, for the purpose of foreclosing a Trust Deed dated November 27, 2002 executed by Cooper J. Jacobsen and Emily D. Jacobsen, as Trustors, in favor of Mortgage Electronic Registration Systems, Inc,, as Beneficiary, covering real property located in Davis County and described as follows: ALL OF ESLOT 220, WESTWOOD TATES NO. 5, CLEARFIELD Utah, 84111. As a class member, you should retain all of your records pertaining to the payment of sales or use taxes on furnish and install purchases of floor coverings since December 22, 1997 in case the records are not available from the vendors. FEES AND III. ATTORNEYS COSTS. Class Counsel are entitled to be compensated for their efforts on behalf of those entitled to refunds and for their risk in undertaking the representation of the class on a contingency basis. Class Counsel will request a fee equal to one-thir- d (13) of the gross amount of refunds obtained for all taxpayers. Class Counsel has advanced costs for the benefit of the class and will be required to advance additional costs in furtherance of the settlement, e.g. costs of obtaining invoices and costs of publishing this notice. Accountants retained by Class Counsel to assist in the process of gathering invoices also undertook their work on a partially contingent basis and will not have been paid in full for their services. Class Counsel will seek reimbursement of these cost amounts incurred on behalf of the class from the total refunds obtained for the name and address, that you wish to be excluded from the d class in the matter, be signed by you and from identify the vendor(s) which you made your furnish IF and install purchase(s). YOU CHOOSE TO REMAIN A MEMBER OF THE CLASS, YOU WILL BE BOUND BY THE TERMS OF THE SETTLEMENT AND BY ANY ORENDER OR JUDGMENT TERED BY THE COURT. This Notice is a summary and does not describe all of the details of the Settlement or Class Counsels request for an award of attorney's fees and costs. For full details of the matters discussed in this Notice, you may desire to review the motion for approval of the settlement and the motion for an award of attorneys' fees and costs filed with the Court, which may be inspected during business hours, at the office of the Clerk of the Court, 125 N. 84601. 100 W., Provo, Utah For further information regarding this settlement you may Dee Heugly, Holme contact: Roberts & Owen LLP, 299 South Main Street, 1800, Salt Lake City, Utah 84111, telefac(801) 323-327phone: 9 or e- simile: (801) mail: settlementhro.com, UNDER NO CIRCUMSTANIV- .HEARING ON PROPOSED ATYOU SHOULD CES SETTLEMENT. TEMPT TO TELEPHONE THE On August 12, 2004, at 9:00 COURT, THE CLASS ACTION a.m., the Court will hold a JUDGE OR HIS CLERKS. hearing in the Fourth Judicial THE COURT IS N. District Courthouse at 125 TO HANDLE THE QUAN100 W., Courtroom 301, ProTITY OF POTENTIAL INQUIvo, Utah, in the courtroom of RIES AND, IN ADDITION, W. The Davis. Judge Lynn THE COURT CANNOT GIVE will be of the hearing purpose LEGAL ADVICE. to determine: (a) whether the DATED this 3rd day of May, settlement should be approved 2004. as fair, just, reasonable and adequate; and (b) the amount LYNN W. DAVIS 1st of attorney's fees and costs to The Honorable Lynn W. Davis be awarded to Class Counsel 513-6- 3 and those retained to assist The Court Class Counsel. may adjourn or continue the NOTICE OF TRUSTEE S SALE hearing by oral announcement The following described real at such hearing or at any adproperty will be sold at public journment without further noauction to the highest bidder, tice of any kind. Any class payable in lawful money of the member may, but is not reUnited States at the time of quired to, enter an appearance sale, at the North main enin the Litigation and be repretrance of the Courts Building, sented by counsel of his, her Davis Justice 800 Center, or its choice and expense. West State Street, Farmington, Any class member who does Utah, on June 8, 2004, at not enter an appearance will 12:00 p.m. of said day for the be represented by Class Counof foreclosing a Trust purpose who member sel. Any class Deed dated February 20, 1999 of to the any aspect objects by CRAIG ZIEBACH settlement may appear and be executed and GINGER G. SCHNEIDE-WENheard at the hearing. Any as Trustor(s), wherein such person must submit a JAX H. PETTEY, Attorney at written notice of objection, mailed or hand delivered such Law, is the Successor Trustee, MORTGAGE that it is received on or before AMERIQUEST is the Beneficiary, COMPANY, July 15, 2004, at 5:00 p.m. and which covers the following (MDT), by each of the followdescribed real property situating: (1) Clerk of the Fourth Judicial District Court, 125 N. 100 ed in Davis County, State of W Provo, Utah 84601; (2) Utah, Lot 156, MARILYN ACRES Dee Heugly, Holme Roberts & SUBDIVISION NO. 4, acOwen LLP, 299 South Main cording to the Official Plat Street, 1800, Salt Lake City, thereof, recorded in the ofUtah, 84111; and (3) Clark L. fice of the County Recorder Snelson, Assistant Attorney of Davis County. General, 160 East 300 South, Serial No. Fifth Floor, P.O. Box 140874, The property address is purSalt Lake City, Utah 84114-087Your notice should reported to be 1321 Marilyn The d Drive, Syracuse, Utah. ference the matter. undersigned disclaims any liaV. OPTION TO OPT-OUbility for errors in the address. If Said Trust Deed was recordyou wish to opt out" or be excluded from the class, you ed March 3, 1999 as Entry No. 1492432 in Book 2457 at Page must give notice of your deciNo1576 of Official Records. sion to opt out of the class. Such notice must be in writing, tice of Default was dated Febpostmarked on or before July ruary 3, 2004 and recorded Persons who re15, 2004. February 5, 2004 as Entry No. quest to opt out of the class 1960131, in Book 3470, at will not be entitled to share in Page 313 of Official Records. The current beneficiary of the benefits of the settlement or any other orders and judgthe Trust Deed is AMERIment that have been entered QUEST MORTGAGE COMPAby the Court in the Litigation, NY and the record owner(s) of will not have their interests repthe property as of the recordresented by Class Counsel ing of the Notice of Default are and will be responsible to purCRAIG ZIEBACH and GINsue any claim for a refund on GER G. SCHNEIDEWEND. their own and at their own The Sale will be made withcosts and expense. In making out covenant or warranty rea decision to opt out of the garding title, possession or enclass, it should be considered cumbrances. that participation in the class Successful bidder must be action will allow for refunds on prepared to tender a cashiers purchases extending back to check for $5,000.00 to the December 22, 1997, that a re- trustee at the sale and a cashfund amount will be calculated iers check for the balance of in the same manner whether or the purchase price within 24 not you remain a member of hours after the sale. the class and that, based on DATED this 7th day of May, the common fund doctrine, 2004. colwill Class Counsel seek to lect a fair attorney fee in conJAX H. PETTEY, nection with your refund in the Successor Trustee event you opt out. But for the Attorney at Law class action, refund requests 9488 Union Square, are barred after three years Sandy, UT 84070 from the date the sales or use Telephone: (801)984-005- 5 tax was overpaid (i.e. the date www.PetteyLegal.com of purchase). Notices that you P&A File No.: L24017 wish to opt out of the class File Name: Ziebach should be sent to Class CounTHIS IS ATTEMPT TO COLsel at Holme Roberts & Owen LECT A DEBT, AND ANY INDee Heugly, FORMATION LLP, Attention: OBTAINED 299 South Main Street, 1800, WILL BE USED FOR THAT Salt Lake City, Utah, 84111. PURPOSE. 51 7 The notice should state your Staid Thu., Fri., May 27, 28 Heritage Snow College, Ephraim, Utah Conference Scandinavian Festival SEMINARS HISTORIANS Web siteLwww.ScandinavianHeritageFestivaLcom' |
