OCR Text |
Show result of or in lieu of any taking of the Mortgaged Property or any part thereof, interest therein or any rights appurtenant thereto under the power of eminent domain, or by private or other purchase in lieu thereof, or for any damage (whether caused by such taking or otherwise) to the Mortgaged streets, curb or other rights of access for any public or quasi-public use of purpose under any law; All rents, incomes, profits, revenues, royalties, bonuses, rights, accounts, contract rights, insurance policies and proceeds thereof, general intangibles and benefits of the Mortgaged Mor-tgaged Property, or arising from the use or enjoyment of all or any portion thereof or from any lease or agreement agree-ment pertaining thereto (the "Rents and Profits"), and all right, title and interest of Trustor in and to all leases of the Mortgaged Property now or hereafter entered into and all right, title ti-tle and interest of Trustor thereunder, including, without limitation, cash or securities deposited thereunder to secure performance by the lessees of their obligations thereunder, whether said cash or securities are to be held until the expiration of the terms of said leases are applied to one or more of the installments of rent coming due immediately prior to the expiration of said terms with the right to receive and apply the same indebtedness, and Trustee or Beneficiary may demand, sue for and recover such payments but shall not be required to do so; and All proceeds of the conversion voluntary vol-untary or involuntary, of any of the foregoing into cash or liquidated claims. DATED this 17th day of May, 1991. LESTER A. PERRY Successor Trustee Published in the Davis County Clipper First publication May 21, 1991 Last publication June 4, 1991 Issue No. 29 C-216 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 the sale, at the front steps of the Davis County Courthouse, Davis County, Utah, on Monday, June 17, 1991 at 4:00 p.m. of said day, for the purpose of foreclosing a Trust Deed executed by Woods Cross Airpark, a Utah limited partnership as Trustors, in favor of American West Mortgage Corporation, as Beneficiary, covering real property located in Davis County, State of Utah, more particularly described as: All of Lots 4, 5, 6, the East 135.0 feet of Lot 7, all of Lots 41,42, 44,51,52, 73, 74 and 76, SKYPARK INDUSTRIAL PARK, a subdivision of Dart of Section 35, Township 2 North, Range 1 West, Salt. Lake Meridian, Meri-dian, in the City of Woods Cross, according to the official plat thereof. TOGETHER WITH AND SUBJECT TO the rights, privileges' privi-leges' and conditions as contained con-tained in that certain Declaration Declara-tion of Covenants, Conditions and Restrictions dated August 3, 1979, recorded October 15, 1979, as Entry No. 547439 in Book 796, Page 412 of Official Records. And affecting the other real property, proper-ty, personal property and fixtures also foreclosed under applicable law and identified as: All structures, buildings and improvements im-provements of every kind and description now or at any time hereafter located on the Property (hereinafter referred to as the "Improvements"), including all equipment, apparatus, machinery, fixtures, fix-tures, fittings, and appliances and other articles and any additions to, substitutions for, changes in or replacements of the whole or any part thereof, now or at any time hereafter affixed or attached to said structures, buildings, improvements or the Property Prop-erty or any portion thereof and the Improvements shall be deemed to be fixtures and an accession to the freehold and a part of the Property as between the parties hereto and all persons per-sons claiming by, through or under such parties: All articles of tangible personal property and any additions to, substitutions for, changes in or replacements of the whole or any part thereof (hereinafter referred to as the "Personal Property"), furniture and installations, shelving, partitions, door-tops, vaults, elevators, dumbwaiters, dumb-waiters, awnings, window shades, Venetian blinds, light fixtures, fire hoses and brackets and boxes for the same, fire sprinklers, alarm systems, drapery rods and brackets, screens, water heaters, incinerators, wall coverings, carpeting, linoleum, tile, other floor coverings of whatever description, furniture and furnishings, communication systems, all specifically designed installations and furnishings, office maintenance and other supplies and all of said articles of property, the specific enumerations herein not excluding the general, now or at any time hereafter placed upon or used in any way in connection with the use, enjoyment, occupancy or operation of the Property or the Improvements Im-provements or any portion thereof and owned by Trustor or in which Trustor now has or hereafter acquires an interest, and all building materials and equipment now or hereafter delivered to the property and intended to be installed or placed in or about the Improvements. Notwithstanding the breadth of the foregoing, the Personal Per-sonal Property shall not include (i) personal property which may be owned own-ed by lessees or other occupants and their customers or which may be leased leas-ed by such a lessee or other occupants of the Mortgaged Property rather than by Trustor, or (ii) material, equipment, equip-ment, tools, machinery, or other personal per-sonal property which is brought upon the Mortgaged Property only for use in construction, maintenance, or repair and which is not intended to remain after the completion of such construction, maintenance, or repair and which is not necessary for occupancy, oc-cupancy, proper maintenance, or use of the Mortgaged Property; All right, title and interest of Trustor, now owned or hereafter ac-auired ac-auired in and to any land lying within the nght-of-way of any street, road, alley and public place, opened or proposed, pro-posed, vacated or extinguished by law easements and rights of way, public or private tenements, hereditaments, appendages, appen-dages, rights of way, appurtenances now or hereafter located upon the Property or now or hereafter used in connection with or now or hereafter belonging or appertaining to the Property; and all right, title and interest inter-est in the Trustor, now owned or hereafter acquired, in and to any strips and gores adjoining or relating to the Property; 6 All judgments, awards or damages settlements and any and all proceeds derived from such hereafter made as a |