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Show PO Box 1001 Elkhorn WI 53121 Wed/Thurs/Fri, IN SUMMIT COUNTY, June 2017 UTAH14-16, AS ENTRY NO. 119740, AND IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND BYLAWS OF THE PARK AVENUE CONDOMINIUMS, A UTAH CONDOMINIUM PROJECT, RECORDED IN SUMMIT COUNTY UTAH ON JUNE 1, 1973 AS ENTRY NO. 119741, IN BOOK M-47, AT PAGE 543. TOGETHER WITH THE UNDIVIDED OWNERSHIP INTEREST IN SAID CONDOMINIUM PROJECTʼS COMMON AREAS AND FACILITIES WHICH IS APPURTENANT TO SAID UNIT. LEGALS and to O'Dess and Associates, S.C., Plaintiff's attorneys, whose address is: O'Dess and Associates, S.C. 1414 Underwood Avenue, Suite 403 Wauwatosa, Wisconsin 53213 You may have an attorney help or represent you. If you do not provide a proper answer within 40 days, the court may grant judgment against you for the award of money or other legal action requested in the complaint, and you may lose your right to object to anything that is or may be incorrect in the complaint. A judgment may be enforced as provided by law. A judgment awarding money may become a lien against any real estate you own now or in the future, and may also be enforced by garnishment or seizure of property. O'DESS AND ASSOCIATES, S.C. Attorneys for Plaintiff By: M. ABIGAIL O'DESS Bar Code No. 1017869 POST OFFICE ADDRESS: 1414 Underwood Avenue, Suite 403 Wauwatosa, WI 53213 (414) 727-1591 OʼDess and Associates, S.C., is attempting to collect a debt and any information obtained will be used for that purpose. If you have previously received a Chapter 7 Discharge in Bankruptcy, this correspondence should not be construed as an attempt to collect a debt. PUBLISHED IN THE PARK RECORD ON WEDNESDAY JUNE 7, WEDNESDAY JUNE 14 AND WEDNESDAY JUNE 21, 2017. NOTICE OF TRUSTEEʼS SALE The following-described real 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 Main Entrance, Summit County Courthouse, 6300 Justice Center Road, Park City, Utah, on Tuesday, June 27, 2017, at 4:30 p. m. of said day, for the purpose of foreclosing a Homeownersʼ Association Lien recorded October 11, 2016 as Entry No. 01055549 in Book 2377 at Page 0540 in the Office of the Summit Count Recorder, and the Appointment of Trustee recorded February 9, 2017 as Entry No. 01063561 in Book 2396 at Page 1531 and covering the following real property located in Summit County, Utah commonly known as 1770 Captain Molly Drive, Park City, Utah 84060 and more particularly described as: UNIT NO. 74, CONTAINED WITHIN THE PARK AVENUE CONDOMINIUMS, A UTAH CONDOMINIUM PROJECT, AS THE SAME IS IDENTIFIED IN THE RECORD OF SURVEY MAP RECORDED IN SUMMIT COUNTY, UTAH AS ENTRY NO. 119740, AND IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND BYLAWS OF THE PARK AVENUE CONDOMINIUMS, A UTAH CONDOMINIUM PROJECT, RECORDED IN SUMMIT COUNTY UTAH ON JUNE 1, 1973 AS ENTRY NO. 119741, IN BOOK M-47, AT PAGE 543. TOGETHER WITH THE UNDIVIDED OWNERSHIP INTEREST IN SAID CONDOMINIUM PROJECTʼS COMMON AREAS AND FACILITIES WHICH IS APPURTENANT TO SAID UNIT. (TAX IDENTIFICATION NO. PAC-74-AM) The undersigned disclaims any liability for any error in the street address or tax identification numbers. The Notice of Default for the Homeownersʼ Association Lien was recorded on February 9, 2017 as Entry No. 01063562, in the Office of the Summit County Recorder. The current lien holder is PARK AVENUE CONDOMINIUM ASSOCIATION, a Utah non-profit corporation, and the record owner of the property as of the recording of the notice of default is reported to be Noel Covey. Bidders must be prepared to tender to the (TAX IDENTIFICATION NO. PAC-74-AM) The undersigned disclaims any liability for any error in the street address or tax identification numbers. The Notice of Default for the Homeownersʼ Association Lien was recorded on February 9, 2017 as Entry No. 01063562, in the Office of the Summit County Recorder. The current lien holder is PARK AVENUE CONDOMINIUM ASSOCIATION, a Utah non-profit corporation, and the record owner of the property as of the recording of the notice of default is reported to be Noel Covey. Bidders must be prepared to tender to the trustee, MATTHEW B. HUTCHINSON, $5,000 at the sale and the balance of the purchase price by 12:00 noon the day following the sale and deliverable to: Dart, Adamson & Donovan, 1225 Deer Valley Drive, Suite 201, Park City, Utah 84060. Both payments must be in the form of a cashier's check or money order and made payable to PARK AVENUE CONDOMINIUM ASSOCIATION. Cash and Bank “Official Checks” are not acceptable. A trustee's 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 applies, 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 PARK AVENUE CONDOMINIUM ASSOCIATION, IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE, AND THAT THE DEBT MAY BE DISPUTED. Dated this 10th day of May, 2017. /s/ Matthew B. Hutchinson MATTHEW B. HUTCHINSON, Trustee Office Hours: 9:00 a.m. 5:00 p.m. Telephone: 435-6152264 PUBLISHED IN THE PARK RECORD ON WEDNESDAY MAY 31, WEDNESDAY JUNE 7 AND WEDNESDAY JUNE 14, 2017. Dated this 10th day of May, 2017. /s/ Matthew B. Hutchinson MATTHEW B. HUTCHINSON, Trustee Office Hours: 9:00 a.m. 5:00 p.m. Telephone: 435-6152264 PUBLISHED IN THE PARK RECORD ON WEDNESDAY MAY 31, WEDNESDAY JUNE 7 AND WEDNESDAY JUNE 14, 2017. PARK CITY MUNICIPAL CORPORATION PLANNING COMMISSION CITY HALL, COUNCIL CHAMBERS June 28, 2017 LEGAL NOTICE REGULAR SESSION – 5:30 PM - Items listed below may include discussion, public hearing, and action. 1450-1460 Park Avenue – A plat amendment requesting to combine Lots 1 and 2 of the Retreat at the Park Subdivision at 1450-1460 Park Avenue into one lot of record. Public hearing and possible recommendation to City Council on August 3, 2017 1450-1460 Park AvenueRequest for Approval of a Condominium Plat for the combined Lots of the Retreat at the Park Subdivision for eight (8) residential units. Public hearing and possible recommendation to City Council on August 3, 2017 1450-1460 Park Avenue - Conditional Use Permit (CUP) application for the construction of a Parking Area of five (5) or more than spaces at 14501460 Park Avenue. Applicant is proposing to construct nine (9) parking spaces along Sullivan Road. Public hearing and possible action Land Management Code (LMC) amendments - Administrative and substantive amendments to the Park City Land Management Code, including, but not limited to amendments to address Utah State Code modifications specifically amending Land Management Code Title 15 Chapter 1, Section 18 Appeals and Reconsideration Process; Title 15 Chapter 11 Section 10 Park City Historic Sites Inventory (Council adoption of properties designated on the Historic Sites Inventory); Title 15 Chapter 11, Section 11 Design Guidelines for Park Cityʼs Historic Districts and Historic Sites; Title 15, Chapter 2.25 Historic Sites Overlay Zone (new overlay zone for sites on the Historic Sites Inventory; and Title 15- Chapter 13 Design Guidelines (adopting new chapter to codify the existing Design Guidelines into the Land Management Code). Pending ordinance is available in the Planning Department. Public hearing and possible recommendation to City Council on August 3, 2017 280 Daly Avenue – Appeal of planning staffʼs determination for new construction regarding 1. a subdivision plat note regarding Maximum House Size and 2. Subdivision Conditions of Approval regarding the construction of a sidewalk. Quasi- Judicial review, Public hearing and possible action Notice Published: June 14, 2017 Notice Posted: June 12, 2017 PUBLISHED IN THE PARK RECORD ON WEDNESDAY JUNE 14, 2017. House Size and 2. Subdi} vision Conditions of Ap-Park The Record proval regarding the con- vs. } } struction of a sidewalk. SUMMIT COUNTY, a Quasi- Judicial review, body corporate } Public hearing and posand politic of the State of sible action Utah; and } MOUNTAINLANDS COMMUNITY } Notice Published: June HOUSING TRUST, a 14, 2017 Utah Non-Profit } Notice Posted: June 12, Corporation, } 2017 } Counterclaim DefendPUBLISHED IN THE ants. } PARK RECORD ON WEDNESDAY JUNE 14, 2017. To be sold at Sheriffʼs Sale, at the County NOTICE OF REAL ESCourthouse, 6300 Justice TATE SALE Center Road, Park City, SUMMIT COUNTY Utah, in the Third District SHERIFFʼS OFFICE Court Building, in the County of Summit, State IN THE THIRD JUDIof Utah, on the 11th day CIAL DISTRICT COURT of July, 2017, at the hour IN AND FOR SUMMIT of 11:00 A.M. of said day, COUNTY, STATE OF all right, title, claim and UTAH interest of Jack Leroy Healy, whose interest is SUMMIT COUNTY, a being sold, subject and body corporate } pursuant to all applicable and politic of the State of provisions of Utah law Utah; and } and the below language MOUNTAINLANDS related to “Additional COMMUNITY } EXECUSales Requirements,” TION “Bids” and “Right of ReHOUSING TRUST, a demption,” (as set forth Utah Non-Profit } and required pursuant to Corporation } } SALE ON that “Order, Judgement, WRIT OF EXECUTION and Decree of Foreclosure, Order of Sale, and Plaintiffs, } Rule 54(b) Certification” vs. entered on March 15, } 2017) in and to that real JEFFREY H. GORDON property situated in Sumand DONNA } mit County, State of RIVEN GORDON, husUtah, which is located at band and wife; and } 1684 West Fox Hollow CHRISTINE C. HEALY Lane, Unit 8, Park City, and JACK } Utah and more particuLEROY HEALY; and larly described as folFIRST AMERICAN } lows: TITLE COMPANY, a Utah corporation, } } THE PROPERTY Defendants. } Case No. 090501001 UNIT NO. H-8, CONvs. } Judge Kara Pettit TAINED WITHIN THE ____________________ FOX POINT AT RED_______________ } STONE VILLAGE } PHASE 11, A CONJEFFREY H. GORDON DOMINIUM PROJECT and DONNA } AS THE SAME IS IDENRIVEN GORDON, husTIFIED IN THE REband and wife, } CORD OF SURVEY } MAP RECORDED ON Cross-Claim Plaintiffs NOVEMBER 19, 2014 IN and } SUMMIT COUNTY, AS Third-Party Plaintiffs, } ENTRY NO. 717479, (AS } SAID RECORD OF SURvs. } VEY MAP MAY HAVE } HERETOFORE BEEN FIRST AMERICAN AMENDED OR SUPPLETITLE INSURANCE } MENTED) AND IN THE COMPANY dba THE DECLARATION RECORTALON GROUP; } DED IN SUMMIT FIRST AMERICAN COUNTY, AS ENTRY TITLE INSURANCE } NO. 717480 IN BOOK AGENCY, LLC; FEDER- 1661 AT PAGE 849 (AS AL NATIONAL } SAID DECLARATION MORTGAGE ASSOCIMAY HAVE HERETOATION; } FORE BEEN AMENDED MORTGAGE ELECOR SUPPLEMENTED.) TRONIC } REGISTRATION SYSTOGETHER WITH THE TEMS, INC., as } APPURTENANT UNDInominee for FEDERAL VIDED INTEREST IN NATIONAL } SAID PROJECTʼS COMMORTGAGE ASSOCIMON AREAS AS ESATION ; IBM } TABLISHED IN SAID LENDER BUSINESS DECLARATION AND ALPROCESS } LOWING FOR PERIODSERVICES, INC., a IC ALTERATION BOTH Delaware Corporation } IN THE MAGNITUDE OF and JOHN DOES 1-X; SAID UNDIVIDED INThird-Party } TEREST AND IN THE Defendants CHRISTINE COMPOSITION OF THE C. HEALY and } COMMON AREAS AND JACK LEROY HEALY, FACILITIES TO WHICH husband and wife } SAID INTEREST } RELATES. Cross-Claim Defendants } Less and excepting only and Third-Party Defendthe interests of Plaintiffs ants. } (Summit County and ____________________ Mountainlands Com_______________ } munity Housing Trust) } arising in, under, and FIRST AMERICAN pursuant to the Master TITLE INSURANCE } Deed Restrictions and AGENCY, LLC, dba of Agreement For Fox Point First American } Affordable Housing and Title Company, LLC, a Its Successors In Inforeign LLC } terest which was recorregistered to do busided on December 2, ness in Utah, } 2004 as Entry 00718718, } in Book 01664, at Page Counterclaim Plaintiffs, } 00493-00502, in the of} fice and records of the vs. } Summit County Record} erʼs Office, which shall be SUMMIT COUNTY, a the sole and exclusive inbody corporate } terests which survive and and politic of the State of shall not be extinguished Utah; and } by the foreclosure. MOUNTAINLANDS COMMUNITY } (Tax Identification No.: HOUSING TRUST, a FPRSV-11-H8) Utah Non-Profit } Corporation, } ADDITIONAL SALE RE} QUIREMENTS Counterclaim Defendants. } The Property is part of an affordable housing pool, and is subject to that cerTo be sold at Sheriffʼs tain Master Deed RestricSale, at the County tions and Agreement For Courthouse, 6300 Justice Fox Point Affordable Center Road, Park City, Housing and Its SucUtah, in the Third District cessors In Interest which Court Building, in the was recorded on DecemCounty of Summit, State ber 2, 2004 as Entry of Utah, on the 11th day 00718718, in Book of July, 2017, at the hour 01664 of 11:00 A.M. of said day, at Page 00493-00502, in all right, title, claim and the records of the Suminterest of Jack Leroy mit County Recorderʼs ofHealy, whose interest is fice (the “MDRs”). The being sold, subject and only persons to whom pursuant to all applicable the Property may be sold provisions of Utah law are those who have been and the below language pre-qualified as purrelated to “Additional chasers by Plaintiff Sales Requirements,” Mountainlands Com“Bids” and “Right of Remunity Housing Trust demption,” (as set forth (“MCHT”) as earning no and required pursuant to more than 120% of the that “Order, Judgement, year of saleʼs Summit and Decree of ForeclosCounty Area Medium Inure, Order of Sale, and come or “AMI” for a famRule 54(b) Certification” ily of four (regardless of entered on March 15, the actual family size of 2017) in and to that real the purchaser) as outproperty situated in Sum- lined in the MDRs. Intermit County, State of ested persons must conUtah, which is located at tact MCHT at telephone 1684 West Fox Hollow number 435-647-9719 in Lane, Unit 8, Park City, order to begin the preUtah and more particuqualification process. larly described as folMCHT shall require the 00493-00502, in the office and records of the Summit County Recorderʼs Office, which shall be the sole and exclusive interests which survive and shall not be extinguished by the foreclosure. (Tax Identification No.: FPRSV-11-H8) ADDITIONAL SALE REQUIREMENTS The Property is part of an affordable housing pool, and is subject to that certain Master Deed Restrictions and Agreement For Fox Point Affordable Housing and Its Successors In Interest which was recorded on December 2, 2004 as Entry 00718718, in Book 01664 at Page 00493-00502, in the records of the Summit County Recorderʼs office (the “MDRs”). The only persons to whom the Property may be sold are those who have been pre-qualified as purchasers by Plaintiff Mountainlands Community Housing Trust (“MCHT”) as earning no more than 120% of the year of saleʼs Summit County Area Medium Income or “AMI” for a family of four (regardless of the actual family size of the purchaser) as outlined in the MDRs. Interested persons must contact MCHT at telephone number 435-647-9719 in order to begin the prequalification process. MCHT shall require the interested personsʼ name, marital status, number of dependents, an estimate of household income for the preceding calendar year, and a copy of the federal income tax return(s) for the preceding calendar year in order to determine qualification. This information must be submitted to MCHT at least seven (7) calendar days prior to the scheduled sale date of the Property to allow MCHT sufficient time to determine qualification. A representative of MCHT shall attend the foreclosure sale and shall provide to the Sheriff at the sale a written list of persons who have been pre-qualified by MCHT to bid at such sale pursuant to the MDRs. Only persons identified on that written list from MCHT, or Fannie Mae (including without limitation by or through its attorney, or Seterus or MERS) by way of a credit bid, may bid at the foreclosure sale; the Sheriff may accept bids at the foreclosure sale only from persons whose name appear on that written list from MCHT, or a credit bid from Fannie Mae (including without limitation by or through its attorney, or Seterus or MERS); anyone other than Fannie Mae (including without limitation by or through its attorney, or Seterus or MERS) whose name is not on that written list from MCHT shall have no authority or ability to bid at the foreclosure sale, and any bid from any such person shall be void and invalid ab initio and shall have no force or effect whatsoever. In the event there are no pre-qualified bidders at the sale and a credit bid for Fannie Mae (including without limitation by or through its attorney, or Seterus or MERS) is the highest and successful bid, before Fannie Mae can convey the Property obtained at sale, as per the MDRs, it must receive approval from MCHT and sell only to a qualified purchaser per the MDRs as determined by MCHT at the restricted price of $232,750.00 if sold prior to March 14, 2017, or if sold on or after March 14, 2017 then at the restricted price in effect in and pursuant to the MDRs at the actual time of sale. BIDS Pursuant to the MDRs, and by order of court, the maximum bid price which may be accepted at the foreclosure sale, if held on or by March 14, 2017, is $232,750.00 (the “Maximum Bid Price”). After March 14, 2017, the Maximum Bid Price allowable pursuant to and in accordance with the MDRs, and court order, shall increase as stated in the MDRs. The Sheriff may not accept any bids for any amount in excess of the Maximum Bid Price. Any bid for any amount in excess of the Maximum Bid Price shall be void and invalid ab initio and shall have no force or effect whatsoever. In the event of multiple bids for the Maximum Bid Price, the successful bidder and purchaser of the property tion by or through its attorney, or Seterus or MERS) is the highest and successful bid, before Fannie Mae can convey the Property obtained at sale, as per the MDRs, it must receive approval from MCHT and sell only to a qualified purchaser per the MDRs as determined by MCHT at the restricted price of $232,750.00 if sold prior to March 14, 2017, or if sold on or after March 14, 2017 then at the restricted price in effect in and pursuant to the MDRs at the actual time of sale. BIDS Pursuant to the MDRs, and by order of court, the maximum bid price which may be accepted at the foreclosure sale, if held on or by March 14, 2017, is $232,750.00 (the “Maximum Bid Price”). After March 14, 2017, the Maximum Bid Price allowable pursuant to and in accordance with the MDRs, and court order, shall increase as stated in the MDRs. The Sheriff may not accept any bids for any amount in excess of the Maximum Bid Price. Any bid for any amount in excess of the Maximum Bid Price shall be void and invalid ab initio and shall have no force or effect whatsoever. In the event of multiple bids for the Maximum Bid Price, the successful bidder and purchaser of the property shall be the bidder who first bid the Maximum Bid Price. The Sheriff shall take note also of all other bids entered at the sale, including all duplicate Maximum Bid Price bids, and, in the event of any breach of default by the highest and successful bidder (or the first of several bidders of the Maximum Bid Price), the Sheriff shall sell the Property to the next highest bidder (or the second bidder of the Maximum Bid Price) and so on down the line of next highest bidders (or duplicate bidders of the Maximum Bid Price in the order in which such duplicate Maximum Bid Prices were bid). RIGHT OF REDEMPTION Only persons identified on the above-referenced written list from MCHT of pre-qualified bidders at the foreclosure sale, who otherwise also have any right of redemption pursuant to Utah law, may exercise any right of redemption after the foreclosure sale. In addition to conforming with the requirements of the Utah Rules of Civil Procedure, any exercise of any right of redemption must also be for an amount not exceeding the Maximum Bid Price. If the Maximum Bid Price is bid at the foreclosure sale, therefore, then no one shall have any ability to exercise any right of redemption. Any attempt to exercise any right of redemption by anyone whose name does not appear on the above-referenced written list from MCHT shall be void and invalid ab initio and shall have no force or effect whatsoever. Any attempt to exercise any right of redemption for any amount in excess of the Maximum Bid Price shall be void and invalid ab initio and shall have no force or effect whatsoever. Purchase price payable in lawful money of the United States of America. Dated this _6__day of _June____, 2017 JUSTIN MARTINEZ, Sheriff of Summit County, State of Utah. By ____________________ ___________ Deputy Sheriff Docket #: _17C00344______________ _ Date of 1st Pub: June 14, 2017_________ Bradley L. Tilt Attorney at Law Action Law, LLC 2825 E. Cottonwood Pkwy., Suite 500 Salt Lake City, Utah 84121 (801) 990-3262 PUBLISHED IN THE PARK RECORD ON WEDNESDAY JUNE 14, WEDNESDAY JUNE 21 AND WEDNESDAY JUNE 28, 2017. um Bid Price shall be void and invalid abC-11 initio and shall have no force or effect whatsoever. Purchase price payable in lawful money of the United States of America. Dated this _6__day of _June____, 2017 JUSTIN MARTINEZ, Sheriff of Summit County, State of Utah. By ____________________ ___________ Deputy Sheriff Docket #: _17C00344______________ _ Date of 1st Pub: June 14, 2017_________ Bradley L. Tilt Attorney at Law Action Law, LLC 2825 E. Cottonwood Pkwy., Suite 500 Salt Lake City, Utah 84121 (801) 990-3262 PUBLISHED IN THE PARK RECORD ON WEDNESDAY JUNE 14, WEDNESDAY JUNE 21 AND WEDNESDAY JUNE 28, 2017. **** All legals are published on the utahlegals.com website for 30 days **** |