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Show iTltr October 13, 2004 11 Page iEimrs-Crto- Nephi, Utah s J NOTICE OF TRUSTEE'S SALE The real property described in EXHIBIT A attached hereto and situated m Utah County and Juab County. State ot Utah, will be sold at public auction to the highest bidder on November 12. 2004, for the purpose ot foreclosing a Deed ot Trust. Assignment of Rents, Security Agreement and Fixture Filing (the Deed ot Trust") dated March 28, 2003 and executed by NORTH LILY MINING COMPANY, INC. and XERES TINTIC, I L C as Trustor and in which TITLE WEST is the Trustee and QUEST CAPTIAL CORP is the Beneficiary. Quest Capital Corp is the successor to Quest Investment Corporation, the Beneficiary under the Deed of Trust The Deed of Trust was recorded on April 17, 2003 as Entry No 58820 2003 of the Official Records of the County Recorder of Utah County, Utah and on April 1 7, 2003 as Entry No 00230959 in Book 0449 at Page 0529 of the Official Records of the County Recorder of Juab County, Utah. The property sublet to the Deed ot Trust situated m Utah County. Utah and more described as Parcels 1.2.3. 4 particularly and pan of Parcel 1 0 described in EXHIBIT A attached hereto together with all improve- ments, easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures and will be sold at public auction on November 12, 2004 at the front entrance of the Fourth Oistrict Judicial Center, 125 North 100 West, Provo, Utah 84601 at the hour of 11 00 o'clock am The property subject to the Deed of Trust situated in Juab County, Utah and more particularly described as Parcels 5, 6. 7, 8. 9 and part of Parcel 10 described m EXHIBIT A attached hereto together with all improve- ments, easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures and will be sold at public auction on 986462 Less a portion of claims conve.ed to Tmtic Empire Mining Company, in Boev 193. at Page 347 7 Promised Land Claim. Mineral Survey No 6597, as described in that certain Patent recorded in Utah County on October 29 1926 in Book 256 at Page 191 Patent No 986462 8 Minerva Claim, Mineral Survey No 6597. in that certain Patent recorded in Utah County 9 Silver Flat Claim, Mineral Survey No 6597, as described in that certain Patent recorded in Utah County Less a portion ot claims conveyed to Tmtic Empire Mmmg Company, in Book 193, at Page 347 10 Silver Flat No 1 Claim, Mineral Survey No 6597. as described in that certain Patent recorded in Utah County Claim, Mineral Survey No 6773, in that certain Patent recorded in Utah County Utah Patent No 1005440 on August 15, 1927, in Book 256, at Page 351 12 Utah No 1 Claim, Mineral Survey No 6773, as described in that certain Patent recorded in Utah County. Utah, Patent No 1005440. on August 15, 1927, in Book 256, at Page 351 Lily as described 13 Utah No 2 Claim, Mineral Survey No 6773, as described in that certain Patent recorded in Utah County. Utah Patent No 1005440, on August 15, 1927, in Book 256. at Page 351 14 Utah No 3 Claim, Mineral Survey No 6773, as described in that certain Patent recorded in Utah County, Utah Patent No 1005440, on August 15, 1927, in Book 256, at Page 351 15 Golden Gate No 4 Claim, Mineral Survey No 6773, as described in that certain Patent recorded in Utah County. Utah Patent No 1005440, on August 15, 1927, in Book 256, at Page 351.. November 12, 2004 at the front entrance of the Fourth District Court Building, 160 North Mam, Nephi, Utah 84648 at the hour of 1 00 oclock p m 16 Iron King No 1 Claim, Mineral Survey No 6773, as described m that certain Patent recorded in Utah County, Utah Patent No 1005440, on August 15. 1927, in Book 256, at Page 351 The current beneficiary of the Deed of Trust is QUEST CAPITAL CORP., and the record owner of the property as of the recording of the Notice of Default and Election to Sell was XERES TINTIC LLC and NORTH LILY 17 Iron King No 2 Claim. Mineral Survey No 6773, as described in that certain Patent recorded in Utah County. Utah Patent No 1 005440, on August 1 5, 1 927, in Book 256, at Page 351. MINING 18 Iron King No 3 Claim, Mineral Survey No 6773, as described in that certain Patent recorded in Utah County Utah Patent No 1005440 on August 15, 1927, in Book 256, at Page 351 COMPANY. of the property being sold in both Utah County and Juab County is vacant ground and without any known addresses The sale will be made at the public auction and made without any covenant or warranty, express or implied, regarding title, possession or All encumbrances. TRUSTEE. TITLE WEST Glen W Roberts, President Title West By 3601 N University Avenue, No. 100 Provo, UT 84604 (801)375-360- Callister Nebeker for the Trustee & McCullough Attorneys Gateway Tower East, Suite 900 10 East South Temple Salt Lake City, UT 84133 0 (801) Office Hours 8 30 a m to 5 00 p m. EXHIBIT A All that real property situate in the Counties of Juab and Utah, State of Utah, more particularly described as follows Parcel 1. The Wyoming Silver Mining Company Millsite Lot 52 located in Section 8, Township 10 South, Range 2 West and the following described parcel of land. Commencing at the East 14 corner Section 8, Township 1 0 South, Range 2 West, thence North 0026'00 West 1 309 95 feet (by deed North 2600'00" West 1309 95); thence South 8908'00" West 2646 20 feet, thence South 2546'00 West 3020 00 feet, thence South 620000" East 2088 60 feet; thence North 2259'00 East 1980 00 feet; thence North 8749'00' East 1345 00 feet; thence North 00o4900 East 556 20 feet to the point of beginning. Less and excepting that portion lying within the boundaries of Highway 6 Also less and excepting that portion of the Franklin Millsite Lot 246B that is not located within Lot 2 of said Section 8 Subject to and excepting the option and other rights in such parcel held by Avalanche Funding, LLC and The Standard Group pursuant to the terms of that certain Agreement with North Lily Mining Company, dated effective April 9, 2003. Parcel2. Southeast 14 of the Northeast 14 of Section 4, Township 11 South, Range 1 West, Salt Lake Base and Meridian. Parcel 3. Northeast 14 of the Northeast 14 of Section 11, Township 11 South, Range 2 West, Salt Lake Base and Meridian. Excepting from Parcels 1, 2, and 3 all oil, gas, minerals, and ores situated in, upon, or under the above described tract of land, together with all rights in connection with or relative to the exploration, mining, removal or sale of the same. Parcel 4. The following Patented Mining Claims: 1. Sammon Claim, Mineral Survey No. 6494, as described in that certain Patent recorded in Utah County. 2 Crown Point Claim, Mineral Survey No 6494, as described in that certain Patent recorded in Utah County. 3. B S. Claim, Mineral Survey No. 6494, in that certain Patent recorded in Utah County. 4. Silver Bell Claim, Mineral Survey No. 6597, as described in that certain Patent recorded in Utah County on October 29, 1926, in Book 256, at Page 191, Patent No. 986462. Less a portion of claims conveyed to Tmtic Empire Mining Company, in Book as described 193, at Page 347. Claim, Mineral Survey No. 6597, as described in that certain Patent recorded in Utah County on October 29, 1926, in Book 5. G N C. 256, at Page 191, Patent No. 986462. Survey No. 6597, as described in that certain Patent recorded in Utah County on October 29, 1926, in Book 256, at Page 191, Patent No. 6. Mohawk 19 Iron King No 4 Claim, Mineral Survey No 6773, as described in that certain Patent recorded in Utah County, Utah Patent No 1005440, on August 15, 1927, in Book 256, at Page 351 20 Iron King No 5 Claim, Mineral Survey No 6773, as described in that certain Patent recorded in Utah County, Utah Patent No 1005440, on August 15, 1927, in Book 256, at Page 351 0 Office Hours 8 30 a m to 5 00 p m W. JEFFERY FILLMORE Claim, Mineral V 3 ''J Parcel 10 The minerals and mineral rights in and fo the tcuowing patented mining claims located in Juab and Utah Counties. Utah, together with all ot Trustor S other right title anj interest in and to such claims wrijie ur h TtwrisnipgSoutn Range West Secron 35 3 wnsh'P 10 South Range 3 West Sections 11. 12 25 36 ijwnsh'p 10 South Range 2 West Sections 20 29 32 37 East End No 6 Claim Mineral Survey 6854 as described m that certain Patent recorded in Utah County, on September 10. 1928 in Book 277. at Page 282 Patent No 1018356 Less a portion of claims conveyed to Lehi Tmtic Mmmg Company in Book 230. at Page 444 No as described 11 No 6854 as deserted m that certain Pa'ent recorded in Utan Countv on Septemoer 13. 1928 m Book 277, at Page 232 Patent No 1018356 Lessaport'on of claims conveyed to Lehi Tmtic Mining Company in Book 230 at Page 444 21 Iron King No 6 Claim, Mineral Survey No 6773, as described m that certain Patent recorded in Utah County. Utah Patent No. 1 005440, on August 1 5, 1 927, in Book 256, at Page 351 22 Golden Treasure Claim, Mineral Survey No 6773, as described in that certain Patent recorded in Utah County, Utah Patent No 1005440, on August 15, 1927, in Book 256, at Page 351. 23 Golden Treasure No 2 Claim, Mineral Survey No 6773, as described in that certain Patent recorded in Utah County, Utah Patent No 1005440, on August 15, 1927, m Book 256, at Page 351 24 Jumbo Claim, Mineral Survey No 6773, as described in that certain Patent recorded in Utah County, Utah Patent No 1 005440, on August 1 5, 1 927, in Book 256, at Page 351 No 1 25 Jumbo Claim, Mineral Survey No 6773, as described in that certain Patent recorded in Utah County, Utah Patent No 1005440, on August 15, 1927, in Book 256, at Page 351 No 2 26 Copper Glance Claim, Mineral Survey No 6773, as described in that certain Patent recorded in Utah County, Utah Patent No. 1005440, on August 15. 1927, in Book 256, at Page 351. 27. Porphyrites Claim, Mineral Survey No 6773, as described in that certain Patent recorded in Utah County, Utah Patent No 1005440, on August 15, 1927, in Book 256, at Page 351. 28 Porphyrites No 2 Claim, Mineral Survey No 6773, as described in that certain Patent recorded in Utah County, Utah Patent No 1005440, on August 15, 1927, in Book 256, at Page 351. 29 Porphyrites No 3 Claim, Mineral Survey No 6773, as described in that certain Patent recorded in Utah County, Utah Patent No 1 005440, on August 1 5, 1 927, in Book 256, at Page 351 30. Copper Glance No 2 Claim, Mineral Survey No 6773, as described in that certain Patent recorded in Utah County, Utah Patent No. 1005440, on August 15, 1927, in Book 256, at Page 351. 31. East End Claim, Mineral Survey No. 6854, as described in that certain Patent recorded in Utah County, on September 10, 1928, in Book 277, at Page 282, Patent No. 1018356. 32. East End No 1 Claim, Mineral Survey No. 6854, as described in that certain Patent recorded in Utah County, on September 10. 1928, in Book 277, at Page 282, Patent No. 1018356. 33. East End No 2 Claim, Mineral Survey No 6854, as described in that certain Patent recorded in Utah County, on September 10. 1928, in Book 277, at Page 282, Patent No. 1018356. 34. East End No 3 Claim, Mineral Survey No 6854, as described in that certain Patent recorded in Utah County, on September 10.1928, in Book 277, at Page 282, Patent No. 1018356. 35. East End No 4 Claim, Mineral Survey No 6854, as described in that certain Patent recorded in Utah County, on September 10, 1928, in Book 277, at Page 282, Patent No. 1018356. Less a portion of claims conveyed to Lehi Tintic Mining Company, in Book 280, at Page 444. 36. East End No 5 Claim, Mineral Survey 38 East End No 7 Claim, Mmeral Survey No 6854 as described in that certain Patent recorded in Utah County on September 10, 1928 in Book 277 at Page 282 Patent No 1018356 Less a portion of claims conveyed to Lehi Tmtic Mmmg Company in Book 280. at Page 444 39 East End No 8 Claim Mineral Survey 6854 as described in that certain Patent recorded in Utah County on September 10. 1928 in Book 277, at Page 282. Patent No 1018356 No 40 East End No 9 Claim Mineral Survey 6354 as described in that certain Patent recorded in Utah County on September 10. 1928 in Book 277, at Page 282. Patent No 1018356 No 41 East End No 10 Claim. Mineral Survey No 6854 as described in that certain Patent recorded in Utah County, on September 10. 1928 in Book 277. at Page 282. Patent No 1018356 Less a portion ot claims conveyed to Lehi Tmtic Mining Company, in Book 280, at Page 444 42 East End No 11 Claim Mineral Survey No 6854 as described in that certain Patent recorded in Utah County, on September 10. 1928 in Book 277 at Page 282, Patent No 1018356 Less a portion of claims conveyed to Lehi Tmtic Mining Company, in Book 280, at Page 444 523036 2 43 East End No 12 Claim, Mineral Survey No 6854, as described in that certain Patent recorded in Utah County on September 10, 1928 in Book 277 at Page 282, Patent No 1018356 Subscribe Today! 44 East End No 13 Claim, Mineral Survey No 6854 as described in that certain Patent recorded in Utah County on September 10. 1928 in Book 277, at Page 282, Patent No 1018356 $24 per year in Juab County 45 East End No 14 Claim, Mineral Survey No 6854 as described in that certain Patent recorded in Utah County, on September 10, 1928, in Book 277, at Page 282, Patent No 1018356 RISE AND REBUILD 46 East End No 15 Claim, Mineral Survey No 6854, as described in that certain Patent recorded in Utah County, on September 10 1928 in Book 277, at Page 282, Patent No 1018356 Florida Hurricane RELIEF 47 Coyote Claim, Mmeral Survey No 6402, as described in that certain Patent recorded in Utah County 48 Baltimore 3 Claim, Mineral Survey No 6000, as described m that certain Patent recorded in Utah County 49 Red Cross 111 Claim, Mineral Survey No 6605 as described in that certain Patent recorded in Utah County TO DONATE:l FUND -8- 00-FL-HILP-l www.FLAHurricaneFund.org by Governor Jeb Buh Thu fund eitobliihed ti ftfMrr je ui i,f t fji H'litui'nl, t in t recorded Utah County Finlay Claim, Mineral Survey No 6936. as described in that certain Patent recorded in Utah County in 51 OBf i " t lit 52 Barney 1,4, 5, 6, and Barney 2 Amd and Barney 3 Amd Claims, Mineral Survey No 6700 as described in that certain Patent recorded in Utah County, on December 1, 1926, in Book 240, at Page 453, Patent No 989038 56 Red Cross .Claims 136 and 137. Mineral Survey No. 6684, as described in that certain Patent recorded in Utah County 59 Red Cross Claims 134 - 135, and 154 - 157, Mineral Survey No. 6684, as described in that certain Patent recorded in Utah County 60. Helen 6631 t 1. mining (6685) Red Cross 191 (6695) Red Cross 192 (6685) Red Cross 193 (6685) Red Cross 194 (6684) Red Cross 195 (6684) Red Cross 209 (6692) Red Cross 210 (6692) Red Cross 211 (6692) Red Cross 212 (6685) Red Cross 213 (6685) Red Cross 227 (6692) Red Cross 228 (6692) Red Cross 229 (6692) Red Cross 230 (6692) Red Cross 231 (6692) Red Cross 232 (6685) Nephi, Utah 13,2004, 10, 20,2004, and 10272004 BILL41 0 181 South 1200 East Lehi Times-New- 10 Mountain Shadow APARTMENTS 2 Custom Orders Quoted Onlinell! Look at current specials Choose Colors, Lengths & Accessories Delivery Available MCTmart; Stae (6685) Published in The 1 & 3 Bedroom Great Community BBQ Area Play Area Mars' M-- &5 SAT 8 NOON (435) 623-209- 9 465 South 400 East Nephilltah 84648 Venus Fraction, Mineral Survey 6881 Parcel 5 The South half of the Southeast quarter of Section 26, Township 10 South, Range 3 West, Salt Lake Base and Meridian lying East of U S Highway 6 Parcel 8 The following patented (6685) Red Cross 175 - metalmart.biz NEW & IMPROVED!! 61 Parcel 7: The South half of the Northeast quarter and the North half of the Southeast quarter of Section 35, Township 10 South, Range 3 West, Salt Lake Base and Meridian lying East of U S. Highway 6. Excepting therefrom the following described property, Beginning at the Northeast corner of Section 35, Township 10 South, Range 3 West, Salt Lake Base and Meridian, thence South 8954 37" West 1610 45 feet along the section line to the East of y State Highway 6, thence along said South 1653'51" East 750 45 feet to the center of the Silver City road, thence the next six courses along said road South 6641 '08" East 402 59 feet, thence South 6525'39 East 203 13 feet, thence South 6251'29" East 241 43 feet, thence South 6038'19 East 210 22 feet, thence South 582732" East 299 56 feet, thence South 5612'39" East 231 43 feet to the East line of said section, thence North 018'25" West 1463 03 feet to the point of beginning (6685) Red Cross 174 on Lode, Mineral Survey No Parcel 6 That part of Lot 1 and the Northwest quarter of the Northeast quarter of Section 35, Township TO South, Range 3 West, Salt Lake Base and Meridian lying East of U S Highway 6 and South of Silver City Road Excepting therefrom the following described property, Beginning at the Northeast comer of Section 35, Township 10 South, Range 3 West, Salt Lake Base and Meridian, thence South 8954'37" West 1610 45 feet y along the section line to the East y of State Highway 6 thence along said South 1653'5r East 750 45 feet to the center of the Silver City road, thence the next six courses along said road South 6641 '08 East 402 59 feet, thence South 6525'39" East 203 13 feet, thence South 6251'29" East 241 43 feet, thence South 6038'19" East 2f0 22 feet, thence South 5827'32" East 299 56 feet, thence South 5612'39 East 231 43 feet to the East line of said section, thence North 018 25" West 1463 03 feet to the point of beginning Red Cross 173 iw-- if' II 0r STEEL ROOFING & SIDING SAVINGS METALMART FALL PROJECTS Galvanized Corrugated - 2 Wide - 29 gauge Popular Colors - 3 Wide - (Lengths Vary) 1 (6685) Red Cross 233 rjtnrw ui 50 Lakeview Claim, Mineral Survey No 3450, as described in that certain Patent MSI Utah County Red Cross 172 ttl Sign Up Instantly Onlbai TOTALUSA.NET MwM. Ext. 298 TOD Or Call Toll Fraa Today! Jooi877-75M87- 7 2 Bedroom Get the Flu Shot, Not The Flu. Move in Special: months free high - Best Time: September November Not Too Late: December, January, February speed internet access with no setup fee. 1 Call Keven at or visit 1 for Rent. $475month3 Medicare Part B pays for flu shots. For Information, Call Apartment 623-465- www.medicare.gov or 3 for lease E2 CAfSj 660-098- application. iFREE72004 ColorlSwingset Cataldg 8e DVD Factory 2nds Sale Now Going Onexp 93004 100s of Chemical Free Redwood Red Cedar Swingsets to Choose From Iit K Free Factory Water Seal Free LifetimeWarranty & RAINBOW DIRECT OF UTAH 33 f, . East 12675 South, Drap.r (801)523-227- For A FREE COLOR CATALOG & DVD Call Use Code UPA When Ordering 7 The Times-New- s 96 South Main, Nephi |