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Show IN THE SIXTH JUDICIAL DISTRICT COURT OF GARFIELD COUNTY, STATE OF UTAH RUTH E. BUSHARD, et. ai., Plaintiffs, vs JAMES HACK-BARTII, et. ux. and et. al., Dcfen- , dants. i i FIRST SECURITY BANK OF UTAH, N.A., Counterclaimant, Crossclalmant and Third Party r: Plaintiff, vs RUTH E. BUSHARD: T et. al., Cross and third Party Defendants. NOTICE OF FORECLOSURE SALE Civil No. 3094 Under a Decree of Foreclosure and Order of Sale issued by the Sixth Judicial District Court in and for the County of Garfield, State of Utah, on the 13th day of September, 1985, wherein First Security Bank of Utah, N.A. obtained a Judgment against Bushard and a Decree of Foreclosure as against all other parties, I am commanded to sell the following described real property and improvements and personal property located in Garfield County, State of Utah: 1. The West Half of Lot 1, Block 1, Plat "A", Hatch Town Survey. ("Galaxy property") 2. All inventory and equipment in the AAA Galaxy Motel. 3. Beginning North 82 deg 31 min 14 sec West 2700.87 feet and North 0 deg 09 min 45 sec West 407.60 feet from the center of Section 28, Township 36 South, Range 5 West, Salt Lake Base and Meridian and running thence North 0 deg 09 min 45 sec West 280.63 feet; thence South 89 deg 32 min 32 sec East 103.00 feet thence North 0 deg 09 min 45 sec West 11.00 feet; thence South 89 deg 32 min 32 sec East 615.69 feet; thence South 19 deg 28 min 45 sec West 308.43 feet thence North 89 deg 32 min 32 sec West 614.99 feet to point of beginning. 4. Thirty-one (31) shares of the common capital stock of Hatch Irrigation Company evidenced by certificate No. 116. 5. A Note Secured by Deed of Trust dated May 15, 1981 signed by Arthur M. Varela and Elizabeth E. Varela having a principal balance of $135,734.96 as of June 1, 1985, bearing Interest' at seven and one-half (7- pet.) per cent per annum, and payable in installments of $2,375.00 per month until January 15, 1991 secured by the following described property in Garfield County, State of Utah: PARCEL l: The Northwest Quarter of the Northeast Quarter, the Northwest Quarter of the Northeast Quarter; the Northeast Quarter of the Southwest Quarter; the Northwest Quarter of the Southwest Quarter; and the Northwest Quarter of the Southeast Quarter of Section 22, Township 36 South, Range 5 West, Salt Lake Base and Meridian. EXCEPTING THEREFROM all coal and other minerals in, on, or under said land, together with the right of Ingress and egress for the purpose of exploring and or removing the same. EXCEPTING THEREFROM that portion lying within the existing roads. PARCEL 2: The South Half of the South Half of Section 22; the North' west Quarter of the Northeast Quarter; the East Half of the Norhteast Quarter of Section 27; the Southwest Quarter of the Northwest Quarter of Section 26, all in Township 36 South, Range 5 West, Salt Lake Base and Meridian. EXCEPTING THEREFROM all oil and gas in, on, or under said land, together with the right of ingress and egress for the purpose of exploring and or removing the same. EXCEPTING THEREFREOM that portion lying within the existing roads. PARCEL 3: The South Half of the North Half ; the Northeast Quarter of the Northwest Quarter; the Northeast Qaurter of the Southeast Quarter of Section 22; and the Northwest Quarter of the Southwest Quarter of Section 23; Township 36 South, Range 5 West, Salt Lake Base and Meridian. EXCEPTING THEREFROM 3 5ths interest in and to all coal, oil, gas and other minerals in, on, or under said land, together with the right of Ingress and egress for the purpose of exploring and or removing the same. EXCEPTING THEREFROM that portion lying within the existing roads. The above lands have as appurtenances all water and water rights, including but not limited to the following: The water rights decreed in the Decree Adjudicating the Sevier River System, by Honorable LeRoy H. Cox, District Judge, at pages 18 and 19 thereof, to-wit: To William Proctor, George Proctor, J. Proctor, Ken Proctor, and M. J. Proctor: To be diverted from Proctor Canyon Creek, as a second class right, as to the said right of Hettie L. Henrie, for use during the entire year. 0.75 cf.s. Together with all of the remainder of the waters of Proctor Canyon Creek, to be divided one half thereof to Hettie L. Henrie and one half thereof to William Proctor, George Proctor, J. Proctor, Ken Proctor and M. J. Proctor, for use during the entire year. Together with that water decreed to William Proctor, George Proctor, J. Proctor, Ken Proctor and M. J. Proctor: All the waters of an unnamed spring located at a point about 1550 feet South and 2440 feet West of the Northwest Corner of Section 22, Township 36 South Range 5 West, Salt Lake Base and Meridian, for use during the entire year. NOTICE IS HEREBY GIVEN that on Monday, the 21st day of October, 1985, at the hour of 12:00 O'clock Noon, on the front steps of the Garfield County Courthouse, Panguitch, Utah, in obedience with said Order and Decree of Foreclosure, I will sell the above described property or, so much thereof as" may be 'necessary" to satisfy the Plaintiffs Judgment, with interest and accruing costs, to the highest and best bidder, for cash, and lawful money of the United States. DATED this 25th day of September, 1985. VIC MIDDLETON, SHERIFF By s VicMiddleton Deputy Sheriff Published in the Garfield County News October 3, 10 and 17, 1985. |