(Tax Parcel No. 04-068-0055)
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 sale, in front of the Eighth Judicial District Court for the State of Utah, 920 East Highway 40, Vernal, Utah, on October 28, 2013 at 10:00 a.m. of said day for the purpose of foreclosing a Deed of Trust, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (\"Trust Deed\"), executed by Michael Edward Dofelmire and Tiffaney Dofelmire, collectively, as Trustors (\"Trustor\"), in favor of BB&T-VA Collateral Service Corporation, as Trustee, and Branch Banking and Trust Company, as Beneficiary (\"BB&T\"). The Trust Deed was recorded July 6, 2007, as Entry No. 2007007798, Book 1041, Pages 603-610 in the official records of Uintah County, Utah.
A Substitution of Trustee appointing Sherilyn A. Olsen, Esq., of HOLLAND & HART LLP, 222 South Main Street, Suite 2200, Salt Lake City, UT 84101, as Successor Trustee (\"Trustee\") was recorded June 21, 2013 as Entry No. 2013006042, Book 1337, Page 589 in the official records of Uintah County, Utah. A Notice of Default and Election to Sell (\"Default Notice\") was recorded in the official records of Uintah County Utah on June 21, 2013 as Entry No. 2013006043, Book 1337, Page 591. Trustee will sell at public auction to the highest bidder the real property located in Uintah County, State of Utah, described as (the \"Property\"):
Beginning at a point that is South 02°04\'42\" East from the Northwest corner 1550.00 feet and North 88°03\'36\" East parallel to the North line of the Northeast quarter 927.88 feet of Section 14, Township 4 South, Range 21 East, Salt lake Base and Meridian; thence South 88°03\'36\" East 51.25 feet to the beginning of a 150.00 foot radius curve to the left; thence along the arc of said curve to the left with a delta angle of 24°18\'58\", a tangent of 32.32 feet, and a chord length of 63.18 feet for a distance along said arc of 63.66 feet; thence South 02°04\'41\" East 336.00 feet, more or less, to the center line of Ashley Creek; thence South 83°03\'28\" West along said centerline 85.5 feet, more or less, South 79°24\'03\" West 30.00 feet to a point that is South 02°04\'42\" East of the point of beginning; thence North 02°04\'42\" West 340.00 feet, more or less, to the point of beginning. Basis of bearings is the North line of the Northeast quarter of said Section 14 which is assumed to bear South 88°03\'36\" West.
The Property includes, all buildings, improvements, works, structures, facilities and fixtures, including trade fixtures, all awards made for the taking by eminent domain, proceeds of insurance paid on account of partial or total destruction of the Property, and all rents, subrents, issues, royalties, income and profits of and from the Property.
The Property is also known by the street address of 168 East 1200 North, Vernal, Utah 84078
The current Beneficiary of the Trust Deed is BB&T, whose address was 590 1-C Peachtree Dunwoody Road, Suite 420, Atlanta, Georgia, 30328. The record owner of the Property as of the recording of the Default Notice was Michael Edward Dofelmire and Tiffaney Dofelmire.
The Trustee\'s sale will be made without warranty as to title, possession, encumbrances, and condition of the Property or any other matter.
Bidders at the Trustee\'s sale must be prepared to tender a $10,000.00 non-refundable deposit to the Trustee, and the balance of the purchase price must be tendered to the Trustee within 48 hours of the sale. Both the deposit and the balance must be in immediately available funds by cashier\'s check or wire, payable to Holland & Hart Trust Account. A Trustee\'s Deed will be delivered to the successful bidder within three business days of receipt of the amount bid.
The sale is subject to a workout, reinstatement, payoff, or other condition that would cause the cancellation of the sale (the \"Conditions\"). Further, if any of these Conditions exist, the sale will be void and the successful bidder\'s funds will be returned, and the Trustee and the Beneficiary shall not be liable to the successful bidder for any damages.
Dated this 25th of September, 2013.
Sherilyn A. Olsen, Esq., Trustee
HOLLAND & HART LLP
222 South Main Street, Suite 2200
Salt Lake City, Utah 84101
Telephone: (801) 799-5800
Office Hours: M-F 9:00 a.m. - 5:00 p.m.
Published in the Uintah Basin Standard October 1, 8 and 15, 2013.