NOTICE OF TRUSTEE'S SALE The following described property will be sold a...

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 of America at the time and in the manner set forth below, such public auction to be held at the main entrance to the Fourth Judicial District Court - Wasatch County - Heber City, located at 1361 South Highway 40, Heber City, Utah, on Tuesday, August 24, 2010, at the hour of 11:15 a.m. (Utah time) of said day, for the purpose of foreclosing that certain Deed of Trust, dated May 13, 2009, executed by CLARK REAL ESTATE CO., an Idaho corporation, as trustor ("Trustor"), in favor of to MERIDIAN TITLE COMPANY, as original trustee, for the benefit of D. L. EVANS BANK, as beneficiary ("Beneficiary"), and recorded on June 2, 2009 in the official records of Wasatch County, Utah as Entry No. 348799, in Book 0992, beginning on Page 1549 ("Deed of Trust"), covering real property located in the County of Wasatch, State of Utah, and more particularly described as follows:

Beginning at a point on the North line of Swiss Oaks Condominiums, which point is South 00°44' 52" West 660.06 feet along the Section line from the East Quarter of Section 28, Township 3 South, Range 4 East, Salt Lake Meridian (the bearing from said East Quarter corner of Section 28 to monument "Memorial" is South 61°11' 14" East, which is a Utah State Plane, Central Zone bearing); thence West 129.39 feet along said Condominiums; thence South 61°11' 21" West 136.95 feet along said Condominiums; thence West 600.00 feet along said Condominiums; thence North 148.50 feet along Robert Fuller (Book 222 Page 335); thence West 462.00 feet along Robert Fuller and Swiss Oaks Condominiums; thence South 742.50 feet along said Condominiums; thence West 1225.63 feet, more or less, to Manning (Book 192 Page 461); thence North 00°34' 10" West 487.23 feet along Manning; thence South 89°55' 56" East 881.79 feet; thence North 402.18 feet; thence North 42°33' 57" East 124.59 feet; thence North 53°11' 00" East 153.12 feet; thence North 52 °10' 44" East 265.47 feet; thence North 62°03' 13" East 438.15 feet; thence South 66°58' 50" East 222.13 feet along said County Road as fenced; thence 249.93 feet along the arc of a 547.96 foot radius curve to the right, through a central angle of 26°08' 00" (chord bears South 53°54' 50" East 247.77 feet) along said County Road as fenced; thence South 40°50' 50" East 577.41 feet along said County Road as fenced; thence 95.46 feet along said County Road as fenced, along the arc of a 243.92 foot radius curve to the left, through a central angle of 22°25' 25" (chord bears South 52°03' 32" East 94.85 feet) to the Section line; thence South 00° 44' 52" West 52.10 feet along said Section line to the point of beginning.

LESS AND EXCEPTING:
Beginning at a point on the Section line South 00°44' 52" West, 607.962 feet from the East Quarter Corner of Sec tion 28, Township 3 South, Range 4 East, Salt Lake Base and Meridian; running thence South 00°44' 52" West, 52.098 feet to the North line of the Swiss Oaks Condominium Plat as recorded in the official records of Wasatch County; thence West 129.39 feet along said North line of the condominiums; thence South 61°11' 12" West, 136.95 feet along the condominiums; thence West, 600.00 feet along the condominiums; thence North 23.326 feet; thence South 87°51' 18" East, 147.763 feet; thence North 63°27' 15" East, 36.475 feet; thence South 87°11' 10" East 165.121 feet; thence North 87°52' 54", East 124.463 feet; thence South 84°17' 04" East, 90.907 feet; thence North 72°45' 04" East, 166.526 feet; thence North 80°44' 28" East, 92.967 feet; thence North 50°36' 20" East, 50.765 feet to the point of beginning.

For informational purposes only: Assessor's Parcel No. OMI-0197-F
Pursuant to §70A-9a-604, Utah Code Annotated, Beneficiary has elected to include in the non-judicial foreclosure of the estate described in this Notice of Trustee's Sale all equipment, fixtures and other items of the personal property described in the Deed of Trust and in any other instruments in favor of Beneficiary. Beneficiary reserves the right to revoke its election as to some or all of said equipment, fixtures and other items of the personal property, or to add additional equipment, fixtures and other items of the personal property to the election herein expressed, at Beneficiary's sole election, from time to time and at any time until the consummation of the trustee's sale to be conducted pursuant to the Deed of Trust and this Notice of Trustee's Sale.
The Trustee disclaims any responsibility for any error in the description of the physical address or legal description of the Property. The sale of the Property described herein will be made without any warranty, including warranties as to title, possession, encumbrances or bankruptcy status. Bidders must be prepared to tender $5,000.00 in certified funds at the sale and the balance of the purchase price in certified funds within twenty-four (24) hours of the sale (unless the following day is a weekend or holiday in which case the balance must be tendered on the next business day following the day of the sale). The sale is also 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 apply, 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.
The current beneficiary of the Deed of Trust is D. L. EVANS BANK and the record owner of the property as of the recording of the Notice of Default was CLARK REAL ESTATE CO., an Idaho corporation.
The Trustee under the Deed of Trust is Brian D. Cunningham. The Trustee's mailing address and the address of the Trustee's office is 15 West South Temple, Suite 1200, Salt Lake City, UT 84101. The Trustee can be contacted by telephone at (801) 257-1900 between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, excluding legal holidays.

Brian D. Cunningham
Snell & Wilmer L.L.P.
Gateway Tower West
15 W. South Temple, Suite 1200
Salt Lake City, Utah 84101
Phone: 801-257-1900
Office Hours: 9:00 a.m. - 5:00 p.m. Monday through Friday, excluding legal holidays
598952 UPAXLP