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 sale and in the manner set forth below, said public auction to be held at the main entrance of the Emery County Courthouse (Justice Center), 1850 N. 560 W. (1850 N. Des Bee Dove Road) Castle Dale, Utah 84513, on Wednesday, November 28, 2018, at 11:00 a.m., Mountain Standard Time, of said day, for the purpose of foreclosing the Deed of Trust with Assignment of Rents (the “Deed of Trust”) originally executed by Benson Incorporated, as the Trustor, in favor of Gil Bowden and Heidi W. Bowden, Trustees of the Gil Bowden Family Trust dated 5/23/88, as the Beneficiaries, and recorded April 25, 2007, in the office of the Emery County Recorder, State of Utah, as Entry No. 379637, covering real property situated in Emery County, State of Utah, and more particularly described as follows (the “Real Property”):
Beginning at the Southwest corner of Lot 2, Block 11, Ferron Townsite Survey, and running thence East 157.75 feet; thence North 56 feet; thence East 40 feet; thence South 56 feet; thence East 58 feet; thence North 255.75 feet; thence West 255.75 feet; thence South 255.75 feet to the point of beginning.
Together with all improvements thereon and appurtenances thereto belonging.
Tax Parcel Nos. 01-0125-0030.
The current Beneficiaries of the Deed of Trust are Gil Bowden and Heidi W. Bowden, Trustees of the Gil Bowden Family Trust dated 5/23/88 (the “Beneficiaries”). The record owner of the Real Property as of the recording on July 25, 2017 of the Notice of Default and Election to Sell, was Benson Incorporated (the “Trustor”). The Successor Trustee of the Deed of Trust, pursuant to a duly recorded Substitution of Trustee, is Michael R. Jensen, Attorney at Law (the “Trustee”).
For information purposes only, the Real Property has a reputed physical address of 15 N. State Street, Ferron, Utah 84523. The Trustee disclaims any responsibility for any error in the above legal description or street address of the Real Property.
The Trustee’s said sale of the Real Property will be made without covenant or warranty, express or implied, regarding title to, possession and quiet enjoyment of, encumbrances against, or condition of, the Real Property and any improvements thereon.
Bidders must tender a $25,000 deposit to the Trustee at the time of bidding at said sale. The balance of the purchase price must be delivered to the Trustee by 12:00 Noon, Mountain Standard Time, of the first business day immediately following said sale. Both said deposit and the balance of the purchase price must be paid in the form of cashier’s checks or official checks issued by a bank or credit union and payable to Gil Bowden and Heidi W. Bowden, Trustees of the Gil Bowden Family Trust dated 5/23/88, the current Beneficiaries named above. Cash payments, personal checks, or trust checks will not be accepted. Any bid is considered an irrevocable offer. The successful bidder’s said deposit is non-refundable, and the successful bidder shall forfeit said deposit if the successful bidder does not timely pay the balance of the purchase price. Also, if the successful bidder refuses to pay the balance of the purchase price, the successful bidder is liable for any loss occasioned by the refusal, including interest, costs, and Trustee’s and reasonable attorney fees.
The Trustee’s Deed will be delivered to the successful bidder within five business days after receipt of collected funds in the amount of the bid.
The Trustee reserves the right to void said sale due to any unknown facts existing at the time of sale that would have caused the Trustee to cancel the sale had he known such facts. If the Trustee voids the sale, the Trustee shall return the funds to the bidder, and the Trustee and Beneficiaries shall not be liable to bidder for any damages.
The United States has the right to timely redeem the Real Property from the foreclosure sale purchaser and resell the Real Property for the purpose of applying the net sales proceeds, after said redemption, to the federal tax lien debts, if any, of the Trustor, Benson Incorporated.
Dated this 22nd day of October 2018.
/s/ Michael R. Jensen
Michael R. Jensen, Attorney at Law,
Trustee
90 W. 100 N., Suite 3
Price, UT 84501
435-637-1245
Office hours: M-F 8:30 a.m. to 5:00 p.m.
(except lunch hour, breaks, and holidays)
E-mail: mrjlaw@emerytelcom.net
Published in the ETV News on October 24 and 31 and November 7, 2018