Wave Legals 09-16-20
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NOTICE

Heber Valley Special Service District will be holding our First Crop Hay Auction Tuesday, September 22, 2020 at 6:00 pm at the Midway Town Hall 120 W Main Street, Midway, UT. Due to COVID-19 we will be following the latest safety precautions in compliance with the Governor’s directives. For more information, Please contact the District Office at 1000 East Main Street, Midway, Ut 84049, or call 435-654-2248 or Dennis @ 435-901-2257.

Published in The Wasatch Wave September 16, 2020.

ANNOUNCEMENT OF

APPOINTMENT AND

NOTICE TO CREDITORS

Estate of Karl Joseph Aull Deceased Case No: 203500039 Tanya Smith, whose address is 6385 Walnut Cv., Benton, Arkansas 72019, has been appointed Personal Representative of the above-entitled estate. Creditors of the estate are hereby notified to: (1) deliver or mail their written claims to the Personal Representative at the address above; or (2) file their written claims with the Clerk of District Court in Wasatch County at 1361 US-40, Heber City, UT 84032, or otherwise present their claims as required by Utah law within three (3) months after the date of the first publication of this notice or be forever barred. Date of first publication September 16, 2020.

Published in The Wasatch Wave September 16, 23 and 30, 2020.

NOTICE TO WATER USERS

The applications below were filed with the Division of Water Rights in Wasatch County. These are informal proceedings per Rule 655-6-2. Protests concerning an application must be legibly written or typed, contain the name and mailing address of the protesting party, STATE THE APPLICATION NUMBER PROTESTED, CITE REASONS FOR THE PROTEST, and REQUEST A HEARING, if desired. Also, A $15 FEE MUST BE INCLUDED FOR EACH APPLICATION PROTESTED. Protests must be filed with the Division of Water Rights on or before Oct. 13, 2020 either electronically using the Division`s on-line Protest of Application form, by hand delivery to a Division office, or by mail at PO Box 146300, Salt Lake City, UT 84114-6300. Please visit waterrights.utah.gov or call (801)538-7240 for additional information.

CHANGE APPLICATION(S)

55-13209 (a46148): Rae Lynne W Kohler Trust, Wasatch Irrigation Company propose(s) using 1.83996 ac-ft. from groundwater (Valley Hills area) for DOMESTIC; IRRIGATION.

EXTENSION(S)

55-9736 (a27333): South Kamas Irrigation Company, Woodland South Hills Irrigation Company is/are filing an extension for 1.66 ac-ft. from groundwater (Woodland Estates) for DOMESTIC; IRRIGATION.

Teresa Wilhelmsen, P.E.

State Engineer

Published in The Wasatch Wave September 16 and 23, 2020.

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, at the front entrance of the Fourth Judicial District Court, 137 N Freedom Boulevard, Provo, Utah 84601, on Tuesday, October 6, 2020, at 2:00 p.m. Mountain Time of said day, for the purpose of foreclosing that certain Deed of Trust, Security Agreement and Fixture Filing with Assignment of Leases and Rents (as amended, the “Trust Deed”), dated March 4, 2016 and recorded March 7, 2016 as Entry No. 421715, Book 1152, Page 532, executed by BEAUFONTAINE PARTNERS, LLC, a Utah limited liability company, as Trustor, in which BRMK LENDING, LLC, a Delaware limited liability company (successor in interest by merger to BRELF II, LLC, a Washington limited liability company), is the Beneficiary, and RANDALL RABAN is the appointed Trustee (as Successor Trustee to Silver Leaf Title Insurance Agency), encumbering real property located in Wasatch County, Utah, more particularly described as follows (the “Property”):

LOT 46, 47, 48, 50, 57, AND 60. BEAUFONTAINE PUD PHASE 3, ACCORDING TO THE OFFICIAL PLAT THEREOF AS RECORDED IN THE OFFICE OF THE WASATCH COUNTY RECORDER, STATE OF UTAH.

For Reference Only:

Tax ID Nos.: 00-0021-1593, 00-0021-1594, 00-0021-1595, 00-0021-1597, 00-0021-1604, and 00-0021-1607.

As mentioned above, the current beneficiary of the Trust Deed is BRMK LENDING, LLC, a Delaware limited liability company (successor in interest by merger to BRELF II, LLC, a Washington limited liability company). The record owner of the Property as of the recording of the notice of default was HEBER HOLDINGS, LLC, a Utah limited liability company.

The successful bidder at the trustee’s sale will receive (upon payment in full of its bid) a trustee’s deed with no representations or warranties whatsoever as to the Property, title, possession, or encumbrances. At the time of the sale, bidders must tender to the Trustee a deposit in the form of a cashier’s check in the amount of Five Thousand and No/100 Dollars ($5,000.00). The deposit of the successful bidder is non-refundable and will be retained as damages if the balance of the purchase price is not paid within twenty-four (24) hours after the sale, in certified funds. The Trustee reserves the right to void the trustee’s sale after the sale based upon information unknown to the Trustee at the time of the sale, including without limitation, any bankruptcy filing. If so voided, the only recourse of the successful bidder will be to receive a full refund of the money paid to the Trustee.

Inquiries concerning this Notice of Trustee’s Sale may be directed to Randall Raban, Successor Trustee, whose mailing office address is 50 E. South Temple, Suite 400, Salt Lake City, Utah 84111; Phone:(801) 328-3600; Office Hours: Monday – Friday, 8:30 a.m. to 5:00 p.m., except holidays.

DATED September 2, 2020.

Randall Raban, Trustee

Kirton McConkie

50 E. South Temple, Suite 400

Salt Lake City, Utah 84111

(801) 328-3600

Published in The Wasatch Wave September 2, 9 and 16, 2020.

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, at the front entrance of the Fourth District Courthouse, Wasatch County, 1361 South Highway 40, Heber City, UT 84032, on September 28, 2020 at 8:30 a.m. of said day for the purpose of foreclosing the Trust Deed with Assignment of Rents (“Trust Deed”) executed by Debra Dlugolenski as Trustor, in which Bank of Utah as Trustee, and Bank of Utah as the Beneficiary, as recorded on February 7, 2017, Entry No. 434399, Book 1182, Pages 1472-1477, in the official records of Wasatch County. McNulty Finance LLC is the current beneficiary under the Trust Deed pursuant to the Assignment of Loan

Documents recorded on March 26, 2020, Entry No. 476097, Book 1286, Pages 1915-1917 in the official records of Wasatch County. The Substitution of Trustee appointing Jared W. Moss as successor trustee was recorded with the Wasatch County Recorder’s Office on May 27, 2020, as Entry No. 478514, Book 1294, Page 984.

Trustee will sell at public auction to the highest bidder without covenant or warranty as to title, express or implied, possession, condition or encumbrances, including fees, charges, and expenses of the Trustee and of the trusts created by said Trust Deed, to pay the remaining sums owing under the note secured by said Trust Deed, including delinquent property taxes, the real property situated in Wasatch County, Utah, described below:

All of Lot 226, VICTORY RANCH, PLAT U-1, according to the Official Plat thereof, on file and of record in the office of the Wasatch County Records.

Tax ID Number 00-0021-1966

The sale is subject to a bankruptcy filing, a payoff, a reinstatement or any other condition of which the Trustee is not aware that would cause the cancellation of the sale. If any such condition exists, the sale shall be void, the successful bidder’s funds returned and the Trustee and current beneficiary shall not be liable to the successful bidder for any damage.

The address of the property is purported to be 6726 North Twilight Star Circle, Heber City, Utah 84032. The undersigned disclaims liability for any error in the address. McNulty Finance LLC is the current beneficiary under the Trust Deed. The purported owner of the property as of the recording of the notice of default was Clarence Dean Alford and Debra Vaughn Dlugolenski.

Bidders must be prepared to tender to the trustee a $25,000.00 cashier’s check at the sale and a cashier’s check for the balance of the purchase price within 24 hours after the sale.

NOTICE TO TENANT

As stated in this Notice of Trustee’s Sale, this property is scheduled to be sold at public auction on September 28, 2020 at 8:30 a.m. at the Fourth District Courthouse, Wasatch County, 1361 South Highway 40, Heber City, UT 84032 to the highest bidder unless the default in the obligation secured by this property is cured. If the property is sold, you may be allowed under federal law to continue to occupy your rental unit until your rental agreement expires, or until 90 days after the date you are served with a notice to vacate, whichever is later. If your rental or lease agreement expires after the 90-day period, you may need to provide a copy of your rental or lease agreement to the new owner to prove your right to remain on the property longer than 90 days after the sale of the property.

You must continue to pay your rent and comply with other requirements of your rental or lease agreement or you will be subject to eviction for violating your rental or lease agreement.

The new owner or the new owner’s representative will probably contact you after the property is sold with directions about where to pay rent.

The new owner of the property may or may not want to offer to enter into a new rental or lease agreement with you at the expiration of the period described above.

THIS NOTICE IS AN ATTEMPT TO COLLECT A DEBT, AND ANY

INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.

Dated this 28th day of August, 2020 /s/ Jared W. Moss

Successor Trustee

JMOSS LAW LLC

PO Box 563

Midway, UT 84049

(619) 573-7900

Published in The Wasatch Wave September 2, 9 and 16, 2020.

PUBLIC NOTICES

Midway City Trails & Parks Advisory Committee

Meeting September 10, 2020

Notice is hereby given that the Midway City Trails & Parks Advisory Committee will hold a meeting at 6:00 P.M., September 10, 2020, at the Midway City Offices located at 75 North 100 West.

Published in The Wasatch Wave September 2 and 16, 2020.

NOTICE

Town of Charleston

Land Use Appeal Hearing Officer

Job Description

Job Summary

Responsible for adjudicating Land Use Appeals under applicable provisions of Title 02 Land Use Ordinance of the Charleston Town Code and Title 10.9a Part 7 of the Utah State Code. Reviews applicable State and Town Statutes and Codes and examines evidence and other relevant testimony, factors and documentation to determine a ruling.

Essential Qualifications

• Must be a member of and maintain good standing with the Utah Bar Association.

• Must show competence with the Land Use Laws of the State of Utah and the Town of Charleston, particularly the Land Use Appeal provisions.

• Must show experience with the Land Use Appeal process.

Primary Duties and Responsibilities

• Review applicant’s case and examine background.

• Check all reports and facts thoroughly.

• Research and analyze applicable laws, regulations, policies, and precedent decisions to prepare for hearings and to determine conclusions

• Prepare case decision based on applicable Charleston Town and State of Utah codes and statutes and prevailing legal precedence.

• Show justification for decision.

• Explain rulings to appellant and other parties with legal standing and how they may further appeal the case.

• Prepare written decisions in a timely manner and submit them to the Town Clerk.

Compensation

• Compensated based on an agreed to hourly rate for time spent on the appeal. Town will pay the Hearing Office directly and then the Town will be reimbursed by the appellant.

• Works on contract in an “As Needed” capacity with no retainer or other similar regular means of compensation.

Must submit resume and salary requirements to Charleston Town Clerk by September 24th, 2020 via email:

charlestontownclerk@gmail.com

or

in person at the town office at 3454 West 3400 South Monday – Thursday 9:00am – 1:00 pm.

Resumes will be reviewed at the Charleston Town Council Meeting October 1st, 2020

Published in The Wasatch Wave August 26, and September 2, 9, 16 and 23, 2020.

IN THE THIRD JUDICIAL DISTRICT COURT

SALT LAKE COUNTY, STATE OF UTAH

IN THE MATTER OF THE GENERAL DETERMINATION OF ALL THE RIGHTS TO THE USE OF WATER, BOTH SURFACE AND UNDERGROUND, WITHIN THE DRAINAGE AREA OF THE UTAH LAKE AND JORDAN RIVER IN UTAH, SALT LAKE, DAVIS, SUMMIT, WASATCH, SANPETE, AND JUAB COUNTIES IN UTAH.

PROVO RIVER DIVISION

PROVO CANYON SUBDIVISION

AREA 55, BOOK 9

Civil No. 365729848 (55-9)

Judge Laura Scott

FINAL SUMMONS

The State of Utah to the said defendant:

You are hereby summoned in the above entitled action which is brought for the purpose of making a general determination of the water rights of the described water source. Upon the service of this summons upon you, you will thereafter be subject to the jurisdiction of the entitled court and, if you have or intend to claim a water right, it shall be your duty to follow further proceedings in the above entitled action and to defend and protect your water rights therein. If you have not been served with summons other than by publication in a newspaper and you claim a water right within the area of the Provo Canyon Subdivision (55-9) for which you have not previously filed a statement of claim, you must file a statement of claim in accordance with Section 73-4-5(1) in this action setting forth the nature of your claim within ninety (90) days following the last date of publication of this summons. Your failure so to do will constitute a default in the premises and a judgment may be entered against you declaring and adjudging that you have forfeited all rights to the use of water within the Provo Canyon Subdivision and that you are forever barred and estopped from subsequently asserting such right to the use of water not claimed.

Dated this 19th day of August, 2020.

SEAN D. REYES

UTAH ATTORNEY GENERAL

BENJAMIN J. JENSEN

SARAH M. SHECHTER

Assistant Attorneys General

Attorneys for the

Utah State Engineer

1594 West North Temple

Suite 300

Salt Lake City, UT 84116

Published in The Wasatch Wave August 19 and 26, and September 2, 9 and 16, 2020.
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