96 South Main Street, PO Box 77, Nephi, Utah 84648 - Voice: 435 623-0525 - FAX: 435 623-4735 Times-News Classified Ads |
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Classified Ads For May 12, 2004 |
Cars & Trucks Go to top02 GMC SIERRA 4X4 - extended cab, 4 door, excellent condition, pewter, $20,000 or best offer. Call Joe for details. 1-435-764-0624. (ucan) 1981 PONTIAC FIREBIRD - with Chevy 400 small block engine. Primed, ready to paint. $3,500 OBO. Call (435) 527-4024 or (435) 527-3677. 1995 CHEV CORISCA - $800 OBO. Runs. Tires in good shape. Call 623-4810 evenings. 1999 FORD RANGER XLT OFF ROAD - 4x4, extended cab, black in color, off road tires, bedliner, CD player, power windows, power locks, cruise, 70K miles. Excellent condition. $9,900. Call 660-1332 or 623-4190. 72 FORD TRUCK - Fully restored, new tires/ rims. Tool box. Custom interior/ stereo (6x9s, 10s)/ CB. 360 engine, 4 speed, only 13,000 miles. Asking $5,000 o.b.o. 1-435-752-5615 (Logan), leave message. (ucan) BEAUTIFUL '66 THUNDERBIRD - Sky Blue, 428engine, very clean, great condition, tons of extras, original interior, power windows, power seats, air conditioning, runs great. Won many auto shows. Perfect for collectors! High book $17,078. Will take $11,000. See online at www.tmcn.us/tbird Call 1-801-829-3451 or 1-801-710-6621, Ask for Jeremy (ucan) HIGH QUALITY AND VALUE PRE-OWNED CARS. - Carfax Certified dealer. Warranties. Go to www.championmotors.net, Champion Motors, Inc. Delta 435-864-7513 NEW FROM ST GEORGE FORD - Shop for New or Used Vehicles at Special Low Internet Fleet Prices. www.UtahFleetSales.com (ucan) For Sale Go to top1997 FLEETWOOD MOBILE HOME - 12ft X 65 ft 3 bedroom, 2 baths washer, dryer, dishwasher 8 ft X 16 ft covered deck $25,000. Will take best offer. Call (435) 660-0397 day (435) 623-1321 evening BED - Super comfort, low price. Awesome Queen Pillow Top/mattress set. 12 yr. warranty. Lists $700, only $299. Free Delivery!. See online www.bedsutah.com. (801) 604-2002. BED - Super comfort, low price. Awesome King Pillow Top/mattress set. 12 yr. warranty. Lists $900, only $399. Free Delivery!. See online www.bedsutah.com. (801) 604-2002. BUILDING FENCES? - CHEAP steel pipe/tube. 1" $.29 foot, 1 1/2" $.29 foot, 2" $.49 foot, 2 1/4" $.58 foot, 3" $.69 foot, 3 1/2" $.98 foot. 1-800-947-0249 Metalmart Lehi, Utah. (ucan) DISCOUNTED HEADSTONES - URNS and bronze memorials. No middle-man mortuaries!!! Buy direct from the source!!! 1-877-399-0300 (ucan) FEED DEALERS - LOOMIX® the leader in liquid supplement sales has a local dealership opening. Looking for a motivated individual with ranch knowledge and community ties. Enjoy flexible hours and additional income. Call Connie @ 800-883-3817 or email ckincheloe@loomix.com. FREE 4-ROOM DIRECTV SYSTEM INCLUDING INSTALLATION - 125+ channels, including locals, from $29.99/ month. Digital picture/ sound. Limited time offer. Plus shipping. Restrictions apply 1-800-474-5079. (ucan) FREE 4-ROOM DIRECTV SYSTEM WITH INSTALLATION - 125+ channels from $29.99/ month including locals. Access 225+ channels. Digital picture/ sound. Limited time offer. Call 1-800-311-9053. (ucan) GEESE FOR SALE - Call 623-2809 anytime. HEALTHCARE FOR ENTIRE FAMILY - $99.95 monthly. No age restrictions, includes dental, Vision, pre-existing conditions accepted, unlimited usage, 500,000 doctors, 1-800-718-8660, limited time offer. (ucan) HORSE AUCTION - Diamond Of The West Supreme Sale, Saturday, May 15, 10am Golden Spike Arena, Ogden, Utah. Featuring 170 head from several states, including broke geldings, ranch, performance, youth, cutting, mares, in foal, at side, young stock with breeding, color golore, including grulla, buckskins, gray, palomino, blacks, duns, roans, black/white and etc. 1-435-286-2281. (ucan) MACINTOSH G4 SYSTEM - Power Mac G4 System, 40 gig hard drive, 512 mg memory, SCSI card, OS X 10.3.3 installed, 17 inch color monitor, AGFA Studio Star Scanner, keyboard, mouse. Two complete systems, $500 each. Call Allan at 623-0525. NEPHI - Lovely family home on .30 acres. 4 bedrooms, finished hardwood floors, new carpet, new furnace, new siding, garage. 63 W 300 N, Nephi. Robert (801) 255-5823 or Shawna (801) 754-3784. STEEL PURLINS! OVERSTOCKED - Reduced Prices! Popular Sizes and Lengths. Buy Now and Save $$ METALMART 1-800-947-0249 181 South 1200 East, Lehi. (ucan) UTAH MANUFACTURER FOR 17 YEARS PLUS - All Steel Buildings!!! Any size you want, any accessories you want, or any features you want. www.cobuildings.net or call 1-800-262-5347. CO Building Systems, Inc. Building a Reputation on "Old Fashioned Integrity". (ucan) WEDDING LISTS - We have wedding lists for all Nephi area weddings. $2 or $5. 4-D Plumbing and Builders' Supply, 66 South Main, Nephi. WEDDING LISTS - Thinking about wedding gifts? We have weddings list for $1, $2, $5 and up. Certificates may be used at All In One Dollar or Nephi Lumber Company, 1005 N. Main, Nephi. 623-0147. Real Estate Go to top1/4 ACRE BUILDING LOT FOR SALE - N. E. section of town. Curb, gutter, sidewalk. Black top on front side. $34,000. Call 623-0238. BUILDING LOT FOR SALE - at 1136 West 1400 South. 1.13 acres. Culinary water, animal rights, irrigation water. Excellent location. $55,000. Call 623-2484. BY OWNER - 4-Bedroom, 2 bath home in Nephi. 2,240 sq. ft. Victorian charm with wood floors and new roof. Fruit trees and 2 room shed. $139,900. Drive by at 207 E 200 N and then call (43) 623-2494. No agents please. CHEAPER THAN RENT! - 2 bedroom, 1 bath home on .61 acres in Levan. Good horse property. Great potential! $49,900 as is. Price will increase as improvements are made. Check it out at 185 S. Main, then call 623-5241. LOG HOME DEALERS WANTED - Great earning potential, excellent profits, protected territory, lifetime warranty. American Made &endash; Honest Value. Call Daniel Boone Log Homes 1-888-443-4140. (ucan) MOBILE HOME FOR SALE - 12 ft. x 50 ft. two bedroom, one bath. Nice. Ready to roll. Located in Heber, Utah. $1000. 1-435-654-2982. (ucan) MONA - 1/2 ACRE VIEW LOTS NOW AVAILABLE - Irrigation water and animal rights. All lots priced under $39,000. Phone Lyn Bonner at (801) 372-1070 NO DOWNPAYMENT? - PROBLEM credit? Own a new home without big downpayment. If you're motivated with $40,000+ income call American Home Partners 1-800-830-2006, visit www.americanhomepartners.com (ucan) Yard Sales Go to topMULTI-FAMILY YARD SALE - Friday, May 14 from 9 to 4 and Saturday, May 15 from 8 to 3 p.m. at 1335 North 325 East, Nebo Heights. Stove, dishwasher, clothes and alot more. MULTI-FAMILY YARD SALE - Saturday, May 15th 8 a.m. to ? at 610 South 200 East, Nephi. Weather permitting. YARD SALE - Entire estate must go. Lots of good things. Saturday, May 15th 10 a.m. to 4 p.m. NO EARLY BIRDS. 297 East 500 North, Nephi. YARD SALE - Saturday, May 15th at 78 West 500 North, Nephi. 8 a.m. to Noon. YARD SALE - Saturday, May 15th starting at 9 a.m. at 100 East and 900 North, Nephi. For Rent Go to top3 BEDROOM, 2 BATH HOME - 454 E 570 S, Nephi. $750 / month. For more information call Judy Ann at 623-4400. FOUR BEDROOM,3 BATH HOME - $700 / mo. + utilities. A/C, sprinkler system, double-car garage, fenced backyard. No smoking, no pets. $300 deposit. Call 623-2166 evenings. LARGE, SPACIOUS, NEWLY REMODELED APARTMENTS - Studio, 1, 2, & 3 bedrooms. FREE RENT incentive. W/D hookups. Absolutely NO SMOKING, NO PETS. Call today. (435) 835-4462 MOBILE HOME - 210 S 400 E #2 IN Levan, $200 a month, $50 deposit. Call 623-4711. NEPHI APARTMENT FOR RENT - Large 2 bdrm/2 bath, large kitchen & family room. Free Microwave or TV when you move in. No smoking or pets. $465/ mo. Contact Chris at (801) 319-2296. ONE AND TWO BEDROOM APARTMENTS FOR RENT IN NEPHI - No smoking, no pets. 1 bedroom, $375 per month, 2 bedroom, $400 per month. Deposit required. Call 623-0353 evenings. TWO BEDROOM APARTMENT IN NEPHI - Available now. W/D hookups. $550 per month + deposit, no smoking, no pets. Drive by at 166 N 100 W, Nephi, then call (801) 367-8574, Sam. Help Wanted Go to topCASHIERS NEEDED FOR SWING AND GRAVEYARD SHIFTS - Must be at least 21 years of age. Appy in person at Tesoro, 2050 South Main, Nephi. CIRCULATOR/PETITIONER - VERY good money protecting Utah's hiking, hunting and wild land. All counties 1-801-596-7296, 1-435-865-7730 or 1-800-596-7088. (ucan) CRYOGENIC TRANSPORTATION - NEW terminal opening. Teams and solos wanted. $1000.00 Sign on bonus, High weekly miles. Quick/Easy Load/Unload. Local/Regional & OTR Lease purchase avail. Paid orientation. 1-866-339-0072. (ucan) DRIVER - COVENANT TRANSPORT. Teams and solos check out our new pay plan. Owner operators, experienced drivers, solos, teams and graduate students. Call 1-888-MOREPAY (1-888-667-3729). (ucan) DRIVER - DRIVE REGIONAL! Over-the-road &endash; lots of miles. Great company and benefits. www.primeinc.com 1-800-771-6318. (ucan) DRIVERS... - NEW SPEED-65mph! $2500 Experienced driver sign on bonus! New trainee pay! Van, Flatbed & Autohaul. CDL Training Available. Swift Transportation 1-888-490-8343 www.SwiftTruckingJobs.com (ucan) NEPHI CITY WILL ACCEPT APPLICATIONS - until 5:00 p.m. on Monday, May 17, 2004 for the positions of certified lifeguard and water safety instructor. Application forms are available at city hall, and completed applications should be delivered to the office of the Nephi City Recorder by the above deadline. Nephi City is an equal opportunity employer. NOW HIRING FOR ALL POSITIONS FOR THE COOKERY RESTAURANT. - Apply in person inside Flying J. See J.J. SALES RESPRESENTATIVE - $100,00+ Quality Wholesale Homes seeks aggressive individuals to join corporate staff in beautiful St. George, UT. Base/commission. Confidential interview. 1-800-242-0060 Ext 115. (ucan) Notices Go to topADVERTISER NOTICE - The Times-News does not endorse, promote or encourage the purchase or sale of any product or service advertised in this newspaper. Advertisements are the sole responsibility of the advertiser. The Times-News hereby disclaims all liability for any damage suffered as the result of any advertisement in this newspaper. The Times-News has the sole authority to edit and locate any classified advertisement as deemed appropriate. The Times-News reserves the right to refuse any advertising. Com. Services Go to top$$CASH$$ CASH NOW FOR STRUCTURED SETTLEMENTS - annuities, and insurance payouts. 1-800-794-7310. J.G. Wentworth... JG Wentworth means cash now for structured settlements. (ucan) WINDSHIELD CHIP REPAIR - Available 6 to 8 p.m. evenings. $15.00. Call Heath at 660-1999. Wanted Go to top$$ SNOW CATS WANTED $$ - Pay cash. Any type or condition. Call for offer. We buy and sell throughout U.S. Snow Operations training, Colorado. 1-800-485-7669. (ucan) WANTED TO BUY - MOTOR HOME - 10 - 15 years old. Sleeps 2 - 3 people, road ready. Call (435) 846-9008 in Delta and leave message. Bus. Opportunities Go to topGOVERNMENT AND POSTAL JOBS - Public announcement. Now hiring from $12-$48/hour. Full/ Part positions. Benefits and training for application and info. 1-800-573-8555 Dept P-388 8am-11pm/ 7days (ucan) LIFE IS TOO SHORT! - Isn't it time you realized your dream with your own home business? I am looking for business partners. 1-801-404-0733, 1-435-731-0021. (ucan) LIFETIME OPPORTUNITY - Managers and leaders needed. 18 year old Christian-based company Air and water purification. In business for yourself &endash; not by yourself $35.00 investment www.ecoquestintl.com/ldn 1-800-300-6300. (ucan) TIRED OF BEING A LABORER FOR SOMEONE ELSE? - Own your own landscape curbing business. Income potential $100,000 plus! $29,000 Equipment/Training. Use home equity. 1-801-792-5550 (ucan) WORK FROM HOME AND LOVE IT - Want more time with family? Tired of living paycheck to paycheck? Want to earn $1,000 to $10,000/week? Call to learn more, 1-877-760-3255. (ucan) Legals Notices Go to top LAWFUL NOTICE United States et al; Respondents, Defendants, including but not limited to Internal Revenue Service, and all Whomever else it May Concern; Declaration to Quiet Title We, David O. Hendrickson and Lori C. Hendrickson , have chosen to proceed in their own right, obligation and power to choose the Applicable Law, within the proper territorial application in which I was born or having acquired. This would include but not be limited to the principle of "Law" and equity, the law merchant and the law relative to capacity to contract, principal and agent, doctrines of law of the case, res judicata, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating cause, pertaining to my Special Status, Character and position as a Free Sovereign, in the Utah. Republic/Commonwealth/state. We, David O. Hendrickson and Lori C. Hendrickson , choose to live up to the obligations and enjoy the rights of our Birthright and/or the sovereignty we have acquired through declaration and asseveration, being born or having acquired sovereignty within one of the several territorial states of the Several States of the united States of America. We are each a Private Party, a Natural God Created entity, and NOT a subject of the United States nor subject to "its" jurisdiction, as "it" has no Constitutional jurisdiction except in the District of Columbia and "its" possessions. Absolutely no voluntary contract/s exist where we knowingly, willingly or intentionally waived or gave up our Natural, Constitutional or Common Law rights to our Private Party status in order to become federally "privileged" persons subject to equity, admiralty, maritime or administrative law jurisdiction or venue. Further, anyone desiring to challenge our status, character or position must present such challenge in written affidavit form to the undersigned within 30 days of the final publication of this notice or be forever estopped from doing so in the future without our knowing, willing and intentional approval. "With reservations of all Natural, Constitutional, Common Law & Birth rights, not to be compelled to accept any unrevealed benefit, contract, or commercial agreement, nor subject to any unrevealed presumption, or silent Judicial Notice." Use of Public Notary is for purposes of signature identification only and the affiant accepts no foreign jurisdiction by the use thereof. Attested and Acknowledged Signatures David O. Hendrickson and Lori C. Hendrickson c/o 1660 East Wasatch Drive Ogden, Utah state PZC: [84403] Non Domestic Mail Location, (without that United States as defined at 26USC7701(a)(9) Published in The Times-News, Nephi, Utah on 4/28/2004, 5/5/2004, and 5/12/2004. NOTICE OF PUBLIC HEARING Nephi City will hold a public hearing at 7:15 pm on Tuesday, May 25, at the Nephi City Public Safety Building at 42 East 200 North Street. The purpose of the hearing is to receive public comment on a zone change request from Wright Family Properties. The property involved is 10.9 acres and is located on 400 East Street, between approximately 750 South and 1050 South. The request is to change the zoning from R-1-H to R-1-8, to accommodate an 8,000 square feet minimum lot size in a planned subdivision on the property. If you need assistance in order to participate in this hearing, please contact Blair Painter at 623-0822. Published in The Times-News, Nephi, Utah on 5/12/2004, and 5/19/2004. NOTICE OF SETTLEMENT OF CLASS ACTION IN THE FOURTH JUDICIAL DISTRICT COURT UTAH COUNTY, STATE OF UTAH DOROTHY J. MONSON, an individual, CEDAR POINTE EQUITIES, INC., a Utah corporation, BACK CREEK, L.C. D/B/A AUTUMN GLEN APARTMENTS, a Utah limited liability company, PENTALON CORPORATION, a Utah corporation, NEW BROADWAY CENTRE L.P., a Delaware limited partnership, for themselves and all others similarly situated, Plaintiffs, v. UTAH STATE TAX COMMISSION and STATE OF UTAH, Defendants. NOTICE OF SETTLEMENT OF CLASS ACTION Civil No. 010402468 Judge Lynn W. Davis TO: ALL PERSONS, INCLUDING ENTITIES, WHO PURCHASED FLOOR COVERINGS AND PAID UTAH SALES OR USE TAX THEREON ON OR AFTER DECEMBER 22, 1997, WHERE THE PURCHASE INCLUDED HAVING THE SELLER INSTALL OR ARRANGE FOR THE INSTALLATION OF THE FLOOR COVERING. PLEASE READ THIS NOTICE VERY CAREFULLY AND IN ITS ENTIRETY. YOUR LEGAL RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THIS LITIGATION. This Notice is being provided pursuant to an order of the Fourth Judicial District Court for the State of Utah sitting as a Tax Court (the "Tax Court"). The purpose of this Notice is to inform you of the proposed settlement of this class action litigation and of the hearing to be held by the Court to consider the fairness, reasonableness, and adequacy of the settlement. This Notice describes the rights you may have in connection with the settlement and what steps you may take in relation to the settlement and this class action litigation. I. THE LITIGATION. On December 22, 2000, five taxpayers (the "Representative Taxpayers") filed with the Utah State Tax Commission (the "Tax Commission") a request for refund of the Utah sales or use tax each had overpaid on floor coverings which they had purchased on the basis that the seller would install or arrange for the installation of the floor covering (a "furnish and install purchase" or a "furnish and install sale"). The Representative Taxpayers also filed the above-captioned matter before the Tax Court on December 22, 2000, in order to facilitate obtaining refunds on behalf of all members of the class (the "Litigation"). Under Utah law, sales or use tax should not be collected on a furnish and install sale, but there has been confusion about the proper handling of sales tax on such sales. The Tax Commission granted the Representative Taxpayers' refund requests, issuing each of the Representative Taxpayers a refund of sales or use taxes paid on their furnish and install purchases of floor coverings. The State of Utah and the Tax Commission, however, vigorously argued to the Tax Court that class actions are not available in tax refund matters and that the refund requests on behalf of a class were otherwise inappropriate as a matter of law. The State of Utah and the Tax Commission filed two separate motions to dismiss, both of which were denied by the Tax Court. They sought interlocutory appellate review of their first motion to dismiss by the Utah Supreme Court, which was denied. They also asked the Tax Court to reconsider its denial of their first motion to dismiss, which the Court refused to do. The Representative Taxpayers filed a motion to certify the Litigation as a class action. This motion was also vigorously opposed by the Tax Commission. After considering the arguments of the parties, the Tax Court, by an order dated June 25, 2003, certified the Litigation as a class action under the provisions of Rule 23 of the Utah Rules of Civil Procedure, appointed the Representative Taxpayers as representatives of the class, and designated Mark K. Buchi, Greggory J. Savage, Steven P. Young and their law firm, Holme Roberts & Owen LLP, as counsel for the class ("Class Counsel"). After the class was certified, the State of Utah and the Tax Commission again sought appellate review from the Utah Supreme Court, which was denied. Class Counsel and representatives of the State of Utah and the Tax Commission have participated in substantial negotiations over a period of several months which have resulted in the settlement described below. II. THE PROPOSED SETTLEMENT. As a direct result of the prosecution of the refund claims and the Litigation and the negotiations between the parties, a settlement agreement was reached. The terms of the agreement are set forth in a written document dated March 2, 2004. In summary, the settlement is as follows. The State of Utah agrees to refund the difference between the sales or use tax that was improperly collected on furnish and install sales of floor covering and the tax due on the cost of the materials used. However, in no event shall the State's obligation to pay refunds exceed $9,000,000. If the total amount of refunds due to the class, plus interest, is more than $9,000,000, each refund shall be prorated. In the event that the total claims of the class, including interest, are less than $9,000,000, the State's payment obligation shall not exceed the total of all claims submitted, plus interest. Class Counsel must identify and submit the claims of all class members and class claims to the Tax Commission by December 1, 2004. The State will then review and the Court will approve the claims, and the State will issue a refund check to Class Counsel on or after July 5, 2005 for the total amount of the refund. After Class Counsel has paid the court-approved attorneys' fees and costs out of the refund amount, Class Counsel shall issue refund checks to each of the class members. Upon receipt and negotiation of the total refund amount due to him/her/it, each member of the class will be deemed to release the State of Utah and its agencies and employees from any claim related to the collection of Utah sales or use tax overpaid on a furnish and install purchase. Class Counsel believes the terms of the settlement are fair, reasonable and adequate and in the best interest of the class. Class Counsel will attempt to identify all claims by reviewing vendor records, however, if you would like to ensure that you are considered for a refund, you may submit to Class Counsel your invoice or other documentation evidencing a furnish and install purchase on which sales or use tax was paid between December 22, 1997 and the current date. This information should be as soon as possible, but no later than September 1, 2004, to Class Counsel at Holme Roberts & Owen LLP, Attention: Dee Heugly, 299 South Main Street, #1800, Salt Lake City, Utah, 84111. As a class member, you should retain all of your records pertaining to the payment of sales or use taxes on furnish and install purchases of floor coverings since December 22, 1997 in case the records are not available from the vendors. III. ATTORNEYS' FEES AND COSTS. Class Counsel are entitled to be compensated for their efforts on behalf of those entitled to refunds and for their risk in undertaking the representation of the class on a contingency basis. Class Counsel will request a fee equal to one-third (1/3) of the gross amount of refunds obtained for all taxpayers. Class Counsel has advanced costs for the benefit of the class and will be required to advance additional costs in furtherance of the settlement, e.g. costs of obtaining invoices and costs of publishing this notice. Accountants retained by Class Counsel to assist in the process of gathering invoices also undertook their work on a partially contingent basis and will not have been paid in full for their services. Class Counsel will seek reimbursement of these cost amounts incurred on behalf of the class from the total refunds obtained for the class. IV. HEARING ON PROPOSED SETTLEMENT. On August 12, 2004, at 9:00 a.m., the Court will hold a hearing in the Fourth Judicial District Courthouse at 125 N. 100 W., Courtroom #301, Provo, Utah, in the courtroom of Judge Lynn W. Davis. The purpose of the hearing will be to determine: (a) whether the settlement should be approved as fair, just, reasonable and adequate; and (b) the amount of attorney's fees and costs to be awarded to Class Counsel and those retained to assist Class Counsel. The Court may adjourn or continue the hearing by oral announcement at such hearing or at any adjournment without further notice of any kind. Any class member may, but is not required to, enter an appearance in the Litigation and be represented by counsel of his, her or its choice and expense. Any class member who does not enter an appearance will be represented by Class Counsel. Any class member who objects to any aspect of the settlement may appear and be heard at the hearing. Any such person must submit a written notice of objection, mailed or hand delivered such that it is received on or before July 15, 2004, at 5:00 p.m. (MDT), by each of the following: (1) Clerk of the Fourth Judicial District Court, 125 N. 100 W., Provo, Utah 84601; (2) Dee Heugly, Holme Roberts & Owen LLP, 299 South Main Street, #1800, Salt Lake City, Utah, 84111; and (3) Clark L. Snelson, Assistant Attorney General, 160 East 300 South, Fifth Floor, P.O. Box 140874, Salt Lake City, Utah 84114-0874. Your notice should reference the above-captioned matter. V. OPTION TO OPT-OUT. If you wish to "opt out" or be excluded from the class, you must give notice of your decision to opt out of the class. Such notice must be in writing, postmarked on or before July 15, 2004. Persons who request to opt out of the class will not be entitled to share in the benefits of the settlement or any other orders and judgment that have been entered by the Court in the Litigation, will not have their interests represented by Class Counsel and will be responsible to pursue any claim for a refund on their own and at their own costs and expense. In making a decision to opt out of the class, it should be considered that participation in the class action will allow for refunds on purchases extending back to December 22, 1997, that a refund amount will be calculated in the same manner whether or not you remain a member of the class and that, based on the common fund doctrine, Class Counsel will seek to collect a fair attorney fee in connection with your refund in the event you opt out. But for the class action, refund requests are barred after three years from the date the sales or use tax was overpaid (i.e. the date of purchase). Notices that you wish to opt out of the class should be sent to Class Counsel at Holme Roberts & Owen LLP, Attention: Dee Heugly, 299 South Main Street, #1800, Salt Lake City, Utah, 84111. The notice should state your name and address, that you wish to be excluded from the class in the above-captioned matter, be signed by you and identify the vendor(s) from which you made your furnish and install purchase(s). IF YOU CHOOSE TO REMAIN A MEMBER OF THE CLASS, YOU WILL BE BOUND BY THE TERMS OF THE SETTLEMENT AND BY ANY ORDER OR JUDGMENT ENTERED BY THE COURT. This Notice is a summary and does not describe all of the details of the Settlement or Class Counsel's request for an award of attorney's fees and costs. For full details of the matters discussed in this Notice, you may desire to review the motion for approval of the settlement and the motion for an award of attorneys' fees and costs filed with the Court, which may be inspected during business hours, at the office of the Clerk of the Court, 125 N. 100 W., Provo, Utah 84601. For further information regarding this settlement you may contact: Dee Heugly, Holme Roberts & Owen LLP, 299 South Main Street, #1800, Salt Lake City, Utah 84111, telephone: (801) 323-3271; facsimile: (801) 521-9639 or e-mail: settlement@hro.com. UNDER NO CIRCUMSTANCES SHOULD YOU ATTEMPT TO TELEPHONE THE COURT, THE CLASS ACTION JUDGE OR HIS CLERKS. THE COURT IS ILL-EQUIPPED TO HANDLE THE QUANTITY OF POTENTIAL INQUIRIES AND, IN ADDITION, THE COURT CANNOT GIVE LEGAL ADVICE. DATED this 3rd day of May, 2004. /s/ LYNN W. DAVIS The Honorable Lynn W. Davis Published in The Times-News, Nephi, Utah on 5/12/2004, 5/19/2004, and 5/26/2004, 6/2/2004. NOTICE OF TRUSTEE'S SALE On the 25th day of May, 2004, at the hour of 12:00 p.m., of said day, at the Entrance of the Fourth Judicial District Court, 160 N. Main, Nephi, Utah, 84648, Nathan S. Dorius, as Substitute Trustee, will sell at public auction, to the highest bidder, for cash, in lawful money of the United States, payable at the time of sale, the following described real property (together with all buildings, fixtures, and improvements thereon) situated in Juab County, State of Utah, and more particularly described as follows: Parcel 1: All of Lot 4, Block 38, Plat "A", Levan Townsite Survey, Levan City, Juab County, Utah, according to the official plat thereof. EXCEPTING therefrom all coal, oil, gas and all other minerals. Parcel 2: All of Lot 3, Block 38, Plat "A", Levan Townsite Survey, Levan City, Juab County, Utah, according to the official plat thereof. EXCEPTING therefrom, the West 172 feet thereof. EXCEPTING therefrom all coal, oil, gas and all other minerals. Parcel 3: Beginning at the Northeast corner of Lot 1, Block 38, Plat "A", Levan Townsite Survey; thence South 56; thence West 105 feet; thence South 2 feet; thence West 21 feet; thence North 58 feet; thence East 126 feet, more or less, to the point of beginning. EXCEPTING therefrom all coal, oil, gas and all other minerals. PROPERTY ADDRESS: 89 North Main, Levan, Utah 84639 TAX NUMBERS: XA-1091; XXA-1090-1; XA-1088 Said sale will be made without covenant or warranty regarding title, possession, or encumbrances to satisfy the obligation secured by and pursuant to the power of sale conferred in the Deed of Trust, dated February 26, 2002 executed by SPEEDY TURTLE PETROLEUM, INC. as Trustor, to FAR WEST BANK, as Beneficiary/Trustee, to secure obligations in favor of FAR WEST BANK, as Beneficiary, recorded on March 1, 2002, as Entry No. 00226504, Book 433, Pages 369, et seq, and re-recorded on April 16, 2002, as Entry No. 00226943, Book 434, Pages 808, et seq, in the official records of the Juab County Recorder, State of Utah 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. Notice of Default, dated January 16, 2004 was recorded on January 21, 2004 as Entry No. 00234078, in Book 0460, at Page 922, et seq., in the official records of the Juab County Recorder, State of Utah. The name of the current owner of the property being foreclosed is: Speedy Turtle Petroleum, Inc. The name of the current beneficiary is: Far West Bank. DATED this 23rd day of April, 2004. "TRUSTEE" (Signature) Nathan S. Dorius Robinson, Seiler & Glazier, LC 80 North 100 East P.O. Box 1266 Provo, UT 84603-1266 Telephone: (801) 375-1920 Published in The Times-News, Nephi, Utah on 4/28/2004, 5/5/2004, and 5/12/2004. 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 time of sale, without warranty as to title, possession or encumbrances, at the front foyer of the Juab County Center, 160 N. Main, Nephi, Utah on the 25th day of May, 2004 at 10:00 A.M. of said day: Parcel Nos. XA-1083-11 and XA-1083-12 All of Lot 1, Block 37, Plat "A" of the Levan Townsite Survey excepting therefrom the West 5.5 feet of said Lot. Commonly known as 110 West Center, Levan, Utah 84639. The Trust Deed being foreclosed is dated December 21, 1998, and was executed by Gloria Hunter Romano, Gloria Mason Hunter and Gloria Hunter, as Trustors, and in favor of Bank of American Fork, as beneficiary and recorded on December 23, 1998, as Entry No. 215358, in Book 399, Page 369, of the records of Juab County, Utah. The present owners are reported to be Gloria Mason Hunter and Gloria Hunter. Bidders must tender to the trustee a $5,000.00 deposit at the sale and the balance of the purchase price by 12:00 noon the day following the sale. The purchase price must be paid to trustee in the form of a wire transfer, cashier's check or certified funds. Cash payments are not accepted. DATED: April 26, 2004 JUAB TITLE & ABSTRACT COMPANY, Trustee (Signature) By: Mary Lou Sperry, President 240 North Main Nephi, UT 84648 Telephone (435) 623-0387 Published in The Times-News, Nephi, Utah on 4/28/2004, 5/5/2004, and 5/12/2004. NOTICE OF TRUSTEES SALE APN: xa-0580-1 T.S. NO. 1029904-07 REF: Rick Swift TRA: LOAN NO. 0800611915. IMPORTANT NOTICE TO PROPERTY OWNER: YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED June 21, 1999. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. On June 03, 2004, at 10:00am, James H. Woodall, as duly appointed Trustee under a Deed of Trust recorded June 30, 1999, as Inst. No. 00217341, in Book 0404, Page 0338, of the Official Records in the office at the County Recorder of Juab County, State of Utah, executed by Rick Swift and Robin Swift, Husband And Wife, As Joint Tenants With Full Right Of Survivorship., will sell at public auction to highest bidder, payable in lawful money of the United States at the time of sale. Successful bidders must tender a deposit of $5,000 in certified funds to the trustee at the time of sale, with the balance due by noon the following business day, at the office of the Trustee. At the main entrance of the Juab County District Court 160 North Main Nephi Utah all right, title and interest conveyed to and now held by it under said Deed of Trust in the property situated in said County and State described as: The North 109 feet of lot 2, block 18, plat "B" of the Nephi Townsite Survey. The street address and other common designation of the real property described above is purported to be: 565 South 200 East Nephi Ut 84648. Estimated Total Debt as of June 03, 2004 is $137,355.75. The undersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. Said sale will be made without covenant or warranty, express or implied, regarding title, possession, condition or encumbrances, including fees, charges and expenses of the Trustee and of the trusts created by said Deed of Trust, to pay the remaining principal sums of the note(s) secured by said Deed of Trust. The current beneficiary of the Trust Deed as of the date of this notice is: Bank One, National Association, as Trustee. The record owner of the property as of the recording of the Notice of Default is/are: Rick Swift and Robin Swift. Dated April 22, 2004. James H. Woodall 10653 River Front Parkway, Suite 290 South Jordan Ut 84095 (801)254-9450 Hours: 9:00 AM &endash; 5:00 PM Signature/by: James H. Woodall, Trustee R-108108 05/05/04 05/12/04 05/19/04 Published in The Times-News, Nephi, Utah on 5/5/2004, 5/12/2004, and 5/19/2004. PUBLIC HEARING Nephi City will hold a public hearing at 8:20 p.m. on Tuesday, May 18, 2004 at the Nephi City Public Safety Building at 42 East 200 North Street. The purpose of the hearing is to accept public comment on a proposed amendment to the zoning ordinance. The amendment will revise the requirements for travel trailer parks to be located on a collector or arterial street. The text of the proposed amendment is available for review at the office of the Nephi City Recorder. If you need assistance in order to participate in this hearing contact Blair Painter at 623-0822. Published in The Times-News, Nephi, Utah on 5/5/2004, and 5/12/2004. PUBLIC NOTICE The Nephi Planning Commission will hold a public hearing on Thursday May 13, 2004 at 7:00 in the Juab County Commission Chambers located at 160 North Main. The purpose of the hearing is to receive public comment on a request by Sally Sparks to operate a Massage Therapy business out of her home located at 1347 North 600 East in Nephi. Published in The Times-News, Nephi, Utah on 4/28/2004, 5/5/2004, and 5/12/2004. PUBLIC NOTICE The Juab County Planning Commission will hold a public hearing on Thursday May 13, 2004 at 7:30 PM in the Juab County Commission Chambers located at 160 North Main in Nephi. The purpose of the hearing is to receive public comment on a request from Sharon Michaels to operate a food stand out of her home near Mona. Published in The Times-News, Nephi, Utah on 4/28/2004, 5/5/2004, and 5/12/2004. SUMMARY OF JUAB COUNTY ORDINANCE NUMBER 5-3-2004A Juab County Ordinance number 5-3-2004A delegates certain policy responsibility to the Juab County Library Board and provide basic guidelines and procedures for Board operation; identifying the library board of directors, officers, officer's duties, meetings, committees and delegated powers and duties. A complete copy of the ordinance is available in the office of the Juab County Clerk, 160 North Main, Suite 104, Nephi, Utah, with the names of the members of the County Commission for and against the ordinance. JUAB COUNTY COMMISSION W. Boyd Howarth voting AYE Robert Steele voting AYE Neil Cook voting AYE Published in The Times-News, Nephi, Utah on 5/12/2004. SUMMARY OF JUAB COUNTY ORDINANCE NUMBER 5-3-2004B Juab County Ordinance number 5-3-2004B repeals and reenacts Chapter 16-2, Juab County Code of Ordinances, imposing a transient room tax for Juab County, Utah; identifying the purpose for which the tax is imposed; providing definitions; providing collection and remittance procedures; providing appeal procedures; and providing an effective date. A complete copy of the ordinance is available in the office of the Juab County Clerk, 160 North Main, Suite 104, Nephi, Utah, with the names of the members of the County Commission for and against the ordinance. JUAB COUNTY COMMISSION /s/ William Boyd Howarth, Chairman W. Boyd Howarth voting AYE Robert Steele voting AYE Neil Cook voting AYE Published in The Times-News, Nephi, Utah on 5/12/2004. |