DISPOSITION OF COLLATERAL To:

84101 | 12/31/1969 | Ad id: 9-00065461
Details

DISPOSITION OF COLLATERAL

To: Talisker Finance LLC; Tuhaye LLC; United Park City Mines Company; Mountain Developments I, Inc.; Tuhaye Golf, LLC; Mountain Resorts Development (Pioche), LLC; Tuhaye Elm, Inc.; Tower Club LLC; Talisker Club LLC; Talisker Developments Inc.; Talisker Investments (Canada) Inc.; Talisker Investments (U.S.) Inc.; and Talisker Partnership

From: Secured Creditor Wells Fargo Bank, N.A. (see below for name, address, and telephone number for contacting Wells Fargo Bank)

Name of Debtor: Talisker Finance LLC

Description of Collateral to be sold:

Wells Fargo Bank, N.A. (“Wells Fargo”) will sell the collateral described below at public auction to the highest bidder, payable in lawful money of the United States:

• All accounts, now due and payable, and becoming due and payable in the future, owed by Talisker Club LLC to Talisker Finance LLC, which is believed to be in the total amount, as of December 31, 2016, of $12,156,779. (Please note that, at an auction conducted February 29, 2016, pursuant to Article 9 of the Utah Uniform Commercial Code, Utah Code Ann. § 70A-9a-101, et. seq., Wells Fargo purchased the “Talisker Club LLC payment obligation of approximately $21,454,088, owed to Talisker Finance LLC.” It has subsequently been determined that, because fully accurate information was not available at the time of that auction, the amount of this account was significantly overstated. Due to this error, at the upcoming public auction this account will be re-sold in what is now believed to be the correct amount of the account, as stated above.)

• All accounts, now due and payable, and becoming due and payable in the future, owed by Talisker Club LLC to Tuhaye LLC, which is believed to be in the total amount, as of December 31, 2016, of $8,606,251. (Please note that, at an auction conducted February 29, 2016, pursuant to Article 9 of the Utah Uniform Commercial Code, Utah Code Ann. § 70A-9a-101, et. seq., Wells Fargo purchased the full amount then believed to be owed by Talisker Club LLC to Tuhaye LLC, which was $8,554,295. At the upcoming public auction the additional amount that has become due and payable - $51,956 – will be sold, together with all accounts becoming due and payable in the future.)

• All accounts, now due and payable, and becoming due and payable in the future, owed by Tower Club LLC (fka Empire Pass Club LLC) to Talisker Finance LLC, which is believed to be in the amount, as of December 31, 2016, of $13,622,060.

• All accounts, now due and payable, and becoming due and payable in the future, owed by Tower Club LLC (fka Empire Pass Club LLC) to United Park City Mines Company, which is believed to be in the amount, as of December 31, 2016, of $27,840.

• All accounts, now due and payable, and becoming due and payable in the future, owed by Tuhaye Golf, LLC to Talisker Finance LLC, which is believed to be in the amount, as of December 31, 2016, of $1,406,164.

• All accounts, now due and payable, and becoming due and payable in the future, owed by Tuhaye Golf, LLC to Tuhaye LLC, which is believed to be in the amount, as of December 31, 2016, of $306,689.

• All accounts, now due and payable, and becoming due and payable in the future, owed by Tuhaye Golf, LLC to United Park City Mines Company, which is believed to be in the amount, as of December 31, 2016, of $14,963.

The auction will be held on February 17, 2017 at 11:00 o’clock a.m., at the following location:

Jones Waldo Holbrook & McDonough

170 South Main Street, Suite 1500

Salt Lake City, Utah

Terms: The separate items of collateral may be sold individually or, in the discretion of the auctioneer at the time of the auction, two or more (or all) items of collateral may be sold together as a package. Wells Fargo Bank, N.A. may credit bid for any of the items of collateral at the sale. Any other party who is the successful bidder must be prepared to tender payment in full, in lawful money of the United States, by 5:00 o’clock p.m. on the day of the sale. If timely payment is not made, the auctioneer may either sell the property to the next highest bidder or sell the property again in a subsequent auction. There is no warranty of title with respect to any of the property to be sold. The sale is subject to workout, reinstatement, payoff, sale cancellation, or postponement, incorrect bidding instructions, bankruptcy, or any other circumstance of which Wells Fargo Bank, N.A. is unaware. In the event that any of the foregoing applies, the sale will be void and the successful bidder’s funds will be returned without any liability of or by Wells Fargo Bank, N.A. for interest or any other damages.

Right to an Accounting: The Debtor is entitled to an accounting of its unpaid indebtedness to Wells Fargo Bank, N.A.

Information: Any requests for information or other related inquiries should be directed to:

George W. Pratt

Jones Waldo Holbrook & McDonough

170 South Main Street, Suite 1500,

Salt Lake City, Utah

801-534-7334

Attorneys for Wells Fargo Bank, N.A.

DATED this 30th day of January, 2017.

JONES WALDO HOLBROOK & McDONOUGH

George W. Pratt

Attorneys for Wells Fargo Bank, N.A.

PUBLISHED IN THE PARK RECORD ON WEDNESDAY FEBRUARY 1, 2017.