Supplement re Berry Knoll Sale

CALLISTER NEBEKER & McCULLOUGH
JEFFREY L. SHIELDS (2947)
[email protected]
MARK L. CALLISTER (6709)
[email protected]
ZACHARY T. SHIELDS (6031)
[email protected]
MICHAEL D. STANGER (10406)
[email protected]
Zions Bank Building Suite 900
10 East South Temple
Salt Lake City, UT 84133
Telephone: (801) 530-7300
Facsimile: (801) 364-9127
Attorneys for Bruce R. Wisan, as the Court-Appointed Special
Fiduciary of the United Effort Plan Trust
IN THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY
STATE OF UTAH
IN THE MATTER OF
THE UNITED EFFORT PLAN TRUST,
TRUSTEES I THROUGH IX
(Dated November 9, 1942, Amended April 10,
1946, and Amended and Restated on
November 3, 1998); and its, TRUSTEES,
including known trustees TRUMAN
BARLOW, WARREN JEFFS, LEROY
JEFFS, WINSTON BLACKMORE, JAMES
ZITTING and WILLIAM E. JESSOP a/k/a
WILLIAM E. TIMPSON and DOE
SUPPLEMENT TO MEMORANDUM IN
SUPPORT OF MOTION TO APPROVE
SALE OF BERRY KNOLL
Civil No. 053900848
Judge: Denise P. Lindberg
Bruce R. Wisan, in his capacity as the Court Appointed Special Fiduciary (“Fiduciary”)
of the United Effort Plan Trust (“Trust” or “UEP”), by and through counsel, supplements the
Memorandum in Support of Motion to Approve Sale of Berry Knoll dated February 28, 2014
(“Memorandum”), as follows:
1.
Attached hereto as Exhibit A is the final form of the Purchase and Sale
Agreement, which is the “Agreement” discussed in ¶ 15 of the Memorandum.
2.
Paragraph 3 of the LOI and paragraph 18 of the Memorandum are deleted because
the Right of First Refusal is no longer part of the Agreement.1
3.
The heading in the Memorandum just prior to paragraph 4 at the bottom of page 2
which mistakenly states “Description of Block 45” is amended to accurately state “Description
of Berry Knoll.”
Dated this 11th day of March, 2014.
CALLISTER NEBEKER & McCULLOUGH
/s/ Jeffrey L. Shields
Jeffrey L. Shields
Attorneys for the Special Fiduciary of the
United Effort Plan Trust
1
The Parties to the Agreement mistakenly believed that the property subject to the Right
of First Refusal was owned by the Trust, but have since learned that it is not.
616544.1
2
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing SUPPLEMENT TO
MEMORANDUM IN SUPPORT OF MOTION TO APPROVE SALE OF BERRY
KNOLL was served via the Court’s electronic filing notification system to e-filers as indicated
on the Court Service List Report and via United States Mail, first class postage prepaid, as
indicated below, on this 11TH day of March 2014:
Sandra R. Kane
Brad Kevin Keogh
Arizona Attorney General’s Office
1275 West Washington Street
Phoenix, AZ 85007
Matthew V. Hess
Armstrong Law
257 E. 200 S., Suite 410
Salt Lake City, UT 84111
/s/ Nancy Jo Potter_____________
616544.1
3