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PUBLIC NOTICE OF UCC ARTICLE 9 SALE: Sky Capital Group LLC d/b/a Roady’s Truck Stops

NOTIFICATION OF DISPOSITION OF COLLATERAL

April 10, 2024

From: SCOTT W. MOSCRIP REVOCABLE TRUST (“Creditor”)
To: SKY CAPITAL GROUP LLC, an Idaho limited liability company

d/b/a ROADY’S TRUCK STOP (“Debtor”)

MATT PATTERSON (“Guarantor”)

Delivery Method: Sent by First Class Mail and Certified Mail Return Receipt Requested to Debtor and the persons listed on Exhibit B.

SECURITY AGREEMENT: THAT CERTAIN SECURITY AGREEMENT (together with any and all modifications or amendments, the “Security Agreement”) described as follows:

Date: August 30, 2019
Debtor: Sky Capital Group LLC d/b/a Roady’s Truck Stop
800 West Main Street, Suite 1460
Boise, Idaho 83702
Attention:  Scott Rhinehart, Interim CEO
Guarantor: Matt Patterson
2929 West Navigator Drive, Suite 300
Meridian, Idaho 83642
Creditor: Scott W. Moscrip Revocable Trust
c/o Olympus Wealth Management
PO Box 8637
Midvale, Utah 84047
Creditor’s Counsel: Jacob Sparks, Esq.
Nelson Mullins Riley & Scarborough LLP
5830 Granite Parkway, Suite 1000
Plano, Texas 75024
Tel:     (469) 484-4758
Email: [email protected]
Financing Statement: UCC Financing Statement filed with the Idaho Secretary of State at File No. 20195649880.
Collateral: The collateral described in Exhibit A (collectively, the “Collateral”).

 Sale: Creditor will sell the Collateral to the highest qualified bidder in public as follows:

Date: April 26, 2024
Time: 1:00 p.m. (CDT)
Place: The sale will be conducted utilizing Microsoft Teams. Persons may attend using the Microsoft Teams application or by telephone.

Using Microsoft Teams:
Meeting ID: 297 076 536 583
Passcode: mkXNbA

Dial-in by phone:
+1 202-792-3440,,502167284# United States, Washington DC
Phone conference ID: 502 167 284#

Any interested party may obtain additional information about how to attend the sale by contacting undersigned counsel.

Method: Public sale to the highest qualified bidder.

Debtor is entitled to an accounting of the unpaid indebtedness. Creditor will charge $50.00 for such accounting.  An accounting may be obtained by contacting undersigned counsel.

NELSON MULLINS RILEY & SCARBOROUGH LLP represents Creditor, and any interested party may communicate with Creditor through undersigned counsel, whose name, address, telephone number, and email address are set forth below in the signature block.

THERE IS NO WARRANTY RELATING TO TITLE, POSSESSION, QUIET ENJOYMENT, OR THE LIKE IN THIS DISPOSITION. THE COLLATERAL WILL BE SOLD “AS IS,” WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. Prospective bidders are advised to conduct an independent investigation of the nature and condition of the Collateral.

Creditor reserves the right to set further reasonable conditions for conducting the sale.  Any such further conditions shall be announced before bidding is opened.

Jacob Sparks, Esq.
Nelson Mullins Riley & Scarborough LLP
5830 Granite Parkway, Suite 1000
Plano, Texas 75024
Tel: (469) 484-4758
Email: [email protected]

Counsel for Scott W. Moscrip Revocable Trust

EXHIBIT A

COLLATERAL

“Collateral” means and includes all of Debtor’s now owned and hereafter acquired, created or arising:

  1. “accounts,” (as such terms are defined in Article 9 of the UCC); an
  2. “chattel paper,” including but not limited to “electronic chattel paper” and “tangible chattel paper” (as such terms are defined in Article 9 of the UCC); and
  3. “deposit accounts” (as defined in Article 9 of the UCC); and
  4. “documents” (as defined in Article 9 of the UCC); and
  5. “equipment” (as defined in Article 9 of the UCC); and
  6. “general intangibles,” including but not limited to “payment intangibles” and “software” (as such terms are defined in Article 9 of the UCC); and
  7. “instruments” (as defined in Article 9 of the UCC); and
  8. “inventory” (as defined in Article 9 of the UCC); and
  9. “investment property” (as defined in Article 9 of the UCC); and
  10. “letter of credit rights” (as defined in Article 9 of the UCC); and
  11. cash and non-cash “proceeds” (as defined in Article 9 of the UCC); and
  12. intellectual property, including without limitation (i) inventions (whether patentable or unpatentable and whether or not reduced to practice), improvements thereto, letters patent and pending applications for patents of the United States and all countries foreign thereto, including regional patents, certificates of invention and utility models, rights of license or otherwise to or under letters patent, certificates of intention and utility models which have been opened for public inspection and all reissues, reexaminations, divisions, continuations and extensions thereof; (ii) registered and unregistered trademarks and service marks, domain names, logos, trade names, trade dress, fictitious names, brand names, brand marks, and corporate names, together with all translations, adaptations, derivations, and combinations thereof, and all applications, registrations, and renewals in connection therewith; (iii) copyrightable works, registered copyrights and unregistered copyrights, and all applications, registrations, and renewals in connection therewith; (iv) mask works and all applications, registrations, and renewals in connection therewith; (v) trade secrets and confidential business information (including ideas, research and development, know-how, formulas, compositions, manufacturing and production processes and techniques, technical data, designs, drawings, specifications, customer and supplier lists, pricing and cost information, and business and marketing plans and proposals); (vi) software; (vii) other proprietary rights; (viii) copies and tangible embodiments of any of the foregoing (in whatever form of medium); (ix) rights to sue for claims and remedies against past, present and future infringement, dilution or misappropriations of any or all of the foregoing, and rights for priority and protection of interests therein under the laws of any jurisdiction; and (x) goodwill associated with any of the foregoing; and
  13. additions, accessions, replacements, substitutions, improvements and products of the foregoing Collateral; and
  14. books, records, documents, ledger cards, invoices, bills of lading and other shipping evidence, credit files, computer programs, tapes, discs, diskettes and other data and software storage medium and devices, customer lists, mailing lists, mailing labels, business forms and stationery and any other property and general intangibles evidencing or relating to the foregoing Collateral (including any rights of Debtor with respect to the foregoing maintained with or by any other person).

EXHIBIT B

Sent by First Class Mail and Certified Mail Return Receipt Requested to:

Sky Capital Group LLC
800 W. Main St., Ste. 1460
Boise, ID 83702
Attention: Scott Rhinehart, Interim CEO

Matt Patterson
2929 W. Navigator Dr., Ste. 300
Meridian, ID 83642

Matt Patterson
738 Vernal Way
Redwood City, CA 94062

Matt Patterson
2623 E. Plateau Dr.
Boise, ID 83712

Scott W. Moscrip Revocable Trust
c/o Olympus Wealth Management
6985 Union Park Center, Ste. 435
Cottonwood Heights, UT 84047

Scott W. Moscrip Revocable Trust
c/o Olympus Wealth Management
PO Box 8637
Midvale, UT 84047


Notification of Disposition of Collateral

April 10, 2024

From: SCOTT W. MOSCRIP REVOCABLE TRUST (“Creditor”)
To: SKY CAPITAL GROUP LLC, an Idaho limited liability company
d/b/a ROADY’S TRUCK STOP (“Debtor”)
Delivery Method: Sent by First Class Mail and Certified Mail Return Receipt Requested to Debtor and the persons listed on Exhibit B.

SECURITY AGREEMENT: That certain PROMISSORY NOTE AND SECURITY AGREEMENT (together with any and all modifications or amendments, the “Security Agreement”) described as follows:

Date: September 22, 2023
Debtor: Sky Capital Group LLC d/b/a Roady’s Truck Stop
800 West Main Street, Suite 1460
Boise, Idaho 83702
Attention:  Scott Rhinehart, Interim CEO
Creditor: Scott W. Moscrip Revocable Trust
c/o Olympus Wealth Management
6985 Union Park Center, Suite 435
Cottonwood Heights, Utah 84047
Creditor’s Counsel: Jacob Sparks, Esq.
Nelson Mullins Riley & Scarborough LLP
5830 Granite Parkway, Suite 1000
Plano, Texas 75024
Tel:     (469) 484-4758
Email: [email protected]
Financing Statement: UCC Financing Statement filed with the Idaho Secretary of State at File No. 20195649880.
Collateral: The collateral described in Exhibit A (collectively, the “Collateral”).

Sale: Creditor will sell the Collateral to the highest qualified bidder in public as follows:

Date: April 26, 2024
Time: 1:00 p.m. (CDT)
Place: The sale will be conducted utilizing Microsoft Teams. Persons may attend using the Microsoft Teams application or by telephone.

Using Microsoft Teams:
Meeting ID: 297 076 536 583
Passcode: mkXNbA

Dial-in by phone:
+1 202-792-3440,,502167284# United States, Washington DC
Phone conference ID: 502 167 284#

Any interested party may obtain additional information about how to attend the sale by contacting undersigned counsel.

Method: Public sale to the highest qualified bidder.

Debtor is entitled to an accounting of the unpaid indebtedness. Creditor will charge $50.00 for such accounting.  An accounting may be obtained by contacting undersigned counsel.

NELSON MULLINS RILEY & SCARBOROUGH LLP represents Creditor, and any interested party may communicate with Creditor through undersigned counsel, whose name, address, telephone number, and email address are set forth below in the signature block.

THERE IS NO WARRANTY RELATING TO TITLE, POSSESSION, QUIET ENJOYMENT, OR THE LIKE IN THIS DISPOSITION. THE COLLATERAL WILL BE SOLD “AS IS,” WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. Prospective bidders are advised to conduct an independent investigation of the nature and condition of the Collateral.

Creditor reserves the right to set further reasonable conditions for conducting the sale.  Any such further conditions shall be announced before bidding is opened.

Jacob Sparks, Esq.
Nelson Mullins Riley & Scarborough LLP
5830 Granite Parkway, Suite 1000
Plano, Texas 75024
Tel:     (469) 484-4758
Email: [email protected]

Counsel for Scott W. Moscrip Revocable Trust

EXHIBIT A

Collateral

Collateral” means and includes the following:

All of [Debtor’s] now owned and hereafter acquired, created or arising “accounts,” (as such terms are defined in Article 9 of the Uniform Commercial Code); and

All of [Debtor’s] now owned and hereafter acquired, created or arising “chattel paper,” including but not limited to “electronic chattel paper” and “tangible chattel paper” (as such terms are defined in Article 9 of the Uniform Commercial Code); and

All of [Debtor’s] now owned and hereafter acquired, created or arising “deposit accounts” (as defined in Article 9 of the Uniform Commercial Code); and

All of [Debtor’s] now owned and hereafter acquired, created or arising “documents” (as defined in Article 9 of the Uniform Commercial Code); and

All of [Debtor’s] now owned and hereafter acquired, created or arising “equipment” (as defined in Article 9 of the Uniform Commercial Code); and

All of [Debtor’s] now owned and hereafter acquired, created or arising “general intangibles,” including but not limited to “payment intangibles” and “software” (as such terms are defined in Article 9 of the Uniform Commercial Code); and

All of [Debtor’s] now owned and hereafter acquired, created or arising “instruments” (as defined in Article 9 of the Uniform Commercial Code); and

All of [Debtor’s] now owned and hereafter acquired, created or arising “inventory” (as defined in Article 9 of the Uniform Commercial Code); and

All of [Debtor’s] now owned and hereafter acquired, created or arising “investment property” (as defined in Article 9 of the Uniform Commercial Code); and

All of [Debtor’s] now owned and hereafter acquired, created or arising “letter of credit rights” (as defined in Article 9 of the Uniform Commercial Code); and

All of [Debtor’s] now owned and hereafter acquired, created or arising intellectual property, including without limitation (i) all inventions (whether patentable or unpatentable and whether or not reduced to practice), improvements thereto, letters patent and pending applications for patents of the United States and all countries foreign thereto, including regional patents, certificates of invention and utility models, rights of license or otherwise to or under letters patent, certificates of intention and utility models which have been opened for public inspection and all reissues, reexaminations, divisions, continuations and extensions thereof; (ii) all registered and unregistered trademarks and service marks, domain names, logos, trade names, trade dress, fictitious names, brand names, brand marks, and corporate names, together with all translations, adaptations, derivations, and combinations thereof, and all applications, registrations, and renewals in connection therewith; (iii) all copyrightable works, registered copyrights and unregistered copyrights, and all applications, registrations, and renewals in connection therewith; (iv) all mask works and all applications, registrations, and renewals in connection therewith; (v) all trade secrets and confidential business information (including ideas, research and development, know-how, formulas, compositions, manufacturing and production processes and techniques, technical data, designs, drawings, specifications, customer and supplier lists, pricing and cost information, and business and marketing plans and proposals); (vi) all software; (vii) all other proprietary rights; (viii) all copies and tangible embodiments of any of the foregoing (in whatever form of medium); (ix) all rights to sue for claims and remedies against past, present and future infringement, dilution or misappropriations of any or all of the foregoing, and rights for priority and protection of interests therein under the laws of any jurisdiction; and (x) all goodwill associated with any of the foregoing; and

All of [Debtor’s] now owned and hereafter acquired, created or arising cash and non-cash “proceeds” (as defined in Article 9 of the Uniform Commercial Code); and

All of [Debtor’s] now owned and hereafter acquired, created or arising additions, accessions, replacements, substitutions, improvements and products of the foregoing Collateral; and

All of [Debtor’s] now owned and hereafter acquired, created or arising books, records, documents, ledger cards, invoices, bills of lading and other shipping evidence, credit files, computer programs, tapes, discs, diskettes and other data and software storage medium and devices, customer lists, mailing lists, mailing labels, business forms and stationery and any other property and general intangibles evidencing or relating to the foregoing Collateral (including any rights of Maker with respect to the foregoing maintained with or by any other person).

For purposes hereof, “Uniform Commercial Code” shall mean the Uniform Commercial Code in effect in the State of Idaho or in the jurisdiction which is applicable under Idaho conflict of law rules.

EXHIBIT B

Sent by First Class Mail and Certified Mail Return Receipt Requested to:

Sky Capital Group LLC
800 W. Main St., Ste. 1460
Boise, ID 83702
Attention: Scott Rhinehart, Interim CEO

Matt Patterson
2929 W. Navigator Dr., Ste. 300
Meridian, ID 83642

Matt Patterson
738 Vernal Way
Redwood City, CA 94062

Matt Patterson
2623 E. Plateau Dr.
Boise, ID 83712

Scott W. Moscrip Revocable Trust
c/o Olympus Wealth Management
6985 Union Park Center, Ste. 435
Cottonwood Heights, UT 84047

Scott W. Moscrip Revocable Trust
c/o Olympus Wealth Management
PO Box 8637
Midvale, UT 84047

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