The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-11-25
TRUSTEES SAFE.

NOTICE IS HEREBY GIVEN, THAT
whereas, Frank G. Brown, of the city OF
certain deed of trust made and executed
by him on November 18th, 1873, to Joseph
p. Roshorough and Samuel A, Merritt
I ,n delivered and duly recorded in the
recorder office in the County of salt
Lake, Territory of Utah. in book C of
mortgages, page 1143, did grant bargain
convey and confirm to the said Rosbor-
ough and Merritt, who are the parties of
ine second part in said deed, certain min
IhS property situate in the County of Salt
LAKE ana territory of Utah. and in the Big
CotipnWood mining district in said coun
W the said mining claims being described
as follows, to-wit Those certain mining
CLAIMS situated on Keslers Peak in said
mining district county and territory
aforesaid, known as, and called the Car
Donate, the Baker. the Sailor Jack. Alto
Ie a, Defiance, Eureka and Ebel mining
Claims. also the Ebel tunnel and being
t I, same property conveyed to the said
Frank G: Brown by John w. Kerr, John
\. Mcbride John p. Lawson and George
&. Harkins, which said conveyance was
in trust to secure the pavment Of SER
tain Indebtedness aggregating some Sixty
Thousand Dollars, evidenced by two prom
isssory notes, bearing even date with said
deed deed of trust and executed by the said
FRANK q. Brown, and payable to the or.
DER of John P. Lawson and George e.
Harkins, the parties of the third part in
Sald deed of trust, the one of said notes
belng for the sum of Ten Thousand Dol
lars, payable January LIST, 1879, and the
other of said promlssory notes being for
the, sum of Fifty Thousand Dollars, due
and payable on the first day of March,
1879 each of said notes bearing interest
thereon from date until paid. Which said
deed of trust and the notes secured there
by: having prior hereto been by the said
John p. Lawson and George c.. Harkins
assigned, transferred. made over and de-
ivered for value. to Hamilton Odell of the
City of New York, State of New York, by
deed of assignment bearing date March
18th, 1879. and duly recorded in the county
recorders office Of Salt Lake county
es, page 1859; said Hamilton Odell being
now the legal owner and holder of said
mortgage and notes: And whereas, 1T was
other things. that ''if default shall be
made in the payment of any OF said sums
of principal or interest when due, in the
manner stipulated in. said promissory
notes, or in the reimbursement of any
amounts herein provided to be paid, or of
any interest thereon, then the said par
ties of the second part, or the survivor of
them, their successors or assigns, on ap-
plication of the party of the third part
or their assigns, shall sell the above
granted premises, or such part thereof as
in their discretion they shall find it neces-
sary 10 sell in order to accomplish the
object of these trusts in the manner fol-
lowing, namely: They shall first publish
the time and place of such sale with a de-
scription of the property to be sold at
least once week for two weeks, In some
newspaper published in the city and coun-
~ of Salt Lake, and may from tlme. TO
time postpone such sale by publication,
and on the day of sale so advertised. or
to which such sale may be postponed,
they may sell the property so advertised,
or any portion thereof at public auction.
in any county where any part OF said
property may be situated. to the highest
cash bidder, and the holder or holders oil
said promissory note, their agent or as
signs may bid and purchase at such sale.
And whereas. the said promissory note
last falling due. to-wit. the note for F'ifty
Thousand dollars. falling due. on March
LIST. 1879. remains wholly unpaid to the eX-
tent of Thirty-five Thousand Five. Hundred
Dollars, there having been paid thereon
prior hereto, only the sum of Fourteen
Thousand Five Hundred Dollars. which
said balance of Thirty-fiye Thousand Five
Hundred Dollars bears interest thereon
from the date of the maturity OF said
note, to-wit, March 1st. 1879, at the rate
of ten per cent. per annum, and that no
part of said Thirty-fiVe Thousand Five
Hundred Dollars, or of the interest there
on as aforesaid, has been paid. but the
same remains wholly due and unpaid
Now, therefore, we, the undersigned, Jo-
seph B. Rosborough and Samuel A. Mer-
rift, trustees as aforesaid, at the request
note last above described, and by virtue
of the authority given us in said deed OF
trust, and in accordance with the proVis
ions thereof, Will, on Saturday, the lStr
of u o'clock m. and 8 O'Clock D. m, Of
| that day, at the south front door of the
old county court house. in the city and
| county of Salt Lake, Territory of Utah
! proceed to sell and sell the above des
cribed mining property, at public. auction
to the highest bidder for cash in hand, IL
order to pay said note and interest anC
the costs of this trust, or so much Thereof
as it may pay; and upon such sale being
made, being thereunto duly authorized by
said deed, we shall make, execute anC
deliver to the purchaser or purchasers Of
said property a good and sufficient deed
or deeds, conveying all the interest which
the said Frank G. Brown had in and {
the aforesaid mining property on the 1Stf
day of November, 1878, and which We have
or hold therein as trustees.
| Salt Lake City, Utah, Nov. g. 1894.
JOSEPH B. ROSBOROUGH,
! SAMUEL A. MERRITT.
| Trustees.