The Evening dispatch. [volume] (Provo, City, Utah) 1891-1895, 1894-06-11

and b iii of said notes being payable a
the office of said, The MIddleseX Bank
ing C, m any, al Middletown, Connect
icut. and
WHEREAS, II is provided in sal
notes, that if default should be mad
In the payment of any one of the III
stallments Of interest or principal a
above set forth, then the said prin
cipal sums, with all arrearages of inter
est, should at the election of the holde
thereof become at once due ond paya
BILE, such election TO be MADE at an,
time after default. AMI without notice
That 10 secure the payment to said
The M!dQleSeX Banking company, o
SAID notes and interest as specified
therein, the said Dennis Sullivan ant
Margaret Sullivan, his wife, on sait
18th day of April A, D. 1898 made, eX
ecuted and delivered to William I'll
Dale, trustee for said, The Mlddlese1
Banking company certain Deed o
| Trust, conveying to him in trust fol
said company the following described
real estate, situated in Utah county
Titan territory, to-wlt:
The southeast quarter 4 Of section
| Twelve (l2l. township eight Isl south Of
range one II east. Salt Lake meridian,
together with all the rights OF the use
OF the water for irrigatIng said prem
lses, and for domestic use thereon to
which the parJes OIL the first part in
said Deed of Trust or the
premises thereby conveyed are
now or may hereafter become en-
Tilted. Or which now are or may here
after he used on said premises, how.
ever, the same may be evidenced, and
together with all shares of stock or
shares of water, IN any ditch or
irriga ion company, which in any man
ner entltle the Said parties of tue first
part to water for irrigation or do
nestle purposes upon said premises,
which said Deed of Trust was after
wards duly filed for record IN the office
OF the County Recorder of Utah County,
Utah Territory, on the Fourth day of
May 1893 and thereafter duly recorded
in Book ~" of Mortgages at page 537
Of said RECORDS in said county.
WHEREAS, Its provided in said Trust
Deed that In case OF default on the
payment of said notes or any part there
Ut, or the interest thereon according to
the terms thereof, or in case OF the
breach OF any of the agreements or
covenants therein mentioned, and
WHEREAS, 1t Is further provided in
said Trust Deed, that in case of de-
fault in the payment of any one of the
installments OF principal or interest OF
said notes or in case the first parties
therein should fail to preserve, protect
and project all water rights thereby
conveyed or to pay before the same
shall become delinquent, all taxes or
assessments that may become charge
able within the said territory of Utah,
against said premises or any part there :
OF, and to pay when due all assess
ments on the ditch Or water rights or
shares Of stock thereby or otherwise
conveyed to secure the said notes, and
IN case OF failure so 10 pay such sum Or
sums CT SO 10 pay said taxes or assess
ments, the said Trustee or his success
sCrs may pay such taxes or assessments
and th5 sum or sums of money which
may be paid by said Irussee in any
case specified with interest from time
OF such payment at twelve per cent.
per annum shall be Immediately due
and payable, and shall become SO much
additional Indebtedness secured by said
Trust Deed; that then ana III eIJner Or
any such cases the whole sum of said
prOmissOry notes thereby secured and
interest thereon as agreed, shall at the
option of the legal holder of said notes,
OF any one of them, become immedl-
ately due and payable without notice
and such holder may proceed to collect
the same under said Trust Deed or
otherwise as they may elect, or in any
case as above prov ided, the saIG trustee
is authorized aud empowered to enter
upon, possess, mold ana enjoy the above
premises, and either with or without
such entry, to sell and dispose of the
said premises, and all water or irriga-
ZION rights aforesaid, or shares Of stock
in any ditch or Irrigation company land
all the right, title and benefit and
equity OF redemption of the first parties
therein at puDIIc auction, al the front
door OF the county courthouse where
the said premises are situated or on said
premises or any part thereof, as may
be specified in the notice of such sale,
for the highest and best price the same
Will bring ia Cash, at least four weeks
notice having been given of such sale
by advertisement, published once a |
week III any daily or weekly news |
paper at that tie published in the |
county In which said premises, or any
part thereof, are situated, land to make, |
execute and deliver to the purchaser or
purchasers, al SUCH sa e, good and SUI
hclenJ deed or deeds of conveyance fJr |
the premises sold, and out of the pro-
ceeds OF sucn sale snail pay: First, all
charges and expenses of executing this |
ret Gn6 nj
sums of money due OF to become due
hereunder, with interest, including a
commission of five per cent, to the
trustee for his services and his costs
and expenses and the additional sum
OF five per cent. Oh sucil deot as attoT-
ney's fees, and third, to render the over
plus iii any unto the first parties
therein, on reasonable request. And
WHEREAS, Default has been made in
payment OF the interest on said princi-
pal note due on the first day of Novem-
Der, A. d. 1898, amounting to the sum
of forty nine and 80 100 dollars, also |
the sum which became due on the
first day Of May 1894. amounting to the |
sum of forty eight dollars, also the sum
on said installment note amounting to |
thirty three and 05 100 dollars which be- |
came due on the first day of November
A. ID. 1898; also the sum due or said in.
stallment note, amounting to thirty
two dollars which became due on the |
first day of May 1894 and interest due |
and accrued thereon since said dates
at the rate of twelve per cent, per
annum, and default has also been made
z the payment of taxes, assessed and |
levied upon SAID property described in
said Trust Deed amounting to the sum
of $3.50, which said The Middlesex
Banking Company, tie owner and
holder of said notes, was obliged to
pay and did pay on the 18th day of
J inuary A. d. 1894. And
WHEREAS, default has been made in
the payment of the assessment levied
on september 18th 1898 upon eighty