The Evening dispatch. [volume] (Provo, City, Utah) 1891-1895, 1894-06-08


Banking company a certain Deed o
Trust, conveying to him IN trust TO
said company the following described
real estate, situated in Utah county
UJah territory, to-wIt:
The southeast quarter ~ of section
we've ~, township eight Isl south o
range one ~ east. Salt Lake meridian
together with ali the rights OF the ust
OF the water for irngatlng said prem
Uses, and tor domestic use thereon tt
when the parties of the first part i'll
said Deed OF Trust or lhe
premises thereby conveyed are
now or may hereafter become en-.
Jlt,ted. Or which now are or NAV here.
after be used ON said premises, how
ever, the same may be evidenced, AMI
together with all shares of stock OF
shares OF water, IN any ditch or
irrigation company, which In any man
neI enlLle the Said parties OF the first
part TO water for irrigation or do
nestle purposes upon said premises,
winch SAID Deed OF Trust WAS alter
wards duly filed for record IN the office
Of the County Recorder OF Utah County,
Utah Territory, on the Fourth day or
May 1898 and thereafter duly recorded
III Book 'l7'' OF Mortgages at page 537
vi said records in said county.
WHEREAS, 1t is provided IN said Trust
Deed that III case OF default on the
payment OF said notes or any part there
Oh, 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
lnstallments OF principal or interest Of
said notes OF III case Tie first parties
therein should fail to preserve, protect
( and project ali water rights thereby
conveyed or 10 pay before the same
snail become delinquent, all taxes or
assessments that may become charge
able within the SAID territory of U tan,
| 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 otherW wise
conveyed to secure the said notes, and
IA case OF failure so to pay such sum or
sums CT SO 10 pay said taxes or assess
ments, the said Trustee or his success
SLrS may pay such taxes or assessments
and th5 sun or sums OF money which
may be paid by said IrusSee in any
case specified with interest from time
OF sucn payment at twelve per cent.
per annum shall be Immediately due
aud payable, AMI shall become SO much
additional indebtedness secured by said
trust Deed; that then and in either or
any Sucn 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,
VI any one of them, become immedi-
ately due and payable without notice
aud such holder may proceed to collect
tie same under said Trust Deed or
otherwise as they may elect, or In any
case as above prov lded, the sale trustee
IS authorized aud empowered to enter
upon, pesSess, hold and enjoy the above
premises, and either vita or Without
such entry, to sell and dispose of the
said premises, and all water or irriga-
.Ion rights aforesaid, or shares of stock
III any ditch or irrigation company, land
all the right, title and benefit and
equity of redemption of the first parties
therein at public 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 III 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 tILe published in the
county in which said premises, or any
part thereof, are situated, and TO make, |
execute and deliver to the purchaser or |
purchasers, at such sac, good and sui
iclenJ deed Or deeds Of conveyance for |
The premises sold, and out of the pro-
ceeds of such sale shall pay: First, all |
charges and expenses OF executing this |
lIust. Second, the debt and all other |
sums of money due on to become due |
hereunder, with interest, including a |
commission of five per cent, to the |
trustee for his SerY. ces and his costs |
and expenses and tie additional sum
OF five per cent. ON SUCH deot as attor-
ney's fees, and third, to render the over
plus lit any unto the first parties
therein, on reasonable request. And
WHEREAS. Default has been made in |
yayment or the interest on said princi. |
pal note due on the first day of Nuvem-
Der, A. ID. 1898, amounting to the sum |
OF forty nine and 80 100 dollars, also |
the sum which became due on the |
hrSt 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
cCaiimenG note, amounting to thirty
al H1nn no
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 |
e the pay ment of taxes, assessed and |
levied upon sad property described in |
said Trust Deed amounting to the sum |
OF $l5.SU, which said The Middlesex
Banking Company, tie owner and |
holder OF SAID notes, was obliged to
pay and did pay Oh the 18th day of |
} lnuary A. ID. 1894. And
WHEREAS, default has been made in |
the pay ment of the assessment levied |
on September 18th 1898 upon eighty |
shares of water stock in the Lake Shore |
Irrigation company, certificate No %, |
amounting to the sum OF $3.50, which |
said sum The MiddleseX Banking Com
pany was obliged to aud did pay on the |
18th day of December 1898, and which |
said water stock was part of the Sc
curity conveyed to said trustee in said |
Deed of Trust. And
WHEREAS, the said The Middlesex
Banking Company, the owner and |
holder of said notes, has elected and |
does elect to exercise the option given |
it in said notes to declare the whole |
principal note and installment note
due and payable, by reason or said de-
lault in the payment of said interest
aud installments which became due |
and payable on the first day of NOvem.
Der 1898 and the first day of May 1891,
respectively, and by reason of the non
payment OF the taxes as above set forth |