The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-04-29

TRUSTEES SALE.-wHEREAS. HY-
rum Groesbeck and Ann z. Groesbeck, his
tory of Utah, parties of the first part, did
by their certain deed of trust dated the
9Th day of October. 1872, and duly recorded
In the recorders Office of the county OF
Salt Lake and territory of Utah. on the
same day, in book "3 L. of mortgages,
on pages "251 TO 252'' inclusive, duly and
tee, of the same city and territory. as
party of the second part, for the use and
benefit of Ellen f. Steese, of Massillon,
lowing pieces zee or r. parcels Of land situated
in the county of Salt Lake, and territory
of Utah, bounded and described as fol
and the west one-half of lot seven. block
stxty-six, as plated in plat "a" OF salt
Lake City survey, and containing two
uated in the city of salt Lake. to secure
the payment of one note for the sum OF
fifteen thousand dollars, bearing even date
day of October, 1895, with interest thereon
at the rate of seven and ons-half per cent
per annu1n. payable seni-annually, the
principal and the interest payable at the
IN United States coin, with New York eX-
change, the interest upon said note being
nrst being PAID each for the sum, Of
i've hundred and sixty-two and one-half
dollars, payable on the. 4th days of April
and of October in each year until fully
paid, and each bearing interest at the
rate Of twelve per cent per annum. from
maturity until paid, both before and after
Groesbeck and Ann z. Groesbeck. Aud.
whereas. said deed of trust provided that
II said party of the third part therein
should pay or cause to be paid any taxes
levied or assessed upon the premises de-
Scribed in said deed of trust, that such
taxes so paid should be secured by said
deed of trust, and should bear interest at
the rate of twelve per cent per annum
from the date Of such payment, and be
pald out OF the proceeds of any sale made
OF the property under and by virtue of the
provisions of said deed of trust And
whereas. the said parties of the first part
neglected and failed to pay the current
theren for the year 1893. and the said
party of the third part for the purpose
OF protecting the said deed of trust paid
or the 18th day of December. 1893, the sum
of two hundred and fifty-seven and thir-
teen one-hundredths dollars the amount
OF such taxes, of which no part has been
except the sum of one hundred and fifty
dollars, leaving a balance due and un-
paid of one hundred and seven and thir-
teen ons-hundrsdths dollars. And where
as, is was provided in said deed of trust.
among other things, that ii default should
De made IN the payment of the principal
note or Of either of said interest notes
Or the interest that may accrue thereon.
the SAID party OF the second part in said
deed OF trust may proceed to sell said
described premises and property or any
part thereof at public yendue to the
highest bidder for cash at the front door
OF the Salt Lake county court house, in
f 2aiI Lake axe CITY, Ot3h territory, or at the
front ooor OF any building then used for
mat purpose, first giving twenty days
public notice of the time terms and place
of said sale, and the property to he sold
by advertisement in some newspaper
printed in the English language and pub
lished in Salt Lake city, Utah territory
and that upon making such sale the party
of the second part in said deed of trust
should execute and deliver a deed or deeds
IN fee simple OF The property sold to the
purchaser or purchasers thereof Ga recital
wherein of the request of the holder Of
said note that he should proceed TO sell
ana OF the publication of said notice,
should be evidence in all courts of law
or equity and DC full and sufficient proof
thereof. And, whereas, it was provided
in said principal note secured by said desd
of trust that if default should be mad. i'm
after the same should become due and
payable then said principal sum with the
option of the holder of SAID principal note
become due and payable and be collect
able without further notice. And. where
as, default has been made in the payment
of the interest note for tine sum Of five
hundred and siXty-two and ffty-Cne- hun
dredths dollars, which became due and
payable on the 4th day of April, 1891, and
the interest due and accTuing thereon since
that time at the rate of twelve per cent
per annum, and has also made default in
the payment of the taxes assessed and
levied upon said property described in
said deed OF trust, amounting to the sum
Of two hundred and flfty-seven and tfir-
teen one-hundredths dollars, which the
said party OF the third part was obliged
to pay. and did pay on the 18th day of
December, 1893, to prevent a sale thereof
for delinquent tax, of which no part has
been repaid by said parties of the first
part, except the sum of one hundred and
fifty dollars, leaving a balance due and
unpaid of one hundred and seven and thir-
teen one-hunGredths dollars. and which
said sum of money is to bear interest
at the rate of twelve per cent per annum
from date of such payment and the de
And, whereas, Ellen 3. Steese, the holder
and owner of all of said unpaid notes,
both principal and interest has elected to
exercise the option given her in said pI1n-
cIpdl note to declare the whole principal
note due and payable by reason OF said de-
fault and has declared the principal note
cue and payable, by reason of said de-
fault in the payment of said interest note
which became due on April 1, 1894. and has
maze written application TO me as trus-
tee named in said deed of trust, to adver-
tise and sell said property described IN
said deed of trust in accordance with the
terms and provisions of said deed OF trust
Of money from the proceeds of sale to pay
the expenses of this trust, including reaS-
enable attorney and counsel fees, and
compensation to said trustee for his SER
vices. Second, to pay the amount paid
by the said Ellen E. Steese for taxes with
one per cent per month interest thereon
iIon the cate oil the payment thereof.
Third, pay the amount remaining unpaid
On said note for principal and interest,
calculating interest up to the day of sale
and all other expenses of the trust Nov
therefore, public notice is hereby given
that on Saturday. the 18th day of May 1894
at one. o'clock p. m. of said day, at the
front door of the Salt Lake county court
house, in Salt Lake city, Utah territory
l, I. X. Williams, as trustee named in
said deed of trust, will sell the pieces or
parcels of land above and in said deed Of
trust described, and all of the right. title
interest and equity of redemption of the
said Hyrum Groesbeck and Ann L. tIroes-
teck, his wife, their heirs and assigns
therein, to the highest and best bidders
for cash in hand, for the purpose of rails
ing money to pay the principal and inter
est due upon said principal and interest
note, and to pay the amount expended
in the payment of taxes together with The
interest thereon to the day of sale, to-
gether with the costs and expense of
advertising. selling and conveying said
premises also attorney and counsel fees
and compensation TO said trustee for his
services and all other expenses for car
rying out the provisions of said deed of
trust. Terms of sale, cash in hand before
the close of sale. T. X. WILLIAMS.
Trustee
Sawyer & Putnam, Attorneys for Trustee